MBD 2013 RCD Govt of Bihar

GOVERNMENT OF BIHAR

ROAD CONSTRUCTION DEPARTMENT

MODEL BIDDING DOCUMENT (MBD)

FOR
LONGTERM OUTPUT AND PERFORMANCE BASED ROAD

ASSETS MAINTENANCE CONTRACT (OPRMC)
August -2013
Government of Bihar Road Construction Department LONG TERM OUTPUT AND PERFORMANCE BASED ROAD
ASSETS MAINTENANCE CONTRACT BID DOCUMENTS
GOVERNMENT OF BIHAR
MODEL BIDDING DOCUMENT

FOR
LONG TERM OUTPUT AND PERFORMANCE BASED ROAD ASSETS MAINTENANCE

CONTRACT (OPRMC)
Name of work: Long Term Output and Performance Based Road

Maintenance Work for the roads under division
.............................................
Package No. :
00/OPRMC/[Name of Division]
Invitation for Bid Page: i
Bidder Executive Engineer, Road Division ..

INVITATION FOR BID (IFB)
Invitation for Bid Page: ii
Bidder Executive Engineer, Road Division .

GOVERNMENT OF BIHAR
Office of the Executive Engineer, ....................Division, .......................

DETAILED NOTICE INVITING TENDER (through e_procurement mode only
www.eproc.bihar.gov.in)
for Long Term Output and Performance Based Road Assets Maintenance work.
1. Designation and Address of the Advertiser : ...........................................................

2. Date of Issue of Notice Inviting Tender : ...........................................................
3. Period for download of Tender Document : From ....... to ....... upto 15.00 hrs
4. Date, Time & Place of Pre-Bid meeting : Date ....... at 11 hrs NH Inspection Bunglow
Bihar, Patna
5. Last Date & Time for uploading tender : Date ...... till ..... time 15:00 PM on
documents by bidder www.eproc.bihar.gov.in
6. Date, time & place of opening of Technical : Date ............. Time 15.30 hrs.
Bid (Next working day after receipt of tender)
On Website :www.eproc.bihar.gov.in
7. Last date, time and place for submission of

original instrument of EMD , cost of BOQ
(including processing fees). : Till 15.00 hrs on .............. or next working
day of last date of uploading of tender
document by the bidders.
Place
(i) Executive Engineer, ...........................
or
(ii) Superintending Engineer .................
or
(iii)Chief Engineer, .................................
8. The Executive Engineer Road Division.............. under District.................. Road
Construction Department on behalf of Governor of Bihar invites bids for the works detailed
below.
Project Scope & Duration: To undertake Ordinary Maintenance, Initial Rectification Works,
Periodic Maintenance Work and Minor Improvement Works and Emergency Works on select
roads totalling approximately .........Lane Kilometres as described in para 9. The maintenance
work will also include cross drainage works, minor work on bridges and roadside maintenance
within the select road limits. The Ordinary Maintenance works will be carried out under
performance based road maintenance on a lump sum basis paid monthly. Initial Rectification
and Periodic Maintenance will be paid on measured quantity to the value of the Lump Sum
and Minor Improvement Works will be paid on the basis of actual quantities of work
completed. There is a requirement for specialized maintenance equipment and the contract
obligation is for continuous input over a period of 5 years.
Bidder Executive Engineer, Road Division

Bidders are strongly encouraged to download the bidding documents prior to the
pre-bid meeting in order for bidders to have a good understanding of the scope of
work under this contract for discussion and clarification at the pre-bid meeting.
Bidders are also advised to visit each road, be acquainted with the physical condition
of road, satisfy themselves and then participate in the bid.
9. Details of works :
1 2 3 4 5 6 7 8
Serial / District Name of Chainage Length Estimate Earnest Name of
Package / Road Roads (km to (Kms) d cost Money/ the office
No. Divisio km) value Bid where the
n (ECV) in Securit original
In Rs. y in Rs. instrument
Lacs Lacs of EMD,
Cost of
BOQ (
including
processing
fee) have
to be
submitted
Total Lane
Length Km
.............. ...... ...... ...... ............. ...... .............. ............ 1.EE,
.. ... ... Road
Division ..
2.SE,
Road
Circle ...
3. CE
North/Sou
th Bihar
wing.
10.Period of contract: 60 Months

11 Date, time and place of opening of Financial Bid: Date .............. Time 15.30 hrs On
Website :www.eproc.bihar.gov.in
12.Bid Validity : 120 days
13. Any Contractor registered with the Central Government / any State Government or any PSU
or an agency of international or national repute may participate in the tender but registration
with the Road Construction Department, Bihar will be essential after issue of L.O.A and
before executing the agreement.

14. Detailed NIT can be seen on web site www.prd.bihar.nic.in or www.eproc.bihar.gov.in or on

the notice board of the office of the undersigned.
15. For participating in the above E-tendering process, the contractors shall have to get themself
registered with the service provider so that user ID, password and digital signature are issued
to them .This will enable them to access the website www.eproc.bihar.gov.in and download
/participate in E -tender . For this intending bidders may contact E-procurement Helpdesk at
1st Floor, M/22 Bank of India Building, Road No.-25 Sri Krishna Nagar, Patna-80020,
Telephone No. 0612-2523006, Mob No.- 9939035696
16. The undersigned reserves the right to extend or cancel the tender/tenders without assigning
any reason thereof.
17. Earnest money in any form as prescribed in rule 161 of the revised PWD code and duly
endorsed/pledged to the authorized departmental representative (Concerned Executive
Engineer) can be in any of the following shapes or combination thereof.
(a) Fixed Deposit receipt of Nationalized/Scheduled Bank .
(b) Post Office/Saving Bank Passbook.
(c) One, two or three years Post Office time deposit.
(d) NSC issued within the State of Bihar.
(e) 5 years National Development Bond.
(f) State Development Loan Certificate.
(g) For works costing more than one Crore, a Bank Guarantee of Nationalized/Scheduled Bank
may also be Submitted.
The above instrument (s) shall remain valid for the minimum period of six months after last
date of receipt of tender.
18 (a) A scanned image of form Fee instrument (cost of B.O.Q. including Processing fee for
Beltron) which is Rs........................ (Rs ...............................), paid in the form of D.D of
any nationalized/scheduled bank in favour of Executive Engineer, ......................
Division,................ and payable at ...................... to be uploaded along with the tender
documents.
(b) A scanned copy of the instrument (s) for Earnest Money as described in Clause 16 above
to be uploaded along with the tender documents.
(c) In respect of 17(a) and (b), the bidder shall also upload details of the instrument(s)
including amount, date, serial no., bank on which drawn, office in favour of whom it is
drawn/pledged and the place where they are payable.
19. Bidders/Contractors can access tender documents on the website and must fill them and
submit the completed tender documents in electronic form on the website itself, Bidders /
Contractors shall attach scanned copies of all required papers, D.D and certificates as
required in the eligibility criteria. All the uploaded documents shall have the signature of
bidder or their authorized signatories. The scanned copies should be of the original papers
and certificates only.
20. Corrigendum / Addendum, if any, will be published on the website itself.
21. As per Departmental letter no. 3987(s) dated 28.04.2012, tenderers will have to declare by
affidavit that they have not been declared defaulter or blacklisted by any State Government/

Central Government/ Public Undertaking. If such affidavit is subsequently found to be false,

their tender shall not be considered and further legal action shall be initiated.
22. For any information / complaints the departmental helpline (no 18003456161) may be
contacted.
23. Before uploading tenders, bidders are advised to go through the General Conditions,
Particular Conditions and the other conditions of the MBD uploaded with the tender
document.
24. It is mandatory for bidders to upload an affidavit to the effect that they are not ineligible to
participate in the tender (ref: RCD letter no. 3407(s) dated 18.03.11).
25. Contractor will have to deposit additional performance guarantee for seriously unbalanced
rate quoted by him at the time of agreement as per RCD letter No. 3376(E) WE dated
17.08.10
26. Bids from joint ventures are allowed as per the eligibility criteria.
27. In the unlikely event of the server for www.eproc.bihar.gov.in being down for more than two
consecutive hours (in the period from midnight to closing time for receipt of tenders) on the
last date of receiving of bid, the last date of the same shall automatically be extended to next
working day till the last receiving time stipulated in the original NIT.
28. The bidders are requested to check their file size of uploaded documents at the time of
submission & they should ensure that work file is uploaded. If they feel that the complete
file is not uploaded then they should click on cancel & update the same before submission.
The bidders should satisfy themselves of Download ability / visibility of the scanned &
uploaded file by them.
29. The bidders are directed to zip their files using WinZip or WinRAR software only. Other
formats of zipping will not be accepted and will be rejected.
30. The bidder must use MS Office-2007 or lower version.
31. File size should be less than 5MB and should be MS Word, MS Excel, PDF and JPEG
Formats.
32. No claim shall be entertained on account of disruption of internet service being used by
bidders. Bidders are advised to upload their bids well in advance to avoid last minute
technical snags.
33. Bidders are advised to note the minimum qualification criteria specified in Clause 4, Section
I of the Instructions to Bidders and Section III Evaluation and Qualification Criteria to
qualify for the award of the contract.
34. Other details is can be seen in the bidding document.


Bidding Document
Long Term Output And Performance Based Road Assets Maintenance Contract
(OPRMC)
Table of Contents
PART 1 Bidding Procedures

Section I. Instructions to Bidders ....................................................................................
Section II. Bid Data Sheet ...............................................................................................
Section III. Evaluation and Qualification Criteria .........................................................
Section IV. Bidding Forms .............................................................................................
PART 2 Technical Specifications

Section V. Technical Specifications ...............................................................................
PART 3 Conditions of Contract and Contract Forms

Section VI. General Conditions (GC) ..............................................................................
Section VII. Particular Conditions (PC) .........................................................................
SectionVIII. Annex to the Particular Conditions - Contract Forms................................
APPENDICES
(A) Drawings .................................................................................................................
(B) Asset Inventory Information ....................................................................................
(C) Forms of Contract .....................................................................................................
(D) Rules and Procedures for Function of the Dispute Review Expert ..........................
(E) Terms of Reference for Videographic Survey .........................................................
(F) 1. Contractors Checklist on Environmental and Social Issues .................................
2. Environmental Management Action Plan (EMAP)..............................................
3. Environmental Sensitive Areas for Particular Attention ......................................
Table of Contents Page: 1
Bidder Executive Engineer, Road Division ...

PART 1 BIDDING PROCEDURES
Section I: Instruction to Bidders Page: 2

Section I. Instructions to Bidders
Table of Clauses
A. General
1. Scope of Bid .........................................................................................................
2. Source of Funds ...................................................................................................
3. Corrupt Practices ..................................................................................................
4. Eligible Bidders ...................................................................................................
B. Contents of Bidding Document

5. Sections of Bidding Document ...........................................................................
6. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ........................
7. Amendment of Bidding Document ......................................................................
C. Preparation of Bids
8. Cost of Bidding ....................................................................................................
9. Language of Bid ...................................................................................................
10. Documents Comprising the Bid ...........................................................................
11. Letter of Bid, and Schedules ................................................................................
12. Alternative Bids ...................................................................................................
13. Bid Prices and Discounts .....................................................................................
14. Documents Comprising the Technical Proposal ..................................................
15. Documents Establishing the Qualifications of the Bidder ...................................
16. Period of Validity of Bids ....................................................................................
17. Bid Security .........................................................................................................
18. Format and Signing of Bid ...................................................................................
D. Submission and Opening of Bids

19. Deadline for Submission of Bids .........................................................................
20. Bid Opening .........................................................................................................
E. Evaluation and Comparison of Bids

21. Confidentiality .....................................................................................................
22. Clarification of Bids .............................................................................................
23. Deviations, Reservations, and Omissions ............................................................
24. Determination of Responsiveness ........................................................................
25. Nonmaterial Nonconformities .............................................................................
26. Correction of Arithmetical Errors ........................................................................
27. Evaluation of Bids................................................................................................
28. Comparison of Bids .............................................................................................
29. Qualification of the Bidder ..................................................................................
30. Employers Right to Accept Any Bid, and to Reject Any or All Bids ................
F. Award of Contract
31. Award Criteria .....................................................................................................
32. Notification of Award ..........................................................................................
33. Signing of Contract ..............................................................................................
34. Performance Security ...........................................................................................

Section I. Instructions to Bidders

A. General
Scope of Bid 1.1 In connection with the Invitation for Bids indicated in the Bid
Data Sheet (BDS), the Employer, as indicated in the BDS,
issues these Bidding Documents for the procurement of Works
and Services as listed below for the award of a Long Term
Output and Performance-based Road Assets Maintenance
Contract (OPRMC). The Works and Services under the OPRMC
will cover the Roads indicated in the BDS and will consist of:
(a) Ordinary Maintenance Services or Services consisting of
all interventions on the Roads which are to be carried out by
the contractor in order to achieve and keep the Road
performance standards defined by the Service Level
included in the Specifications in of these Bidding
Documents, and all activities related to the management and
evaluation of the road network under contract.
(b) Initial Rectification Works, when requested in the BDS for
the sections of the Road(s) indicated in the BDS,
consisting of specific types of civil works described in the
Specifications.
(c) Periodic Maintenance Works, when requested in the BDS
for the sections of the Road(s) indicated in the BDS,
consisting of specific types of civil works described in the
Specifications.
(d) Minor Improvement Works, when requested in the BDS,
consisting of a set of specific interventions indicated in the
Specifications to the Roads in response to existing or new
traffic and safety or other considerations.
(e) Emergency Works consisting Daywork rates for activities
needed to reinstate the Roads and reconstruct their structure
or their right of way which has been damaged as a result of
natural phenomena with imponderable consequences, such
as strong storms, flooding, and earthquakes.
1.2 Throughout these Bidding Documents:
(a) the term in writing means communicated in written form
and delivered against receipt;
(b) except where the context requires otherwise, words indicating

the singular also include the plural and words indicating the
plural also include the singular; and

(c) day means calendar day.

Source of Funds 2.1 The expenditure under this contract shall be made from budget of
Road Construction Department, Govt. of Bihar.
Corrupt Practices 3.1 It is the State Govt.s Policy that Bidders, Contractors, Suppliers and
their subcontractors observe the highest standard of ethics during the
procurement and execution of such contracts. In this context, any
action taken by a bidder, supplier, contractor, or a sub-contractor to
influence the procurement process or contract execution for undue
advantage is improper.
(a) For the purposes of above provision, the terms set forth below
are as follows:
(i) corrupt practice is the offering, giving, receiving, or
soliciting directly or indirectly, of anything of value to
influence improperly the action of another party. Another
party refers to a public official acting in relation to the
procurement process or contract execution.
(ii) fraudulent practice is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit
or to avoid an obligation. A party refers to a public official;
the terms benefit and obligation relate to the procurement
process or contract execution; and the act or omission is
intended to influence the procurement process or contract
execution. ;
(iii) collusive practice is an arrangement between two or
more parties, designed to achieve an improper purpose
including to influence improperly the actions of another
party. parties refers to participants in the procurement
process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.;
and
(iv) coercive practice is impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence
improperly the actions of a party. A party refers to a
participant in the procurement process or contract
execution;
(v) "obstructive practice" is
(va) deliberately destroying, falsifying, altering or

concealing of evidence material to the
investigation or making false statements to

investigators in order to materially impede a
investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to
prevent it from disclosing its knowledge of
matters relevant to the investigation or from
pursuing the investigation; or
(vb) acts intended to materially impede the exercise of

the inspection and audit rights.
(b) Employer will reject a proposal for award if it determines that

the Bidder recommended for award has, directly or through an
agent, engaged in corrupt, fraudulent, collusive or coercive
practices in competing for the Contract in question;
(c) Employer will sanction a firm or individual, including
declaring them ineligible, either indefinitely or for a stated
period of time, to be awarded a Government-financed contract
if at any time determines that they have, directly or through an
agent, engaged in corrupt, fraudulent, collusive or coercive
practices in competing for, or in executing a contract.
Eligible Bidders 4.1 A Bidder may be a natural person, private entity, subject to
ITB 4.4 or any combination of such entities supported by a letter
of intent to enter into an agreement or under an existing
agreement in the form of a joint venture or association (JVA). In
the case of a joint venture or association:
(a) unless otherwise specified in the BDS, all partners shall be
jointly and severally liable, and
(b) the JVA shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any
and all the partners of the JVA during the bidding process
and, in the event the JVA is awarded the Contract, during
contract execution.
4.2 JV shall be allowed only for the Estimated Cost Value ( ECV)
more than Rs. 50.00 cr.
4.3 A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest with one or more
parties in this bidding process, if :

(a) they have controlling partners in common; or

(b) they receive or have received any direct or indirect subsidy
from any of them; or
(c) they have the same legal representative for purposes of this bid;
or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have
access to information about or influence on the bid of another
Bidder, or influence the decisions of the Purchaser regarding
this bidding process; or
(e) each bidder shall submit only one bid for any work or one
package or group. A bidder who submits or participates in
more than one bid will cause all the proposals with the
Bidders participation to be disqualified. However, this does
not limit the inclusion of the same subcontractor in more than
one bid; .
(f) a Bidder participated as a consultant in the preparation of the
design or technical specifications of the works that are the
subject of the bid; or
(g) a Bidder was affiliated with a firm or entity that has been hired
(or is proposed to be hired) by the Government as Engineer for
the contract.
4.4 Bidders shall provide such evidence of their eligibility satisfactory
to the Employer, as the Employer shall reasonably request.
4.5 The bidding is open only to Bidders as stated in the BDS.
B. Contents of Bidding Document
Sections of Bidding 5.1 The Bidding Documents consist of Parts 1, 2, and 3, which
Document include all the Sections indicated below, and should be read in
conjunction with any addenda issued in accordance with ITB 7.
PART 1 Bidding Procedures
Section I. Instructions to Bidders (ITB)
Section II. Bid Data Sheet (BDS)
Section III. Evaluation Criteria and Qualification Criteria
Section IV. Bidding Forms
PART 2 Specifications for Works and Services

Section V. Specifications for Works and Services,

Drawings if any.
PART 3 Conditions of Contract and Contract Forms
Section VI. General Conditions (GC)
Section VII. Particular Conditions (PC)
Section VIII. Annex to the Particular Conditions -
Contract Forms
5.2 The Invitation for Bids issued by the Employer is a part of the
Bidding Document.
5.3 The Employer is not responsible for the completeness of the

Bidding Documents and their addenda, if they were not obtained
directly from the source stated by the Employer in the Invitation
for Bids.
5.4 The Bidder is expected to examine all instructions, forms, terms,

and specifications in the Bidding Document. Failure to furnish all
information or documentation required by the Bidding Documents
may result in the rejection of the bid.
Clarification of 6.1 A prospective Bidder requiring any clarification of the Bidding

Bidding Document shall contact the Employer in writing at the Employers
Document, Site address indicated in the BDS or raise his enquiries during the
Visit, Pre-Bid pre-bid meeting if provided for in accordance with ITB 6.4. The
Meeting Employer will respond to all request for clarification in pre bid
meeting, provided that such request is received no later than the
date of pre-bid meeting. The Employer shall upload its response
on departmental website. If the Employer deem it necessary to
amend the Bidding Document as a result of a request for
clarification, it shall do so following the procedure under ITB 7
and ITB 19.2.
6.2 The Bidder is required to visit and examine the Site of the Roads
and its surroundings and obtain for itself and on its own
responsibility all information that may be necessary for preparing
the bid and entering into a contract for construction of the Works.
The costs of visiting the Site shall be at the Bidders own expense.
6.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to visit the Roads and surrounding
lands for the purpose of such visit, but only upon the express
condition that the Bidder, its personnel, and agents will release
and indemnify the Employer and its personnel and agents from
and against all liability in respect thereof, and will be responsible
for death or personal injury, loss of or damage to property, and
any other loss, damage, costs, and expenses incurred as a result of
the inspection.
6.4 The Bidders designated representative is required to attend a pre-

bid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.
6.5 The Bidder is requested, as far as possible, to submit any
questions in writing, to reach the Employer not later than one
week before pre-bid meeting.
6.6 Minutes of the pre-bid meeting, including the text of the questions
raised, without identifying the source, and the responses given,
together with any responses prepared after the meeting, will be
transmitted promptly through the departmental website. Any
modification to the Bidding Documents that may become
necessary as a result of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an Addendum pursuant
to ITB 7 and not through the minutes of the pre-bid meeting.
6.7 Nonattendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
Amendment of 7.1 At any time prior to the deadline for submission of bids, the
Bidding Employer may amend the Bidding Documents by issuing
Document addenda.
7.2 Any addendum issued shall be part of the Bidding Documents and
shall be posted on departmental website.
7.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their bids, the Employer may,
at its discretion, extend the deadline for the submission of bids,
pursuant to ITB 19.2
Cost of Bidding 8.1 The Bidder shall bear all costs associated with the preparation and
submission of its Bid, and the Employer shall not be responsible
or liable for those costs, regardless of the conduct or outcome of
the bidding process.
Language of Bid 9.1 The Bid, as well as all correspondence and documents relating to
the bid exchanged by the Bidder and the Employer, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be in
Hindi.
Documents 10.1 The Bid shall comprise the following:
Comprising the
Bid (a) Letter of Bid;
(b) completed schedules as required, including priced Bills of

Quantities, in accordance with ITB 11 and 13;
(c) Bid Security, in accordance with ITB 17;
(d) alternative bids, if permissible, in accordance with ITB 12;
(e) written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 16.2;
(f) documentary evidence in accordance with ITB 15
establishing the Bidders qualifications to perform the
contract if its Bid is accepted;
(g) Technical Proposal in accordance with ITB 14; and
(h) any other document required in the BDS.
10.2 In addition to the requirements under ITB 10.1, bids submitted by
a JVA shall include a copy of the Joint Venture Agreement
entered into by all partners. Alternatively, a Letter of Intent to
execute a Joint Venture Agreement in the event of a successful
bid shall be signed by all partners and submitted with the bid,
together with a copy of the proposed agreement.
Letter of Bid, and 11.1 The Letter of Bid and Schedules, including the Bills of Quantities,
Schedules shall be prepared using the relevant forms furnished in Section IV,
Bidding Forms. The forms must be completed without any
alterations to the text, and no substitutes shall be accepted. All
blank spaces shall be filled in with the information requested.
Alternative Bids 12.1 Unless otherwise indicated in the BDS, alternative bids shall not
be considered.
12.2 Except as provided under ITB 12.3 below, Bidders wishing to

offer technical alternatives to the requirements of the bidding
document must first price the Employers design as described in
the bidding document and shall further provide all information
necessary for a complete evaluation of the alternative by the
Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical
alternatives, if any, of the lowest evaluated Bidder conforming to
the basic technical requirements shall be considered by the
Employer.
12.3 When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the Initial
Rectification, Periodic Maintenance and/or Minor Improvement
Works, and such parts will be identified in the BDS, as will the
method for their evaluating, and described in Section V, Works

Requirements.
Bid Prices and 13.1 The prices and discounts quoted by the Bidder in the Letter of Bid
Discounts and in the Bills of Quantities shall conform to the requirements
specified below.
13.2 The Bidder shall fill in rates and prices for all items of the Works
and Services described in the Bills of Quantities. Items against
which no rate or price is entered by the Bidder will not be paid for
by the Employer when executed and shall be deemed covered by
the rates for other items and prices in the Bills of Quantities.
13.3 The price to be quoted in the Letter of Bid, in accordance with
ITB 11.1, shall be the total price of the Bid, excluding any
discounts offered.
13.4 The Bidder shall quote any unconditional discounts and the
methodology for their application in the Letter of Bid, in
accordance with ITB 11.1.
13.5 Unless otherwise provided in the BDS and the Contract, the rates
and prices quoted by the Bidder are subject to adjustment during
the performance of the Contract in accordance with the provisions
of the Conditions of Contract.
13.6 All duties, taxes, and other levies payable by the Contractor under
the Contract, or for any other cause, as of the date 28 days prior to
the deadline for submission of bids, shall be included in the rates
and prices and the total Bid Price submitted by the Bidder.
Documents
Comprising the 14.1 The Bidder shall furnish a Technical Proposal including a
Technical statement of work methods, equipment, personnel, schedule and
Proposal any other information as stipulated in Section IV, in sufficient
detail to demonstrate the adequacy of the Bidders proposal to
meet the requirements of Section V, Specifications.
Documents 15.1 To establish its qualifications to perform the Contract in
Establishing the accordance with Section III, Evaluation and Qualification Criteria,
Qualifications of the Bidder shall provide the information requested in the
the Bidder corresponding information sheets included in Section IV, Bidding

Forms.
Period of Validity of 16.1 Bids shall remain valid for the period specified in the BDS after
Bids the bid submission deadline date prescribed by the Employer. A
bid valid for a shorter period shall be rejected by the Employer as
non responsive.
16.2 In exceptional circumstances, prior to the expiration of the bid
validity period, the Employer may request Bidders to extend the
period of validity of their bids. The request and the responses
shall be made in writing. If a bid security is requested in
accordance with ITB 17, it shall also be extended for forty five
(45) days beyond the deadline of the extended validity period. A
Bidder may refuse the request without forfeiting its bid security.
Bid Security 17.1 Unless otherwise specified in the BDS, the Bidder shall furnish
as part of its bid, a bid security in original form and in the amount
specified in the BDS. The scanned image of bid security shall be
uploaded along with the bid document as per e-tendering process.
The original instrument of the bid security shall be deposited in
the offices up to the date and time as specified in NIT.
17.2 The Bid Security/ Earnest Money shall be a demand guarantee at
the Bidders option, in any of the following forms:
(a) Fixed Deposit receipt of Nationalized/Scheduled Bank and Valid for
six months after last date of receipt of tender.
(b) Post Office/Saving Bank Passbook.
(c) One, two or three years Post Office time deposit.
(d) NSC issued within the State of Bihar.
(e) 5 years National Development Bond.
(f) State Development Loan Certificate.
(g) For works costing more than one Crore, a Bank Guarantee of
Nationalized/Scheduled Bank may also be Submitted.
The bid security shall be valid for forty five (45) days beyond the
original validity period of the bid, or beyond any period of
extension if requested under ITB 16.2
17.3 Any bid not accompanied by an enforceable and compliant bid
security, if one is required in accordance with ITB 17.1, shall be
rejected by the Employer as non responsive.
17.4 The bid security of unsuccessful Bidders shall be returned as
promptly as possible upon the successful Bidders furnishing of
the performance security pursuant to ITB 34.2

17.5 The bid security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed the
Contract and furnished the required performance security.
17.6 The bid security will be forfeited:
if a Bidder withdraws its bid during the period of bid validity
specified by the Bidder on the Letter of Bid Form, except as
provided in ITB 16.2 or
if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 33; or
(ii) furnish a performance security in accordance with ITB
34.
17.7 The bid security of a JVA shall be in the name of the JVA that
submits the bid. If the JVA has not been legally constituted at the
time of bidding, the Bid Security shall be in the names of all
future partners as named in the letter of intent referred to in ITB
4.1.
Format and Signing

of Bid
18.1 Any inter-lineation, erasures, or overwriting shall be valid only if

they are signed or initialed by the person signing the bid.
D. Submission and Opening of Bids
Deadline for 19.1 The bids must be uploaded by the bidder not later than the date
Submission of and time as indicated in BDS.
Bids
19.2 The Employer may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Document in
accordance with ITB 7, in which case all rights and obligations of
the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
Bid Opening 20.1 The technical bid shall be opened electronically at the place,
date and time as specified in detailed NIT. through website
www.eproc.bihar.gov.in

Confidentiality 21.1 Information relating to the evaluation of bids and
recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with such
process until information on Contract award is communicated to
all Bidders.
21.2 Any attempt by a Bidder to influence the Employer in the

evaluation of the bids or Contract award decisions may result in
the rejection of its bid.
21.3 Notwithstanding ITB 21.2, from the time of bid opening to the
time of Contract award, if any Bidder wishes to contact the Employer
on any matter related to the bidding process, it may do so in writing.
Clarification of Bids 22.1 To assist in the examination, evaluation, and comparison of the
bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its bid. Any
clarification submitted by a Bidder that is not in response to a
request by the Employer shall not be considered. The Employers
request for clarification and the response shall be in writing. No
change in the prices or substance of the bid shall be sought,
offered, or permitted, except to confirm the correction of
arithmetic errors discovered by the Employer in the evaluation of
the bids, in accordance with ITB 26.
22.2 If a Bidder does not provide clarifications of its bid by the date
and time set in the Contracting Agencys request for clarification,
its bid may be rejected.

Deviations, 23.1 During the evaluation of bids, the following definitions apply:
Reservations, and
Omissions (a) Deviation is a departure from the requirements specified in
the Bidding Document;
(b) Reservation is the setting of limiting conditions or

withholding from complete acceptance of the requirements
specified in the Bidding Document; and
(c) Omission is the failure to submit part or all of the

information or documentation required in the Bidding
Document.
Determination of 24.1 The Employers determination of a bids responsiveness is to be

Responsiveness based on the contents of the bid itself, as defined in ITB10.
24.2 A substantially responsive bid is one that meets the requirements
of the Bidding Document without material deviation, reservation,
or omission. A material deviation, reservation, or omission is one
that,
(a) if accepted, would
(i) affect in any substantial way the scope, quality, or
performance of the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the Bidding
Document, the Employers rights or the Bidders obligations
under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
24.3 The Employer shall examine the technical aspects of the bid
submitted in accordance with ITB 14,.
24.4 If a bid is not substantially responsive to the requirements of the
Bidding Document, it shall be rejected by the Employer and may
not subsequently be made responsive by correction of the material
deviation, reservation, or omission.
Nonmaterial
Nonconformities
25.1 Provided that a bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of
the bid. Failure of the Bidder to comply with the request may
result in the rejection of its bid.
Correction of 26.1 Provided that the bid is substantially responsive, the Employer
Arithmetical shall correct arithmetical errors on the following basis:
Errors
(a) if there is a discrepancy between the unit price and the total
price that is obtained by multiplying the unit price and
quantity, the unit price shall prevail and the total price shall
be corrected, unless in the opinion of the Employer there is an
obvious misplacement of the decimal point in the unit price,
in which case the total price as quoted shall govern and the
unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the
total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount expressed in
words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
26.2 If the Bidder that submitted the lowest evaluated bid does not accept
the correction of errors, its bid shall be disqualified .
Evaluation of Bids 27.1 The Employer shall use the criteria and methodologies listed in
this Clause. No other evaluation criteria or methodologies shall be
permitted.
27.2 To evaluate a bid, the Employer shall consider the following:
(a) the bid price, excluding Provisional Sums;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 26.1;
(c) price adjustment due to discounts offered in accordance with
ITB 13.4;
(d) the evaluation factors indicated in Section III, Evaluation and
Qualification Criteria;
27.3 The estimated effect of the price adjustment provisions of the

Conditions of Contract applied over the period of execution of the
Contract, shall not be taken into account in bid evaluation.

27.4.1 If the bid, which results in the lowest Evaluated Bid Price, is
unbalanced or front loaded in the opinion of the Employer, the
Employer may require the Bidder to produce detailed price
analysis for any or all items of the Schedule of Prices, to
demonstrate the internal consistency of those prices with the
construction methods and schedule proposed. After evaluation of
the price analysis, taking into consideration the schedule of
estimated Contract payments, the Employer may require that the
amount of the performance security be increased as per the RCD
letter no. 3376(E) dt. 17.08.10 at the expense of the Bidder to a
level sufficient to protect the Employer against financial loss in
the event of default of the successful Bidder under the Contract.
27.4.2 If the value of periodic maintenance in any one year exceeds
35% of the total periodic maintenance, the bid shall be considered
seriously unbalanced and bid shall be rejected.
27.5 The price of the Initial Rectification, Periodic Maintenance, Minor
Improvement and/or Ordinary Maintenance Works included in
each bid shall not be lower/higher than the threshold indicated in
the BDS. If the Bidder estimates that its costs for the Initial
Rectification, Periodic Maintenance Minor Improvement Works
are lower/ higher than the threshold indicated in the BDS, it shall
include the portion lower/above the threshold in its price for the
Ordinary Maintenance Services. If the bid which results in the
lowest Evaluated Bid Price is above the threshold indicated in
the BDS for the Initial Rectification, Periodic Maintenance,
Minor Improvement Works and/or Ordinary maintenance the
Employer shall reject the bid.
Comparison of Bids 28.1 The Employer shall compare all substantially responsive bids to
determine the lowest evaluated bid, in accordance with ITB 27.2.
28.2 After application of the criteria established in Sub-Clauses 27.1 to
27.5, the Evaluated Bid Price for comparison of bids will be:
(a) The lump-sum price offered by the Bidder for the Ordinary
Maintenance Services; plus
(b) The lump-sum price offered by the Bidder for the Initial
Rectification Works, if the bidding documents require prices for
this type of works; plus
(c) The lump-sum price offered by the Bidder for the Periodic
Maintenance Works, if the bidding documents require prices for
this type of works; plus

(d) The total price of the priced Schedule of Prices for the Minor
Improvement Works, if the bidding documents require prices
for this type of works, plus
(e) The total price of the priced Schedule of Prices for the
Emergency Works.
Qualification of the 29.1 The Employer shall determine to its satisfaction whether the
Bidder Bidder that is selected as having submitted the lowest evaluated
and substantially responsive bid meets the qualifying criteria
specified in Section III, Evaluation and Qualification Criteria.
29.2 The determination shall be based upon an examination of the
documentary evidence of the Bidders qualifications submitted by
the Bidder, pursuant to ITB 15.1.
29.3 An affirmative determination shall be a prerequisite for award of

the Contract to the Bidder. A negative determination shall result
in disqualification of the bid, in which event the Employer shall
proceed to the next lowest evaluated bid to make a similar
determination of that Bidders qualifications to perform
satisfactorily conforming to relevant provision.
Employers Right to 30.1 The Employer reserves the right to accept or reject any bid, and to
Accept Any Bid, annul the bidding process and reject all bids at any time prior to
and to Reject contract award, without thereby incurring any liability to Bidders.
Any or All Bids In case of annulment, all bids submitted and specifically, bid
securities, shall be promptly returned to the Bidders.
F. Award of Contract
Award Criteria 31.1 The Employer shall award the Contract to the Bidder whose offer
has been determined to be the lowest evaluated bid and is
substantially responsive to the Bidding Document, provided
further that the Bidder is determined to be qualified to perform the
Contract satisfactorily.
Notification of 32.1 Prior to the expiration of the period of bid validity, the Employer
Award shall notify the successful Bidder, in writing, that its bid has been
accepted. The notification letter (hereinafter and in the
Conditions of Contract and Contract Forms called the Letter of
Acceptance) shall specify the sum that the Employer will pay the
Contractor in consideration of the execution and completion of the
Works (hereinafter and in the Conditions of Contract and Contract
Forms called the Contract Price) and the requirement for the
Contractor to remedy any defects therein as prescribed by the
Contract.
32.2 Until a formal contract is prepared and executed, the notification

of award shall constitute a binding Contract.
Signing of Contract 33.1 Promptly after notification, the Employer shall prepare the
Contract Agreement.
33.2 Within twenty-one (21) days of receipt of the LOA, the successful
Bidder shall sign the contract agreement after submission of
performance security as per 34.1.
Performance 34.1 Within twenty-one (21)days of the receipt of notification of award
Security from the Employer, the successful Bidder shall furnish the
performance security in the form as stated in para 17.2 of ITB
alone and valid upto 28 days from the date of expiry of the
contract period.
34.2 Failure of the successful Bidder to submit the above-mentioned

Performance Security or sign the Contract shall constitute
sufficient grounds for the annulment of the award and forfeiture of
the bid security. In that event the Employer may award the
Contract to the next lowest evaluated Bidder whose offer is
substantially responsive and is determined by the Employer to be
qualified to perform the Contract satisfactorily conforming to
relevant provision.

Section-II
Bid Data Sheet
Section II: Bid Data Sheet Page: 21

Bid Data Sheet
ITB Clause
Bid Data
Reference
A. Introduction
ITB 1.1 The package number of the Invitation for Bids is : (No.)/OPRMC/(Name
of the Division)
ITB 1.1 The Employer is: Government of Bihar represented by Executive
Engineer ............ Road Division
ITB 1.1 The name of the work is: Long Term Output and Performance Based
Road Assets Maintenance Contract under Road
Division..................................
ITB 1.1 The Roads included in the Bid are:

1) ........ km to km
2) ........ km to km
3) ........ km to km
4) ........ km to km
Details of Road Sections are contained in Clause A7 of the Technical

Specifications
ITB 1.1 (b) Initial Rectification works are required.
The Contractor is to make an independent estimate of initial rectification
works necessary to bring the road to below intervention standards. For
guidance estimated quantities of initial rectification works are provided in
Section V -Part D of the Technical Specifications.
ITB 1.1 (c) Periodic Maintenance works are required.
The Contractor is to make an independent estimate of periodic
maintenance works necessary to bring the road to below intervention
standards (Roughness Index). For guidance list of sections for periodic
maintenance works has been provided in Section V -Part E of the
Technical Specifications.
ITB 1.1 (d) Minor Improvement works are required as detailed in Schedule 4 and
Section V-Part F of Technical Specifications.
ITB 1.1 (e) and as further detailed in section V part G specifications for emergency
works.
ITB 2.1 Funding: Government of Bihar (Budget of RCD)

ITB 4.1 Add the following at the end of the clause:

(c) Bids submitted by a joint venture (JV) of two or more firms as partners
shall comply with the following requirements
(i) the bid shall include all the information listed in bidders
qualification forms for all the partners;
(ii) the joint venture agreement should indicate precisely the role
of all members of JV in respect of planning, design,
construction equipment, key personal, work execution and
financing of the project. All the members of JV should have
active participation in execution . This should not be varied /
modified subsequently without prior approval of the Employer;
The nominated representative shall be from the lead partner of the

JVA
ITB 4.5 This bid is open to all eligible Bidders.
B. Bidding Documents
ITB 5.1 Add the following at the end of the list of Documents
Appendices
ITB 6.1 For clarification purposes only, the Employers address is:
Office of the Executive Engineer, Road. Divison, ........... Road
Construction Department, Bihar.
Street Address: .........
City: .........
Pin Code: .........
Telephone: .........
Fax number : .........
Electronic mail address: .........
ITB 6.2 Delete ITB Clause 6.2 and insert the following
6.2 The Bidder is required to visit and examine the Site of the Roads and
its surroundings and obtain all information including maintenance
requirements and environmental aspects that may be necessary for
preparing the bid and entering into an Output Performance Based
Maintenance Contract. A site visit is required particularly to survey the
existing road condition in order to estimate the Lump Sum costs for
Ordinary Maintenance, Initial Rectification Works and Periodic
Maintenance. The costs of visiting the Site shall be at the Bidders own
expense.

6.4 The Bidders designated representative is invited to attend a pre-bid
meeting. The purpose of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage.
A Pre-Bid meeting will take place at the following date, time and place:
Date: 16.09.2013
Time: 10.00AM to 1.00 PM.
Place: :Conference Hall/ NH IB Near Airport, Patna
ITB 9.1 The language of the bid is: English.
ITB 10.1 (h) Append the sub clause as follows:
An undertaking by all the partners in case of a JV to satisfy
requirements of ITB cl. 4.1 (a) as provided in the Form-ELI-1.3 in
Section-IV
ITB 12.1 Alternative bids shall not be permitted.
ITB 12.3 Alternative technical solutions for the Initial Rectification, Periodic
Maintenance Works and Minor Improvement Works not be permitted.
ITB 13.5 The contract is subject to Price adjustment from the commencement of the
Contract in accordance with Clause 48 of the General Conditions.
ITB 16.1 The bid validity period shall be 120 days.

ITB 17.1 A bid security shall be required, the amount of the bid security shall be:
Rupees ...................The Bid security shall be duly endorsed/pledged to the
Executive Engineer, road division ............
D. Uploading and Opening of Bids
ITB 19.1 For bid submission purposes only, the Employers address is:
.[Name of the Division with office].............................................[complete].
The bid has to be submitted by e tendering only. The last date and time
..................................................................on www. eproc.bihar.gov.in
1. Period for download of Tender Document : From .......... to ........ upto 15.00 hrs
(from website:www.eproc.bihar.gov.in)
2. Date, Time & Place of Pre-Bid meeting : Date ....... at 10 hrs at the Office of
the Chief Engineer,. Wing .
(address),RCD, Bihar, Patna
3. Last Date & Time for uploading tender

documents by bidder : Date ...... till ..... time 15:00 PM on
www.eproc.bihar.gov.in
4. Date, time & place of opening of Technical

Bid : Date ............. Time 15.30 hrs

(Next working day after receipt of
tender)
On Website :www.eproc.bihar.gov.in
5. Last date, time and place for submission of

original instrumehnt of EMD , cost of BOQ (including
processing fees). : Till 15.00 hrs on .............. or next
working
day of last date of uploading of
tender
document by the bidders.
Place
(i) Executive Engineer,
...........................
or
(ii) Superintending Engineer
.................
or
(iii) Chief Engineer,

ITB 26.2 26.2 If the Bidder that submitted the lowest evaluated bid does not accept the
correction of errors, its bid shall be disqualified and the Bid security shall be
forfeited in accordance with ITB 17.6(b).
ITB 27.5 The combined price for the Initial Rectification, Periodic
Maintenance, Minor Improvement and /or Ordinary Maintenance
Works shall have the following threshold:
(a) Upper limit-
(i) 5 percent above of the estimated cost of [IR+PM+MI]
including all taxes and cess i.e Rs. ........................
Crores (Rupees.......... .................................................
only)
(ii) 10 percent above of the estimated cost of
[OM+IR+PM+MI] including all taxes and cess i.e Rs.
........................ Crores (Rupees ..........
................................................. only)
(b) Lower limit- 15% below the Estimated cost of
[OM+IR+PM+MI] including all taxes and cess i.e. the amount
of Rupees......................... Crores (Rupees..........
................................................. only)
ITB 28.2 (e) Delete ITB Clause 28.2(e) and insert the following
28.2 (e) The total provisional sum stipulated in schedule 5 for the
Emergency works is Rs..
33.2 The successful bidder shall sign and date the Contract Agreement

within twenty-one (21) days of receipt of the notification of award in the

presence of the Employers Authorized Representative ( Subjected to
condition stipulated in 2.6 Note1,Section III)
ITB 42.1 Insert new Clause
42.1Dispute Review Expert
The Employer proposes that.......................................................................
be appointed as Dispute Review Expert under the contract at a daily fee
of Rs.5000/- plus reimbursable expenses. The daily fees is applicable
during site visits and conducting hearings as per Appendix-D Rules and
procedures for the functioning of Dispute Review Expert. If the Bidder
disagrees with this proposal, the Bidder should so state in the Bid. If in the
Letter of Acceptance, the Employer has not agreed on the appointment of
the Dispute Review Expert, the Dispute Review Expert shall be appointed
by the Chairman, Institution of Engineers, Bihar at the request of either
party. A draft format of letter of appointment to the agreed Dispute Review
of Expert along with draft report format is attached in Appendix-D.

Section-III
Evaluation and Qualification Criteria
Section III Evaluation and Qualification Criteria Page: 27

Section III. Evaluation and Qualification Criteria
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders. In accordance with ITB 27 and ITB 29, no other factors, methods or criteria shall be
used. The Bidder shall provide all the information requested in the forms included in Section
IV, Bidding Forms.
1. Evaluation
1.1 Assessment of adequacy of Technical Proposal with Requirements

1.2 Technical alternatives, if permitted under ITB 12.3, will be evaluated as
follows: Not Applicable
1.3 Assessment of price as listed in ITB 27.2 (a) (d) the following criteria shall
apply:
Note
1 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
- made misleading or false representations in the forms, statements and
attachments uploaded in proof of the qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly
completing the Contract, inordinate delays in completion, litigation history, or
financial failures etc.;
2 Sub-contractors experience and resources shall not be taken into account in

determining the Bidders compliance with the qualifying criteria.
3 Bidders who meet the minimum qualification criteria in factors/sub factors 2.1 to 2.6
( Qualification ) will be qualified only if their available bid capacity is more than the
total bid value of the works.
The available bid capacity will be calculated as under:

Assessed Available Bid Capacity = A x N x 1.5 - B
Where
A = Maximum value of works executed in any one (1) year during the last five (5)
years viz 2008-09 to 2012-13 by the bidder or sum of the maximum value of works
executed in any one (1) year during the said five (5) years by each of the JV partners
which will take into account the completed as well as works in progress updated to
2013-14 price level*.
N = Number of years prescribed for completion of the works for which bids are
invited.
Section III: Evaluation and Qualification Criteria Page: 28

B = Value at 2013-14 price level of existing commitments and on-going works to be
completed by the bidder during the next 60 months or sum of the value at -2013-14
price level of the existing commitments and on going works to be completed by each
of the JV partner during the next 60 months. However, where bidders are bidding for
more than one contract package the value of its other substantively responsive bids
will be included in the value of B. The Bidder is to complete form Current Contract
Commitments as part of their Bid for the determination of this value.
4 Value of works of the previous financial years shall be given a weightage of 8 % per
year to bring costs to 2013-14 price level.

2. Qualification
Factor 2.1 ELIGIBILITY
Criteria
Bidder
Sub-Factor Documentation
Requirement Single Entity Joint Venture, Consortium or Association Required
All partners Each At least one
combined partner partner
2.1.1 Conflict of No- conflicts of interests as Must meet Must meet Must meet N/A Letter of Bid
Interest described in ITB 4.3. requirement requirement requirement
2.1.2 Eligible Bidders Any Contractor registered with Must meet Must meet Must meet N/A Form ELI 1.1
central government/any state requirement requirement requirement and 1.2, with
government or any agency of attachments
international or national repute
are eligible but registration with
Road construction Department
will be essential after issue of
LOA .

Bidder Executive Engineer, Road Division ...
Factor 2.2 HISTORICAL CONTRACT NON-PERFORMANCE
Criteria
Bidder Documentation
Sub-Factor
Requirement Joint Venture, Consortium or Association Required
Single Entity All partners Each partner At least one
combined partner
2.2.1 History of non- Non-performance of a contract
performing did not occur within the last five
contracts (5) years i.e. 2008-09 to 2012-
13 prior to the deadline for
application submission, based on
all information on fully settled Form CON - 2
disputes or litigation. A fully Must meet Must meet Must meet
N/A
settled dispute or litigation is requirement requirement requirement
one that has been resolved in
accordance with the Dispute
Resolution Mechanism under the
respective contract, and where
all appeal instances available to
the bidder have been exhausted.
2.2.2 Pending Information on litigation history
Litigation (in which the bidder is involved Must meet Must meet Must meet
N/A
must be attached.) requirement requirement requirement
Form CON 2

Factor 2.3 FINANCIAL SITUATION
Criteria Documentation
Required
Sub-Factor Bidder
Requirement Joint Venture, Consortium or Association
Single Entity All partners At least one
Each partner
combined partner
2.3.1 Historical Submission of audited balance
Financial sheets acceptable to the
Performance Employer, for the last five [5]
years i.e 2008-09 to 2012-13 to
demonstrate the current
soundness of the bidders
Must meet Must meet Must meet Form FIN 3.1
financial position and its N/A
requirement requirement requirement with attachments
prospective long term
profitability.
Should have made a net profit
in any 3 years in the last five
years i.e 2008-09 to 2012-13

Required
Sub-Factor Bidder
Each partner
combined partner
2.3.2 Average Annual Minimum average annual
Turnover turnover must not be less than
40% of the value of work
under initial rectification,
ordinary maintenance, periodic
maintenance and minor
improvement in 1st year of the must meet 20% Must meet
Must meet Must meet
contract i.e Rs ---------------. of requirement 50% of Form FIN 3.2
requirement requirement
(calculated as total certified requirement
payments received for
contracts in progress or
completed, within the last five
years (5) years i.e 2008-09
to2012-13)

Required
Sub-Factor Bidder
Each partner
combined partner
2.3.3 Financial The Bidder must demonstrate
Resources access to, or availability of,
financial resources such as
liquid assets, unencumbered
real assets, lines of credit, and
other financial means, other
than any contractual advance Must meet
Must meet Must meet
payments to meet: N/A- 50% of Form FIN 1
requirement requirement
Credit lines/letter of credit requirement
/solvency certificates from
Banks etc. shall be not less
than 10% of the total estimated
value i.e. Rs. .
Note: Financial turnover and cost of completed works of previous financial years shall be given a weighting of 8% per year based on rupee
value to bring costs to 2013-2014 price level.

Factor 2.4 EXPERIENCE
Criteria
Bidder
combined partner
2.4.1 General Experience under Road maintenance
Experience or Improvement Contract as
contractor/ subcontractor, BOT, Must meet
BOOT Developers/ Operators or requirement Must meet Must meet
N/A Form EXP-4.1
management contractors for at least requirement requirement
the last five [5] years(i.e 2008-09 to
2012-13) prior to the applications
submission deadline.
2.4.2 Specific
Experience a) Participation as contractor,
management contractor ,or
subcontractor or BOT ,BOOT
Developer / Operator ,with in the last
five(5) years (i.e 2008-09 to 2012-
13), in road construction or Must meet
Must meet Form EXP
maintenance works contracts, of Must meet Must meet minimum of
50% of 4.2(a)
which up to four contracts have a requirement requirement 20% of
requirement
combined value not less than 50% of requirement
ECV i.e. Rs. ..........................
and have been successfully and
substantially completed. The
completed works should be similar
to proposed works and services in
the proposed contract.

Criteria
Bidder
combined partner
For the purpose of the above

requirement:
(i) OPRMC Contracts shall be

considered as substantially
completed if the Contractor has
completed all Minor Improvement
works and Initial Rectification
Works fully and also completed
minimum of 50% of Periodic
Maintenance items;
(ii) all other types of contracts shall

be considered as substantially
completed if the contractor has
completed 90% of the Value of
Works.

Criteria
Bidder
combined partner
2.4.2 Specific b) For the above or other contracts
Experience executed in any one year, the bidder
should have executed the following
minimum quantities of work:
Concrete works (MoRTH
Specification Section 1703 all
grades) .
Must meet Must meet
Non Bituminous Sub-bases and Must meet Must meet Form
20% of 50% of
Bases ( GSB, WBM, WMM) requirements requirements EXP- 4.2(b)
requirements requirements
(MoRTH Specification Sections
400) .

Bituminous Treatment (BM,
DBM, BC, SDBC) (MoRTH
Specification Sections 500)
.
Note: Financial turnover and cost of completed works of previous financial years shall be given a weighting of 8% per year based on rupee
value to bring costs to 2013-2014 price level.

2.5 Personnel
The Bidder must demonstrate that it has the personnel for the key positions that
meet the following requirements:
Educational Total Work

Qualification Experience in
Position No.
construction and
maintenance (years)
Road Manager 1 Graduate in Civil
Engg. / Diploma Graduate 10
in Civil Engg. Diploma - 15
Maintenance 1 Diploma in Civil 10
Engineer Engg
Works Supervisor 1 Preferably
Diploma in Civil Diploma 3
Engg/ any general General Degree - 5
degree holder
The Bidder shall provide details of the proposed personnel and their experience
records using Forms PER-1 and PER-2 included in Section IV, Bidding Forms
supported by the experience certificates duly countersigned by the respective
clients.

2.6 Equipment
The Bidder must demonstrate that it has or has access to (own, lease, hire etc
and to be procured) the key equipment (machinery) listed hereafter:
Minimum Maximum
Equipment Type and
No. Number age of the
Characteristics
required Equipment
1 10 ton Tipper truck 2 10
3
2 Loader / back hoe (0.5 m bucket) 1 15
3
3 Excavator (0.75 m bucket) 1 12
4 hot mix plant (40-60 t/hr capacity) 1 20
5 Sensor paver (3.5m) 1 15
6. Bitumen distributor (2000 litre) 1 15
7. 8-10 ton vibratory roller 1 20
8. Plate Vibrator ( Compaction for 2 5
patch work)
9. Emulsion sprayer 1 15
10. Tractor or Rubber Tyred Dozer 1 20
with adjustable Back Blade/grader
11. Smooth wheeled roller 8 to 10 Ton 2 20
12. Power broom or Tractor Mounted 1 20
Compressor
13. Wet Mix Plant 1 15
14. Generator 250 KVA 1 15
15 Concrete mixer 0.4 /0.28 Cum 2 15
The minimum level of suggested major equipment required to carry out the works in
accordance with the prescribed Works Schedule are shown in the above list. However,
notwithstanding the above, the contractor shall be required to provide all necessary items and
numbers of equipment, plant and materials in order to carry out the prescribed works within
the required timeframes.
Note:
1. If the bidder proposes to lease or hire the machineries, then he will have to
commission it within 60 days of issue of LOA and agreement shall be executed
there after only. If the contractor fails to do so his bid security shall be
forfeited and award shall be cancelled. In that case second lowest bidder may
be awarded the work under conditions explained in the bid document.
2. In case the bidder proposes to buy new sensor paver and WMM plant, the
machinery advance to the limit of 85% of cost of new plant shall be granted
but the maximum advance shall not be more than 5% of contract amount.

3. The bidder shall furnish an undertaking on Rs 100/- stamp paper that in case
of awarding of work to him, he will fabricate & convert a new 6 tonne truck into a
Patrol Maintenance Unit (PMU) duly satisfying the terms specified in clause C2
under section V of technical specifications within 15 days from the date of signing
agreement , machinery advance shall be granted for PMU if desired .
4. The bidder shall furnish an under taking on Rs 100/- stamp paper that in case of
awarding of work to him, he will procure new fifth wheel Bump Integrator within 15
days from the date of signing agreement .

Section IV. Bidding Forms
LETTER OF BID
BID SECURITY
WORK SCHEDULES
TECHNICAL PROPOSAL
EVALUATION AND QUALIFICATION FORMS
Section IV Bidding Forms Page: 41

Letter of Bid
Date:
Invitation for Bid No.:
To:
The Executive Engineer ,
...................................................................
...................................................................
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Document, including Addenda
issued in accordance with Instructions to Bidders (ITB) 7;
(b) We offer to execute in conformity with the Bidding Document the following Works:
;
Our bid price, excluding any discounts offered in item (f) below, is composed of the
following components:
Description Amount (in

rupees)
(a) Ordinary Maintenance Services in an amount of
.............................
[amount in words]
(b) Initial Rectification Works in an amount of ..............................
[amount in words]
...............................
(c) Periodic Maintenance Works in an amount of
[amount in words] [
.............................
(d) Minor Improvement Works in an amount of [amount in
words]].
(e) Emergency Works in an amount of [amount in words] ...........................
(f) TOTAL = a+b+c+d+e .............................
(c) We hereby confirm that our quoted bid price is inclusive of all duties, taxes, and other
levies payable by us under the contract in accordance with ITB Clause 13.6 read with ITB
Bid Data Sheet Clause 13.6
(d) We hereby confirm that our combined price for Initial Rectification Works, Periodic
Maintenance Works, Minor Improvement and Initial Rectification Works, Periodic
Maintenance Works, Minor Improvement ,Ordinary Maintenance Works does not
Section IV: Bidding Forms Page: 42
lowered/exceed the threshold given in the BDS (27.5), which is [insert amount or
percentage of the total contract price].
(e) We hereby confirm that the value of any one single year of the Periodic Maintenance does
not exceed 35% of the total Periodic Maintenance value.
(f) The discounts offered and the methodology for their application is:
(g) Our bid shall be valid for a period of _________________ days from the date fixed for the
bid submission deadline in accordance with the Bidding Document, and it shall remain
binding upon us and may be accepted at any time before the expiration of that period;
(h) If our bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Document;
(i) We, including any subcontractors or suppliers for any part of the contract, do not have any
conflict of interest in accordance with ITB-4.3;
(j) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this
bidding process in accordance with ITB-4.3, other than alternative offers submitted in
accordance with ITB-12;
(k) We accept the appointment of Sri .........................as Dispute Review Expert. (OR)
We do not accept the appointment of Sri as Dispute Review Expert and propose instead that ----
------------------------------------- be appointed as Dispute Review Expert whose daily fees
and biographical data are attached
(l) We accept daily fees of Rs 5,000 /- plus reimbursable expenses for Dispute Review Expert
and daily fee is applicable during site visits and conducting hearings.
(OR)
We do not accept daily fees of Rs.5,000/- plus reimbursable expenses for Dispute Review
Expert and our proposal for daily fee is attached.
(m) We, including any of our subcontractors or suppliers for any part of the contract,
have not been declared blacklisted / debarred from any department.
(n) We understand that this bid, together with your written acceptance thereof included in your
notification of award, shall constitute a binding contract between us, until a formal contract
is prepared and executed; and
(o) We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
(p) We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf will engage in bribery.

(q) We are participating as a Joint Venture and the responsibilities and obligations of each of
the partners have been submitted in the bid. Further an undertaking signed by all the
partners of the Joint Venture as per prescribed format (Form ELI-1.3) is also attached.
Name In the capacity of _
Signed
Duly authorized to sign the bid for and on behalf of
Dated on _____________________________ day of _______________________, _____

BID SECURITY (BANK GUARANTEE)
WHEREAS, _________________________[name of Bidder] (hereinafter called "the Bidder") has

submitted his Bid dated ____________________[date] for the construction of
_______________________________[name of Contract hereinafter called "the Bid"].
KNOW ALL PEOPLE by these presents that We _________________________________________

[name of Bank] of _____________________________ [name of country] having our registered office at
___________________________________________________(hereinafter called "the Bank") are
bound unto ___________________________[name of Employer](hereinafter called "the Employer") in
the sum of _____________________________*for which payment well and truly to be made to the said
Employer the Bank itself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this ____________ day of __________,20____.
THE CONDITIONS of this obligation are :
(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified in the
Form of Bid;
OR
(2) If the Bidder having been notified to the acceptance of his bid by the Employer during the period
of Bid validity :
(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to
Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the Instruction to
Bidders; or
(c) does not accept the correction of the Bid Price pursuant to Evaluation and Comparison
Clause 21 to 30 of instuction to bidder ( ITB). .
We undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his demand the

Employer will note that the amount claimed by him is due to his owing to the occurrence of one or any of
the three conditions,(specifying the occurred condition or conditions).
This Guarantee will remain in force up to and including the date ___________________** days
after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it
may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this guarantee should reach the Bank not later than the above date.
DATE____________________________ SIGNATURE _______________________
WITNESS _________________________ SEAL _____________________________
_____________________________________________________________________________
[Signature, name and address]
* The Bidder should insert the amount of the guarantee in words and figures denominated in
Indian Rupees. This figure should be the same as shown in BDS ITB 17.1.
** 45 days after the end of the validity period of the Bid. Date should be inserted by the Employer
before the Bidding documents are issued.

WORKS SCHEDULE
Preamble
The following Schedules are included in this Contract:
Bid Summary Schedule

This totals the bids in Schedules 1, 2, 3 and 4 below and a provisional sum for Emergency/Day
works in Schedule 5.
Schedule 1 Ordinary Maintenance (Lump Sum)
Ordinary Maintenance will be payable as a proportionate monthly Lump Sum over the 5 years
period of the Contract.
Schedule 2 Initial Rectification Works (Lump Sum)

Schedule includes Initial Rectification Works to be completed within the first 6/9 working
months from the date of notice to the proceed with the work to bring the road to below
intervention standard. Initial Rectification Works is a firm lump sum that will be measured and
paid on the actual work outputs.
Schedule 3 Periodic Maintenance Works (Lump Sum)
Schedule includes Periodic Maintenance Works for Years 1 to 4 is a firm lump sum that will be
measured and paid on the actual work outputs.
Schedule 4 Minor Improvement Works (Unit Item Rates)
Comprise items for measurement and payment of various works to be completed within years 1
and 2 as approved by the Engineer-in-charge. Only the actual quantities of work completed as
certified by the Engineer-in-charge will be paid.
Schedule 5 Emergency/Day Works (Provisional sum)
Comprises provisional sum for emergency /day works that may be instructed by the Engineer-
in-Charge. Only the actual quantities of work completed and approved by the Engineer-in-
charge will be paid.
Works and Payments
1. Works Schedules shall be read in conjunction with the General Conditions, Particular
Conditions Sheet, Technical Specifications, Contract Quality Plan and Drawings.
2. Ordinary Maintenance shall be tendered as a Lump Sum Payment shall be monthly and
made on the basis of the tendered price divided by 60 months. The Initial Rectification
work shall be tendered as lump-sum amount, while indicating the quantities of measurable
outputs to be executed in order that the road achieves the performance standards specified
in the bidding documents. Payments will be made in accordance with the progress in
the execution of those measured outputs
3. The Periodic Maintenance items shall be tendered as lump sum amount, while indicating
the quantities of measurable outputs to be executed in order that the road achieves the
performance standards specified in the bidding documents. Payments will be made in
accordance with the progress in the execution of those measured outputs;
4. The quantities given in the Works Schedule for Minor Improvement Works are estimated
and provisional, and are given to provide a common basis for bidding. The basis of
payment will be the actual quantities of work ordered and carried out, as measured by the
Contactor and verified by the Engineer-in-charge and valued at the rates and prices
tendered in the priced Works Schedule.
5. The rates and prices tendered in the Works Schedule shall allow for and include all plant,
labour, supervision, testing, materials, mobilisation, demobilisation, maintenance,
insurance, profit, taxes, levies and duties, together with all general risks, liabilities and
obligations etc. set out or implied in the Contract.
6. General directions and descriptions of work and materials are not necessarily repeated nor
summarised in the Works Schedule. References to the relevant sections of the contract
documentation shall be made before entering prices against each item in the priced Works
Schedule.
7. All works completed under the Contract shall be measured according to the metric system
for all items, unless otherwise provided herein or in the Special provisions.
8. All measurements for area or volume will be made horizontally along and perpendicular to
the centre line of the road, and no deductions will be made for individual fixtures in the
pavement having an area of one square meter or less.
9. Emergency / Day work Rates Provisional sum is made under Work Schedule 5 to meet
the Emergency/Day Works. The Rates quoted for the items under Schedule 4 shall be
applicable for similar items executed under Emergency/Day works. Items not covered
under schedule 4 shall taken from current SOR( The SOR applicable just before the
execution of work ). The lead of materials shall be approved by SE and it will be
mandatory upon the contractor. Even if any item is left out the new rate of these shall be
arrived as per clause 61 and 63 of General Conditions of Contract. Rates are subject to
price adjustment in accordance with Clause 48 of the General conditions.
11. Note the following

a) Items for which no rate or price has been entered in will not be paid for by the
Employer when executed and shall be deemed covered by the other rates and prices
in the Works Schedule (refer: ITB Clause 13.2).
b) Unit rates and prices shall be quoted by the bidder in Indian Rupees
c) Where there is a discrepancy between the rate in figures and words, the rates in
words will govern. [ITB Clause 26.1]
d) Where there is a discrepancy between the unit rate and the amount, the unit rate
quoted shall govern [ITB Clause 26.1].
e) Price escalation is allowed for all the schedules (except items for emergency work
covered under current SOR ) as per clause 48 of the general conditions.

Works Schedule 1, 2, 3, 4 and 5

Name of work: Long term Output and Performance based Road Assets Maintenance of Roads under road division..............
Bid Summary Schedule
Sched.
Description Amount (Rs)
No.
1 Schedule 1 Ordinary Maintenance (Lump Sum) Total for 60 months ......................
Schedule 2 Initial Rectification Works(Lump Sum) Initial works to bring the road to ......................
2
below the Intervention level (to be executed within first 6/9 Months)
3 Schedule 3 Periodic Maintenance(Lump Sum) Years, 1,2, 3, and 4 ......................
Schedule 4 Minor Improvement Works Unit Item Rates ......................

4
................................................................ Years 1 and/or 2
5 Schedule 5 Emergency Works / Day works (Provisional Sum) ......................
Total Bid Price (in figures) ......................
Total Bid Price (in words) ......................

SCHEDULE 1 ORDINARY MAINTENANCE (LUMP SUM)

Item Description of item Qty Rate Per Amount Amount
No. Month In figure (Rs) In words (Rs)
1 Ordinary Maintenance (Lumpsum): under following roads
(with chainage) :- 60
1) ................. months
2) .................
3) .................
4) ................. ...................
The above price is the full remuneration to the Contractor to carry ...... ...................
out the services and works required in order to reach and maintain
the service levels described in the Specifications and elsewhere in
the contract. It further includes the activities of the Contractor
related to self-control, quality assurance and material testing, hire
and operational charges of Petrol Maintenance Unit (PMU) and 5th
wheel Bump-integrator.
Total Schedule 1 Price ................... ...................
Transfer total to Bid summary Schedule ................... ...................

Note:
1. Schedule 1 shall include for costs associated with Contract obligations which are not specifically provided for elsewhere, including, but without being
limited to; the provision of insurances, Security, implementing Quality Plan requirements,HIV-AIDS Prevention measures, the maintenance and
operational costs of PMUall environmental, safety and traffic management requirements, conducting various Inspections , surveys etc.
2. No extra costs shall be paid for change in lane widths due to improvements taken up under this contract/other contracts, as long as such
Cumulative changes do not increase the initial bituminous surface area under the contract by more than 10%.
3. The cost difference as per BDS clause 27.5 assessed by the bidder if any is deemed to be included in the quoted Ordinary Maintenance
Lump-sum cost
Section IV Bidding Forms Page: 51

Schedule 2. INITIAL RECTIFICATION WORKS(Lump Sum)
Work and materials shall be in accordance with the MORTH Specification as indicated in Part B (Section V)
Item
Description of Item Quantity Unit Rate (Rs) Amount (Rs)
No.
(actual
Length of
In
the In words
figures
package)
2.1 Repairs to bituminous carriage way wherever required to bring Km ............... ................... ...................
the specified service level for the damages pot holes , rut, ....
cracks & depressions , delaminating , stripping , edge breaking
, dig out etc, by taking up:
(a) Tack coat ( Clause 503) -Providing and applying tack

coat with bitumen emulsion using emulsion pressure
distributor at the rate of 0.20 kg per sqm on the prepared
bituminous/granular surface cleaned with mechanical broom.
(b)BM (Clause 504) - Providing and laying bituminous

macadam with 100-120 TPH hot mix plant producing an
average output of 75 tonnes per hour using crushed
aggregates of specified grading GRADE-II (as per table 500-4
of MORT&H specification 504 (4rth Revision) premixed with
bituminous binder 60/70 grade @ 3.3% by weight of total
mixture.) transported to site, laid over a previously prepared
surface with paver finisher to the required grade, level and
alignment and rolled as per clauses 501.6 and 501.7 to
achieve the desired compaction.
(C) SDBC (Clause 508-) --Providing and laying semi

dense bituminous concrete with 100-120 TPH batch type
HMP producing an average output of 75 tonnes per hour

using crushed aggregates of specified grading, premixed

with bituminous binder @ 4.5 to 5 per cent of mix and
filler, transporting the hot mix to work site, laying with a
hydrostatic paver finisher with sensor control to the
required grade, level and alignment, rolling with smooth
wheeled, vibratory and tandem rollers to achieve the
desired compaction as per MoRTH specification clause
No. 508 complete in all respects.
d) Digouts upto GSB level and providing with WMM,

BM and 25mm SDBC as per the adjacent road crust
thickness and MoRT&H specification GSB at clauses
406, 504, 508 (4th revision)
(e) Light surface sealing A light seal of bitumen

emulsion and 7mm aggregate shall be applied of badly
cracked pavement, provided the pavement is sound.
(f) Slurry sealing-(clause516 of MORT&H)

Providing and laying slurry seal consisting of a mixture
of fine aggregates, portland cement filler, bituminous
emulsion and water on a road surface including cleaning
of surface, mixing of slurry seal in a suitable mobile
plant, laying and compacting to provide even riding
surface.
g) Edge repairs as per MoRT&H specification
503,501,504 and 407.
h) Any additional activity necessary to achieve
the service level objective.

2.2 Repairs to shoulders /Construction of Earthen shoulders Km .............. ................... ...................

on both sides of the carriageway wherever required to .....
bring the service level (with 3% camber )
a) Repairs to low shoulders by construction of earth
gravel shoulder as per MoRT&H Specification
305.
b) Repairs to high shoulders by Removal of Land Slip
Material/Debris/Unsuitable Soil and disposal at approved
spoil sites
c) Earth work excavation in all soils by stripping of
excessive soil
2.3 Removal of jungle on both sides of the road to bring the Km ............... ................... ...................
service level by uprooting and burn to ashes - ( Clause ....
201)- Clearing and grubbing road land including
uprooting rank vegetation, grass, bushes, shrubs, saplings
and trees girth up to 300 mm, removal of stumps of trees
cut earlier and disposal of unserviceable materials and
stacking of serviceable material to be used or auctioned,
up to a lead of 1000 metres including removal and
disposal of top organic soil not exceeding 150 mm in
thickness.
2.4 Repairs to cross drainage works including culverts, minor

bridges to specified service levels by taking up
(a) Brick masonry with Cement Mortar (1:6)
(Clause1300 -Rate of Brick work in CM. 1:6 In Foundation -
---Brick Masonry Work in Cement Mortar 1:3 in Foundation
complete excluding Pointing and Plastering, as per Drawing
and Technical Specifications).
( b) RR masonry with Cement Mortar (1:6)

(Clause1400 -Stone Masonry work in cement Mortar 1:3 in

Foundation-- (B) Random Rubble Masonary---Stone
Masonry Work in Cement Mortar 1:3 in Foundation complete
as per Drawing and Technical Specifications.)
(c) Plastering with Cement Mortar (1:4)
( d) Pointing with Cement Mortar (1:4)
(e) white washing two coats ..... ..... .....
(f) pitching .. .. ..
(g) Plain Cement Concrete (1:3:6)
(Clause 2100, PCC-1:3:6 in Foundation -Plain
cement concrete 1:3:6 nominal mix in foundation with
crushed stone aggregate 40 mm nominal size
mechanically mixed, placed in foundation and compacted
by vibration including curing for 14 days.)
(h) Plain Cement Concrete M15 grade-

(clause-1500 -PCC M15 Grade --Plain/Reinforced Cement
Concrete in Open Foundation complete as per Drawing and
Technical Specifications.)
(i) painting with synthetic enamel paint

( j) Revetment etc. Nos
i. Minor Bridges Nos
ii. RCC Slab / Cut-stone Slab / Arch Culverts Nos
iii. Pipe culverts
2.5 Providing Road safety and informatory items complete as Km .............. ................... ...................
per specifications ( Clause 800) such as
a) Providing and Fixing Retro Reflectorised signs -

Informatory sign boards (120x45cm), Triangle

(60x60x60mm), Village name boards Rectangular
(90x45mm), Junction boards, etc
b) KM stones with CC M15 grade
d) Guard stones/ Guide post with CC M15 grade
e) Any other items to to achieve the service level
objective.
2.6 Providing Road marking by using ........ Km .............. ................... ...................
a) Hot Applied Thermoplastic compound 2.5mm thick
including reflectorising glass beads with ( Clause
803-Road Marking with Hot Applied
Thermoplastic Compound with Reflectorising
Glass Beads on Bituminous Surface-Providing
and laying of hot applied thermoplastic
compound 2.5 mm thick including reflectorising
glass beads @ 250 gms per sqm area, thickness of
2.5 mm is exclusive of surface applied glass beads
as per IRC:35 .The finished surface to be level,
uniform and free from streaks and holes).
i) centre line marking 3.00 m. length and 10 cm width
with a gap of 4.5 m as per IRC:35
ii) edge painting and curve painting (continuous ) as per
IRC:35
b) Providing and fixing of reflective pavement markers (
Road studs ) ( Road Markers/Road Stud with micro
prismatic Lense Reflector- Providing and fixing of
road stud 100x 100 mm, die-cast moulded from ASA
(Acrylic strene acrylonitrite) High impact poly styrene or
ABS body resistent to minimum support a load of 13635
Kg and Fitted with micro prismatic lence Reflecter installed
in concrete or asphaltic surface by drilling hole 30 mm
upto a depth of 60 mm and bedded in a suitable
bituminous grout or epoxy mortar, all as per MORTH
Letter NO. RW/NH/33023/10/97-DO-III dt. 11-06 97)

Any additional activities the bidder considers necessary .............. ................... ...................
2.7 km
to achieve the service level objective.
TOTAL SCHEDULE 2 PRICE(IN FIGURES) .
Transfer total to Bid Summary Schedule

Note:
1. As a guide a list of quantities of Initial Rectification Work activities have been provided in Clause D2 of the Technical Specification
to assist the contractor with the completion of this schedule. The information supplied is indicative quantities as determined by the
Employer and should not be interpreted as the contractual requirement for these activities. The contractor will need to assess the current
road conditions and determine what works are needed to meet the timetables for service level compliance.
2. The bidder has to quote his lump sum amount duly assessing the current condition and deterioration module of the road.

SCHEDULE 3- PERIODIC MAINTENANCE WORK ITEMS(Lump Sum)-Years 1 to 4

Work and materials shall be in accordance with the MORTH Specification clause in B4
Item Annual
Description of Item Unit Rate(Rs) Amount(Rs)
No. Quantity
In
In words
figures
3.1 Providing Periodical maintenance to Single and
Intermediate lanes including profile correction with
the following items of work to obtain the required service
level.
(a) Tack coat( Clause-503) -Providing and applying tack
bituminous/granular surface cleaned with mechanical
broom.
(b) SDBC (Clause 508-) --Providing and laying semi dense
bituminous concrete with 100-120 TPH batch type HMP
producing an average output of 75 tonnes per hour using
crushed aggregates of specified grading, premixed with
bituminous binder @ 4.5 to 5 per cent of mix and filler,
transporting the hot mix to work site, laying with a hydrostatic
paver finisher with sensor control to the required grade, level
and alignment, rolling with smooth wheeled, vibratory and
tandem rollers to achieve the desired compaction as per
MoRTH specification clause No. 508 complete in all respects
c) Providing shoulders MoRT&H Specification 305.

(width ........) using gravel to the required the service

level.
3.1.1 Single lane year wise ( Carriage way width < 3.75m)
Rate shall be quoted assuming per kilometre carpet
area as 3750 m2. Payment shall be proportionately
increased or decreased as per the actual area of the
kilometre.)
For 1st Year Kms .............. ................... ...................
For 2nd Year Kms .............. ................... ...................
For 3rd Year Kms .............. ................... ...................
For 4th Year Kms .............. ................... ...................

3.1.2 Intermediate lane year wise

(Carriage way width > 3.75m and < 7.0 m)
kilometre.))
For 1st Year Kms .............. ................... ...................
For 2nd Year Kms .............. ................... ...................
For 3rd Year Kms .............. ................... ...................
For 4th Year Kms .............. ................... ...................
3.2 Providing Periodical maintenance to Double and Multi

lanes including profile correction (Carriage width >
7.0m) with the following items of work to obtain the
required service level.
(a) Tack coat(Clause-503) -Providing and applying tack
bituminous/granular surface cleaned with mechanical
broom.
(b) SDBC (Clause 508-) --Providing and laying semi
dense bituminous concrete with 100-120 TPH batch type

HMP producing an average output of 75 tonnes per hour

using crushed aggregates of specified grading, premixed
with bituminous binder @ 4.5 to 5 per cent of mix and
filler, transporting the hot mix to work site, laying with a
hydrostatic paver finisher with sensor control to the
required grade, level and alignment, rolling with smooth
wheeled, vibratory and tandem rollers to achieve the
desired compaction as per MORTH specification clause
No. 508 complete in all respects. Providing shoulder
width ............. using with 3% camber to the required the
service level for low shoulders as per MORT&H
Specification305.
d) Providing centre line marking(Hot Applied

Thermoplastic compound 2.5 mm thick including
reflect rising glass beads with )3m length and 10 cm
width with a gap of 4.5m and edge painting as per
IRC:35.,
d) Providing Continuous edge line marking ( Hot

Applied Thermoplastic compound 2.5mm thick
including reflect rising glass beads with ) for multi
lanes and curve portions of double lane with 10 cm
width as per IRC:35.,
e) Providing and fixing of reflective pavement

markers (Road studs) Road Markers/Road Stud with
micro prismatic Lense Reflector- Providing and fixing of
road stud 100x 100 mm, die-cast moulded from ASA
(Acrylic strene acrylonitrite)High impact poly styrene or ABS
f.) Providing repairs to median wherever necessary.
g) Maintenance of greeneris already existing on median

3.2.1 Double lane year wise

kilometre.)
For 1st Year Kms .............. ................... ...................
For 2nd year Kms .............. ................... ...................
For 3rd Year Kms .............. ................... ...................
For 4rd Year Kms .............. ................... ...................
3.2.2 Double lane with paved shoulders of width
For 1st Year Kms .............. ................... ...................
For 2nd year Kms .............. ................... ...................

For 3rd Year Kms .............. ................... ...................
For 4rd Year Kms .............. ................... ...................
LUMPSUM TOTAL SCHEDULE 3 PRICE FOR YEARS 1 TO 4(IN FIGURES) .

Transfer total to Bid Summary Schedule ...
Note 1-All rates shall be subject to Price Adjustment
As a guide a list of quantities of Periodical maintenance activities have been provided in Clause E2 of the Technical Specification to
assist the contractor with the completion of this schedule. The information supplied is indicative quantities as determined by the
Employer and should not be interpreted as the contractual requirement for these activities. The contractor will need to assess the current
road conditions and determine what works are needed to meet the timetables for service level compliance.
2. The suggested quantities provided in clause E2 of technical specifications are minimum to be executed. The bidder shall not quote the
Quantities less than the suggested quantities. However the bidder may quote quantities in excess of the suggested quantities based upon
his assessment to meet the specified service levels.

Schedule 4. MINOR IMPROVEMENT WORKS (Reconstruction and Structural Overlay and CC pavement)
Description of Item
Item Rate (Rs)
(Sections as detailed in Clause F2) Quantity Unit Amount (Rs)
No.
In
In words
figures
Year-1 Works
4.1 .............. ................... ...................
4.2 .............. ................... ...................
4.3 .............. ................... ...................
4.4 .............. ................... ...................
4.5 .............. ................... ...................
4.6 .............. ................... ...................
4.7 .............. ................... ...................
.............. ................... ...................
4.8
.............. ................... ...................

Forming Embankment with approved materials as per
4.9 Cum
MORT&H Specification 305 4th Revision for Shoulder
YEAR-2 Works
4.10 .............. ................... ...................
4.11 .............. ................... ...................
4.12 .............. ................... ...................
4.13 .............. ................... ...................
4.14 .............. ................... ...................
4.15 .............. ................... ...................
4.16 .............. ................... ...................

TOTAL SCHEDULE 4 PRICE(IN FIGURES) .

Transfer Total to Bid Summary Schedule
Note: Technical Specification for the above items are covered in section V of the Technical Specification
SCHEDULE 5. EMERGENCY WORKS/DAY WORKS
Amount
S.No. Description
Rs.

Provisional Sum towards Emergency Works / Day Works
TOTAL SCHEDULE 5 PRICE(IN FIGURES) ..
Transfer total to Bid Summary Schedule

Technical Proposal
The bidders Technical Proposal shall include the following elements:
SCHEDULE I Projected Cash Flow
SCHEDULE II Site Organizations
SCHEDULE III Subcontractors
SCHEDULE IV Contractors Equipment (including Form EQU)
SCHEDULE V Initial Tentative Program of Performance
SCHEDULE VI Key Personnel Proposed (including Form PER 1 & 2)
SCHEDULE VII Project Specific Information
SCHEDULE VIII Evaluation and Qualification Data
In addition to the above Schedules the Bidder will be required to complete the following form
and if needed, contractor may provide necessary information in their own format
Instructions on how to present the various schedules of the Technical Proposal are given
within each Schedule. The Bidder should attach descriptions, drawings and charts as
appropriate.
Page: 66
SCHEDULE 1
Projected Cash Flow
(1) Bidders shall tabulate below estimates, based on their preliminary work program, of:
(a) On the expenditure side, the value of the work which will be carried out;
(b) On the revenue side, the net payments to which they will become entitled with due
allowance for the advance payment and repayment, materials prepayments, and
retention money, but excluding price adjustments for rise and fall and provisional sums
for emergency works.
(c) The projected net cash flow during the contract period.
(2) The prospective successful bidder may be required to submit full details to substantiate his
estimates.
As amount in Rs.
Period Cost/Value of Initial Cost/Value of Net Payments Net Cash
(Months) Rectification, Periodic Ordinary to be received Flow
Maintenance and Minor Maintenance Services [indicate
Improvement Works [indicate amount amount
[indicate amount
Start Date
1 to 6
6 to 12 ............... ....... ......
12 to 18
18 to 24
24 to 30
30 to 36
36 to 42
42 to 48
48 to 54
54 to 60
etc.
Total
Estimated consecutive 3 months peak cash flow during 1st year ________________________
Page: 67
SCHEDULE II
Site Organization
Bidders shall give below full particulars of the organisation they propose to establish, direct,
and administer the performance of the Contract. In particular, bidders shall indicate the
location of site camps and the resources they intend to allocate to Self Control Units for
planning and monitoring purposes.
1. SITE ORGANIZATION CHART
2. NARRATIVE DESCRIPTION OF SITE ORGANISATION CHART
The Contractor shall designate either the Road Manager or the Maintenance Engineer as the
Environmental Officer (EO) who is familiar with Environmental aspects of Road Projects and
will be responsible for the Environmental Management
Page: 68
SCHEDULE III
SUBCONTRACTORS
Bidders shall list below those parts of the Works and Services which they propose to
subcontract, and state the approximate value of those parts and the names and addresses of the
proposed subcontractors. Bidders shall also list other business partners involved in the
execution of the contract and their respective roles and responsibilities. Subcontracting is
allowed only up to 50% of the total work including plant and equipment, Specified work
(utility shifting) , provision of labour and supply of materials. In no case Ordinary
maintenance/ PMU (Patrol Maintenance Unit ) shall be subletted .
Sub contracting of work is allowed only to the contractor who is

domicile of Bihar.
Part of Works / Services:

Approximate value:
Name and address of
proposed subcontractor :

Approximate value:
Name and address of

Approximate value:
Name and address of
proposed subcontractor:

Approximate value:
Name and address of
Approximate value of total Subcontracted work of Rs. ............................
Page: 69
SCHEDULE IV
Contractors Equipment
Form EQU
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Section III, Evaluation and Qualification
Criteria. A separate Form shall be prepared for each item of equipment listed (with a current
new purchase price exceeding Rs. 200,000), or for alternative equipment proposed by the
Bidder.
Item of equipment
Equipment Name of manufacturer Model and power rating

information
Capacity Year of manufacture / Condition
Current Current location

status
Details of current commitments
Source Indicate source of the equipment

Owned Rented Leased Specially manufactured
Omit the following information for equipment owned by the Bidder.
Owner Name of owner

Address of owner
Telephone Contact name and title

Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
Page: 70
The bidder should list all the information requested for items of Contractors Equipment
essential for carrying out the works. Factor 2.6 Equipment Section III Evaluation and
Qualification Criteria
The tenderer has to submit with a certificate issued by the Executive Engineer (or) a
Declaration on non judicial stamp paper worth Rs 100/- along with sufficient proof of
document in support of owning such as Invoice / Certificate of Registration by competent
authority in support of the critical equipment.
Page: 71
SCHEDULE V
Initial Tentative Program of Performance
To demonstrate a clear understanding of the requirements of the Contract, bidders shall

provide the following:
(i) a bar chart sub-divided into sections for each road showing the major activities to be
carried out for Initial Rectification, Periodic Maintenance and Minor Improvement Works.
The activities shall be shown against time, with linkages shown between related/sequential
activities as far as possible and appropriate.
(ii) a bar chart or schedule showing the usage of major plant, including those listed in
Schedule IV (Contractors Equipment). Duly supported with equipment planning and
deployment, showing with broad calculations justifying the bidders capability for the
execution and completion of the work as per the technical specifications and within the
periods of completion as per the stipulated milestones
Page: 72
SCHEDULE VI
Key Personnel Proposed

Form PER -1
Key Personnel proposed by Bidder
Years of
Quantity experience
Position Name Qualifications
(Construction and
Maintenance)
(1) (2) (3) (4) (5)

Road Manager 1
Maintenance Engineer 1
Works Supervisor 1
The CVs (or resumes) for each of the proposed key personnel are presented in Forms PER 2
below.
Environmental (EO) who is familiar with Environmental aspects of Road Projects and will be
responsible for the Environmental Management
Page: 73
Form PER-2
Resume of Proposed Personnel
Name of Bidder
Position
Personnel information Name Date of birth
Professional qualifications
Present employment Name of employer
Address of employer
Telephone Contact (manager / personnel officer)
Fax E-mail
Job title Years with present employer
Summarize professional experience over the last 20 years, in reverse chronological order.
Indicate particular technical and managerial experience in Road construction and maintenance.
From To Company / Project / Position / technical and management experience in
road construction and maintenance
Undertaking/ consent letter Signature of the personnel
Page: 74
SCHEDULE VII
PROJECT SPECIFIC INFORMATION
The Bidder shall provide Statements in respect to the following information

Proposed methodology for undertaking Ordinary Maintenance (OM), Initial Rectification (IR),
Periodic Maintenance (PM) and Minor Improvement Works (MI), and identification of road
sections that major activities shall be applied.
Details of safety, traffic , environmental management aspects to be adopted by the Contractor.
as per the Checklist provided in Appendix F.1. The Contractor may modify the checklist
subsequently during mobilization period (road inventory) if awarded.
Contractors experience in managing testing of work.
Statement indicating whether:
I. the Bidder accepts the Sample Quality Plan and if so, that the Bidder will provide an updated
Quality Plan within the timeframe stated in A14.1 of Specifications, if awarded the contract;
or
II. the Bidder does not accept the Sample Quality Plan, in which case the Bidder will be required
to provide its own Quality Plan in accordance with Section V, within the timeframe stated in
A14.1 of Specifications , and which as a minimum, includes the same level of detail as the
Sample Quality Plan and explains the purpose, application, responsibilities and requirements
to undertake works in accordance with the intent of the contract, the general provisions for
the occupational health and safety of employees and the public, environmental management
requirements and the Statutory Laws of India Statement in respect to the Quality Plan.
All bidders shall provide with their Bid a preliminary description of the proposed work method
and program and resource schedules, including drawings and charts, as necessary.
Page: 75
Schedule VIII
Evaluation and Qualification Data
In addition to Forms EQU, PER1 & 2 already contained in the previous Schedules, the
following forms contain the information required for the Evaluation and Qualification detailed
in Table
1. Form ELI 1.1 - Copies of original documents defining the constitution or legal status,
place of registration, and principal place of business; written power of attorney of the
signatory of the bid to commit the Bidder;
2. Form ELI 1.2 - Copies of original documents defining the constitution or legal status,
place of registration, and principal place of business of the Joint Venture;
3. Form ELI 1.3 - Undertaking by The Joint Venture Partners (On Non-Judicial Stamp
Paper of Appropriate Value if required)
4. Form CON 2 - information regarding any litigation, arbitration or blacklisting,
resulting from contracts executed by the Bidder in the last five years or currently under
execution. The information shall include the names of the parties concerned, the disputed
amount, cause of litigation, and matter in dispute;
Form CON 2.1 Information regarding litigation.
5. Form FIN 3.1 - reports on financial standing of the Bidder, such as profit and loss
statements and auditors reports for the past five years;
6. Form FIN 3.2 Average annual Turnover;
7. Form EXP 4.1 - experience in Construction works for each of the last five years,
8. Form EXP 4.2(a) - experience in works of a similar nature and size for each of the
last five years,
9. Form EXP 4.2(b) - experience in works in Key Activities for each of the last five
years,
10. Form CCC - details of works under way or contractually committed and clients who
may be contacted for further information on those contracts;
11. Form FIN 1 - evidence of adequacy of working capital for this contract, access to
line(s) of credit and availability of other financial resources; and authority to seek references
from the Bidders bankers;
Note: In addition to the above documents, the bidder shall furnish the evidence of documents
relating to VAT, Registration, Latest Commercial Tax clearance Certificate, PAN card.
Page: 76
Applicant Information Form

Form ELI -1.1
The Bidder should provide the following information for:
Bidders legal name

In case of Joint Venture (JV), legal name of each partner:
Bidders year of constitution:
Bidders legal address
Bidders authorized representative information
Name:
Address:
Telephone/Fax numbers:
Mobile No. :
E-mail address:
Attached are copies of original documents of
Articles of Incorporation or Documents of Constitution, and documents of registration of
the legal entity named above.
In case of JV, letter of intent to form JV or JV agreement.
Proof of registration as a contractor with Government of Bihar if any.
Power of Attorney of Signatory of Bid.
Page: 77
Applicant's Party Information Form
Form ELI -1.2
Each partner to a JVA should provide the following information for:
JV applicant legal name:

[insert full legal name]
JV applicant's Party legal name:
[insert full legal name of Applicant's Party]
JV applicant's Party registration:
JV applicant Party's year of constitution:

[indicate year of constitution]
JV applicant Party's legal address of constitution:
[insert street/ number/ town or city/ country]
JV applicant Party's authorized representative information
Name: [insert full legal name]
Address: [insert street/ number/ town or city/ country]
Telephone/Fax numbers: [insert telephone/fax numbers, including country and city codes]
Mobile No. :
E-mail address: [indicate e-mail address]
Attached are copies of original documents of

Articles of Incorporation or Documents of Constitution, and Registration Documents of the
legal entity named above.
Proof of registration as a contractor with Government of Bihar if any.
Page: 78
Form ELI 1. 3: FORM OF UNDERTAKING BY THE JOINT

VENTURE PARTNERS
(On Non-Judicial Stamp Paper of Appropriate Value if required)
THIS JOINT DEED OF UNDERTAKING executed on this. day of.. Two

Thousand and .......by. a company incorporated under the laws of
and having its Registered Office at ........................(hereinafter called the
"Party No.1" which expression shall include its successors, executors and permitted assigns)
and M/sa company incorporated under the laws of and
having its Registered Office at (hereinafter called the "Party No.2" which
expression shall include its successors, executors and permitted assigns ) and M/s.. .. .. .. .
.. . . . . .. . .. .. .... .. a Company incorporated under the laws
of and having its Registered Office
at. (hereinafter called the "Party No.3" which expression shall include its
successors, executors and permitted assigns) for the purpose of making a bid and entering into
a contract (hereinafter called the "Contract" {in case of award)] for the work of long term
Output and performance based Road assets maintenance contract for the maintenance
of Roads under Road division .......................... taken up under Road Construction
Department by Executive Engineer , Road Division ......... (hereinafter called the
"Employer").
WHEREAS the Party No.1, Party No.2 and Party No.3 have entered into an Agreement
dated................
AND WHEREAS the Employer invited bids for the above mentioned work as per the scope of
work and specifications stipulated in the bidding documents.
AND WHEREAS Clause 10.1 (h) of Section-II - BDS stipulates that an Undertaking signed
by all the partners of the Joint Venture shall be submitted along with the Bid so as to legally
bind all the Partners of the Joint Venture, who will be jointly and severally liable to perform
the Contract and all obligations hereunder.
AND WHEREAS the bid is being submitted to the Employer vide proposal
No..dated... based on this Undertaking which has been signed by all the parties.
NOW THIS UNDERTAKING WITNESSETH AS UNDER:
In consideration of the above premises and agreements all the parties of this Deed of
Undertaking do hereby declare and undertake:
1. In requirement of the award of the Contract by the Employer to the Joint Venture
Partners, we, the Parties do hereby undertake that M/s the Party No.1, shall act
Page: 79
as Lead Partner and further declare and confirm that we the parties to the Joint Venture
shall jointly and severally be bound unto the Employer for the successful performance
of the Contract and shall be fully responsible for the execution of the work in
accordance with the Contract:
2. In case of any breach or default of the said Contract by any of the parties to the Joint
Venture, the party(s) do hereby undertake to be fully responsible for the successful
performance of the Contract and to carry out all the obligations and responsibilities
under the Contract in accordance with the requirements of the Contract.
3. Further, if the Employer suffers any loss or damage on account of any breach in the
Contract or any shortfall in the performance of the work in meeting the performances
guaranteed as per the specification in terms of the Contract, the Party(s) of these
presents undertake to promptly make good such loss or damages caused to the
Employer, on its demand without any demur. It shall not be necessary or obligatory
for the Employer to proceed against Lead Partner to these presents before proceeding
against or dealing with the other Party(s), the Employer can proceed against any of the
parties who shall be jointly and severally liable for the performance and all other
liabilities/obligations under the Contract to the Employer.
4. The financial liability of the Parties of this Deed of Undertaking to the Employer, with
respect to any of the claims rising out of the performance or non-performance of the
obligations set forth in this Deed of Undertaking, read in conjunction with the relevant
conditions of the Contract shall, however not be limited in any way so as to restrict or
limit the liabilities or obligations of any of the Parties of this Deed of Undertaking.
5. It is expressly understood and agreed between the Parties to this Undertaking that the
responsibilities and obligations of each of the Parties are given in the bid. It is further
undertaken by the parties that the above sharing of responsibilities and obligations
shall not in any way be a limitation of joint and several responsibilities of the Parties
under the Contract.
6. It is also understood that this Undertaking is provided for the purposes of undertaking
joint and several liabilities of the partners to the Joint Venture for submission of the
bid and performance of the Contract and that this Undertaking shall not be deemed to
give rise to any additional liabilities or obligations, in any manner or any law, on any
of the Parties to this Undertaking or on the Joint Venture, other than the express
provisions of the Contract.
7. This Undertaking shall be construed and interpreted in accordance with the provisions
of the Contract.
8. In case of an award of a Contract, we the parties to this Deed of Undertaking do

hereby agree that we shall be jointly and severally responsible for furnishing a
Contract performance security from a bank in favour of the Employer.
Page: 80
9. It is further agreed that this Deed of Undertaking shall be irrevocable and shall form an
integral part of the bid and shall continue to be enforceable till the Employer
discharges the same or upon the completion of the Contract in accordance with its
provisions, whichever is earlier. It shall be effective from the date first mentioned
above for all purposes and intents.
IN WITNESS WHEREOF, the Parties to this Deed of Undertaking have through their
authorised representatives executed these presents and affixed Common Seals of their
companies, on the day, month and year first mentioned above.
Common Seal of . For Lead Partner (Party No.-1)

has been affixed in my/ our For and on behalf of M/s
presence pursuant to Board of ..
Directors Resolution dated .
Name ..
Designation .
(Signature of the authorized
Signature . representative)
WITNESS :
I.
II.
Common Seal of . For Party No.-2

has been affixed in my/ our For and on behalf of M/s..
presence pursuant to Board of
Name .. representative)
Designation .
Signature .
WITNESS :
Page: 81
I.
II.
Common Seal of . For Party No.-3

has been affixed in my/ our For and on behalf of M/s.
presence pursuant to Board of ..
Name ..
Designation .
Signature . representative)
WITNESS :
I.
II.
Page: 82
Historical Contract Non-Performance
Form CON 2
The following table shall be filled in for the Bidder and for each partner of a Joint Venture
Non-Performing Contracts in accordance with Section III, Qualification Criteria

and Requirements
Contract non-performance did not occur during the last five (5) years specified in Section III,
Qualification Criteria and Requirements, sub-factor 2.2.1.
Contract(s) non-performed occurred during the last five (5) years specified in Section III,
Qualification Criteria and Requirements, sub-factor 2.2.1
Non performed Contract Identification Total Contract Amount
portion of (Lakh Rs)
Year
contract
Contract Identification:
Name of Employer:
Address of Employer:
Reason(s) for non performance:
Name of Employer:
Reason(s) for non performance:
Page: 83
Historical Contract Non-Performance
Form CON 2 (cont)
Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
No pending litigation in accordance with Section III, Qualification Criteria and Requirements,
sub-factor 2.2.2.
Pending litigation in accordance with Section III, Qualification Criteria and Requirements, sub-
factor 2.2.2 as indicated below.
Year Outcome as Contract Identification Total Contract Amount
Percentage of Total (Lakh Rs )
Assets
Name of Employer:
Matter in dispute:
Remark showing present
Status:
Name of Employer:
Matter in dispute:
Remark showing present

Status:
Page: 84
Financial Situation
Form FIN 3.1

1. Financial data
Financial information in Historic information for previous 5 (five) years,
Lakh Rupees
Year 1 Year 2 Year 3 Year 4 Year 5
2008-09 2009-10 2010-11 2011-12 2012-13
Information from Balance Sheet

Total Assets (TA)
Total Liabilities (TL)
Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)
Page: 85
2. Financial documents
The Bidder and its parties shall provide copies of the balance sheets and/or financial statements for
last five (5) years pursuant Section III, Qualifications Criteria and Requirements, sub-factor 2.3.1.
The financial statements shall:
(a) reflect the financial situation of the Applicant or partner to a JV, and not sister or parent
companies.
(b) be audited by a certified accountant.
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).
Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the last five (5) years required above; and complying with the requirements
Page: 86
Average Annual Construction Turnover
Form FIN - 3.2
The following table shall be filled in for the Bidder and for each partner of a Joint Venture.
Applicant's/Joint Venture Partner's Legal Name:

Date:
Annual turnover data

Works executed payment received over the last five years
Year Amount and Currency Lakh Rupees
2008-09
2009-10
2010-11
2011-12
2012-13
Average Annual Construction Turnover *
* Average annual construction turnover calculated as total certified payments received for
work in progress or completed, divided by the number of years specified in Section III,
Qualification Criteria and Requirements, Sub-Factor 2.3.2.
Page: 87
General Construction Experience
Form EXP - 4.1
Date:
Identify contracts that demonstrate continuous construction work over the past five (5) years
pursuant to Section III, Qualification Criteria and Requirements, sub-factor 2.4.1. List
contracts chronologically, according to their commencement (starting) dates.]
Starting Ending Contract Identification Role of

Month /Year Month /Year Applicant
Contract name:
Brief Description of the Works
performed by the Applicant:
Amount of contract:
Name of Employer:
Address:
Contract name:
Amount of contract:
Name of Employer:
Address:
Contract name:
Amount of contract:
Name of Employer:
Address:
Page: 88
Similar Construction Experience

Form EXP - 4.2(a)
The following table shall be filled in for contracts performed in the same name as the
Applicant, each partner of a Joint Venture, and specialist sub contractors on Construction
and Maintenance work over the last 5 years.
Date:
Similar Contract No. Information

Contract Identification
Award date
Completion date
Role in Contract Contractor Subcontractor
[check the appropriate box]

Total Contract Amount
If partner in a JV, or subcontractor,
specify participation in total contract
amount
Employer's Name:
Address:
Telephone/fax number
Mobile No:
E-mail:
Description of the similarity in accordance with Sub-Factor 2.4.2(a) of Section III:

1.Contract Amount
2. Physical size i.e. length of the
road, carriage width.
3. widening strengthening
/IRQP/SR/PR/Maintenance -
(a) E/w
(b) GSB
Page: 89
(c) WMM
(d)BM/DBM
(e)Concreting
4. Other Characteristics (If any)
Page: 90
Construction Experience in Key Activities

Form EXP - 4.2(b)
Applicant's Legal Name:
Date:
All Contractors and Subcontractors for key activities must complete the information in this
form as pursuant to Section III, Qualification Criteria and Requirements, Sub-Factor 2.4.2.
Information
Contract Identification
Award date
Completion date
Role in Contract Contractor Subcontractor
[check the appropriate box]

Total Contract Amount
If party in a JV, specify participation

of total contract amount
Employers Name:
Address:
Telephone/fax number
Mobile No
E-mail:
Description of the key activities in

accordance with Sub-Factor 2.4.2 (b) Quantity of Work Performed
of Section III:
Concrete Works
MoRTH Spec 1703 all grades
Non Bituminous Sub-Bases and Bases
MoRTH Spec 400
Bituminous Works
MoRTH spec 500
Note: Attach client certificates in support of the above quantities issued by the Executive
Engineer or Equivalent.
Page: 91
Current Commitments / Financial Resources
Current Contract Commitments / Works in Progress
Form CCC
Bidders and each partner to a JVA should provide information on their current commitments on
all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full completion
certificate has yet to be issued.
Name of contract Employer, Value of Estimated Average monthly

contact outstanding work completion date invoicing over
address/tel/fax (current Lakh last six months
Rupees) (Lakh Rupees)
1.
2.
3.
4.
5.
etc.
Note: The statement showing the value of existing commitments and on-going works
as well as the stipulated period of completion remaining for each of the works listed
should be issued by the Executive Engineer or equivalent.
Page: 92
Financial Resources
Form FIN-1
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as indicated in Section III,
Evaluation and Qualification Criteria.
Source of financing Amount Lac Rupees
1.
2.
3.
4.
Note:
1. The Bidder is required to provide evidence of the above by attaching
supporting documentation. A sample Format for evidence of access to
or availability of credit facilities is attached.
2. The Bidder is required to provide authority for the Employer to seek
references from the Bidders Banker. Name, address, e-mail, and
telephone, mobile,telex and facsimile numbers of banks that may
provide references are to be provided.
Page: 93
SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF

CREDIT FACILITIES
BANK CERTIFICATE
This is to certify that M/s. is a reputed company with a good

financial standing.
If the contract for the work, namely . is

awarded to the above firm, we shall be able to provide overdraft/credit facilities to the extent
of Rs. to meet their working capital requirements for executing the above
contract.
__ Sd. __
Name of Bank
Senior Bank Manager
Address of the Bank
Page: 94
Page: 95
Page: 96
PART 2
TECHNICAL SPECIFICATIONS
Section V: Technical Specifications Page: 97

SECTION -V
Technical Specifications
Part A Management Requirements

Part B General Specifications
Part C Ordinary Maintenance
Part D Initial Rectification Works
Part E Periodic Maintenance
Part F Minor Improvement Works
Part G Emergency Works
Part H Environmental Requirements

Section V, Part A
Management Requirements
A1. Long Term Output- and Performance-based road assets Maintenance
Contracts Concept ...........................................................................................................
A2 General..........................................................................................................................
A3 Definitions ........
A4 Scope of Services .....
A5 Reference Information ......
A6 Description of the project area .........
A7 Description of the Roads Included in Contract . ......
A8 Self-Control Unit of Contractor .
A9 Specification for Sevice Level Criteria.........
A10 Functions of Key Personnel ......
A11 Method of Inspection of Service Levels. ......
A11.1 Formal Inspections of Service Levels.. .....
A11.1.1 Ordinary Inspections...............
A11.1.2 Hazard Inspections ............
A11.1.3 Bridge & Culvert Inspections.
A11.1.4 Night Inspections..........
A11.1.5 Emergency Inspections.........
A11.2 Informal Inspections of Service Levels.. ......
A12 Contract Supplied Equipment.......................................................................................
A12.1 Communication Equipment ..........
A13 Specification for the Provision of Management Information ......
A13.1 Monthly Site Meeting and Monthly Report .....................
A13.1.1 Monthly Statement .....
A13.1.2 Monthly Works program ........
A13.1.3 Monthly Progress..
A13.1.4 Previous Meeting Minutes. .........
A13.2 Milestone Reporting Requirements
A13.2.1 Initial Road Condition Report ........
A13.2.2 Milestone 1 Report. ........
A13.2.3 Milestone 2 Report.... .....
A13.2.4 Milestones 3 and 4 Reports ........
A13.2.5 Milestone 5 (Handover) Report ..
A13.3 Update of Road Administration Database ............
A14 Program of Performance ...............................................................................................
A14.1 Contractors Quality Assurance Plan.. .....
A14.2 Health and Safety Management Plans
A14.3 Emergency Procedures and Contingency Plan
A14.4 Traffic Management Plan
A14.5 Environmental Management Plan. .......

A1. LONGTERM Output & Performance-Based Roads Assets Maintenance Contract
Concept
1. Long Term Output- and Performance-based contracting for roads assets is designed to
increase the efficiency and effectiveness of road asset management and maintenance. It should
ensure that the physical condition of the roads under contract is adequate for the need of road
users, over the entire period of the contract. This type of contract significantly expands the
role of the private sector, from the simple execution of works to the management and
conservation of road assets.
2. In traditional road construction and maintenance contracts, the Contractor is
responsible for the execution of works which are normally defined by the Employer, and the
Contractor is paid on the basis of unit prices for different work items, i.e. a contract based on
inputs to the works. The results of traditional road contracts are in many cases less-than-
optimal. The problem is that the Contractor has the wrong incentive, which is to carry out the
maximum amount of works, in order to maximize its turnover and profits. Even if the work is
carried out according to plan and much money is spent, the overall service quality for the road
user depends on the quality of the design given to the Contractor who is not accountable for it.
3. The OPRMC addresses the issue of inadequate incentives. During the bidding process,
contractors compete among each other by essentially proposing fixed lump-sum prices for
bringing the road to a certain service level and then maintaining it at that level for a relatively
long period. It is important to understand that contractors are not paid directly for inputs or
physical works (which they will undoubtedly have to carry out), but for achieving specified
Service Levels, i.e., the Initial Rectification and Periodic Maintenance of the road to pre-
defined standards (if so required by the bidding documents), the Ordinary maintenance service
of ensuring certain Service Levels on the roads under contract, and specific improvements (if
so required by the bidding documents), all representing outputs or outcomes. A monthly lump-
sum remuneration paid to the Contractor will cover all physical and non-physical maintenance
services provided by the Contractor, except for unforeseen emergency works which are
remunerated separately. The Periodic Maintenance Works which have been explicitly
specified by the Employer in the contract are quoted on the basis of measurable output
quantities and paid as performed. In order to be entitled to the monthly payment for Ordinary
maintenance services, the Contractor must ensure that the roads under contract comply with
the Service Levels which have been specified in the bidding document. It is possible that
during some months he will have to carry out a rather large amount of physical works in order
to comply with the required Service Levels and very little work during other months.
However, his monthly payment remains the same as long as the required Service Levels are
complied with. The Initial Rectification works are also paid on the basis of measurable out put
quantities and paid as performed. The Minor Improvements are paid on BOQ basis. Whenever
Emergency/Day works are executed through specific work orders, the same are paid based on
measured intputs.
4. A fundamental feature of the OPRMC is that the Contractor must not necessarily
and in all cases be a traditional works contractor, but can (if allowed in the Bidding
Documents) be any type of firm or business venture having the necessary technical,
managerial and financial capacity to fulfil the contract. In any case, the contractor is
responsible for designing and carrying out the works, services and actions he believes are

necessary in order to achieve and maintain the Service Levels stated in the contract. The
Service Levels are defined from a road users perspective and may include factors such as
average travel speeds, riding comfort, safety features, etc. If the Service Level is not achieved
in any given month, the payment for that month may be reduced or even suspended.
5. Under the OPRMC, the Contractor has a strong financial incentive to be both efficient
and effective whenever he undertakes work. In order to maximize profits, he must reduce his
activities to the smallest possible volume of intelligently designed interventions, which
nevertheless ensure that pre-defined indicators of Service Level are achieved and maintained
over time. This type of contract makes it necessary for the Contactor to have a good
management capacity. Here, management means the capability to define, optimize and carry
out on a timely basis the physical interventions which are needed in the short, medium and
long term, in order to guarantee that the roads remain above the agreed Service Levels. In
other words, within the contract limitations and those required to comply with local
legislation, technical and performance specificationsand environmental regulations, the
Contractor is entitled to independently define: (i) what to do, (ii) where to do it, (iii) how to do
it, and (iv) when to do it. The role of the Road Administration and of the Employer is to
enforce the contract by verifying compliance with the agreed Service Levels and with all
applicable legislation and regulations.
6. Maintaining a road network includes both ordinary and periodic (maintenance)
tasks. Ordinary maintenance consists of many different tasks frequently necessary to maintain
the function of the road (such as pothole repairs, cleaning of drainage, sealing of cracks,
cutting of vegetation, etc.). Periodic maintenance consists of predictable and more costly
measures of a less frequent nature designed to avoid road degradation (such as resurfacing,
bituminous concrete overlays, etc.). Intelligent management, the timeliness of interventions
and the adequacy of technical solutions are critical. It is expected that the use of private
specialized firms under output- and performance-based contracts will unleash significant
efficiency gains, and stimulate innovation in comparison with traditional road administration
practices.
7. Minimum road conditions and Service Levels are defined through output and
performance measures, and these are used under the OPRMC to define and measure the
desired performance of the Contractor. In the OPRMC the defined performance measures are
thus the accepted minimum intervention levels for the quality levels of the roads for which the
Contractor is responsible.
8. The performance criteria should ideally cover all aspects of the contract and take
account of the fact that different sub-areas within the contract area might require different
Service Levels. Criteria can be defined at three levels (although simpler contracts will not use
all of the criteria identified below):
(a) Road User Service and Comfort measures are expressed in terms of:
Rutting
Depressions
Skid resistance
Visibility of road signs and markings
Response times to rectify defects that compromise the safety of road users
Attendance at road accidents

Drainage off the pavement (standing water is dangerous for road users)
Vegetation control
Slope Stabilisation
The extent of repairs permissible before a more extensive periodic maintenance
treatment is required
Degree of sedimentation in drainage facilities
(b) Road Usability measures, are expressed in terms of:

Travel delays
Availability of each lane-km for use by traffic
Road Roughness
(c) Management Performance Measures, which define the information the Employer
requires both to govern the asset during the term of the contract, and to facilitate the next
tender round. Requirements should include:
Delivery of regular progress reports to the Road Controlling Authority
Inventory updates and other data sharing requirements
Maintenance history (so subsequent tenderers can price the work).
. Environmentaland Requirements
To avoid ambiguity, all performance measures are clearly defined and objectively measurable.
9. Together the performance measures define the minimum acceptable Service Level for
the particular road. In setting the measures various criteria (both technical and practical) were
carefully considered, such as (i) traffic volume and composition, (ii) urban vs. rural roads (iii)
sub-grade quality and type, (iv) quality of available construction materials, (v) capacity of
available contractors, However, probably the most important criterion is the question of
what Service Level can be afforded and economically justified for the road in question.
10. Under the terms of the contract, the Contractor will also be responsible for the
continuous monitoring and control of road conditions and Service Levels for all roads or road
sections included in the contract. This will not only be necessary to fulfil the contract
requirements, but it is an activity which will provide him with the information needed to be
able (i) to know the degree of his own compliance with Service Level requirements, and (ii) to
define and plan, in a timely fashion, all physical interventions required to ensure that service
quality indicators never fall below the indicated thresholds. Under the OPRMC modality, the
Contractor will not receive instructions from the Employer concerning the type and volume of
road maintenance works to be carried out. Instead, all initiative rests with the Contractor who
must do whatever is necessary and efficient to achieve the quality levels required. This
concept is expected to lead not only to significant efficiency gains, as mentioned earlier, but
also to technological innovation.
11. It is expected that in order to comply with the contract, the Contractor will most likely
have to carry out different types of works, including some Initial Rectification activities and
Periodic Maintenance works. The definition of the exact nature of the works, their timing,
their costing and their implementation is left to the judgment of the Contractor. Note that a
milestone exists to get the road to the desired standard. This means that his capacity must be

above the usual capacity of a traditional civil works contractor. In fact, an essential attribute is
the capacity to the manage road Network.
12. Some emergency works should always be foreseen. Those are meant to remedy
unexpected damage which occurs as a result of extraordinary natural phenomena, due to the
reasons beyond control of contractor in maintenance of roads and which affect the normal use
of the road network, or the safety and security of the users. For meeting the Emergency / day
works a provisional sum is included in the contract. For emergency works, the contract limits
the responsibility of the Contractor. Emergency works are remunerated by the Engineer in
charge from the provisional sum for each work order established on the basis of executed
quantities at the unit prices covered under work schedule 4 for similar items of work item and
rate as per current SOR and new rates for other items shall be arrived as per clause 61 and 63
of General Conditions.
13. Bidders will present their financial offer for:
the Ordinary Maintenance Services in the form of the amount of the monthly lump-
sum payment demanded by the bidder according to the conditions of contract (this will
be the monthly amount applicable throughout the duration of the contract);
the Initial Rectification Works, in the form of a lump-sum amount, while indicating
the quantities of measurable outputs to be executed in order that the road achieves the
performance standards specified in the bidding documents. Payments will be made in
accordance with the progress in the execution of those measured outputs;
the Periodic Maintenance Works (if so required in the Bid Data Sheet), in the form
of a lump-sum amount, while indicating the quantities of measurable outputs to be
executed in order that the road achieves the performance standards specified in the
bidding documents. Payments will be made in accordance with the progress in the
execution of those measured outputs;
the Minor Improvement Works (if so required and for the improvement indicated in
the bidding documents) in the form of unit prices for outputs of each type of
improvement works; payment for Minor Improvements will be made in accordance
with quoted unit prices for those outputs.
A price adjustment clause applicable to all prices and activities in order to compensate for
increases or decreases in cost indices are included.
14. The agreed monthly payment for Ordinary Maintenance works and services will be
made to the Contractor if he has complied, during the month for which the payment is to be
made, with the agreed Service Levels on the road network under contract. Together with his
monthly invoice, the Contractor will report the result of his own evaluation of compliance
with the required Service Levels, based on his own monitoring system which is mandatory.
His statement will then be verified by the Employer or his representative through inspections.
If the Service Levels are not met, payments are reduced, based on a schedule given in the
contract. Payments may even be suspended, and the contract cancelled, if the contractor fails
during an extended period to achieve certain minimum thresholds values of Service Levels.

The contract describes the formulas used to calculate payment reduction and potential contract
suspensions.
A2 General
The Contractor shall implement an appropriate maintenance strategy, incorporating
regular inspections, programming and work activities to:
i) Maintain public safety
ii) Maintain the roadway assets to the required performance Criteria
iii) Keep the road open to traffic
A3 Definitions
The following definitions shall apply:

(a) Bridge
Any structure, being a bridge or culvert with a span or headwall length greater than 6
metres
(b) Culvert
Any pipe, box (RCC) or slab having a diameter, span or headwall length less than 6
metres.
(c) Critical Location
A location where the road alignment and/or pavement width and/or geometry are
identified by additional markings or furniture to guide the travelling public (cars, trucks,
motorcycles, bicycles, and pedestrians).
(d) Defect
The visible or measurable evidence of failure or other undesirable condition
(e) Emergency Works
Emergency Works is a set of necessary and sufficient activities to reinstate the Road and
reconstruct its structure or right of way strip damaged as a result of natural phenomena
with imponderable consequences, such as strong storms, flooding and earthquakes and
due to the reasons beyond the control of contractor. The need for execution of
Emergency Works is jointly identified by the Employer and the Contractor and for
starting of execution of Emergency Works the Employer shall issue a Work Order
(f) Hazard
An event, condition or substance which has the potential to cause harm to the health and
safety of persons, including the travelling public.
(g) Initial Rectification Works
Additional works required in the initial stage of the Contract to allow the Contractor to
bring the road up to the required Service Level Criteria.
(h) Intervention Criteria
The condition level at which a defect is recorded and rectified within a given Response
Time.
(i) Memorandum

A written instruction from the Employer or his representative confirming
approval to do any work outside those activities included in the Lump Sum
payment (i.e. Emergency /Day works, etc.) or for issuing notice of defects not
maintained to the Response Time in the Lump Sum
(j) Road Obstructions
Any cardboard, paper, garbage, rubbish, wood, glass, metal, rubber, dirt, waste matter,
or anything of a like nature, within the traffic lanes or shoulders, that is likely to cause
damage to vehicles or otherwise be a hazard or visual detriment to the public.
(k) Minor Improvement Works
Minor Improvement Works consists of a set of interventions that add new characteristics
to the Road in response to existing or new traffic, safety or other conditions, as defined in
the Specifications.
(l) Ordinary Maintenance
The regular program of activities including inspections, repairs, works and associated
reports designed to address public safety, limit the deterioration of infrastructure and
sustain functional and environmental values.
(m) Periodic Maintenance
Periodic Maintenance Works are specific and clearly defined civil works the Contractor
is required to carry out under the conditions of the Contract, as defined in the
Specifications. Periodic Maintenance Works quantities were estimated by the Contractor
to achieve the performance standards defined by the Service Levels and offered at a
Lump-Sum price.
(n) Response Time
The maximum time to repair a defect, based on consideration of the defect type, risk and
severity.
(o) Road Number
The identification number of the road as provided by the Employer (e.g. State Highway
No 1, ).
(p) Roadside
Any non-pavement area within the road reserve, including any median area.
(q) Rural Area
All areas outside of urban areas
(r) Safety Sign
A road sign that provides the driver with advice about the safe use of a road.
(s) Standard Job
Description of work to restore and/or repair a damaged item to a defect-free condition.
The list of Standard Jobs is detailed in Tables C4.1.1 C4.7.1
(t) Structure
A bridge, culvert or sign gantry or other designated structure. The structure may have
been assigned an asset structure number.
(u) Unit of Work
Base unit of measurement of a standard job (e.g. metre, square metre).

(v) Urban Area
Those sections of road that are contained within the defined limits of Towns or Villages,
or as otherwise specified.
(w) Pavement
An artificial surface laid over ground to facilitate travel.
A4 Scope of Services
A4.1 Scope of Services to be provided
Notwithstanding the provisions of Clause 7 of the General Conditions, the services to be

provided by the Contractor include all activities, physical or others, which the Contractor
needs to carry out, in order to comply with the Service Levels and other output and
performance criteria indicated under the contract, or with any other requirements of the
contract. In particular, they include management tasks and physical works associated with the
following road-related assets and items:
Pavements (paved roads)

Roadside longitudinal drainage systems
Road shoulders
Signage and road safety furniture
Slopes (cuts and embankments)
Structures and major culverts
Traffic management
Data Collection
The Limits of the Contractors maintenance work zone for each road within the Contract shall
encompass the road reserve from property boundary to property boundary, including footways,
parking and rest areas. It also includes the first 10m length of side road junctions, both
directions of one way systems separated carriage ways and both intermediate and terminal
roundabouts (if any), up to either the end of the splitter island or 50m from the circle centre for
each contract road up to either the end of the splitter island or 50m from the circle centre.
The Contractors maintenance work zone shall exclude the maintenance of side drains located
within Panchayat limits and Municipal Corporation limits.
A4.2 Scope of Works to be provided

The objective of the project is to undertake Ordinary Maintenance, Initial Rectification
Works, Periodic Maintenance Work and Minor Improvement Works and Emergency Works
on select roads totalling approximately ......Lane Kilometres in Road division .......... . The
maintenance work will also include cross drainage works, minor work on bridges and roadside
maintenance within the select road limits. The Ordinary Maintenance works will be carried
out under performance based road maintenance on a lump sum basis paid monthly. Initial
Rectification and Periodic Maintenance will be paid on measured quantity to the value of the
Lump Sum and Minor Improvement Works will be paid on the basis of actual quantities of
work completed. There is a requirement for specialized maintenance equipment and the
contract obligation is for continuous input over a period of 5 years

The project involves maintenance of the following roads under Road division ....................
(i) .......................................
(ii) .......................................
(iii) .......................................
(iv) .......................................
The lane wise details are given below:
(i) Single lane : ....... Kms.

(ii) Intermediate lane : ....... Kms
(iii) Double Lane : ....... Kms
(iv) Multi Lane : ....... Kms.
The Contractor agency has to take up the following Components for the project for the periods
specified.
1. Ordinary Maintenance - 60 Months
2. Initial Rectification - 6/9 Months
3. Periodic Maintenance - 48 Months
4. Minor Improvements - 12/24 Months
5. Emergency Works - 60 Months
Ordinary Maintenance:
The Contractor has to take up OM for a period 5 years (60 Months) for a length of ....... km as
per OM specification specified in section V of Part C.
Initial Rectification:
This Component is to achieve the entire project to below intervention standards i.e., to the
desired level within the specified period of 6/9 Months as per specification specified in the
section V of Part D.
Periodic maintenance:
This is the Component where in the pavement resurfacing activities (Laying of Semi Dense
Bitumenous Concrete, Construction of Earthen Shoulders, Providing Centre line marking &
Edge line marking and Road Studs) are to be taken that are beyond Ordinary Maintenance
Activities to meet the service level as per specification specified in section V of Part E. The
executing agency has to apply the surface treatment over the entire road for a period of first 4
Years (48 Months).
Minor Improvements:
This Component is necessary at the initial stage of the project to meet the service level
compliance and is as per specification specified in section V of Part F.

Emergency Works:
Provisional sum is included to meet the emergency situation. The works will be taken under
this component whenever there is any unforeseen Natural Phenomena occurs and has to be
attended during the entire project period as per the specification specified in Section V of
Part G.
A5 Reference Information
As a general reference, the information shown below is provided to the Bidder. The Employer
provides this information to the best of his knowledge, but does not guarantee its correctness,
and the Contractor may not make any claim based on potential errors or omissions in the
information provided.
Details for each road covers the data listed below and as included in detail in Appendix B of
this Contract.
Technical information of each road, such as inventory, as available

Bridges and culverts
Other information as available.
A6 Description of the project area
The project roads are under road division in the District of .....................under the control of
the Executive Engineer, . ............. Road Division and are as shown on the map in
Appendix A.
A7 Description of the Roads included in Contract
Contract packages are based on fixed areas within the specified Road division Consequently,
some roads may be under other works programs, from time to time throughout the contract
period. The Contractor must be aware of his commitments and all roads under his control and
those specifically requiring his attention. It will therefore be necessary for the Employer to
provide a list of total roads within the fixed area divided into two groups of road sections; (1)
immediate maintenance, and (2) other comprising roads programmed for other works
programs.
To enable the Contractor to program his resources, and be able to program and budget for the
taking over new roads from other programs and the transferring of road to other works, the
expected dates for the start and completion of all works under other programs shall be
provided by the Employer
(i) The road sections included in the initial contract are the following:
The work is located in the Road Division ------ district in the State of Bihar as shown in
Appendix A and detailed in the Table below:

Claasif
Km Stones Length ication
ROAD of
ROAD DISTRICT
SECTION Road
From To [km]
.......
.......... ......... ....... ......... .......
..........
TOTAL ......
(ii) The Sections of the roads to be excluded due to works completed by others .
Road Sections
Road Sections
Reach taken for which
currently under Defect
S.No. Name of the road up within the works are to DLP
Liability Period (DLP)
contract be taken up by
by other agencies
other agencies
- ........... .....
1 .......
......
-
3 - - -

4
(iii) The Section of roads to be excluded due to works to be taken up /completed by other
agencies .
Probable
Sl.
Name of the road Reach Name of work date of DLP
No
completion
....... - - -
1 -
- - .......
2 ....... -

Note:
1. Data given are indicative only, actual details to be confirmed by the Employer.
2. Sections identified under Defect Liability the Contractor is partial responsible for the
Ordinary maintenance as defined in Clause C6.3 of the Technical Specifications.
3. Refer to Clause C6.3 of the Technical Specifications for Contractors responsibility for
the maintenance of the road section prior to and after works (Periodical maintenance, Minor
Improvements) are completed.
4. For the Road Sections defined above which are temporarily under full or partial
responsibility of other agencies at various times in the Contract period, the Monthly Lump
Sum shall be adjusted in accordance with Clause C6.4 of the Technical Specification.
A8 Self-Control Unit of Contractor
In conformity with sub-clause 25.2 of the GC, the Contractor is obliged to establish, within his
own organizational structure, a specific Unit staffed with qualified personnel, whose task is to
verify continuously the degree of compliance by the Contractor with the required Service
Levels. The Self-Control Unit is also responsible for undertaking the quality control testing
required for Initial Rectification Works, Periodic Maintenance Works, Minor Improvement
Works and Emergency Works.
The Unit is responsible for the generation and presentation of the information needed by the
Contractor for the documentation required for the Monthly Statement. In general terms, the
Unit will be responsible to maintain at all times a detailed and complete knowledge of the
condition of the roads or road sections included in the contract and to provide to the
management of the Contractor all the information needed in order to efficiently manage and
maintain the roads included in the contract. The Self-Control Unit is also obliged to carry out,
in close collaboration with the Engineer in charge, the formal and scheduled inspections of
Service Levels which will take place regularly.
The compliance (non-compliance) of the Contractor with service level requirements will be
reported by the Self-Control Unit to the Employer in the form of tables as specified in A13.1.
A9 Specification of Service Level Criteria
The service level applicable is indicated relevant to activities in the tables C4.1.1 to C4.7.1,
C5.2, E4, and F7
A10 Functions of Key Personnel
This Contract has a requirement that a high level of engineering management is employed to
oversee the programming, inspection and execution of works. The Contractor shall engage
qualified personnel with required experience as specified in the Instructions to Bidders to

undertake such tasks. The minimum key positions to be provided within contractors staff and
their functions.
Key Positions Function
1. Road Manager Head the SCU and control compliance
activities and reporting activities
2. Maintenance Engineer Head the overall control and supervision of
the day-to-day site activities
3. Works Supervisor (s) One required to manage and control each
specific component of the works, like
Ordinary Maintenance Services, Initial
Rectification Works, Periodic Maintenance
operations, culvert installation, specialised
repairs. etc.
Environmental Officer (EO) who is familiar with Environmental l aspects of Road Projects
and will be responsible for the Environmental l Management
A11 Methods of Inspection of Service Levels
A11.1 Formal Inspections of Service Levels
The Employer must inform the Contractor of his intention to carry out a formal inspection at
least 48 hours in advance, indicating the exact date, hour and location where the formal
inspection is to begin. The Contractor is obliged to be present at the date, hour and location
specified by the Employer, providing the physical means needed for the inspection as
indicated further below. The following minimum formal inspections should be undertaken by
the Contractor in the presence of the Engineer in charge of all of the roads covered by the
Contract as part of his responsibility to public safety and to enable him to schedule a monthly
works Program.
Code Inspection Type Minimum Frequency

R Routine Monthly
H Hazard Weekly
B Bridge Culverts 6 monthly or immediately after flood event
N Night 6 monthly

Code Inspection Type Minimum Frequency
Immediately on receiving information on

E Emergency
notification.
A11.1.1 Ordinary Inspection
The main purpose of the Ordinary or Routine Inspection is a Conformance Inspection to
enable the Employer to verify the information presented in the Contractors monthly
statement and to issue the interim payment certificate. Routine Inspections will normally, but
not necessarily, be scheduled to begin within less than five (5) days after the presentation by
the Contractor of the Monthly Statement to the Employer and they should normally be
completed within a maximum of three (3) days. The Routine Inspections allow the
comparison of the information on compliance provided by the Contractor in the standard
tables which are part of his Monthly Statement, with actual measurements taken in locations
to be determined by the Employer. During the formal inspections, the Employer will prepare a
brief Memorandum describing (i) the general circumstances of the site visit, including date,
road sections visited, persons present, etc., (ii) any non-compliance which may have been
detected, and (iii) the time granted by the Employer to the Contractor to remedy the detected
defects. Based on the outcome of the formal inspection, the Employer will immediately
correct any possible errors or misrepresentations in the Contractors Monthly Statement,
countersign it and present it for payment, and to the Contractor for information.
Formal inspections will also be scheduled for the follow-up site visits, whose purpose is to
verify if the Contractor has remedied the causes of earlier non-compliance, within the time
frame granted by the Employer and specified in the Memorandum.
Ordinary (Routine) Inspection (R)
defects to be identified Inspection Requirements

OM100 Sealed pavement Routine Inspections are undertaken by the Contractor
OM200 Shoulder on a monthly basis, jointly with the Employer or its
OM300 Drainage representative . It involves detailed survey to note:
OM400 Vegetation a) all defects that have reached Intervention Criteria
OM500 Roadside furniture b) Programmed work not completed in Response
Time
OM600 Structures
Where necessary, inspections shall be carried out on
OM700 Operational
foot. Where there is dispute on any defect, every
servicing
attempt should be made to find resolution on-site.
The information collected shall be submitted in Form
OM-01
A11.1.2 Hazard Inspection

The main reason for the Safety Inspection is to ensure that the pavement carriageway remains
safe at all times and between Conformance Inspections and does not present a hazard to the

travelling public. This inspection should be undertaken weekly by driving through the road
and cover all defects that are visibly:
hazards that may impose a danger or safety to the road user and others; and
defects that are of an offensive nature.
When determining if a defect is or likely to become a hazard the Contractor must consider, as
a minimum:
severity and nature of the defect;

extent of the defect;
general road condition and prevailing or expected weather conditions;
location of the defect;
effect on the road user; and
volume of traffic
Hazard Inspection (H)
Defects to be identified Inspection Requirements

OM101 Pothole patching The hazard inspection will be undertaken on a weekly
OM102 Regulation of wheel basis by an experienced officer of the Contractor and
ruts and depressions includes a rapid survey of the whole network to note all
OM105 Pavement cleaning defects that are:
OM201 Unsealed shoulder a) hazards that impose an immediate danger or
OM203 Embankment and compromise safety to the road user and others;
Batter Repairs b) defects that are of an offensive nature; and
c) defects as indicated by Inspection Type H
OM301 Surface drainage
OM302 Underground drainage, When determining if a defect is an immediate safety
culverts and hazard the Contractor must consider:
underpasses a) severity and nature of the defect;
OM303 Culvert and pit repair b) extent of the defect;
c) general road condition and prevailing or expected
OM402 Tree and shrub
weather conditions
management
d) location of the defect
OM502 Guard stones e) effect on the road user
f) volume of traffic
Inspections at pedestrian underpasses shall be visually
undertaken on-foot.
OM-02
A11.1.3 Bridge and Culvert Inspections

The reason for bridge and major culvert inspections is to ensure that the Contractors are
undertaking the required care of bridges and culverts, other than those easily seen during the
monthly Conformance Inspection. Generally detailed bridge inspections are not considered
necessary as part of the Conformance Inspection as they are slow and time consuming but

should be undertaken at least six monthly or after a any major flood. Items requiring
inspection are all defect that may affect the structural integrity of the structure including
joints, superficial damage, batter protection and stream scour.
Bridge and Major Culvert Inspection (B)
OM303 Culvert and pit Bridge and Culvert Inspections are to be carried out by an
experienced officer of the Contractor initially within 3 months
repair
of Start Date and then on a regular 6-monthly basis or
OM600 Structures immediately after flooding. To include detailed visual
inspections of all bridges and culvert structures for all
structural defects, superficial damage, batter defects and
stream scour.
The information collected shall be submitted in Form OM-03
A11.1.4 Night Inspection

The reason for Night Inspections is to ensure that while driving at night the road is safe and
signs easily visible. It will also provide the Contractor and the Employer with a different view
of the road under night time driving conditions that may highlight deficiencies that are not
clearly visible during daylight hours. Conducted 6 monthly, then Night Inspection to identify
defective/non reflective or missing, signs, delineators, guideposts, hazard markers, pavement
markings and any potential hazards to the travelling public at night.
The speed should be kept to a level that allows the condition of the listed assets to be observed
clearly and serviceability easily assessed and recorded.
Night Inspection (N)

OM501 Sign maintenance Night Inspections are to be carried out by an
OM503 Guideposts, experienced officer of the Contractor on a 6-monthly
delineators and painted basis by driving all roads in each direction and to cover
trees Standard Jobs as indicated by Inspection Type N
The speed should be kept to a level that allows the

condition of the listed assets to be observed clearly
OM-04
A11.1.5 Emergency Inspection,
Following notice by the Employer.
Emergency Inspection (E)

OM105 Pavement cleaning Emergency Inspections are to be undertaken by the
Contractor immediately when notice is given, by the
OM302 Culvert and pit cleaning
Employer including:
and stormwater drains
a) callouts to road safety/traffic emergencies
OM303 Culvert and pit repair b) observation of a drainage structure, bridges and
OM304 Stream maintenance surface drains during and after heavy rainfall or
OM600 Structures floods;
OM700 Operational Servicing c) observation of safety barriers and road surface is
safe after a road accident; and
d) landslip sites if any.
The site is to be immediately made safe, an estimate of
equipment and materials required for re-establishing
(temporarily) the facility, and the Employer notified.
OM-05
A11.2 Informal Inspections of Service Levels
The Employer may carry out informal inspections of Service Levels as part of his duty. He
may do so on his own initiative, at any time and anywhere on the roads included in the
contract. He must use his own means for those inspections. If he detects any road sections
where the Service Level criteria are not met, he is obliged to inform the Contractor within 24
hours in writing, in order to enable the Contractor to take remedial action as soon as possible.
The results of informal inspections may not be used by the Employer for purposes of
correcting the Contractors monthly statements or applying penalties or liquidated damages,
except for cases in which the road has been completely interrupted and the criteria of Road
Usability has not been met.
A12 Contractor Supplied Equipment
A12.1 Communications Equipment
In accordance with sub-clause 5.3 of the GC, the Contractor is obliged to provide and
maintain permanently operated communications equipment as listed below:
cellular phones (including 3 for Employer and his representatives)

A13 Specification for the Provision of Road Management Information
The following criteria will be applied to all the deliverables required for the ongoing
management of the contract and the road network.
A13.1 Monthly Site Meeting and Monthly Report
Employer and Contractor shall formally meet on a monthly basis to discuss work progress,
claims, and general business. Minutes will be taken at these meetings, and any noted actions
held accountable at subsequent meetings.

The Regional Monsoon occurs during the period 1st June to 30th September of each year.
The formal meetings shall be held on a fortnightly basis during this period. In the event of
excessive rain the formal meeting shall be held at shorter interval on the notice of employer.
Prior to the meeting the Contractor will submit a report consisting of the following elements
A13.1.1 Monthly Statement

The Monthly Statement to be submitted in accordance with sub-clause 49.1 of the General
Conditions shall have the formats as shown in the following pages.
The compliance (or non-compliance) of the Contractor will be reported by the Self-control
Unit to the Employer in the form of tables for which a mandatory standard format is adopted.
There is one table for each road or road section. The tables are part of the Contractors
monthly statement, and they may be complemented by comments for which a specific format
is not required. The format of the mandatory standard table is as shown on the pages after the
Monthly Statement formats.
A13.1.2 Monthly Works Program
The Contractor shall prepare a Monthly Works Program in Form OM 06 for the following
month incorporating:
a) Items identified during Ordinary/Other Inspections
b) Items identified during Inspections carried out under the Contract Quality Plan
c) Initial Rectification Work Items, Periodic Maintenance Work Items and Minor
Improvement Works (Schedules, 2, 3 and 4) as approved by the Employer. Any
items not completed from the previous months program .
Where asset items are not repaired within the Response Time period, the Employer may
deduct payment for those items as per Clauses C6 and C7.
A13.1.3 Monthly Progress
The Contractor shall collect and record information regarding the quantity and the
approximate cost of completed work under the headings of the Tables in Part C of the
Technical Specification. Sample Monthly Progress Report (Form OM07) details the
information required. The report is to be submitted by the 15th day of the next month after the
Monthly Works Program.
A13.1.4 Previous Monthly Minutes
The Contractor is to include the previous monthly minutes detailing actions that have been
carried out since the conduct of the meeting.

STANDARD FORMAT FOR PAVED ROADS MONTHLY STATEMENT
Monthly Statement for Contract No. Contract Name: Contract Month No.: ____
Total length of Road in Contract (Km) Period:________________ (month)
Monthly Payment, 1/60 of Ordinary Maintenance
Length of road excluded (km)
Services L/S (Schedule 1 Item 1)
Length of road to meet required service level _________________ (Rs) (4)
(km) (1)
Payment
Non-compliance
Reduction
Service Level Criteria
Compliance criteria Length non- % Payment
compliant reduction (5) =
(2)/(1)x(3)x(4)
(2) (3)
1. Road User Service Potholes Patching 18 %
and Comfort Surface Depressions & Ruts 6%
Crack Sealing 2 %
Surface Treatment 1%
Pavement Sweeping 2%
Edge Repairs 10 %
Digout Repairs 15 %
Repairs of Concrete Pavement 1%
Unsealed Shoulder Repairs 8%
Unsealed Shoulder Power Grading 3%
Embankment and Batter repairs 1%
Surface drains Cleaning 2%
Pipe, Culverts and Pits Cleaning 4%
Pipe, Culvert and Pits Repairs 3%
Section V: Technical Specification Page: 118
River/Stream Maintenance 2%
Grass Control, Clearing and Grubbing 2%
Tree and Shrub Management/ horticulture 2%
management
Sign Maintenance 2%
Guardstone/Guardrail Maintenance 2%
Distance Stones, guidepost delineators etc 2%
Footways 1%
Roadmarking and Cats Eyes 1%
Bridge and Major Culvert Maintenance 3%
Minor Landslip clearing 1%
Emergency Works and Services 4%
Vandalism Repair 1%
Litter control & Road obstructions / removal of 1%
dead animal
SUB TOTAL
(5)

PAYMENT DEDUCTION SUMMARY FOR CONTRACT
Payment Summary Contract No. ________ / _____ for Month of ________________ 201_
Road Number (s) ____________________________________ Contract month: ___ of ____ (contract period)
Payment Reduction
Service Level No.
Criteria incidents/ Payment Subtotal
Compliance criteria
Days reduction (3) = (1) x (2)
(1) (2)
1. Road User Defined in previous table from previous
Service and table (5)
Comfort
2. Road
Usability
3. Management Failure to provide Patrol Maintenance Unit (PMU) Rs 1,000/day
Failure to complete and Submit Inspections and reports Rs 2,000/day
(Initial/Milestone/Completion/Monthly)
Failure to submit Program of performance (contract Plan) Rs 1,000/wk
Failure to comply to various requirements (quality/ Rs 3,000/event
environment/Traffic Management /Emergency)
(See Cl. C7(iii))
TOTAL DEDUCTION
Note: the above total deduction amount will be deducted from the Monthly Ordinary Maintenance Lump Sum. The total Monthly calculated
deduction shall not exceed monthly ordinary maintenance lump sum for any individual monthly payment in accordance with Clause 51.1 of
the Particular Conditions. For the initial rectification period milestone period there shall be no deduction under item 1 (Road User Comfort).
STANDARD REPORTING TABLE FOR COMPLIANCE WITH SERVICE LEVELS
Contract No.: .. Date of inspection: . INSPECTION OF SERVICE LEVELS FOR THE

Contractor : .. Persons present : MONTH OF .20
CRITERIA
SECTIONS ROAD USER COMFORT
Road From To Complied with Not complied with
[specify] [specify] [insert cross "X" or [insert cross "X" or
leave empty] leave empty]
Usability of the Road: complied with or not complied with. Traffic Speed: complied with or not complied with; average speed was .
..km/h
Prepared by Contractors Self-Control Unit Certified by Employer or his agent
.. [Signature] .
[Signature]

A13.2 Milestone Reporting Requirements
A13.2.1 Initial Road Condition Report
Within 30 days of signing the Contract, the Contractors Road Manager shall submit the Initial
Road Condition Report to the Engineer in charge . The Report shall consist of the following
components:
Initial Condition Survey

a Video graphic Survey
Roughness Results
Environmental & Safety survey
The Initial Condition Survey is to establish a visual baseline of road condition at the time of
commencement of the works. The purpose of this Initial Condition Survey is to confirm and
record:
(a) Those asset features that require Ordinary Maintenance (OM) activities to return the asset
to below Intervention Criteria. The Contractor is deemed to have made full allowance for
this work in his Lump Sum tender and no additional payment will be made to bring such
works back to intervention standard.
(b) Those sections of road where the defect is of a considerable size, inappropriate for an
Ordinary Maintenance repair, and that require the more intensive treatments that are to be
programmed in Initial Rectification, Periodic Maintenance in addition to the identified
Minor Improvement Sections.
(c) Those sections of road that are currently programmed for reconstruction by others. Work
on these sections of road does not require action on Intervention Criteria and is entered
into Clause A7 (ii) in relation to pavement deficiencies. The Contractor is to keep the
pavement surface safe and hazard-free under the provisions of the Lump Sum.
The Contractors Road Manager and the Employer or their Nominated Representatives shall carry
out a joint Initial Condition Survey of the roads and bridges, and shall submit it to the Employer.
Details of the Initial Condition Survey shall be recorded on Form OM 10 as provided at Appendix
C.
The Videographic Survey of all the roads within the Contract is to be completed in accordance
with the Terms of Reference for the Videographic Survey as provided in Appendix E. The video
survey will be taken during daylight hours from the passengers seat of slow moving vehicle with
the camera aligned towards the centre of the road. Video shall also be taken of all bridges and
major culverts to show the aspects of each structure from all angles. The contractor will complete
and formally transmit to the Employer 2 copies of the video within 15 days after the notice to
commence.
The Roughness data is required to establish the actual roughness position of each paved road at
the time of commencement of the works. Roughness will be measured using the methodologies

as covered in Clause E5. The contractor will complete and formally transmit to the Employer the
results of the surveys within 21 days, after start date.
The Environmental and Safety survey is to establish the pre-existing issues so the Contractor
will not be penalised for breaches of these requirements committed by others prior to the
commencement of work.
The Employer will confirm Initial Condition Survey within 21 days. The Employers ruling on
the condition of any item feature will be final.
A13.2.2 Milestone 1 Report
Within 30 days of meeting the Contract Initial Rectification Milestone, the Contractors Road
Manager shall submit the Milestone 1 Road Condition Report to the Employer. The Report
shall consist of a Condition Survey. The Milestone Condition Survey is to confirm that road
condition at the time of the Milestone meets the defined Performance Levels. The Employer will
confirm Milestone Condition Survey within 30 days. The Employers ruling on the condition of
any item feature will be final.
A13.2.3 Milestone 2 Reports
Within 30 days of meeting the Contract Minor Improvement Work Milestone and Periodic
Maintenance, the Contractors Road Manager shall submit the Milestone 2 Road Condition
Report to the Employer. The Report shall consist of the following components:
Condition Survey
a Videographic Survey
Roughness Results
The Milestone Condition Survey is to confirm that road condition at the time of the Milestone
meets the defined Performance Levels. The Employer will confirm Milestone Condition Survey
within 30 days. The Employers ruling on the condition of any item feature will be final.
A13.2.4 Milestone 3 and 4 Reports
Within 30 days of meeting the Completion of years 2 and 3 of the Contract, the Contractors Road
Manager shall submit the Milestone Road Condition Report to the Employer. The Report shall
consist of the Condition Survey and Roughness Results
The Milestone Condition Survey is to confirm that road condition at the time of the Milestone
meets the defined Performance Levels. The Employer will confirm Milestone Condition Survey
within 30 days. The Employers ruling on the condition of any item feature will be final.

A13.2.5 Milestone 5 (Handover) Report
Prior to 6 months of the Completion of the Contract, the Road Manager and Employer shall
conduct a Contract Completion Condition Survey of the whole site and the Contractor shall
prepare a Handover Report. The purpose of the Handover Report is to provide a smooth
transition to the next contract and ensure that the next contractor is aware of any outstanding
issues. The Report will:
(a) Summarize any unresolved issues;

(b) Include the most recent complete set of data on the roads covered by the contract, and
(c) Provide the following details;
(i) A schedule of outstanding defects and liabilities,
(ii) Any unresolved issues, especially those that may impact on the next Contractor,
(iii) Details of any sensitive issues,
(iv) Any ongoing special monitoring/maintenance needs.
Where Standard Job activities are identified outside the specified Intervention Criteria, the
Employer may:
(i) Direct the Contractor to bring the deficient items to within the specified intervention
standard within a designated, or
(ii) Arrange for the rectification of those features by others and in this event a deduction
will be made to the Contract Sum payments due for the full cost of such works.
Contractor is encouraged to update on pre-existing issues identified in the Initial Environmental
Survey through the use of the Contractors Environmental Checklist as per Appendix-F.1
The Employer will provide a written record of the Contract Completion Condition Survey to the
Contractor within 14 days of the completion of the survey. The Employers ruling on the
condition of any item will be final.
A13.3 Updating of Road Administration Databases
The Employer requires data about the assets being maintained under this contract for future
reference. The Contractor shall supply all information necessary and maintain this data in a
condition of accuracy, currency and completeness appropriate for future use which the data is
intended. The following data is to be collected and updated:
Road and bridge inventory and treatment history

Road condition and section rating
Road roughness

Traffic and classification details

Schedule of unit rate analysis for standard maintenance works
The contractor shall be responsible to undertake detailed road condition survey to enable the
Employer to review the annual Periodic Maintenance requirements and develop to prepare
suitable new procurement documents for award of the next contract. Therefore, it will be
necessary to program this survey as a requirement under this contract and have information
remitted to the Employer as detailed in Clause A13.2.
The Contractor shall provide hard and/or electronic copies of the information to the Employer as
reasonably requested.
The Contractor shall make available all the records maintained by the Contractor in relation to
The Works for inspection by the Employer at any time.
The delivery times and updating frequencies shall be within 15 days after the completion of each
Initial Rectification, Periodic Maintenance or Minor Improvement works or at least quarterly
intervals from start date.
Information provided to Employer on this Contract by the Contractor will be used for the purposes
of monitoring and reporting road asset condition. The information remains the property of
Employer and may be used to provide information to tenders on subsequent contracts.
A14 Program of Performance (Contract Plan)
In accordance with clause 17.2 of the General Conditions (GC), the Contractor shall submit a
Program of Performance within twenty-eight (28) days after the signing the contract agreement.
The program shall include, but not be limited, to the following items:
A14.1 Contractors Quality Assurance Plan
The purpose of the Contractors Quality Assurance Plan is to integrate the requirements of the
contract and the Contractors quality assurance systems to deliver the Services.
The Contractors Quality Assurance Plan describes the methods and procedures which the
Contractor will apply for the execution of the Contract, including how the contractor will:
(a) identify the quality requirements specific to the contract,

(b) plan and execute the work to satisfy those requirements
(c) inspect and/or test the work to ensure compliance with the quality requirements
(d) ensure strict document control and structured filing of contract administration documents
(e) record and monitor the results as evidence of compliance
(f) monitor the material supply and delivery processes;
(g) ensure the ability to trace materials incorporated in the works;

(h) undertake testing and measurement requirements;

(i) provide evidence of testing apparatus being recently calibrated;
(j) undertake internal audits;
(k) provide staff training;
(l) demonstrate manufacturers specification confirming compliance of materials;
(m) record of required testing, measurement and design sheets;
(n) document all non-conformances; , and
(o) ensure that prompt action is taken to correct non-compliance.
The Contractors Quality Assurance Plan must clearly describe the systems, procedures and
methods that will be used to deliver and monitor compliance of the Services.
The plan is to be sighted and agreed by the Engineer in charge within 8 weeks of the
commencement of the contract. If a modified Contract Quality Plan is not presented by the
Contractor within 8 weeks, the sample Draft Quality Plan, issued with the Bidding Documents,
shall be the approved Contract Quality Plan until other modifications to work practices and
responsibilities are presented by the Contractor and approved by the Employer. A non-refundable
weekly penalty of Rs 1,000 shall apply until the Plan is presented.
The Contractor shall carry out all works in accordance with the approved Contract Quality Plan.
This Quality Control plan shall comply with the requirements of Section 900 of the MoRTH
Specifications with respect to testing frequencies and specified tolerances where applicable. The
practices and performances of the Contractor will be observed and audited against the agreed
Plan.
The Contractor shall establish a qualified engineer within his own organizational structure whose
task is to verify continuously the degree of compliance by the Contractor with the required
Response Codes. That contractors engineer will also be responsible for the generation and
presentation of the information needed by the Contractor for the Maintenance Program
Compliance Sheet (OM08 in Appendix C). It will require a system that is able to document a
detailed and complete knowledge of the condition of the network and to program the management
and maintenance requirements. The Contractors Maintenance Engineer is also obliged to carry
out, in close collaboration with the Employer or his representative, the regular quality inspections
of the contracted network.
The Employer shall instruct the Contractor to revise and or resubmit this Quality Plan if
amendments are required for the Quality Plan to be deemed suitable for the Contract. The
Contractor shall give every assistance to the Employer in carrying out any document and/or field
audits that the Employer may require.
The compliance (or non-compliance) of the Contractor in achieving the Response Time for
Ordinary Maintenance will be reported monthly by the Contractor to the Employer in the form of
the Maintenance Program Compliance Sheet. The sheets form part of the Contractors monthly
invoice, and shall be submitted with the Monthly Works Program (OM06). Where there is a noted
non-compliance, the Non-Conformance Report (OM09) should be similarly submitted stating
reasons. As non-compliance may result in a payment penalty, so it would be in the Contractors

best interests to fully explain the reason for not achieving the Response Time. These sheets form
the basis of any dispute and will be periodically audited by the Employer against the Contractors
monthly program.
A sample quality plan is offered as part of the bidding documents. This plan will serve as a
temporary quality plan until the Contractor submits his own details. An electronic copy
will be forwarded to the successful bidder.
A14.2 Health and Safety Management Plans
If required in the Particular Conditions of Contract (PC) the Program of Performance shall include
a Health and Safety Management Plan.
The purpose of the Health and Safety Management Plan is to foster a responsible attitude towards
occupational health and safety and to comply with the provisions of the relevant act/regulations
detailed in Section V part H.
Because of the nature of the Services, the Contractor may occasionally be exposed to hazardous
situations which could involve risk of various degrees of harm, to the contracting staff and/or the
public.
Situations will arise when it is not practical to eliminate or isolate significant hazards. In these
situations the hazards must be minimized by ensuring planned protection systems (e.g. equipment,
clothing) are actually used.
The Health and Safety Management Plan must be complied with by the Contractors personnel
and all subcontractors at all times.
The Health and Safety Management Plan shall, when implemented in accordance with the plan
requirements:
(a) Ensure the systematic identification of existing and new hazards on the work site(s)
(b) Ensure the minimization of significant hazards, where elimination and isolation are both
impractical
(c) Ensure the provision and use of appropriate protective measures
(d) Include emergency procedures for dealing with accidental spillage, pollution or imminent
danger.
(e) Ensure regular review and assessment of each hazard identified and monitor employees
exposure to these hazards.
(f) Ensure reporting and recording of work site safety incidents so health and safety problems
can be addressed quickly and regularly. It is a requirement of this Contract that any such
incident be advised promptly to the Employer.
(g) The Delivery Time for the initial Health and Safety Program shall be not later than 21
days after the Start Date.

A14.3 Emergency Procedures and Contingency Plan
The Program of Performance shall include an Emergency Procedures and Contingency Plan
which shall establish the roles, practices and procedures during specific types of emergency
events identified in the plans and contingency plans associated with the closure of roads. The
Emergency Procedures and Contingency Plan must be developed by the Contractor and agreed
with the Employer and any other stakeholders the Employer may identify.
The purpose of the Emergency Procedures and Contingency Plan is to ensure the safety of the
contractors personnel and road users in the case of emergency and/or road closure. It should
include:
an effective communication and event recording system

the name, contact number and specific duties of the contractors personnel nominated to
respond to an emergency event
the contact number of other parties who need to be notified in cases of emergency events,
e.g. police
detailed response procedures for all emergency events
possible detour routes in the event of road closure
The Delivery Time for the initial Emergency Procedures and Contingency Plan shall be not later
than 21 days after the Start Date.
The contact for Emergency Calls will be the RCD Executive Engineer and Contractors
Maintenance Engineer.
A14.4 Traffic Management Plan
The Program of Performance shall include a Traffic Management Plan. The Traffic Management
Plan establishes the practices for traffic management at work sites. The Traffic Management Plan
must be developed by the Contractor and agreed with the Employer. The Contractor shall
effectively implement all traffic management requirements in accordance with MoRTH Clause
112 and Clause B7 of the Technical Specifications in respect of all works under the Contract.
The objectives of the Traffic Management Plan are to:
(a) clearly define and document the responsibilities and chain of command for the
development, implementation and management of traffic control measures and systems
(b) establish the minimum requirements for temporary traffic control
(c) establish the minimum geometric, cross section and surfacing standards for temporary
works
(d) provide appropriate transitions and enable safe and efficient traffic flow into, through and
out of work sites
(e) protect the Contractors personnel at all times

(f) protect the Assets and the Contractors resources at all times.
(g) meet the operational requirements for the road
The Traffic Management Plan must include at least the following:
A documented process for preparation, review and approval of the Traffic Management
Plan
A document tracking and control system to ensure that only the latest operative copy of
the Traffic Management Plan is in circulation
Contact details for Contractor, Principal, emergency services and other stakeholders
Layout diagrams, method statements etc for implementation of traffic control while
undertaking each aspect of the Services (including site specific layout diagrams and
method statements if the Services require traffic control measures not covered by standard
codes of practice)
The Delivery Time for the initial Traffic Management Plan shall be not later than 21 days after the
Start Date.
A14.5 Environmental Management Plan
The Program of Performance shall include an Environmental Management Plan. The plan shall
address but not be limited to the Environmental issues defined in Section V Part H
Environmental and Social Requirements.

Section V, Part B
General Specifications
Part B General Specifications

1. General
2. Reference to MoRTH Specification
3. Special Clauses to Specifications
4. Amendments to Specifications
5. Amendment to Material Specifications
6. Testing of Material & Works
B.1 GENERAL
Not withstanding the provisions of Clause 24 and 30 of the General Conditions, the works and the
materials used by the Contractor shall comply with or exceed the requirements relevant sections of
the Ministry of Road Transport and Highways (MoRTH) Specifications for Road and Bridge
Works (4th Revision 2001, published by IRC) and these General Technical Specifications shall
form part of the Contract. Amendments to these MoRTH specifications applicable to this Contract
are detailed in this Section.
B.2 REFERENCE TO MoRTH SPECIFICATION
All relevant clauses of MoRTH, except to the extent modified in this document shall apply to this
contract.
B3 Special Clauses to Specifications
Additional clauses to the MoRTH Specifications for Road and Bridge Works (4th Revision
2001, published by IRC), Section 3000 for Ordinary Maintenance Activities..
(i) Potholes General
All potholes are to be prepared as specified in Clause 3004 amended as follows:
The area to be patched/repaired shall be located by the Contractor. They shall be
cut/trimmed with a jack hammer. The edges shall be cut vertically up to the level where
the lower layer is suitable without any loose material. The areas shall be thoroughly
cleaned with compressed air to remove all dust and lose particles. The excavations shall
then be filled with material as mentioned hereunder in layers not exceeding 75mm,
painting the sides and bottom of any existing bituminous layer with a thin layer of hot
straight run bitumen or emulsion. Each layer shall be compacted with approved
mechanical tampers/ vibratory roller and the top layer shall be flush with existing
bituminous surface (no skin patches are allowable). All loose and/or surplus materials on
the surface shall be removed.
(ii) Deep Potholes (Depth extends beyond bituminous layer into the granular base
course).
The area to be repaired shall be excavated and prepared as described in item (i) above.

The excavation shall be filled up with base course material Grading No 3 (Table MoRTH
400-7) with screening (as per Clause 404.2) each layer not exceeding 75mm in thickness
duly compacted up to the existing crust thickness less 25mm. A thin layer of hot straight
run bitumen or bitumen emulsion shall be applied as per MoRTH Clause 502 and 503 over
the top of the horizontal surface of repaired pothole and the vertical sides. The top 25mm
portion above the repaired pothole shall be filled up by an emulsified bitumen mix
compatible with the existing layer or as approved by the Engineer-in-charge and duly
compacted.
(iii) Shallow Potholes (Depth limited to the extent of thickness of existing bituminous
pavement).
The area to be repaired shall be excavated and prepared as described in item (i) above.
A thin layer of hot straight run bitumen or bitumen emulsion shall be applied as per
MoRTH Clause 502 and 503 over the top of the horizontal surface of repaired pothole and
the vertical sides. The excavation shall be filled up with an emulsified bitumen mix
compatible with the existing layer or as approved by the Employer in layers not exceeding
75mm in thickness duly compacted. The finished surface of repaired pothole shall be up to
top of existing bituminous pavement, and left slightly proud (up to 5mm) following
compaction.
B4 Amendments to Specifications
Details of Initial Rectification Work Items, Periodic Maintenance and Minor Improvement Works
are detailed below:
INITIAL RECTIFICATION
Item No:2.1
(a) Providing Tack Coat with Bitumen Emulsion
Specification MoRTH clause 503, Tack Coat shall be applied clean and prepared surface
with 80/100 grade Bitumen or Emulsion @ rate of 0.20 kg per sqm uniformly distributed
using hand spray gun or pressure dissipater for areas >100 sqm at one location.
(b & c) Supply and placing BM & SDBC
Applicable for areas > 25m2
Specification - MoRTH Clause 504, 508 (Grading 2)
BM & SDBC layer with 60/70 GRADE BITUMEN/ VG 30 shall be used to carry different
areas of pavement repairs. The Bituminous may be hand manual or paver laid and
including compaction. The percentage weight of Bitumen of total mix is 3.3% for BM and
4.5-5.0 % for SDBC.

Where the section of the road being repaired is scheduled under PM works for a
bituminous overlay, all regulation works shall be completed a minimum of 1 month prior
to the execution of any SDBC bituminous overlay.
(d) Repair of Minor Digouts and Failed Sections
Specification Section B3, MoRTH Clause 406, 503, 504,508, 304, and 305.4.3
Minor dig-outs and failed sections are to be treated in accordance with Section B3 of this
specification. The depth of all digouts shall be a minimum 200mm and all excavated
material shall be removed from the site. Where full depth excavation is required, the limit
of excavation shall be 25mm below the existing subgrade level.
Work shall include the supply, placement and compaction of Base coarse material and the
construction of a surfacing layer of 25mm SDBC, including tack coat.
.
(e) Light Surface Sealing
Applicable for areas > 50m2 in single isolated area or where exceeds 10% of pavement
area in a Hectometre concern.
Specification as directed by Engineer-in-charge.
A light seal of bitumen emulsion and 7mm aggregate shall be applied to areas of badly
cracked pavement, provided the pavement is sound.
Where the section of the road being repaired is scheduled under PM works for a
bituminous overlay, all crack repair works shall be completed a minimum of 1 month prior
to the execution of any SDBC bituminous overlay.
(f) Slurry Seal
Specification as directed by Engineer-in-charge.
A premixed bitumen emulsion and coarse sand (3mm), raked and compacted, shall be
applied to seal cracks, fill voids, minor depressions and distressed seal, provided the
pavement is sound.
Where the section of the road being repaired is scheduled under Initial Rectification,
Periodic Maintenance or Minor Improvement works for a bituminous overlay, all slurry
sealing works shall be completed a minimum of 1 month prior to the execution of any
SDBC bituminous overlay.
(g) Edge Repair with edge break> 100mm in width
Applicable for lengths > 20m at any one location

Specification - MoRTH Clause 503,501,504 and 407

Repair major edge breaks up to 450mm in nominal width, with size 10mm bitumen premix
to maintain the nominal seal width. Works shall include the supply and compaction of
granular shoulder material against the repaired edge for support to a nominal width of
0.5m
(h) Any additional activity necessary to acheive the service level objectivies.
Item No: 2.2

(a) Material for roadside repairs - /
Specification - MoRTH Clause 407
Construct Gravel shoulders as per MoRT&H Specification 401 & 407 for road side repairs
as directed by the Engineer-in-charge.
(b) Removal of Land Slip Material/Debris/unsuitable material Applicable for volume > 5m3 at
any one location
(c) Earth work excavation in all soils
Excavation shall be done as directed by the Engineer-in-charge
Payment shall be made at the scheduled rate for the volume of work in cubic metres as
measured and agreed on Site with the Employer or delegated representative
Where directed by the Engineer-in-Charge under Emergency Works, material from major
land slips/Debris/unsuitable material shall be removed and carted to a spoil site approved
by the Engineer-in-Charge. Work shall include clearing all debris and material from the
site, loading, cartage to spoil and disposal.
Item No:2.3
Clearing and Grubbing Scrub/Light Jungle/Heavy Jungle
Applicable at jungle prevailing areas within 5 m width from pavement edge and at all curves
where minimum sight distance is obstructed .
Specification as directed by Engineer-in-charge
The Jungle shall be cleared and the roots shall be uprooted as per specification and such
cleared jungle shall be burned to ashes.
Item No: 2.4

(g&h) CC of different grades

MoRT&H Section No. 1500,1700,2100,2200
Laying of Concrete shall be done as directed by the Engineer-in-charge.
(a to f & j) Plastering,Pointing, Random Rubble works, Grouted Pitching, , painting and white
washing
Specification - MoRTH Clause 1300, 1400, 2200 & 2504
Construction and application of pointing, revetment, CRS works and white washing as
directed by Engineer-in-charge.
Item No:2.5
Sign boards, KM stone, and Guard /Guide/Boundary pillar
MoRTH Specification (Suggestive) 801, 804 and 806
Providing and fixing of road studs, sign boards, KM stone, HM stone and Guard, Guide,
Boundary pillar on the road as directed by Engineer-in-charge.
Item No:2.6
(a) Thermoplastic road marking
MoRTH Specification No.803
Providing and applying thermoplastic road marking paint on the pavement surface as
directed by Engineer-in-Charge.
(b) Fixing Sign boards, KM stone, and Guard /Guide/Boundary pillar
Providing and fixing of road studs, sign boards, KM stone and Guard, Guide, Boundary
pillar on the road as directed by Engineer-in-charge.
PERIODICAL MAINTENANCE
Item No: 3.1& 3.2
Tack Coat
MoRT&H Specification No. 503
Applying of tack coat for SDBC and BM as directed by Engineer-in-charge.
SDBC
MoRT&H Specification No. 508,

Construction of SDBC, with Bitumen 60/70 grade (or VG 30) of 4.5-5.0% total weight, as
directed by Engineer
Thermoplastic road marking
MoRTH Specification No.803
Providing and applying thermoplastic road marking paint on the pavement surface as
Fixing Road Studs
Providing and fixing of road studs, sign boards, KM stone, HM stone and Guard, Guide,
Boundary pillar on the road as directed by Engineer-in-charge.
Gravel material for roadside repairs
Construct Gravel shoulders as per MoRT&H Specification 401 & 407 for road side repairs
as directed by the Engineer-in-charge.
MINOR IMPROVEMENTS
Tack Coat (Item4.6)
Applying of tack coat for SDBC and BM as directed by Engineer-in-charge.
Payment shall be made at the scheduled rate for the area of work in square metres as measured
and agreed on Site with the Engineer-in-Charge or delegated representative
Bituminous Macadam (Item 4.7)
MoRT&H Specification No. 504, 521 (Modified Binder)
Construction of BM, with 60/70 Grade(or VG 30) Bitumen of 3.3% total weight, as
measured and agreed on Site with the Engineer-in-charge or delegated representative.
Scarifying the existing Bituminous Surface (Item 4.1)
MoRT&H Specification No. 305.4.3
Scarification shall be done as directed by the Engineer-in-charge.
Payment shall be made at the scheduled rate for the area of work in square metres as

Construction of Granular Sub-base (Item 4.3)

Construction of GSB shall be done as directed by the Engineer-in-charge.
measured and agreed on Site with the Engineer-in-Charge or delegated representative.
Providing, Laying Wet Mix Macadom (Item 4.4 )
Laying of WMM shall be done as directed by the Engineer-in-charge.
Providing and laying Surface Dressing (Item4.5 )- as per MORTH specification payment shall
be made at the schedule rate for the area of work in sqm as measured and on site agreed by
Engineer-in-Charge or delegeted representative.
Laying of SDBC(Item4.8)
Laying of SDBC shall be done as directed by the Engineer-in-charge.
CC and RCC of different grades (Item 4.12 ,4.13,4.14,4.15)
MoRT&H Section No. 600,1500,1600,1700,2900,2000,2100,2200,2300,2600, 2700
etc.,
Laying of Concrete shall be done as directed by the Engineer-in-charge.
Earth Work Excavation of Soils (Item4.9 )

Excavation shall be done as directed by the Engineer-in-charge.

Sand Filling (Item4.10 )

Sand Filling shall be done as directed by the Engineer-in-charge.
Grouted Revetment (Item4.16 )

Grouted Pitching shall be done as directed by the Employer
Payment shall be made at the scheduled rate for the volume of work in cubic metres
as measured and agreed on Site with the Employeror delegated representative.
B5 Amendment to Material Specifications

The following changes are noted to the MoRTH Specifications
Use of Bitumen Emulsion
An emulsified bitumen mix compatible with the existing layer shall be used as the top surfacing of
deep pothole or for complete shallow potholes.
The bituminous mixture used for such patch repairs shall be in accordance with MoRTH Section
3004.
The Contractor shall use only bitumen emulsion in carrying out any crack sealing or light
surface sealing. A hand or electric emulsion pump shall be used to evenly distribute or spray
the emulsion.
Drummed bitumen or drummed cutback bitumen will not be an acceptable substitute unless for
the production of storable premix or bituminous or approved by the Engineer-in-charge.
B6. Testing of Materials and Work

The Contractor is informed that no known borrowing pits are located in the contract area and that
it will be the responsibility of the Contractor to locate his own resources required for this contract.
Prior to the extraction of materials for use on the roads included in the contract, the contractor is
obliged; (i) to carry out the laboratory tests necessary to determine the quality of the materials, (ii)
he has satisfied himself as to the sufficiency of the technical characteristics and the quality of the
materials he intends to use for the intended purposes, (iii).the extraction is in conformity with the
legislation and (iv) he has informed the Employer of his intention to utilize the material. Under

no circumstances may the Contractor make any claims based on the insufficient quality of any of
the materials he has used
Further to Clause 20 of the General Conditions, the Contractor is to ensure the following.
a) Responsibility
The Contractor shall be responsible for the carrying out of all tests of materials and work
required under the Contract. The Contractor shall establish or have full access to a fully
equipped laboratory to carry out all required tests and quality control work. The Contractor
shall permit full access to the laboratory for Employer staff to undertake any testing
required by them.
b) Testing Costs
The Contractor shall bear the full expense of all establishments, management, and
incidental costs in carrying out the required tests for all works. All such costs shall be
deemed to be included as part of the Lump Sum component for OM as applicable payment
in Schedule 1 under the Contract.
c) Sampling
All sampling whether carried out by the Employer or the Contractor shall be carried out in
the presence of an authorized representative of the Contractor and the Employer. At least
24 hours notice is required for both parties to attend any sampling for testing purposes.
Where the Contractors representative fails to attend the results of such sampling will be
notified to the Contractor and will be deemed authentic.
d) Testing Frequency
In the event that the frequency of testing is not detailed in the Specifications for any
specific item of material or works, it shall be as instructed by the Employer.
e) Test Results
The Contractor shall furnish all test results to the Employer as a monthly summary or at a
frequency directed by the Employer. The Employer may withhold payment for those
works where test results have not been verified.
B7. Traffic Management
In addition to the Traffic Management requirement of MoRTH Clause 112 the Contractor is to
ensure the following.
The Contractor is responsible to ensure the safety of their workers and road users, including non-
motorized road users and pedestrians, by installing and maintaining at his cost, adequate signalling
and demarcation of work sites, which in addition must comply with the applicable legislation.
If the execution of services and works under the Contract is likely to interfere with traffic, the
Contractor shall take at his cost the measures necessary to limit such interference to the strict

minimum, or any danger to the workers or others. For that purpose, he is entitled to install, within
the right-of-way of the road, temporary bypasses, structures or other modifications to be used by
traffic during the execution of works and services. The Contractor shall notify the Employer prior
to implementing any such temporary installations.
On both sides, suitable regulatory / warning signs as approved by the Employer shall be installed
for the guidance of road users. On each approach, at least two signs shall be put, one close to the
point of actual working zone and the other 100 to 150 m away as advance warning sign. The signs
shall be of approved design and of reflective type.
If the execution of Works and Services by the Contractor makes it necessary to temporarily close a
road section, and a traffic detour has to be implemented over other public roads or streets, the
Contractor shall be responsible for the cost of constructing the detour and placing adequate
signalling of the detour. Additionally, if the installation of a detour is necessary due to the failure of
any drainage structures, the Contractor shall construct a detour with adequate signing for the safe
passage of the travelling public.
The Contractor shall inform the Employer, Local Authorities and the local Police about such
activities to be carried out by him which may cause any significant interruptions or changes to the
normal traffic patterns. Such information shall be made in writing and at least seven (7) days before
the beginning of such activities. Upon request from the Contractor, the Employer shall assist the
Contractor in the coordination with the local authorities and the local police.
The cost of implementing all traffic management provisions shall be deemed to be included in the
Lump Sum component for Ordinary Maintenance, Initial Rectification, and Periodic Maintenance
and in the rates of Minor Improvement Works.
The Contractor is to take note of the following special circumstances:

(i) Obstruction to traffic
If broken down vehicles or any other cause obstructs the road, the Contractor shall take the
following steps to safeguard traffic:
a) Provide any signs, traffic controllers, etc., necessary to protect the public;
b) If the person responsible can be located, ask them to remove the obstruction
immediately;
c) In cases of serious obstruction or obstructions which may remain overnight, inform
the Employer who may direct action to be taken by the Contractor.
(ii) Private entrances
Any person wishing to construct a private entrance to a property must first obtain the consent of
the Employer. Any new entrance observed by the Contractor, shall be reported to the Employer
for his information and action.
The maintenance of the surfacing of a private entrance is the responsibility of the owner,
however the Contractor shall maintain all private entrance culverts as part of the Lump Sum.

The Employermay direct that a private entrance culvert, which has been installed without
approval, but otherwise satisfies the Employersrequirements, remains the responsibility of the
owner.
(iii) Disposal/ Dumping of Municipal Solid Waste or construction debris by the local population
and authorities
The contractor shall report the matter to the Employerimmediately on such dumping for their
necessary corrective action.
Section V, Part C
Ordinary Maintenance Specifications
Part C Specifications for Ordinary Maintenance Works

1. General
2. Patrol Maintenance Unit
3. Specification of Service Level Criteria
4. Specification for Road User Services and Comfort Measures
4.1 Paved Roads
4.1.1 Service Level
4.1.2 Variation & Gradual Appliance
4.1.3 Procedure for Inspection
4.2 Signage & Safety
4.2.1 Service Level
4.3 Drainage
4.3.1 Service Level
4.4 Vegetation
4.4.1 Service Level
4.5 Structures
4.5.1 Service Level
4.6 Shoulders & Batter Slope Stability
4.6.1 Service Level
4.7 Operational Servicing
4.7.1 Service Level


5. Specification for Usability of Road
5.1 Service Level
5.2 Variation & Gradual Appliance
5.3 Procedure for Inspection
6 Adjustment for Periodic Maintenance, Minor Improvement and deleted Sections
7. Payment Reduction and Liquidated Damages
C1 General
The Contractor shall maintain each asset item to the specified Intervention Criteria and
service levels as part of the Contract Lump Sum for the criteria.
Sealed Pavement
Signage and Road Safety
Drainage
Vegetation
Structures
Shoulders Batters & Slope Stabilisation
The Contractor is deemed to have carried out preliminary surveys of the relevant Roads
prior to bidding in order to evaluate all Ordinary Maintenance (OM) related obligations
and to assess the annual Lump Sum cost of OM.
The Ordinary Maintenance (OM) shall be carried out on all Roads covered by the Contract
to the specified service quality levels for a period of 5 years, including:
o The provision of management services as required for the duration of the Contract,
o Provision of committed PMU vehicle/s to carry out OM responsibilities,
o Undertaking regular condition surveys, including regular monitoring and reporting
of the condition of all Roads under the Contract,
o Undertaking inspections at the frequencies required (as a minimum) and
identifying defects and carrying out maintenance works,
o Establishing programs for Ordinary Maintenance based on meeting required
intervention standards,
o Scheduling maintenance work to meet the required maintenance standards.
o Providing effective traffic management for all works undertaken to ensure public
safety and the safety of the Contractors workforce,
o Maintaining records of all work undertaken,

o Provide a Quality Plan for the Employers approval within 8 weeks of the Start
Date and implement all quality management requirements.
In respect to area of responsibility for works by others the following shall apply:
(i) Rail crossing repairs
The Contractor shall be responsible for repairs to pavement in the immediate vicinity of rail
crossing. Where defective rail lines are the cause of damage to the pavement, the Contractor
shall notify the Employer.
(ii) Restoration of road openings
In general, Employer is responsible to reinstate all service utility road openings undertaken by a
Service Authority or its contractors. The Employer may direct that temporary reinstatement or final
restoration is be carried out by the Contractor as a variation to the Contract or at a fixed cost outside
the Contract. The Contractor is to notify the Employer immediately when any new road opening is
noted.
Where the road surface fails above a completed restored road opening, the Contractor shall repair the
defect as part of the Lump Sum
The cost of implementing the above provisions shall be deemed to be included in the Lump Sum
component for OM
C2 Patrol Maintenance Unit (PMU)
The Contractor shall provide and run daily, except on Sundays and holidays permitted by the
Employer, a minimum of one committed Patrol Maintenance Unit (PMU) comprising personnel
and equipment to undertake the carrying out of the Ordinary Maintenance Lump Sum works as
specified.
The PMU shall be a new truck (minimum 6 tonne) well fabricated and GPS enabled to meet the
requirement, painted and labelled appropriately for safety and public awareness to the Employers
satisfaction. Each PMU shall have as a minimum requirement:
a) 1 No. Patrol Foreman
b) 1 No Heavy Vehicle Driver
c) 5 No. Maintenance Workers
d) PMU to be equipped with 2 no Mobile Phone
e) 1 No. Jack Hammer
f) 1 No. Compressor
g) 1 No. Vibrating Plate Compactor
h) 1 No. Chainsaw
i) 1.0. m3 Cold Storable Bituminous Premix and 0.5 m3 of sand
j) 2 No. Half Road Closed Signs
k) 2 No. Road works Ahead Signs
l) 12 No. 300 mm plastic high visibility coloured traffic cones
m) 200 kg drum of Bitumen Emulsion

n) A hand (or electric) Emulsion Spray Pump

o) 200 litre drum of Water
p) 2 No. Rakes
q) 2 No. Long Handle Shovels
r) 2 No. Long Handle Heavy Duty Brooms
s) 2 No. Picks
t) High Visibility Jackets (Uniform) for all the PMU crew
u) Foldable aluminium ladder.
v) Operational Flashing amber lights fitted to the Patrol Truck
w) Patrol Maintenance Unit (PMU) Vehicle Identification visibly painted on Vehicle
(Contractors Name, Clients Name, Road Names, Unit No., and Emergency Contact
Phone No.)
The above resources shall be engaged full time per PMU on the Ordinary Maintenance Lump Sum
activities (Standard Jobs) for works under this Contract, for a minimum of 8 daylight hours per
day from 8.00 AM to 5.00PM with 1.00 hour lunch break from Monday to Saturday inclusive.
Failure by the Contractor to provide the above resources will result in payment deductions to the
Contractor for the Ordinary Maintenance component of the works as provided in Clause C7 of this
Technical Specification.
The PMU shall also be the "Initial Emergency Response Unit" and shall have the capability of the
following:
Capable to hold a half cubic metre of sand (or other suitable absorptive or
granular material depending on the nature of the requirement);
After hour response a minimum two person crew;
Emergency kit of temporary warning signs, flashing lights, barriers, safety
clothing, shovels and brooms.
Also the PMU must carry at all times the Emergency No. of Police, Fire, Ambulance,
Medical/Hospital centre along entire route to facilitate help in event of accidents and emergency
encountered. A listing of all emergency contact phone numbers shall be circulated by the
Contractor to all relevant officers, including the Contractors staff and the Employer prior to the
Start Date.
The contractor will be paid a monthly lump sum towards the net procurement cost i.e. initial cost
of truck excluding residual value of truck added with diminishing rate of interest as per bank
interest rates. However the operational costs are treated to be included in OM monthly lumpsum
The Contractor shall use additional resources for carrying out all Initial Rectifications, Periodic
Maintenance and Minor Improvement works.
C3 Specification of Service Level Criteria
This section specifies the Service Levels to be complied with in the case of paved roads. There are
three overall criteria:
Road User Service and Comfort Measures
Road Usability

Project Measurement Requirements
C4 Specification of Road User Service and Comfort Measures

C4.1 Paved Roads (Table C4.1.1 OM100)
The following notes requirements are to be read in conjunction with the Specifications as stated in
Section V part C and Table C4.1.1
Further to Table 4.1.1, the following requirements are to be addressed by the Contractor:
(i). Potholes (OM 101):
No pothole is to be left untreated on any section of the road. Potholes causing a
threat to public safety area >0.02 sqm will be repaired with in 1 day, others shall be
repaired within the Response Time. Potholes will be detected by visual inspection.
(ii). Surface Depressions (OM 102):
No depression greater than 70mm depth when measured under a 1.2 metre straight
edge are permitted. Repairs are to be responded within 2 days of detection.
Rutting and other surface roughness greater than 30mm under a 1.2 metre straight
edge in isolated areas >10m2 is to be completed in the Response Time.
(iii). Crack Sealing (OM 103)
Cracking greater than 5mm wide is to be sealed within the Response Time.
Cracking is detected by visual inspection. It is of particular importance that crack
sealing is completed prior to the end of the work season each year or the date
predicted for the onset of the wet season and before the commencement of the
Periodic Maintenance program. Where the cracking is of crocodile nature,
treatment may be by Surface Treatment as outlined in item (iv) below.
(iv). Surface Treatment (OM 104)
A light surface seal (> 5m2 at any one location) will be placed over solid pavement
areas which are moderately distressed with fine surface cracking. The Contractor
shall thoroughly sweep and clean the area to be treated, and seal any cracks > 5mm
or crocodile cracks with bitumen emulsion. Any pavement weaknesses should be
brought to the attention of the Project Manager before work commences.
Seal the surface as per SOR Type A clause 5.12. The surface shall be protected
from traffic until the seal has properly set. All loose material shall be swept and
removed from the site prior to full trafficking.
The bitumen emulsion shall be Cationic Rapid Setting, conforming to the
requirements of IS: 8887.

(v) Pavement Sweeping (OM 105)

Where a spillage of hazardous materials has occurred after an accident i.e. oil,
glass, debris etc or in other emergency event, the pavement shall be cleaned of the
offending materials immediately. The Contractor shall bring this type of incident
to the notice of the District Administrator and the regional office of the state
pollution control board about the incident. This shall also apply to unauthorised
deposition of household or industrial waste onto road pavement or shoulders.
Build-up of silt, dirt or gravel, particularly at intersections and against central
medians that may cause braking cars to skid shall be removed.
(vi) Edge Repair (OM 106)
The edge of the road surface should be free of excessive fretting or beaks of the
surfaced width and erosion that will encourage water ingress into the pavement and
result in unsafe ride quality for vehicles forced to use the shoulder of the
carriageway. All breaks >100mm shall be repaired in the Response Time.
(vii) Dig out Repair (OM 107)
Identify the cause of failure and appropriate treatment. Ensure the cause is removed
either prior to or as part of the repair. If necessary, stabilize the sub-grade with
lime, cement or geo-textile and if seeping water is present, install subsoil drains.
Repair shall be undertaken in accordance with Section V of this specification. Dig
outs < 5m2 will be considered for repair.
(viii) Repair of Concrete Pavement (OM 108)
The repairs to broken concrete or bituminous joint material, to preserve underlying
pavement material and restore the riding surface to a smooth condition. Identify the
extent of damage and appropriate treatment. Work shall include preparing and
cleaning the existing concrete and removing any loose, spalling material. Exposed
reinforcing shall be repaired/replaced and new M35 concrete placed, vibrated,
finished and cured. Repair >0.25 sqm will be considered for repair.
C4.1.1 Service Level
The service level criteria for road user service and comfort on paved roads are defined as
follows

Table C4.1.1 Standard Jobs, Intervention Criteria and Response Times for Paved Roads
Response Time Unit of
Standard Job Description Intervention Criteria
Inspection** Repair Work
OM101 POTHOLE PATCHING Potholes in traffic lane of a sealed pavement >
H 1day
Treatment of isolated failed pavement areas in traffic 0.02 sqm
lanes using appropriate materials to repair the defect 1 cum.
and restore the riding surface to a smooth condition. Repair all potholes R 1weeks
OM102 SURFACE DEPRESSION and RUT PATCHING Deformations greater than 70mm under a 1.2 m
H 2 days
Application of a levelling course of bituminous straight edge
materials to depressed or rutted areas of pavement 1 cum
Deformations greater than 30mm under a 1.2 m
R 4 weeks
straight edge
OM103 CRACK SEALING
Filling of cracks and joints, excluding crocodile
All cracks > 5 mm. width
cracking, using liquid bituminous sealants in R 4 weeks 1 m2
accordance with monthly works program.
OM104 SURFACE TREATMENT

Treat when:
Application of bituminous materials and cover
(a) stripping/ravelled > 30% loss of aggregate for
aggregate areas of pavement with:
an area >5 m2
(a) loss of aggregate (surface ravelled); R 4 weeks 1 m2
(b) bleeding/flushing for an area >5 m2
(b) bleeding and flushing; or
(c) all crocodile cracking
(c) laminated asphalt surface.
(d) delaminated surface >0.25m2
OM105 PAVEMENT SWEEPING When fallen debris, slippery substances,
Cleaning/sweeping of pavement including at accumulation of granular material, ponding of
H 1 day
intersections, kerbs and channels to remove debris water or any other obstacle becomes a danger to
which is a danger to traffic or pedestrians or which traffic or pedestrians 1 m2
prevents the free drainage of the pavement. When accumulation of aggregate, dirt or debris
R 4 weeks
prevents the free drainage of the pavement
**Inspection Frequency: H (Hazard) - weekly; R (Routine) monthly; B (Bridge and Major Culverts) 6 monthly; N (Night) 6 monthly; E (Emergency) immediate
or as directed
Response Time Unit of

Standard Job Description Intervention Criteria
Inspection** Repair Work
OM106 EDGE REPAIR When break becomes a hazard H 1 day
Repair of broken edges of seal, to line and level to
maintain nominal sealed width. When edge break exceeds 100 mm. laterally over 1 cum
R 4 weeks
at least a 1 m length from the nominal seal line.
OM107 DIGOUT REPAIR When break becomes a hazard
2 H 1 day
Treatment of isolated failed pavement areas > 0.25 m
by replacement with new material or improvement of 1 m2
existing material, including reinstatement of road All failed areas R 1 weeks
surface.
OM108 REPAIR OF CONCRETE PAVEMENT
Repair isolated areas of damaged concrete pavement All damaged areas R 4 weeks 1 m3
< 0.25m2
or as directed
C4.1.2 Variations and gradual compliance with Service Levels for Paved Roads
In order to respect the Contractors initial mobilization period, compliance with any of the
service level criteria is not expected during the period of initial rectification.
C4.1.3 Procedures for Inspection of Paved Roads
For the formal inspections of compliance with Service Levels, the Contractors Self-control Unit
will work in close collaboration with, and under supervision of the Employer. The physical means
needed for the inspections will be provided by the Contractor; they are the same which are
normally used by the Self-control Unit for the continuous self-evaluation of the Contractors
compliance.
C4.2 Signage and Road Safety (Table C4.2.1 OM500)

The following notes requirements are to be read in conjunction with the Specifications as stated
in Section V part C and Table C4.2.1
Further to Table C4.2.1, the following requirements are to be addressed by the Contractor:
(i) Signs
Signs consist of all ground (post-mounted) signs located along the roadway and include
the following types of signs:
Regulatory Signs
Warning Signs
Direction Signs
Information and Traffic Instruction Signs
Route Markers and Kilometre Markers
Village Name Signs
Hazard Markers
Service and Tourist Signs, except privately funded signs identified by the
Employer.
The Contractor shall ensure that the signs are maintained in good condition at all times
and shall wash and clean sign faces, straighten posts, level sign boards, remove posters,
tighten bolts and undertake minor repairs.
Quality levels and tolerance criteria:
(a) Meet reflectivity standards:
All signs must meet the requirements stated in MoRTH Specifications Sub-clause
801.3.2. All signs must be clearly visible and reflective to passing motorist under both
daytime and night time conditions. The daytime inspection should be performed
initially, followed by the night time survey.
(b) 100 percent clear of obstruction:
All signs, when viewed from the closest traffic lane, must be completely free of
brush, trees, vegetation, and other obstructions that prevent passing motorist from
adequately viewing the sign. Sign obstructions can be detected by visual inspection.

(c) Present and surface free of damage:

Signs have to be present, upright in a vertical position, and at least 95 percent of the
total surface area of signs must be free of damage, i.e., holes, large dents, and missing
reflective material or covered in advertising. The presence and condition of the signs
can be checked by visual inspection.
(d) No encroachments/trespasses, illegal signs or structures:
No tolerance. Structures or signs that were not erected or authorized by the Employer
should not exist within the right-of-way. Any transgressions can be detected by visual
inspection and have to be reported in writing to the Employer within 24 hours after
being detected, and all assistance provided to the Contractor in the eviction process.
(ii) Pavement marking
Pavement markings include lines and markings used to delineate traffic lanes and
pavement edges. Pavement markings may consist of solid lines or broken lines that
are yellow or white and arrows.
The Contractor will be responsible to reinstate by either hand or machinery, all
pavement markings damaged or destroyed by his work with hot applied thermoplastic
compound as approved by the Employer . The Contractor shall keep clean pavement
markings. The re-application of thermoplastic markings will be done as a Dayworks
approximately every 2 years. However, any damage to new re-applications shall be
repaired by the Contractor under OM responsibilities.
(iii) Guard Stones/Boundary Stones/Guardrail
The Contractor shall ensure that established guard stones, boundary stones and
guardrail are kept in good repair and shall regularly check posts to ensure that all are
in place and functional. Painting and replacement of defective posts shall be paid as
part of the OM Lump Sum.
Where more than 10 posts are missing at any single location, the Contractor should
immediately notify the Employer. Supply only of replacement posts above 10 No. at
a single location will be done in Dayworks.
All guard stones and guardrails shall be painted/repainted on a cycle of every 12

months as a part of OM responsibilities, including the painting/repainting of any new
guard stones, boundary stones and guardrails which are installed. The works shall be
scheduled evenly over 12 months and shall be shown in the Program including
timeframes for completing various road sections. At least two painting cycles shall be
carried out during the period of the Contract. Works shall be carried out in
accordance with MoRTH 806. 12 months where white washing and colour banding is
involved and 30 months where synthetic enamel painting is involved.
(iv) Distance Markers ( Kilometer posts)
Kilometre marker stones are generally located at 1 km intervals and show the
highway number and distance to the next significant town or the start of that section
of highway on non-radial routes. Five kilometre marker stones are located at 5 km
intervals and show the highway number, the distance to the next town and also the
distance the next significant town on the route.
All distance stones shall be repainted and kept in good repair by regular
maintenance. Any damaged or missing stones shall be notified to the Employer

promptly and supply only approved as a Provisional Item. Distance markers shall
only be re-positioned or re-installed to an exact location as directed by the Employer.
12 months where white washing and colour banding is involved and 30 months where
synthetic enamel painting is involved.
All distance markers shall be painted/repainted as a part of OM responsibilities,

including the painting/repainting of any new distance markers which are installed.
The works shall be scheduled evenly and shall be shown in the Program including
timeframes for completing various road sections. At least two painting cycles shall be
carried out during the period of the Contract. Works shall be carried out in
accordance with MoRTH 804.
(v) Guideposts, delineators and hazard markers (painted trees)
The Contractor shall ensure that all guideposts and delineators are clean and replaced
if damaged or non-reflective.
Guideposts and hazard markers that have been painted for delineation shall be
repainted as a part of OM responsibilities, including the repainting of any new
guideposts, delineators and hazard markers which are installed. The works shall be
scheduled evenly and shall be shown in the Program including timeframes for
completing various road sections. At least two painting cycles shall be carried out
during the period of the Contract. Works shall be carried out in accordance with
MoRTH 805. 12 months where white washing and colour banding is involved and
30months where synthetic enamel painting is involved.
(vi) Cats Eyes
On sections of road where cats eyes have been installed, the Contractor shall maintain
and replace any missing cats eyes. All new cats eyes installed shall be of road stud
100x100mm dia cast moulded from ASA.
Only the installation of cats eyes on a section of road which previously did not have
cats eyes shall be under Provisional Items. Any such new installations shall be
subsequently maintained by the Contractor under OM responsibilities.
C4.2.1 Service Levels Measures for Signage and Road Safety
The Contractor is responsible for ensuring that all signage, as well as guardrails and other road
safety devices fully comply with Acceptable Standard within initial rectification period.
The Service Level requirements for signage and road safety devices are as shown in the
following Table:

Government of Bihar Road Construction Department LONG TERM OUTPUT AND PERFORMANCE BASED ROAD ASSETS MAINTENANCE CONTRACT BID DOCUMENT
Table C4.2.1 Standard Jobs, Intervention Criteria and Response Times for Signage and Road Safety
Response Time
Unit of
Standard Job Description Intervention Criteria Inspection
Repair Work
**
OM501 SIGN MAINTENANCE Straighten sign posts when more than 5 degrees off
Sign repair, re-erection, support replacement vertical
and/or maintenance cleaning Clean sign and delineator faces when reflectivity is R, N 2 weeks 1 No.
reduced due to accumulation of dirt.
Repair damage
OM502 GUARDSTONES/BOUNDARY Fallen or damaged at a critical location making them
STONES/GUARDRAILS R 2 weeks
substantially ineffective 1 No.
Repair, and reinstall damaged/missing
guardstones and guardrails barriers Other locations R 4 weeks
As per agreed Program, with all guardstones
Painting Guardstones, Boundary stones and boundary stones and guardrails painted at least once
12/30
guardrail every 12 months. Where whitewashing and colour R 1 No.
months
banding is done and 30 months where synthetic
enamel painting is done.
OM503 DISTANCE MARKERS, GUIDEPOSTS, Guideposts/Delineators missing or damaged at a
R, N 4 weeks
DELINEATORS, and HAZARD MARKERS critical location
Cleaning and/or replacement of damaged and 1 No.
(a) functional requirements not met;
missing guideposts, distance marker posts, R,N 4 weeks
(b) not visible from 100m at night on low beam
hazard markers and delineators.
As per agreed Program and with all distance
Straightening of crooked or bent guideposts
markers, guideposts and hazard markers painted at
12/30
least once every 12 months Where whitewashing R 1 No.
Painting, of distance markers, guideposts and months
and colour banding is done and 30 months where
hazard markers, including lettering synthetic enamel painting is done.
OM504 FOOTWAYS
Defective pedestrian areas on islands and footpaths
repair or regulation of defective paved R 2 weeks 1 m2
where step-up > 50mm.
areas <0.25 m2.
or as directed
Government of Bihar Road Construction Department LONG TERM OUTPUT AND PERFORMANCE BASED ROAD ASSETS MAINTENANCE CONTRACT BID DOCUMENT
Response Time
Unit of
Repair Work
**
OM505 ROADMARKING & CATS EYES
Repair of defective or faded thermoplastic Thermoplastic marking faded or damaged and
markings and cleaning of all markings (Re- R 8 weeks 1 m2
functional requirements not met.
applications will be under Provisional Item).
Maintenance of all/ damaged cats eyes Cats eyes missing, damaged or functional
R 4 weeks 1 No.
requirements not met.
or as directed
ASSETS MAINTENANCE CONTRACT BID DOCUMENT
C4.2.2 Variations and gradual compliance with Service Levels for Signage and Road Safety
service level criteria stated above for Signage and Safety Devices shall not be expected until
initial rectification period from the start date. Other limitations to the compliance requirement
are:
All missing kilometer shall be put in place within the initial 6 Months from start date.
C4.2.3 Procedures for Inspection
The visual inspection will be undertaken as part of the Formal and Informal inspections. The
criteria for Signage and Road Safety will be checked at sections selected by the Employer based
on visual appearance. The Employer shall be the sole judge of compliance. If a specified criterion
is not meet, the one-kilometer section in which the deficit occurs will be judged non-compliant.
C4.3 Drainage (Table C4.3.1 - OM300)
The highest priority should be given to adequate drainage of the pavement and shoulders. Where
ponding of water is observed in the vicinity of the pavement or shoulders, the PMU shall
immediately shape a waterway to remove the water to the adjacent side drain. Temporary drains
across existing shoulders shall be shallow and tapered as to not affect the safety of traffic or
pedestrians, and shall be reinstated by shaping and/or grading when conditions are favourable to
allow normal sheet flow. The following visual inspections should be made:
(i) Cross drainage pipes, culverts and pits

(a) Inside surface area of each cross pipe, culvert or pit must not be deteriorated:
No more than 10 percent of the inside surface area of each cross pipe can be
deteriorated. Deterioration includes spalled or crushed concrete, crushed metal, or
any other structural deterioration along the length of the pipe/culvert.
Where the defect is a collapsed or an un-maintainable unit or structure, the defect
shall be referred to the Employer for repair.
The condition of the inside surface of the pipes can be detected by visual
inspection.
(b) Waterway free of obstruction:
Each pipe/culvert must have at least 80% of its waterway open.
(c) No erosion at either end of the pipe/culvert that affect the structural integrity:
Erosion at either end should be less than 200mm and should not affect the
structural integrity of the pipe/culvert or head wall. Erosion can be detected by
visual inspection.

(d) No dip in road over pipe indicating structural problems:

No dips in the roadway over pipe deeper than 30 mm (measured longitudinally)
are allowed. Dips are indicative of the settlement or erosion of the backfill
material located around the cross pipe and may present a safety and pavement
Performance problem. Dips in the roadway are to be visually identified from the
shoulder or side drain and measured with a scale in mm.
(e) The headwalls and end protection at each end of the pipe/culvert
No tolerance. The headwalls and end protection located at each end of the
pipe/culvert should be intact and secured. The condition of the headwalls and end
protection can be evaluated by visual inspection.
Concrete/Masonry repairs < 1m3 at any one location shall be carried out by the
Contractor to repair any defects and concrete damage.
White washing of exposed concrete/masonry areas of cross drainage structures
shall be carried out in two coats to give an even and smooth surface for protection,
including the scraping and cleaning of old surface
(ii) Side drains, culvert inlet/outlet drains, kerb and channelling
Side drains collect the runoff of water from the pavement and shoulders parallel to the
road and distribute to more major waterways. Culvert inlet/outlet drains channel water
into and away from the road.
(a) All side drains and culvert inlet/outlet drains must be graded such that positive
drainage of surface flow exists:
Unpaved side drains or culvert inlet/outlet drains must not have depressions or high
spots that either hold or trap water a distance of > 3 metres within the drain for several
days. Depressions and high spots can be detected by visual inspection.
(b) No severe erosion along the side drains and culvert inlet/outlet drains:
No areas where the grass, sod, or gravels have been washed away or where soil
erosion deeper than 200mm exists are allowed. Erosion can be detected by visual
inspection.
(c) Outlets of side drains and culvert inlet and outlet drains must provide positive
drainage:
Drains shall empty freely into larger channels as designed and should not exhibit
erosion deeper than 200mm. The condition of the outlet can be detected by visual
inspection.
(d) No obstruction to flow of water:
The side drains, culvert inlet/outlet drains and kerb and channels shall be free from
obstructions such as severe sedimentation, vegetation growth or debris build up, that
prevent the drains from adequately carrying water.
At the commencement of the Contract, where reinstatement/construction of side
drains and culvert inlet/outlet drains are required to repair complete blockages, work
will be identified during the initial survey and will be carried out under Initial
Rectification Works during Milestone 1. All subsequent drain maintenance works
shall be carried out under OM

C4.3.1 Service Levels
In general terms, the Contractor must ensure that all drainage elements and structures are sound
and without any obstructions which may reduce their normal cross-section and impede the free
flow of water.
The Service Level requirements for drainage structures or devices are as shown in the following
Table C4.3.1

Table C4.3.1 Standard Jobs, Intervention Criteria and Response Times for Drainage
Response Time
Unit of
Repair Work
**
OM301 SURFACE DRAIN CLEANING
Cleaning of channels, including kerb and
channel, and reshaping earthen drains, including When there is, or is likely to be restriction or R 1 week
1 lineal m
culvert inlet and outlet drains, to maintain flow ponding of water or scouring
of water and protect road and roadside from
scour.
OM302 CULVERT and PIT CLEANING
When debris blocks > 20% of culvert area and 1 No.
Cleaning of Barrel/Vent, culverts, pits and R 1 week
inhibits free flow. (pit/culvert)
stormwater drains to maintain flow of water.
OM303 CULVERT and PIT REPAIR Damaged or missing drainage pit lids, surrounds,
Repair or replacement of damaged pipes, H 2 days
grates, in pedestrian areas or traffic lanes
culverts, pits, surrounds, grates, lids or lintels
and headwalls.
1 No.
When deterioration of pipe, culvert or pit >10% or (pit/culvert)
Whitewashing of exposed concrete/masonry to R 2 weeks
be carried out as required. structure is in precarious condition
OM304 RIVER and STREAM MAINTENANCE

Maintenance and cleaning of debris from Any log debris >150 mm in diameter. 1 No. of
R 1 week
streams within 10 m of structure and repair Any accumulation of debris >400 mm in dimension. Sites
minor scours.
**Inspection Frequency: H (Hazard) - weekly; R (Routine) monthly; B (Bridge and Major Culverts) 6 monthly; N (Night) 6 monthly; E (Emergency)
immediate or as directed
C4.3.2 Variations and Gradual Compliance with Service Levels
service level criteria stated above for drainage shall not be expected During the period of initial
rectification.
Other limitations to the compliance requirement are:
All drains must be cleaned and defect free immediately prior to the commencement of the wet
seasons.
The cleanliness and condition of drainage structures (including open drains, causeways and all
other types of drainage devices) is part of the criteria for the Durability of the Road. It is
verified on a regular basis, in particular before and during the rainy seasons. The drainage
structures to be verified are determined by the Employer. Inspection is done visually.
The basic principle used to determine the cleanliness of drainage structures or devices is the
percentage of the theoretical cross-section of the structure or device which is unobstructed. This
percentage is specified in Table C4.3.1 above. For a one km road section, the cleanliness of
drainage ditches must be verified at least on two subsections of 50 meters each.
For any one km section of the road, compliance with this criterion requires that (i) all drainage
structures are clean in the sense defined above; (ii) all structures and devices are structurally
sound, based on the judgment of the Employer.
C4.4 Vegetation (Table C4.4.1 - OM400)

(i) Natural grass
Vegetation grown for the purpose of protecting shoulders, slopes, and embankments from
erosion, and for aesthetic purposes. Natural Grass is considered that generally located
along the roadway edges.
Sight distance is clear in intersections, passing zones, and curves:
Grass height should not prevent adequate sight distance (stopping or passing) at
intersections, passing zones, and curves and must not obstruct the drainage.
(ii) Trees and shrubs
Consists of trees, limbs, shrubs and creepers located within the right-of-way. Trees and
shrubs located in landscaped areas should be evaluated as landscaping.
(a) Fallen trees
No tolerance. Any fallen tree on the road formation shall be removed
immediately.
(b) Sight distance or sign obstructions:
Bidder Section V: Technical Specifications Page: 157

Executive Engineer, Road Division ..
No tolerance. Brush, as defined above, should not affect sight distance (stopping
or passing), at intersections, passing zones, and curves. In addition, brush should
not encroach onto any signs to the extent that visibility or readability of the sign is
affected. Sight distance or sign obstructions can be detected by visual inspection.
(c) Vertical clearance:
No tolerance. A vertical clearance of at least 5.0 m over roadway should be
maintained at all times. All tree limbs, shrubs, and creepers should be trimmed
back to maintain this clearance. The measurement of the vertical clearance should
be from the highest point of elevation on the traffic lanes or shoulders.
(d) No trees presenting a leaning hazard:
No tolerance. Trees or other vegetation that are leaning and present a safety
hazard should not be located within the right-of-way. In addition, dead or dying
vegetation that is either located within a clear zone or could fall on vehicles or
pedestrians must not be present. Leaning vegetation can be detected by visual
inspection.
(iii) Maintenance of traffic islands and divider having plantation.
The Contractor shall mow existing grass in these areas, as well as prune existing plants
and bushes.
(a) Grass can not be higher than 200mm in traffic islands:
No more than 20 percent of the total area can exhibit grass higher than 150mm.
(b) Traffic islands area must be free from weeds or other noxious vegetation:
No more than 20 percent of the total area can exhibit weeds or other noxious
vegetation before intervention is required. Presence of weeds or other noxious
vegetation can be detected by visual inspection.
(c) Plants/bushes/trees to be pruned, healthy, and must not obstruct the sight distance:
No more than 20 percent of the plants/bushes/trees can be in poor condition before
intervention is required. No plants/bushes affecting sight distance are allowed.
The condition of the plants/bushes can be checked by visual inspection.
(d) Fences etc in traffic islands, etc must be in good condition and painted:
More than 80% of the fences, culvert headwalls, bridge parapets, distance stones
and kerbs must be in good condition and painted all the time. The condition of the
fences etc can be checked by visual inspection.
This section specifies the Service Levels to be complied with in the case of vegetation growing
within the road right-of-way: Vegetation is to be controlled to the heights and clearance, at the
locations and with the restrictions as set out in the table and diagram below:
Bidder Section V: Technical Specifications Page: 158

Executive Engineer, Road Division ..
Table C4.4.1 Standard Jobs, Intervention Criteria and Response Times

Response Time
Unit of
Repair Work
**
OM401 Clearing and Grubbing
Mowing/slashing of roadside areas, maintain
sight distance, reduce fire hazard and maintain
a tidy appearance at:
(a) Medians and traffic islands
(b) Road intersections maintain minimum Maintain grass height to an average maximum
R 8 weeks 1 sqm
sight distance to 30 m in advance of all 400 mm.
road approaches and departures and any
other nominated area.
(c) Safety signs, kilometre posts, guardstones
and other roadside furniture slash to
ensure full vision.
OM402 TREE and SHRUB MANAGEMENT Tree limbs or trees that are in immediate
Maintenance of roadside areas, including danger of falling and causing a danger to the R 1 day
brush cutting, foliage trimming and removal public
of vegetation.
Trees and shrubs which restrict intersection
R 4 weeks
sight distance or obscure safety signs
1 No. of
New tree and shrub growth within drains, clear
Sites
zones, the shoulder and verge.
Trim trees to maintain:
- minimum 1 metre from back edge of R 8 weeks
shoulder and/or kerb;
- minimum 5 metre height clearance over
pavements.

Diagram 4.2 Extent of Vegetation Control Requirements

C4.4.2 Variations and Gradual Compliance with Service Levels
In order to respect the Contractors initial mobilization period, compliance with any of the service level
criteria stated above for vegetation shall not be expected until initial rectification period from start date.
Other limitations to the compliance requirement are:
(a) Use of Herbicides

Use of herbicides is not allowed.
(b) Tree removal

Removal or cutting of trees growing within the road right-of-way shall only be undertaken after
approval of the Employer and/or appropriate authority.
C4.4.3 Means used for Assessing Compliance with Service Levels

The height of vegetation, and its clearance above the road surface and visibility of signs, is part of the
criteria for the Road User Comfort. They will be measured at road sections selected by the Employer
based on their visual appearance. The height is measured by using a ruler; it is defined as the vertical
distance between the ground and the highest point of the vegetation. Clearance is also measured with a
ruler or visibility from a distance of 50m assessed as normal driving speed; it is defined as the distance
between the lowest point of the tree (or other plant) above the road surface or obstruction of the sign.
The average height of vegetation in a one km section will be equal to the average of five values
measured in at sections selected by the Employer. The visibility is measured for any obstruction of any
sign.
For any one km section of road, compliance with this criterion requires that the average vegetation
height measured within the section of one km is below the maximum value stated in the contract or
obstruction to any sign.
C4.5 Structures (Table 4.5.1 OM600)
The Contractor is responsible for the ordinary maintenance of all minor bridges/culverts and similar
structures along the roads and road sections included in the contract. In particular, he will be responsible
for the correct functioning of the structures (painting of structures, road surface on structures, condition
and presence of guardrails, etc) and the safety and comfort of road users while using the structures at
normal speeds. Nevertheless, the reconstruction, structural repair and improvement of bridges and
similar structures are excluded from the Contractors obligations, unless specified elsewhere in the
Section V part C and Table 4.5.1
Further to Table 4.5.1, the following requirements are to be addressed by the Contractor:
A structure is defined as culvert (upto 6 metres) and minor bridge (upto 60m). The Contractor shall
inspect bridges in accordance with the guidelines of Appendix C Form OM02, and maintain minor
bridges, culverts and streams as specified:
(i) Ordinary maintenance requirements for structures

(a) Cleaning and clearing:
Clean deck, footways, expansion joints of any earth/debris build-up
Ensure scuppers and down-pipes are clean of debris and free draining
Remove any debris build-up on superstructure or substructure
Clear vegetation in or around bridge
(b) Structure deck/surface repair
Repair any defects in the bituminous/granular wearing surface
Replace running planks on wooden decks if damaged
Concrete/Masonry repairs < 1m3 at any one location
(c) Repairs or painting railing
Where previously painted, the Contractor shall paint all posts /parapets/railings
/headwalls on culverts and/or bridges within 12 months of the commencement of the
contract and shall repaint thereafter every 12 months.
Repair spalled railing posts/parapets and crash damage where railing repair < 5
metres in length.
Tighten posts or rails where required
White washing of exposed concrete/masonry areas of bridges in two coats to give an
even and smooth surface for protection, including the scraping and cleaning of old
surface
Repair and/or strengthen existing mild steel railings.
Concrete repairs < 1m3 at any one location
(d) Stream maintenance
Ensure adequate drainage on structure approaches and embankments
Remove all debris in and around bridge and within 10 metres upstream and
downstream
Where minor, scours shall be repaired. If the scour is > 5m3, in the initial survey the
Employer should be notified, and repairs completed as an Initial Rectification
Works.
(e) Signs and bridge furniture

Repair bridge signs and markings where required
Advise Employerif additional signs are required
Establish and/or repaint Structure Number on each structure
(f) Vandalism
Enact repairs needed due to vandalism including the removal of offensive graffiti
The Service Level requirements for bridges, major culverts (>6m span) and retaining walls and
similar structures are as shown in the following Table C4.5.1

Table C4.5.1 Standard Jobs, Intervention Criteria and Response Times for Structure
Response Time
Unit of
Repair Work
**
OM600 STRUCTURES
OM601 BRIDGE and MAJOR CULVERT
MAINTENANCE 1 No. of
Sites
Inspection and maintenance of bridge 8 weeks
components including:
(a) cleaning and clearing of deck, footway,
expansion joints, scuppers and
downpipes;
Any accumulation of material which affects proper
(b) repair of spalled superstructure, posts drainage of water, or restricts the operation of R
and parapets, tightening railing. expansion joints.
(c) whitewashing of exposed
concrete/masonry
(d) repair and/or strengthening of MS railing
Minor work on structural components and other 1 No. of
B 8 weeks
repairs, protection of exposed surfaces Sites
Where previously painted, paint railings and As per agreed Program and with all railing and
parapets. parapets painted at least once every 12 months.
1 No. of
Where whitewashing and colour banding is done B 12 months
Sites
and 30 months where synthetic enamel painting is
involved.

C4.5.2 Variations and gradual compliance with Service Levels

In order to respect the Contractors initial mobilization period, compliance with any of the service
level criteria above for structures shall not be expected during initial rectification period. Other
limitations to the compliance requirement are:
The visual inspections will be undertaken as part of the Formal and Informal Inspections. The
criteria for Structures will be checked at points selected by the Employer based on visual
appearance. The Employer shall be the sole judge of compliance. If a specified criterion is not met,
the one-kilometer section in which the deficit occurs will be judged as non-compliant.
C4.6 Shoulders and Batter Slopes Stability (Table 4.6.1 OM200)
The Contractor is responsible for the maintenance of all embankment and cut slopes along the
roads sections included in the contract. In particular he is responsible for ensuring they are stable,
without deformations and erosions. Nevertheless, the reconstruction and major improvements to
retaining structures and slope stabilization is excluded from the Contractors obligations, unless
specified elsewhere in the Technical Specifications.
The shoulder is defined as the area from the edge of the paved lane to the point to the verge or side
drain
(i) Unsealed Shoulder Repair (OM 201)

The activity aims to maintain the shoulder facility to support the pavement edge,
the occasional use by traffic, its function as the drainage path for water runoff from
the carriageway and to ensure the elimination of an edge drop off at the edge of
sealed pavement. The Contractor shall fill depressions, scours and areas of drop
off and ensure shoulder material supports the sealed edge. The material used for
shoulder maintenance should be mechanically cohesive and able to display
stability in wet weather. Shoulder material shall be suitably compacted. Where the
edge drop-off is > 70mm over a continuous significant distance greater then 100m,
the Contractor is to include resheet the shoulder in the Initial Rectification Works
(ii) Unsealed Shoulder Power Grading (OM 202)

All unsealed shoulders shall be graded, as a part of OM responsibilities, to restore
shape and to eliminate roughness, shoulder wear and edge drop off, on a cyclic
basis of every 12 months. The works shall be scheduled over 12 months, however
the majority of the grading shall be carried out immediately following the
monsoon. The schedule of power grading works shall be shown in the Program
including timeframes for completing various road sections. Five power grading

cycles shall be carried out during the period of the Contract. Works shall be carried
out in accordance with MoRTH 3003.
Every care shall be taken to ensure that the grader blade does not ride hard on the
edge of the seal and damage it. Any damage caused to the seal or edge of
pavement shall be made good by the Contractor at its cost. Potholes and scours
shall be repaired before grading.
Shoulders shall be graded in the direction of traffic in such a manner that loose or
windrowed material is removed from the adjacent sealed pavement as the work
proceeds. Windrows shall be spread as soon as possible, shall not exceed
2 kilometres in length at any time and be completely spread before work ceases for
the day. The Contractor shall take care to ensure that stones are not graded onto the
pavement unnecessarily and final cross falls are sufficient to allow for a free
draining pavement.
The graded material shall be adequately watered and compacted with a roller to
facilitate support of the sealed edge and drainage away from the pavement.
(iii) Embankment and Batter Repairs (OM 203)
Repair of isolated embankment and batter damage, including at culvert sites and at
other drainage structures, resulting from scouring, washouts, erosion, of volume
<10m3 at any one site, shall be carried out to reinstate the embankment or batter to
its original profile by means of constructing backfill with embankment quality
material as approved by the Employer.

The Service Level requirements are shown in the following table.
Table C4.6.1 Standard Jobs, Intervention Criteria and Response Times for Shoulders and Embankments
Response Time
Unit of
Repair Work
**
OM201 UNSEALED SHOULDER REPAIR Edge drop off onto unsealed shoulder greater
H 1 day
Spot filling, grading and reshaping of than 100 mm. deep
unsealed shoulders, up to 25m length per
location, to correct: Edge drop off onto unsealed shoulder greater
8 weeks
(a) drop off from edge of seal to shoulder; than 50 mm. R
1 shoulder
(b) roughness, scouring or potholes; When potholes or scouring > 70 mm depth km
(c) holding of water. measured with a 1.2 m straightedge, or when 2 weeks
R
there is significant holding of water
OM202 UNSEALED Road repair When pothole or scouring >50 mm depth when
Repair to the unsealed road, to correct spot 1 shoulder
measured with a 1.2 m straight edge 2 week
shoulder, rutting, erosion etc. R km
OM203 EMBANKMENT AND BATTER REPAIRS
Repair of isolated embankment and batter When embankment or batter damage becomes a
H 1 day No. of Sites
damage, including from scouring, washouts, hazard
erosion.


In order to respect the Contractors initial mobilization period, compliance with any of the service
level criteria for slope stability shall be initial rectification period in accordance with Structure
activities
criteria for Slopes will be checked at sections selected by the Employer based on visual
appearance. The Employer shall be the sole judge of compliance. If a specified criterion is not met,
the one-kilometer section in which the deficit occurs will be judged non-compliant.
C4.7 Operational Servicing (Table C4.7.1 OM700)

(a) Landslips
The Contractor shall repair all minor landslips under the Lump Sum. Where the
slip requires replacement material > 5m3, or the effort to repair is of a specialised
nature, the Employer should be advised and payment made under Emergency
Works.
(b) Initial Emergency Call out response
Prior to commencement of work on-site, the Contractor shall provide the Employer
with details of a contact person available 24 hours per day, and other contact
numbers that will be used by the Contractor during any emergency response.
The Contractor shall provide 24 hours per day capability to respond to an

emergency within the response time specified, from the time of notification.
The Contractor's initial response to any emergency shall, within the capability of
the PMU, make the incident site safe for the public or otherwise assist the control
agency i.e. police etc. Any response which exceeds the capability of the PMU is to
be immediately notified to the Employer. The Employer may direct that additional
Contractor resources be provided and paid for as Emergency Works.
In the event of site specific damage to the road surface by a storm, accident, or
other incident, the Contractor shall be required to supply and lay up to 5m3 of
granular pavement material and/or 5m2 of bituminous surfacing for permanent or
temporary repair under the provisions of the Lump Sum. Where specific damage
requires replacement material > 5m3 of granular material and > 5m2 of bituminous
surfacing or the effort to repair is of a specialised nature, the Employer should be
advised and payment made under Emergency Works.
Where a traffic diversion is required, prior permission must be obtained from the
Employer and Police. A traffic management plan showing placement of signs,

detour routes and location of traffic control men shall be approved by the
Employer prior to the diversion.
The Contractor shall co-operate with the control agency and other emergency
services. Any request to carry out work outside the road reserve shall be referred
to the Employer for approval prior to the work being undertaken.
The Contractor is not responsible for salvaging vehicles which have been damaged
in crashes and is not required to assist the owners of such vehicles except where
necessary for the safety of the public or to reduce delays to traffic.
(c) Wet weather and flooding
During wet weather (monsoon) the Contractor shall pay particular attention to
sections of road which are likely to be damaged or inundated by water. The
Contractor shall provide signs on inundated sections of road, clear waterways, pit
entrances and culverts of obstructions, and divert water from the roadway when
necessary.
The Contractor shall remove all blockages from bridges and culverts immediately
water levels permit such work to proceed. In case of flood, the highest level
reached by the water on both sides of the road shall be recorded and the Employer
advised within seven (7) days.
Where roads become pot-holed during wet periods i.e. monsoon, the Contractor
may request to the Employer that temporary repairs be undertaken. Such
temporary works shall be paid as part of the Lump Sum unless the Employer
ascertains that the road section is beyond the provisions of Intervention
Maintenance.
(d) Vandalism
The Contractor shall remove all graffiti and repair minor structural damage to road
furniture assets caused by vandalism. The removal of graffiti may be by repainting
or chemical solvent and the remaining surface visually similar to the original state.
(e) Dead animals
The Contractor shall remove all dead animals from the road pavement immediately
and in accordance with local by-laws. All dead animals are to be removed from
the road reservation within 24 hours. The Contractor shall arrange for the disposal
of the carcass and all works are included in the Lump Sum.
(f) Road Obstructions

The Contractor is to remove any obstructions within the road traffic lanes which
are a traffic, safety or health hazard within the road reserve. Obstructions may
include cardboard, old tyres, paper, wood, garbage, rubbish, glass, metal, rubber,
dirt, waste matter, or anything of a like nature that has a physical dimension
>300mm. that is a visual detriment to the public. Obstructions of a hazardous
nature to the public and dead animals shall be removed immediately.
Section VI: Technical Specifications Page: 168

Bidder Executive Engineer, Road Division ....
Table C4.7.1 Standard Jobs, Intervention Criteria and Response Times for operational Servicing
Standard Job Description Response Unit of

Intervention Criteria Time Work
Inspection
Repair
**
OM701 LAND SLIP CLEARING
All work associated with the removal of all
material from the road pavement and table drain
up to and including the first 5m3 of rock and/or When event is detected or made known E Same day 1 m3
earth slips from the road and table drain
including the disposal of the material at a
suitable dump site
OM702 EMERGENCY WORKS AND SERVICES
All work arising from emergency incidents 1 No.
including flooding, fires, storms, traffic crashes, When event is detected or made known. E Same day
(incident)
etc. to ensure the safety of the public and
protection of the infrastructure.
OM703 VANDALISM REPAIR When vandal damage or graffiti is a hazard or
H Same day
Repair or reinstatement of isolated minor objectionable to the public 1 No of
damage of <5 m2 caused by vandalism, Sites
including all graffiti. Other areas of damage and graffiti R 2 weeks
OM704 ROAD OBSTRUCTIONS and DEAD

ANIMALS Any carcass or when an obstruction on the road
Collection and removal of obstructions on the becomes a traffic, safety or health hazard or is H Same day 1 No.
road of dimension > 300mm and all carcasses visually upsetting
from within the road reserve.


service level criteria for slope stability shall be initial rectification period in accordance with
Structure activities.
criteria for Slopes will be checked at sections selected by the Employer based on visual
appearance. The Employer shall be the sole judge of compliance. If a specified criterion is not
met, the one-kilometer section in which the deficit occurs will be judged as non-compliant.
C5 Usability of the Road

C5.1 Service Levels
The Contractor will have to ensure that the road is open to traffic and free of interruptions at all
times.
C5.2 Variations and gradual compliance with Service Levels
Permitted exceptions are

Event Service Level
Time after each event
Road accidents
4 hours after release from police
C5.3 Procedures for Usability Inspection
There is no particular testing method for the usability of a road, other than driving on the road in
a normal manner, utilizing the type of vehicle indicated in clause C2 of Section V. The
condition is not complied with if the road is interrupted at any point. The condition is however
complied with if it is possible to continue to drive on the road, and without the vehicle suffering
any damage caused by the bad condition of the road.
C6 Adjustment for maintenance of Periodic Maintenance, Minor Improvement

and Deleted of Road Sections
The Contractor shall be responsible for carrying out all maintenance works on those sections of
roads undergoing Minor Improvement Works or Periodic Maintenance by other agencies
except for the period when the works site is in the possession of others.
C6.1 During the term of the Contract, sections of road within the Contract may need to be
deleted from the Contractors OM responsibilities for specific periods of time as directed
by the Employer
The sections of Road to be deleted will include either the exclusion of full OM
responsibilities or partial OM responsibilities.

C6.2 In the case of partial OM responsibilities, unless otherwise instructed by the Employer,
the Contractors responsibilities will be categorised either as Type A, B as described
below:
Type OM Code OM Description

A OM 101 Pothole Patching
OM 102 Surface Depression & Rut Patching
OM 103 Crack Sealing
OM 104 Surface Treatment
OM 106 Edge Repair
OM 107 Digout Repair
OM 108 Repair of Concrete Pavement
B OM 105 Pavement Sweeping
OM 201 Unsealed Shoulder Repair
OM 202 Power Grading of Unsealed Shoulder
OM 203 Embankment and Batter Repairs
OM 301 Surface Drain Cleaning
OM 302 Pipe, Culvert and Pit Cleaning
OM 303 Pipe, Culvert and Pit Repair
OM 304 River and Stream Maintenance
OM 401 Grass Control
OM 402 Tree and Shrub Management
OM 501 Sign Maintenance
OM 502 Guardstones/Boundary Stones/Guardrail
OM 503 Distance Markers, Guideposts, Delineators and
Hazard Markers
OM 504 Footways
OM 505 Roadmarkings and Cats Eyes
OM 601 Bridge and Major Culvert Maintenance
OM 701 Land Slip Clearing
OM 702 Emergency Works and Services
OM 703 Vandalism Repair
OM 704 Road Obstruction and Dead Animal Removal
C6.3 Situations where the need will arise for the addition or deletion of road sections, and the
subsequent need for the inclusion or exclusion of the Contractors OM responsibilities,
will include, but will not be limited to, the following:
(a) Major works contracts if any under PM & MI works which have been let by the
Employer within a road section to other contractors for a specific period of time in
that case, the Contractors full OM responsibilities will be excluded for the period of
the major works contract up to its completion date (inclusive of any approved time
extensions) on the applicable section of road.
(b) Major works contracts if any under PM & MI works let by the Employer within a
road section which have been completed and are within the defects liability period
in that case, from the time of completion and up to the end of the defects liability

period of the major works contract, the Contractor will carryout OM responsibilities
for Type B items only as listed above on the applicable section of road.
(c) Major works contracts if any under PM & MI works let by the Employer within a
road section which have reached the end of the defects liability period for the major
works contract in that case, at the end of the defects liability period and on issuance
of the final certificate by the Employer for the major works contract, the Contractor
shall resume full OM responsibilities on the applicable section of road.
(d) A deteriorated section of road if programmed for major upgrading works or any
stretches proposed to be converted as NH or otherwise or deletion of stretch for
want of improvement in the future by the Employer, the same shall be deleted from
the scope of the contract, and the OM payments reduced accordingly . However
until the commencement of these major works, the Contractor shall carry out OM
responsibilities on the applicable section of road as directed by the Employer in
charge
(e) If any Periodic Maintenance works and Minor Improvement works undertaken by
the Contractor within a road section which is either in progress or is within the
defects liability period in that case the contractor is however required to carryout
full OM responsibilities through the contract period except from the Start Date of
the PM & MI works and up to the end of defect liability period for that PM work,
the Contractor shall be eligible for payment for Type B items only under Ordinary
Maintenance as listed above on the applicable section of road.
(f) If there is any Delay or non-availability of necessary clearances/no objections from
competent authorities to carry out works within a road sections that pass through
national parks/sanctuaries/reserve forest areas or other sensitive areas in that case
the road section will be suspended (till the clearances are obtained) or deleted from
the scope of the contract as the case may be.
C6.4 The adjustment to the proportion of the monthly Lump Sum payable for OM to allow
for the additions and deletions of sections of road shall be determined by the Employer
in accordance with the following formulae:
LS LF LB WB
Mn
60 LT
Where:
Mn = Monthly Lump Sum amount for OM applicable for month number n
(with n being from 1 to 60).
LS = The value of the Lump Sum applicable for OM for 5 years as stated in
Schedule 1, Item 1.

LT = Total length of Roads included in the Contract and as stated in Clause
A7(i) of the Technical Specification.
LF = Length of Road under the Contract for which Full OM responsibilities
have been carried out by the Contractor for the month in question.
LB = Length of Road under the Contract for which only Type B OM
responsibilities have been carried out by the Contractor for the month in
question.
WB = Proportionate cost of carrying out Type B OM relative to the full cost of
OM for a typical section of road (applicable for both State Highway and
Main District Roads). WB shall be taken as 0.45.
C6.5 Payment amounts determined based on the above calculations shall be subject to the other
adjustment provisions as provided for in Clauses 43, 47, 48, 49 and 51 of the General
condition and deductions in accordance with Clause C7 of the Technical Specification.
C7 Payment Reductions
In accordance with the relevant clauses of the GC, Payment Reductions are applied in case of
non-compliance with Service Level requirements.
Payment shall include provision for all costs associated with the management, administration,
plant, equipment, labour and materials in keeping all asset items within the specified Response
Code levels.
Where payment is made on a Lump Sum basis, the Contractor shall execute the work and
perform its obligations under the Contract and the sum payable by the Employer to the
Contractor shall be the Lump Sum, adjusted by any additions or deductions made under the
Contract.
Payment shall be made in equal monthly instalments in OM. Price Adjustment will be as per
Clause 48 of Particular Conditions. The monthly instalments will be determined by dividing the
OM Lump Sum for the Schedule 1 Item 1 divided by sixty (60) months (period of contract).
These instalments are subject to deductions for the deletion of sections from OM responsibilities
and for work not undertaken or not undertaken to the quality required.
The Maintenance Program Compliance Sheet (Appendix C) and the Non-Conformance Report
(Appendix C) shall accompany the Contractors invoice for payment. Any works detailed in the
subsequent Employers Memorandum not met within the final Response Time may be subject to
a deduction on the monthly instalment.
The results of each formal inspection of the Service Levels and other performance criteria will be
recorded by the Employer in the form of a Memorandum. The Memorandum will state the type
and location of any non-compliance detected, in particular those non-compliances already shown
in the standard tables provided by the Contractor as part of their monthly statement. For each
individual case of non-compliance, the Employer will determine a date by which the Contractor
must have completed the necessary measures in order to remedy the cause of the non-
compliance. A follow-up site visit is therefore necessary at the date fixed by the Employer, or
soon thereafter, in order to verify that the Contractor has indeed remedied the cause of non-
compliance.

If at the date indicated in the Memorandum, the Contractor has not remedied the cause for non-
compliance, independent of the reason given for their failure to do so, the Contractor is subject to
Payment Reductions in accordance with the relevant clauses of the GC.
Payment Reductions are variable over time. If the Contractor fails to remedy a cause of non-
compliance for which a payment reduction has already been applied, the amount of the payment
reduction shall be doubled for that particular non compliance every month until the non-
compliance is corrected. On the successive fourth month if the non-compliance is not corrected,
it shall be deemed a breach of Contract under Clause 59.2.2(c) of the General Conditions and the
Contract shall be terminated.
The calculation of the initial amounts of payment reductions, and the formula for their
adjustment over time, is to be based on the following rules:
There are three types of Payment Reductions on Ordinary Maintenance:
(i) Payment Reductions for non-compliance with Road User Service Comfort Measures
and Durability (other than roughness): For any road or road section as specified in Section II of
this document (Bid Data Sheet), the Employer may reduce the monthly lump-sum payment by
the percentage of non complying kilometers as determined by the Project Manger each month.
The payment will therefore be the basic lump-sum multiplied by the ratio of length of complying
road to the total length of the network as detailed in the following.
(a) Failure to achieve Response Time or stated quality.
Where the Contractor fails to complete Ordinary Maintenance works to the

Intervention Criteria within the Response Time or quality specified, the Employermay
deduct monies from payments due under the Contract. The amount of deduction shall
be based on the Lump Sum bid in Schedule 1 Item 1, proportioned by the quantity
and percentages given in Table C6.1. An example of such deduction is shown in
C7(i)(c) below. Deductions will continue to be made on a monthly basis until the
work is satisfactorily completed. The minimum deduction for any item will be based
on a per kilometre/month basis.
(b) Action by the Employer in the event of Non-Compliance in Standard Job activities.
The results of each formal inspection of the site and other performance criteria will be
recorded by the Employer in the form of a Memorandum. The Memorandum will state
the type and location of any non-compliance detected and in particular those non-
compliances already provided by the Contractor as part of Maintenance Compliance
Program Sheet (Form OM08). For each non-compliance the Employer will schedule a
minimum of 7 days notice from the issue of the Memorandum for the Response Time
to complete the non-compliance.
A follow-up site visit shall be arranged at the date fixed by the Employer in order to
verify that the Contractor has remedied the cause of non-compliance.
If the Contractor has not remedied the cause for non-compliance at the date of the
final Response Time indicated in the Memorandum, independent of the reason given
by him for his failure to do so, a payment deduction may be made.

No deductions will be levied on the Contractor for failure to fully meet the
maintenance intervention standards for period duration up to the defined in the
individual activity group of the Technical Specifications, while the Contractor is
establishing on site and setting maintenance routines. For subsequent monthly
payments, deductions will be levied in accordance with the Contract provisions.
(c) Method for Payment Deduction
For the purpose of establishing cause for a payment deduction for non-compliance,
each road is evaluated between kilometre stones. If kilometre stones have not been
erected, a datum is established by the Employer from which even kilometre
distances are measured. The minimum measurement for non-compliance is one (1)
kilometre.
A monthly deduction is made when non-compliance for any Standard Job issued in
the Memorandum from the Employer remains incomplete by the stated completion
date as scheduled in the approved monthly Program. It is of no consequence
whether the non-compliance for each Standard Job is a single defect or multiple
defects within a set one kilometre distance; the full kilometre is said to be non-
compliant for that Standard Job activity.
For each Standard Job activity, the deduction is calculated by the example below.
The total deduction is the sum of individual Standard Job activity deductions.
The amount of the deduction shall not be repaid to the Contractor, even after the
Contractor re-establishes the quality levels to the standards required by the Contract.
Example:
Sub Item OM101 The length of the network less excluded sections is 100Km. 20km
of pothole patching is identified in the monthly Program for repair within the month,
based on the Contractors and Employers inspections. However at the end of the
month being assessed, 15km of the total 20km had been repaired by the Contractor. 5
km had not been completed within the required Response Time.
Accordingly, the assessed deduction for non-compliance is:
= OM Lump Sum Bid (Schedule 1 Item 1) x 1/60 (per month) x 18% (percentage
applicable for potholes) x 5km/100km (portion of road not compliant to the Service Level
for this activity)
Deductions for all Standard Job activities are calculated similarly and totalled.
Payment reduction will be made in respect to road useability and non-provision of
management requirements, for example, failure to provide the following; the Patrol
Maintenance Unit, and program reports.
Deductions for all items shall be added to determine the total penalty to be applied
to the Lump Sum.
If penalty exceeds the limits as stated in Clause 51.1 of the Particular Conditions,
the Contractor will be in Fundamental Breach of the Contract can be terminated.
Table C6.1 Payment Deductions for incomplete Job Activities

Ref. Standard Job Description Quanti Unit Weighted
ty Value %
OM101 Pothole Patching Km 18
OM102 Regulation of Surface Depressions and Rut Km 6
Patching
OM103 Crack Sealing Km 2
OM104 Surface Treatment Km 1
OM105 Pavement Sweeping Km 2
OM106 Edge Repair Km 10
OM107 Digout Repair < 5 m2 Km 15
OM108 Repair of Concrete Pavement Km 1
OM201 Unsealed Shoulder Repair Km 8
OM202 Unsealed Shoulder Power Grading Km 3
OM203 Embankment and Batter Repair Km 1
OM301 Surface Drains Cleaning Km 2
OM302 Pipe, Culverts and Pits Cleaning Km 4
OM303 Pipe, Culverts and Pit Repair Km 3
OM304 River/Stream Maintenance Km 2
OM401 Grass Control Clearing and Grubbing Km 2
OM402 Tree and Shrub Trimming Management Km 2
OM501 Sign Maintenance Km 2
OM502 Guardstone/Guardrail Maintenance Km 2
OM503 Distance Stones, Guideposts, Delineators and Km 2
painted Tree Maintenance and Hazard Markers
OM504 Footways Km 1
OM505 Roadmarking and Cats Eyes Km 1
OM601 Bridge and Major Culvert Maintenance Km 3
OM701 Land Slip Clearing Km 1
OM702 Emergency Works and Services Km 4
OM703 Vandalism Repair Km 1
OM704 Litter Control Road Obstructions & Dead Km 1
Animals

(ii) Payment Reductions for non-compliance with road usability criteria: Calculated
based on the provisions shown in section of the Technical Specifications. The amount of
the reduction is to be deducted by the Employer from the monthly lump-sum payments
due to the Contractor.
CONDITIONS FOR APPLICATION UNIT RATES FOR NON

OF PAYMENT REDUCTIONS COMPLIANCE
Interruption of motorized traffic (light 2000 Rupees for each occurrence of
and/or heavy vehicles) anywhere along a non-compliance.
new road or road section. Excluding
exemptions.
(iii) Payment Reductions for non-compliance with Management Performance Measure:

Calculated based on the provisions shown below. The amount of the reduction is to be
deducted by the Employer from the monthly lump-sum payments due to the Contractor.
(a) Failure to provide minimum Patrol Maintenance Unit (PMU) resources

Further to Clause C2, where the Contractor fails to provide a fully operational PMU,
the Employer will apply the following monthly deduction:
Full day - Rs 1,000/- or Rs 200/- per hour if it is not a full day.
(b) Failure to conduct and submit the relevant Surveys/Inspections and submit reports
(Initial/Milestone/Completion/Monthly) survey/Inspections in accordance with Part A
of the Technical Specifications
Full day delay Rs 2000/-
(c) Failure to submit the Program of Performance (Contract Plan) in accordance with
Clause A15 of the Technical Specifications
weekly penalty of Rs 1,000 shall apply until the Plan is presented.
(d) Failure to comply with Contract requirements (Quality, Environmental, Traffic
Management, Emergency Response, etc.)
Penalty of Rs 3,000 shall apply for each occurrence.
(e) Failure to engage / Provide Services of Road Manager up to 30 days
Penalty of Rs.30,000/- for that particular month
(f) Failure to engage / Provide Services of Maintenance Engineer up to 30 days Penalty
of Rs.25,000/- for that particular month
(g) Failure to engage / Provide Services of bituminous works Supervisor up to 30 days
Penalty of Rs.20,000/- for that particular month .
Compliance to environmental approvals as detailed in Section H Table H1 is required when the
Contractor establishes a new HMP/WMM Plant, Batching Plant, Crusher, Camp Site, Labor
camp, exploring new borrow pit areas quarry sites, bore wells and other water sources. Failure
to meet the relevant requirement will be reported to the relevant Government Department.

NOTE: All deductions noted within this clause will not be reimbursable and will be treated as a
deduction to the Contract.

Section V, Part D
Specifications for Initial Rectification Works
Part D Specifications for Initial Rectification Works

1. Initial Rectification Works
2. Initial Rectification Works under Lump Sum (Schedule 2)
3. Performance Criteria and Service Level
4. Procedure for Inspection and Payment
D1 Initial Rectification Works
Initial Rectification Works are those activities that are beyond Ordinary Maintenance Activities,
but not defined for Periodic Maintenance or Minor Improvement Works that are needed at the
initial stage of the Contract to bring the road to below the required intervention standard.
The Contractor shall engage such additional resources necessary to complete the specified Initial
Rectification Works. The Contractor shall not utilize resources specified in this Contract as being
committed to Ordinary Maintenance activities.
D2 Initial Rectification Works under the Lump Sum (Schedule 2)
The Contractor is to make an independent estimate of the Initial Rectification Works which in
his view are necessary to bring the roads to below intervention standards within initial
rectification period and include the cost for those works in the item for Initial Rectification
Works. Other works needed to bring roads up to the required service levels, which are beyond
the scope of Ordinary Maintenance at the commencement of the project, but which are not
included in the items, Initial Rectification, Periodic Maintenance Works and Minor Improvement
Works, shall be included by the bidders in the lump sum price for Ordinary Maintenance
Services. Contractors are solely responsible for estimating the type and quantity of Initial
Rectification Works needed to meet the requirements of the contract.
In the initial stage, for the contractor to meet the service level compliance it will be necessary for
the Contractor to undertake Initial Rectification Works for the repair of surface defects (raveling,
stripping, de-laminations, rejuvenation of oxidized surface, fine hair cracking repair, etc.) in
bitumen roads
All Pavement repairs using BM, SDBC to correct large areas of Roughness, Rutting,
Depressions ,
Application of Tack Coat for Pavement repairs.
Repair minor dig Outs and Failed pavement sections,
Apply 7mm Light Surface Sealing for slurry seal to correct cracks > 5mm,
Applying 5mm Slurry Seal for cracks <5mm
Supply & spreading of granular material for Unsealed shoulder repairs to correct edge
drop off to carry roadside repairs,
Clearing and Grubbing

Remove Land Slips/Debries/Unsuitable soil.
Edge repairs to correct edge breaks,
Providing and constructing Coping, Plastering, Pointing , Apron, Masonry, Grouted
Revetment and White washing for CD and structural works
Application of road marking paints, fixing of road studs, sign boards, Kilometre stone,
and boundary / guard/ Guide stone.
The Initial Rectification Works indicated above may not be interpreted as to be sufficient in
order to assure compliance with any of the Service Levels required by the contract.
All assistance will be provided by the Employer to enable the Contractor to determine the
proposed Initial Rectification Works (this will be essential for long term contracts). This will
assist in the continual review and development of a program that suits the needs of the network
to achieve service level Compliance.
The following estimated quantities for Initial Rectification Works is the Employers estimate to
be able to achieve the desired Service Level for the entire road and has been provided as a
Guide to assist the Contractor in determining his Lump Sum for Initial Rectification Works.
Work locations have not been defined and the works to absorb the quantities below will need to
be assessed by the Contractor, be programmed and completed within initial rectification period
of start date.
Item
Description of Item Quantity Unit
No.
2.1 Repairs to for central carriage way:-
Providing Tack Coat with Bitumen 80/100 grade/Emulsion as

a Sqm
per MoRT&H Specification 503
Semi-Dense Bituminous Concrete with 5% 60/70 grade
b cum
bitumen to carry pavement repairs MoRT&H Specification 508.
Bituminous Macadam with 3.3% 60/70 grade bitumen to carry
c cum
pavement repairs as per MoRTH specification No. 504
Repair of Minor Digouts and Failed Sections MoRT&H Clause
d Sqm
No.406, 503,504,508,304,305.4.3, 202.

e Edge Repairs: MoRTH specification 406,407,501,503,504,508 RM
Light surface sealing size 7mm bitumen 80/100 grade seal
f applied to surface treatment as directed by the Engineer-in- Sqm
charge
g Slurry seal to seal cracks, fill voids and minor depressions for
thickness <5mm as per MORTH Clause No.516 and as directed
Sqm
by the Engineer.
2.2 Repairs to Berms and Shoulders:-

Cum
a Gravel for Roadside repair - MoRT&H Specification 305,407.

b Removal of Land Slip Material/Debris/Unsuitable Soil and Cum
disposal at approved spoil sites up to 500 m

c Earth work excavation in all soils by means of machinery Cum
2.3 Jungle clearance:-

a Scrub Jungle / Light Jungle Sqm

b Heavy Jungle Sqm
2.4 Repairs to cross drainage works:-

a Brick Masonry work in Cement mortar (1:6)
Cum
Providing Random Rubble Masonry work in cement mortar
Cum
b (1:6) as per MORTH specifications No.1400& 2200

c Plastering in CM (1:4) 20 mm thickas per Morth 1300 and 1200 Sqm
Pointing with Cement Mortor (1:4) - MoRTH specification 1300

d Sqm
and 2200
White Washing two coats to Cross
e drainage/Trees/Walls/Structures, etc as directed by Engineer Sqm
Providing Grouted pitching with rough stone (HBG) - MoRTH

f Cum
Specification No.2504

g Cement Concrete (1:3:6)

h Cement Concrete M15 grade

i Painting two coats with synthetic e Sqm

j Revetment with Rough stone Cum
2.5 Road Furniture
Fixing new Kilometer (KM) Stones as per MORTH Clause

a No
No.804
Fixing new guard/guide/boundary pillar as per MORTH
b No
Specification No.806.
Cautions boards, Informatory like Junctions boards, village
c
name boards etc.

i) Circular (60 cm dia) No

ii) Triangle (60 cm x 60 cm x 60 cm) No

iii) Rectangular (120 cm x 45 cm) No
CENTRE LINE MARKING with Hot Applied

2.6
Thermoplastic and fixing of studs
a Thermoplastic road marking as per MoRTH specification

Sqm
No.803
i) centre line marking 3.00 m length and 10 cm width with
a gap of 4.5 m as per IRC: 35.
ii) Edge painting and curve painting (continuous) as per
IRC : 35
b Fixing of studs No
Any additional activities the bidder considers necessary to
achieve the service level objective
These Initial Rectification Works and quantities indicated above are indicative as determined by
the Employer and should not be interpreted as the contractual requirement for these activities.
The contractor will need to assess the current road conditions and determine what works are
needed to meet the intervention criteria service levels within milestone period.
All works and materials are to be in accordance with the relevant sections as defined in Section
V, Part B of this Technical specification Rectification of stream bed upstream and downstream
of 10m preferably with PCC
D3 Performance Criteria and Service Level
There is no individual Performance Criteria and Service level requirement for Initial
Rectification Works. The Initial Rectification Works is for the purpose of assisting the
Contractor to bring the road up to the required intervention standard within initial rectification
period of the start date. However the performance criteria and service level requirement for
the ordinary maintenance as specified in part C will be applicable to Initial Rectification
works. Failure to bring the road below intervention standard by the stated time period will result
in Payment Reductions in the Ordinary Maintenance Lump Sum after the Initial Rectification
Works completion date.

On completion of the Initial Rectification Works the Contractor is to maintain the road under
Ordinary Maintenance.
D4 Procedures for Inspection and Payment
Payment for the Initial Rectification shall be made at the scheduled rate as measured on site and
agreed with the Employer up to the limit of the Lump Sum in the Contractors Bid. Where
requested by the Employer, the Contractor must verify both in quantity and quality that the
quantities of the works stated have been completed.
Payment for Items shall be in accordance to compliance with Part B of the Technical
Specifications and the relevant clauses of MoRTH
D5 Payment Reduction and Liquidated Damages
For failure to complete the work in the specified time period in accordance Clause 39 the
Liquidated Damages shall be imposed in accordance to Clause 39.3 of the Particular Conditions.

Section V, Part E
Specifications for Periodic Maintenance Works
Part E Specifications for Periodic Maintenance Works

1. Periodic Maintenance Works to be carried out by Contractor
2. Periodic Maintenance Works under Lump Sum (Schedule 3)
3. Performance Criteria
4. Service Level
5. Procedure for Inspection and Payment
E1 Periodic Maintenance Works
Periodic Maintenance works are the pavement resurfacing activities (SDBC t overlay) that are
beyond Ordinary Maintenance Activities. On completion of the Initial Rectification Works to
get the road to the desired Service Level, the Contractor shall commence applying surface
treatment (SDBC asphalt overlay). Within the first 4 years of the Contract, the Contractor is to
apply the surface treatment over the entire road except for the road sections under defect liability
defined in Section V Part A7(ii) of this Technical Specification.
The Contractor is to make an independent estimate of the Periodic Maintenance Works which in
his view are necessary to bring the roads to the required service level (Roughness Index) at the
required milestones, and include the cost for those works in the item for Periodic Maintenance
Works. The Lump sum is to include allowance for the application of not less than 25mm SDBC
wearing course for the Structural Overlay sections defined in Section V Part F Minor
Improvement Work. The wearing course activity shall be paid on a unit lane kilometres.
The Contractor shall conduct all necessary corrective works under Initial Rectification or
Ordinary Maintenance in preparation of the resurfacing. Prior to commencement of an overlay,
the Contractor is to notify the Employer of the impending commencement of the Works for
inspection in accordance with Clause 20 of the General Conditions. In addition to the specified
minimum depth, the Contractor is to ensure Camber correction is made for a cross fall of 2.5%
on the finished surface.
The Contractor shall engage such additional resources necessary to complete the specified
Periodic Maintenance works. The Contractor shall not utilize resources specified in this Contract
as being committed to Ordinary Maintenance activities.
E2 Periodic Maintenance Works under Lump Sum (Schedule 3)
All Periodic Maintenance works shall be completed year wise within the first 4 years of the
Contract period. The work shall be divided throughout this time period and for no single year,
the periodic quantity shall exceed 35% of the value of the Total Periodical Maintenance
Quantity.
As a guide to assist the Contractor in his bid, the following is the Employers estimate of the
amount of Bituminous Wearing Course anticipated for each year of the Periodic Maintenance
.
Approximate Approximate Approximate Approximate

Year Length of Single Length of Length of Double Length of
lane in Kms. Intermediate lane in Kms. Multilane ( width >
lane in Kms. 7.0 m) in Kms.
1
2
3
4
Total
Further, to assist the Contractor, a list of Year 1 to 4 sections has been prepared by the
Employer for each road using current road condition data collected by the Employer. The list
has been inserted below as a guide to assist the Contractor in selecting his final list of road
sections to have an Bituminous Wearing Course to meet the set service level Compliance for
each road. This quantity includes also the requirement for camber correction. The list includes
the application of 25mm SDBC wearing course for the Structural Overlay sections defined in
Section V Part F Minor Improvement Work
Location Recommen
ded
Road Name Treatment
Start Type
(KM) End (KM) Lane/width
First Year

25mm thick
SDBC with
Tack Coat



Total Length for 1st Year
Treatment
Second Year
25mm thick
SDBC with
Tack Coat

Total Length for 2nd
Year Treatment
Third Year
25mm thick
SDBC with
Tack Coat

Total Length for 3rd
Year Treatment
Fourth Year
25mm thick
SDBC with
Tack Coat


Total Length for 4th Year

Treatment
E3 Performance Criteria
The performance Criteria for Periodic Maintenance is Roughness. Roughness Service

Levels compliance is to be assessed using a Bump Integrator or similar equipment.
E4 Service Levels
The Contractor is responsible for ensuring that the road roughness is below the threshold values
given in the table below:
Time allowed for

Measurement/Detecti repairs or tolerance
Item Service Level
on permitted
Maximum IRI Average value for any one-km Measured with No tolerance allowed.
for any one-km road section must be less than the calibrated equipment
section of threshold value given below (in (Bump Integrator).
existing IRI average)
pavement
4500 IRI
Average Average value for entire road or Measured with No tolerance allowed.
Pavement road section must be less than the calibrated equipment
roughness for threshold value given below (in (Bump Integrator).
entire road IRI average)
4000 IRI

for any length of road section must be less than the calibrated equipment
a pavement upon threshold value given below (in (Bump Integrator).
receiving IRI average)
periodical
3500 IRI
renewal
for any one-km road section must be less than the calibrated equipment
section of threshold value given below (in (Bump Integrator).
existing IRI average)
pavement
4000 IRI
Completion
report
( exit criteria )
E5 Procedures for Inspection and Payment
The Roughness is to be measured at the beginning of the Contract as part of the Initial Road
Condition Report to confirm the sections that do not meet these Service Level criteria. On
completion of the Initial Rectification, Periodic Maintenance Works and Minor Improvement
Works at the end of year 1 the roughness shall be taken as part of the Milestone Report.
If the measurement reveals that the road roughness is above the Service Level, the Employer will
establish a time frame for the Contractor to take the measures necessary to correct the non-
conformance. That time frame should normally ensure that the corresponding works are
completed within four months. The Employer may however grant a longer period if, in the
opinion of the Employer the circumstances warrant such longer period. Upon completion of the
non conforming section the relevant section roughness shall be measured again to confirm
compliance. Liquidated Damages shall apply after the granted date until the non-conformance
has been corrected.
A further measurement shall occur in the first 3 months of year 5 as part of the completion
report. The contractor will be required to correct any non-conformances and re measure prior to
the Completion of the Contract. If the any section of the road does not meet the Service Level
prior to the end of the Contract, Liquidated damaged shall apply in accordance to Clause 40.3 for
the General Conditions. .
E6 Payment Reduction and Liquidated Damages
For failure to complete the work in the specified time period in accordance Clause 39 the
Liquidated Damages shall be imposed in accordance to Clause 39.3 of the Particular Conditions.
For non-compliance with the Performance Requirement on road roughness and 25 mm layer
thickness at the measurement in accordance to Clause 40 of the General Conditions, the
contractor can correct the non compliance at his own cost for retesting within the timeframe
agreed with the Employer or pay Liquidated Damages as detailed in Clause 40.3 of the Particular
Conditions.

Section V, Part F
Specifications for Minor Improvement Works
List of Contents
Part F Specifications for Minor Improvement Works

1. Minor Improvement Works to be carried out by Contractor
2. Description of Minor Improvement Works
3. List of Documents Related to Minor Improvement Works for Approval & review
4. Payment for Minor Improvement Works
5. Measurement
6. Quality Requirements
7. Service Level Performance
F1 Minor Improvement Works to be carried out by Contractor
For the Contractor in the initial stage of the contract period to meet the service level compliance
it will be necessary to undertake sections of improvement works for the repair of the bitumen
roads. The Minor Improvement Work defined is for Major Dig-outs with new pavement, and
Structural Overlays, Profile correction, Reconstruction of Pipe culverts etc.
F2 Description of Minor Improvement Works
The contractor will have to carry out the following Minor Improvement Works:
Road Name Location Recommended

Treatment Type
............ Start End
............ ............ ............
............ ............
............ ............
............ ............ ............
............ ............
............ ............
............ ............
............ ............ ............

............ ............
............
............
............ ............ ............ ............

............ ............
............ ............
............ ............ ............

............ ............ ............
............ ............ ............
............ ............
YEAR- 2 Works
............ ............ ............ ............
............ ............
............ ............
............ ............ ............
............ ............
............ ............
............ ............ ............
............ ............
............ ............
............ ............
............ ............
............ ............
............ ............
YEAR-2 Works
............ ............ ............ ............

............ ............ ............
............ ............ ............
............ ............ ............ ............
............ ............ ............ ............
............ ............ ............
............ ............ ............
............ ............ ............ ............
The quantities for the above Minor Improvement Works are detailed in Schedule 4 and shall be
used for conformity for assessing the bid. Where requested by the Employer, the Contractor
must verify both in quantity and quality that the quantities of works stated below have been
completed.
These Minor Improvement Works indicated above should not be interpreted as to be sufficient in
order to initiate compliance with any of the Service Levels required by the contract. The
contractor will need to assess the current road conditions and determine what works are needed
to meet the timetables for service level compliance.
F3 List of Documents Related to Minor Improvement Works for Approval or
Review
The following documents are specified in accordance with sub-clause 8.4.1 of the GC:
For Approval
Any recommended or innovative treatments that differ from the standards included in the
General Specification.
For Review
Quality of materials used in the works
Design for bituminous concrete
Linear diagrams of all completed road surfacing and Minor Improvement Works
Drawings and as built plans for structures, culverts, retaining and breast walls, parapets, etc.
Details and location of all new road signs, distance markers or other road utilities
F4 Payment for Minor Improvement Works
The Minor Improvement Works indicated above will be remunerated based on the unit prices
shown in the Schedule of Prices. The Contractor will invoice Minor Improvement Works as part
of the Monthly Statements and in accordance with the Minor Improvement Works actually
carried out as approved by the Employer and measured by unit price as stated in the Schedule of
Prices.
F5 Measurement
Where material is to be measured by volume it shall be measured in cubic meters. The Contractor
shall measure and document the volume of all materials supplied under the Contract in
accordance with the Specification and the Contractors Contract Quality Plan.
Further, the Contractor shall provide, on request by the Employer, objective evidence to the
ongoing verification of the accuracy of the thickness of bituminous overlay.
Payment under this item will include full compensation for all labour, plant, and materials used
in meeting the specified requirements. Failure to carryout the works in the time specified will
result in the Contractor being liable for liquidated damages.
Payment for this work is to cover all necessary preparation, tack coat, ancillary works, building
up the shoulders to match the new pavement edge level, sign poles and any other works not
specially mentioned necessary to carryout this work.
F6 Quality Requirements
If any sub-standard work is identified by the Contractor or the Employer during inspection,
action will be taken to correct the sub-standard work in accordance with Clause 20.6 of the
General Conditions. Failure to correct the work shall result in non payment for the identified
item.
SDBC/BM/DBM Bituminous items:

a) Thickness:
The average thickness shall not be less than 25 mm for SDBC, 50 mm for BM layer.
F7 Service Level performance

To ensure that the new pavement meet final roughness requirements. Roughness Service Levels
compliance is to be assessed using a Bump Integrator or similar equipment
The Employer owns a Bump Integrator and survey vehicle suitable for carrying out the
roughness survey. The Contractor is encouraged to arrange to hire the vehicle with driver, as
necessary, to under take the survey under the supervision of the Employer.
The Contractor is responsible for ensuring that the road roughness is below the threshold values
given in the table below:
The threshold value is the maximum allowed average for any new pavement constructed as part
of the major dig outs works and any structural overlayed pavement sections defined under Minor
Improvement Works.
The tighter measurements are to ensure that the roughness measurement is within the overall
limits at the end of the Contract
Time allowed for

Measurement/Dete repairs or
Item Service Level tolerance
ction
permitted
Maximum IRI for Average value for any one-km road Measured with calibrated No tolerance
any length of section must be less than the equipment (Bump allowed.
pavement under threshold value given below (in IRI Integrator).
Minor average)
Improvement
2000 IRI
On completion of the Minor Improvement Works and 1st year Periodic Maintenance Works
defined in Section V Part D, at the end of year 1 the roughness shall be taken as part of the
Milestone Report. If the measurement reveals that the road roughness is above the Service
Level, the Employer will establish a time frame for the Contractor to take the measures
necessary to correct the non-conformance. That time frame should normally ensure that the
corresponding works are completed within four months. The Employer may however grant a
longer period if, in the opinion of the Employer, the circumstances warrant such longer
period. Upon completion of the non conforming section the relevant section roughness shall be
measured again to confirm compliance. Liquidated Damages shall apply after the granted
date until the non-conformance has been corrected.

F8 Payment Reduction and Liquidated Damages For failure to complete the work in the
specified time period in accordance Clause 39 the Liquidated Damages shall be imposed in
accordance to Clause 39.3 of the Particular Conditions. For non-compliance with the
Performance Requirement on road roughness at the Milestone measurement in accordance to
Clause 40.3, the contractor can correct the non compliance at his own cost for retesting within
the timeframe agreed with the Employer or pay Liquidated Damages as detailed in Clause 40.3 of
the Particular Conditions.

Section V, Part G Specifications for Emergency Works
List of Contents
Part G Specifications for Emergency Works

1. Definition of Unforeseen Natural Phenomena
2. Procedure for requesting Emergency Works
3. Remuneration of Emergency Works
4. Provision for Emergency Works
5. Obligations of Contractor during Emergencies and Emergency Works
6. Minor repairs made necessary by Unforeseen Natural Phenomena
G1. Definition of Unforeseen Natural Phenomena
Emergency Works are designed to repair those damages to the roads under contract which are
caused directly by unforeseen natural phenomena with imponderable consequences , due to the
reasons beyond the control of contractor occurring either in the area of the roads or elsewhere,
but with a direct impact on the roads. Unforeseen Natural Phenomena are defined as follows:
(i) Flooding where water levels rise above the crown level of the road resulting in complete
or partial washout of the culvert or road embankment causing disruption of traffic. Any
damage which results from insufficient maintenance of drainage structures will not be
considered as emergency and will need to be repaired from within the Ordinary
Maintenance Services.
(ii) Major landslides (greater then 50 m3) which block the road carriageway and drains,
encroach onto the road surface and interrupts the flow of traffic or is unsafe. Can be
caused by heavy rains or earthquakes. Landslides within the right-ofway caused by
overflow of poorly maintained cut-off drains or catch dams will not be considered as an
emergency and will need to be removed as part of Ordinary Maintenance Services.
(iii) Traffic accidents which interrupts traffic and causes insurmountable damage to the road.
Nevertheless, the Contractor will be responsible to provide full support to the police and
road users and arrange signing and cleanup of site or sanding as necessary is part of
Ordinary Maintenance Services.
(iv) Due to the reasons beyond the control of contractor in routine maintenance of road under
contract conditions like continuous/ incessant rains , other events listed in the clause 38
.1 of General Conditions, etc.,
G2. Procedure for Requesting Emergency Works
If damages clearly caused by Unforeseen Natural Phenomena result in a reduction of Service

Levels below the normal threshold values specified in this contract, the Contractor may make a
formal request to the Employer to carry out Emergency Works designed specifically to remedy
those damages. If the Contractor decides to make a request for Emergency Works , he must (i)
immediately inform the Employerr of his intention to do so, by telephone, radio or other means,
(ii) document the circumstances of the Force Majeure event and the damages caused, through
photographs, video and other suitable means, (iii) prepare a written request, stating the type of
works he intends to carry out, their exact location and the estimated quantities and costs,
including photographic documentation. In any case, a request for Emergency Works must be
made immediately after the Contractor gains knowledge of the existence of damages caused by
Unforeseen Natural Phenomena.
The Employer, upon receipt of the request and not later than 24 hours thereafter, will evaluate the
request made by the Contractor based on a site visit, and issue an order to carry out the
Emergency Works. The order will specify the type of works, their estimated quantities, the
remuneration to be paid to the Contractor, and the time allowed for their execution. The order
may indicate a requirement for an engineering/geotechnical assessment of the options for the
permanent repairs to the site.
G3. Remuneration of Emergency Works
Emergency works are remunerated by the Employer from the provisional sum for each work
order established on the basis of executed quantities at the unit prices covered under Schedule 4
for similar items and for other items the unit prices shall be based on the SOR available just
before the execution of work arrived as per Clause 61 and 63 of General Conditions of Contract.
In the event of unforeseen events, works shall be conducted as Emergency Works (Dayworks).
These Works shall be undertaken under Dayworks only where formally approved by the
Employer. Works carried out under Dayworks shall be for minor items of works which are not
within the scope of Schedule 1, 2, 3 or 4 activities. The Contractor shall maintain detailed
records for the items of plant or materials utilised under Dayworks and shall obtain the
Employers Representative endorsement of the site dockets to verify times and quantities used.
In emergency incidents, where the emergency work is beyond the scope of OM responsibilities
and not listed in the schedule, the Contractor shall provide the Employer a full listing of costs in
accordance with the rates tendered in work Schedule 4. Once the site has been made safe, the
Contractor is not to proceed with remedial works until the approval of the Employer is received.
G4. Provision for Emergency Works
The total contract amount will include a provisional sum of Emergency Works during the
contract period. The actual payments for Emergency Work will be based on the actual quantities
executed.
G5. Obligations of Contractor during Emergencies and Emergency Works
Given the nature of this contract and the fact that Emergency Works are remunerated separately,
the Contractor will, during the execution of Emergency Works, continue to be responsible for
assuring the normal Service Levels on all roads included in the contract. In particular, the
Contractor will do everything reasonably possible in order to ensure the normal use of all the
roads under contract, including the sections affected by emergencies.
If road traffic has been interrupted because of an emergency, the Contractor will take the
measures necessary (i) to reopen the road to traffic in the shortest time possible, and (ii) maintain
the road open during emergency works, without being entitled to a specific compensation for
those measures. This is valid specifically for trees or other objects which may have fallen on the
road, damage to access ramps to bridges, erosion of embankments, collapse of slopes, traffic
accidents, flooding, Rectification of natural streams for damages caused due to flood etc.
G6. Minor repairs made necessary by Unforeseen Natural Phenomena
If the works necessary to remedy damages caused by an Unforeseen Natural Phenomena are
below certain threshold values, the Contractor will carry out those works as part of his normal
obligations and without having the right to invoke the provision of the contract concerning
emergencies and the remuneration of emergency works. In these cases the consent of the
Employer is not needed and the Contractor will simply carry out the works on his own initiative.
He will nevertheless inform the Employer of the damages occurred and the remedial measures
taken.
The threshold values for minor repairs are as shown in the table below:
Activity Unit Threshold Quantity per

emergency event
Slides of material onto road m3 50
Culverts Number 1
Bituminous concrete m3 20
Base course m3 50
Concrete m3 5
Embankment m3 50

Section V - Part H
Environmental Requirement
List of Contents
Part H Environmental Specification

1. General
2. Construction camp and Workers Camp
3. Establishing Construction Plant
4. Quarry Operations
5. Borrowing of Earth
6. Soil Erosion and Sedimentation Control
7. Substance Hazards to Health
8. Fuel and Chemical Storage
9. Water Quality
10. Air Quality
11. Noise
12. Flora and Fauna
13. First Aid Facilities
14. Transmission of Disease
15. Conservation of Religious Structures and Shrines
16. Preservation of Archeological Assets and Antiquities
17. Environmental Enhancement
18. Management of Waste Materials
19. Road Encroachments
20. Labor
21. Workers Accident Risks
22. Reinstate the Land
23. Contractors Checklist
24. Legislative Permits/Approvals
The Environmental Management Framework (EMF) has been prepared for Contracts
under OPRMC. Part H is to be read in conjunction with the EMF, which is available at the
Employers office by request. The Contractors checklist is also prepared and given in
Appendix F.1, which is to be submitted to the Employer and serves as basis for complying with
safeguard measures to be implemented by the Contractor and monitored by the Employer. The
Environmental Management Action Plan (EMAP) of EMF is also given in Appendix F.2,
which shall be read in conjunction with the environmental specification. Appendix F.3 gives
Environmental Sensitive Areas through which works shall not proceed without clearance from
the Employer.
H1 General
The Contractor shall be required to take all necessary measures and precautions and otherwise
ensure that the execution of the works and all associated operations on-site or off-site are carried

out in conformity with the statutory and regulatory environmental requirements including those
prescribed in the EMF and elsewhere in this document.
The Contractor shall take all the measures and precautions to avoid any nuisance or disturbance
arising from the execution of the works. This shall, wherever possible be achieved by
suppression of the nuisance at source rather than abatement of the nuisance once generated. The
provisions of this sub-clause shall however, be disregarded in respect of emergencies required
for saving life or for the safety of the works.
In the event of any spoil or debris or silt from the sites being deposited on adjacent lands, the
Contractor shall immediately remove such spoils, debris or silt and restore the affected area to
its original state to the satisfaction of the Employer.
Surplus excavation materials and topsoil shall, wherever possible, be used to reinstate quarries
or borrow pits or other areas as may be approved by the Employer. Such materials should be
spread in such a manner as to limit subsequent erosion and shall be re-vegetated as existing
ground cover dictates. Restoration of borrow pits and quarries shall be undertaken in an
appropriate time frame to avoid formation of cess pools and other environmental hazards.
Contractor shall comply with the requirements of various environmental statutes, as may be
applicable, some of which are mentioned below:
Environment (Protection) Act, 1986, and as amended
Water (Prevention and Control of Pollution) Act, 1974, and as amended
Air (Prevention and Control of Pollution) Act, 1981, and as amended
Noise Pollution (Control and Regulation) Rules, 2000, and as amended
Manufacture, Storage and Import of Hazardous Chemical Rules of 1989 and amendments of
1994, 2000 and 2002
Hazardous Waste (Management and Handling) Rules
The Wildlife (Protection) Act, 1972, and as amended
Forest Conservation Act, 1980, and as amended
Motor Vehicle Rules, 1989, and as amended
Public Liability Insurance Act, 1991, and as amended
National Environmental Tribunal Act, 1995, and as amended
National Environment Appellate Authority Act, 1997, and as amended
Contract Labour (Regulation and Abolition) Act 1970, and as amended
Workmen Compensation Act 1923, and as amended
The Factories Act 1948, and as amended
The Building and Other Construction Workers (Regulation of Employment and Conditions
of Service) Act 1996 and the Cess Act of 1996, and as amended
Child Labour (Prohibition and Regulation) Act 1986, and as amended

Inter-State Migrant Workmens (Regulation of Employment and Conditions of Service) Act
1979
H2 Construction Camp and Workers Camp
Unless otherwise specified the Contractor is at liberty to make his own arrangements with
landowners to establish construction camps and workers camp. Prior to the development of such
camps the Contractor shall submit to the Employer the signed authority of the landowner for the
Contractor to establish the construction camp on any land. Location of such camp shall be 1.5
km from boundaries of designated Reserved Forests, Sanctuary or National Park, 1.5 km from
river, stream and lake and 500 m from ponds, 250 m from the boundary of State and National
highways and 1.5 km from the nearest habitation.
The Contractor shall also submit to the Employer the following information signed by the
landowner and the Contractor:
Present land use category
details of compensation to be paid,
agreed period of tenure,
any specific requirements of the landowner,
photographs of the site in its original condition, and
details of proposed and agreed site restoration plan after completion of the project
works.
Contractor shall provide and maintain proper sanitation and adequate water supply facilities
including potable drinking water at his own cost to the workers. All camp facilities shall be
maintained in a safe clean and or appropriate condition throughout the construction period.
The Contractor shall provide, equip, and maintain adequate first aid facilities and erect
conspicuous notice boards directing where these are situated and provide all required transport.
The Contractor shall comply with the government medical or labour requirements at all times
and provide, equip and maintain first aid centre where directed and at all times have experienced
first aid personnel available throughout the works for attending injuries.
At the completion of construction, all construction camp facilities shall be dismantled and
removed from the site. The site shall be restored to a condition in no way inferior to the
condition prior to commencement of the works. Various activities to be carried out for site
rehabilitation include:
Oil and fuel contaminated soil shall be disposed of in a deep trench as given in Sl. No.
C4 of EMAP (Appendix F.2).
Soak pits, septic tanks shall be covered and effectively sealed off.
Debris (rejected material) should be disposed off suitably (refer Appendix 11 of EMF
for detailed guideline).
Ramps created should be levelled.
Underground water tank in a barren/non-agricultural land can be covered. However, in
an agriculture land, the tank shall be removed.
If the construction camp site is on an agricultural land, top soil can be spread so as to aid
faster rejuvenation.Proper documentation of rehabilitation site is necessary. This shall
include the following:
Photograph of rehabilitated site;
Land owner consent letter for satisfaction in measures taken for rehabilitation of
site;
Certification from Employeror delegated Representative.
In cases, where the construction camps site is located on a private land holding, the contractor
would still have to restore the campsite as per this guideline. The rehabilitation is mandatory
and should be include in the agreement with the landowner by the contractor. Also, he would
have to obtain a certificate for satisfaction from the landowner. If such a statement is not
submitted, the Employermay withhold payment as per the payment deduction summary for
Contract given in C7(iii) of the Technical Specifications
H3. Establishing construction plants (Hot mix plant, Crusher, DG sets etc.)
All material from bituminous work shall be sourced from Hot Mix Plants (HMP), road side pan
boiling of bitumen shall not carried out. If absolutely necessary, with the Employers approval,
mobile hot mixer with hood may be used at least 1.5 km from the nearest habitation in the cross
wind direction.
During the establishment of the construction plant the Contractor shall submit the Consent for
Establishment (CFE) from BSPCB to the Employer. Location of construction plant shall be
from 1.5 km away from settlement, school, hospital on downwind directions, 1.5 km from any
archaeological site, 1.5 km from ecologically sensitive areas i.e. forest, national park, sanctuary
etc., 1.5 km from rivers, streams and lakes, 500 m from ponds, 500 m from National Highway,
250 m from State Highway, 100 m from District roads and other roads (The distance are to be
measured from edge of Road to boundary of site), away from agricultural land and preference to
barren land. Complying all relevant provisions of the Factories Act, 1948 and the Building and
other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
H4. Quarry Operations
The Contractor shall obtain materials from licensed and Government approved quarries. In case
of opening new quarry the Contractor shall obtain materials only after obtaining necessary
license and lease deed from Mining Department, District Administration and Forest Department
etc., as shall be applicable. Copy of such permission shall be submitted to the Employer. The
quarry operation shall be undertaken within the purview of the rules and regulations in force.
Quarry Operations and Management (if new quarries are opened)
New quarry shall be at least 1.5 km away from the settlement, forest and other
ecologically sensitive areas;
Quarry shall be away from water body;
Contractor shall estimate water requirement for dust suppression at quarry sites during
operation and for water spraying on kutcha (non-metal) haul road and ensure availability
of water by identifying sources and obtaining necessary permission;
Contractor shall prepare quarry sites operation and redevelopment plan considering
surrounding land uses, local needs and agreement with the landowner;
Only licensed blaster i.e. short-firer certificate holder will be responsible for quarry
blasting;
Permits for transportation, storage and use of explosive, as will be required, shall be
obtained from the Controller of Explosive;
Overburden shall be removed and disposed as per Appendix 10 of EMF;

In case of blasting, the procedure and safety measures shall be taken as per The
Explosive Rules, 1983;
The Contractor shall ensure that all workers related safety measures shall be taken
Quarry operation will be undertaken in stages with adequate benching; and
Redeveloping the area within 2 weeks (or as will be agreed upon) of completion of
quarry material collection.
H4.1 Use of Explosive for Blasting
The Contractor shall adopt any method or methods of blasting consistent with the safety and job
requirements. Prior to starting any phase of the operation the Contractor shall provide
information describing pertinent blasting procedures, dimension and notes.
The magazine for the storage of explosives shall be built as per national / international standards
and located at the approved site. No unauthorized person shall be admitted into the magazine
which when not in use shall be kept securely locked. No matches or inflammable material shall
be allowed in the magazine. The magazine shall have an effective lightning conductor. The
following shall be displayed in the lobby of the magazine:
A copy of the relevant rules regarding safe storage in English and in the language
with which the workers concerned are familiar.
A statement of up-to-date stock in the magazine.
A certificate showing the last date of testing of the lightning conductor.
A notice that smoking is strictly prohibited.
All explosives shall be stored in a secure manner in compliance with all laws and ordinances,
and all such storage places shall be clearly marked. Where no local laws or ordinances apply,
storage shall be provided to the satisfaction of the Engineer in charge and in general not closer
than 300 m from the road or from any building or camping area or place of human occupancy.
In addition to these, the Contractor shall also observe the following instructions and any further
additional instructions which may be given by the Employer and shall be responsible for
damage to property and any accident which may occur to workmen or the public on account of
any operations connected with the storage, handling or use of explosives and blasting.
H4.2 Blasting Operations
The blasting shall be carried out during fixed hours of the day preferably during the mid-day
luncheon hour or at the close of the work as ordered in writing by the Employer. The hours shall
be made known to the people in the vicinity. All the charges shall be prepared by the man in
charge only.
The Contractor shall notify each public utility company having structures in proximity to the
site of the work of his intention to use explosives. Such notice shall be given sufficiently in
advance to enable the companies to take such steps as they may deem necessary to protect their
property from injury. In advance of any blasting work within 50 m of any railway track or
structures, the Contractor shall notify the concerned Railway Authority of the location, date,
time and approximate duration of such blasting operations.
Red danger flags shall be displayed prominently in all directions during the blasting operations.
The flags shall be planted 200 m and 500 m from the blasting site in all directions for blasting at
work site and quarry, respectively. People, except those who actually light the fuse, shall be
prohibited from entering this area, and all persons including workmen shall be excluded from
the flagged area at least 10 minutes before the firing, a warning siren being sounded for the
purpose.
H5. Borrowing of Earth (in case of opening of new borrow areas)
H5.1 Borrow Area Selection
Borrowing within the ROW is prohibited-under this contract. However, earth available from
excavation for roadside drains as per design, may be used as embankment material (if necessary
and applicable), subject to approval of the Employer, with respect to acceptability of material.
Borrowing to be avoided on the following areas:
For land close to toe line, the minimum distance shall be 30m distance from ROW and 5
m from toe of embankment, whichever is higher.
Irrigated agricultural lands (In case of necessity for borrowing from such lands, the
topsoil shall be preserved in stockpiles.
Land within 1km of settlements.
Environmentally sensitive areas such as Reserve Forests, Protected Forests, Sanctuary,
wetlands. Minimum distance of 1.5 km should be maintained from such areas.
Unstable hill-sides.
Water-bodies (only if permitted by the local authority, and with specific re-development
plans approved by the Employer)
Areas known to support rare plant/ animal species;
Adequate drainage system shall be provided to prevent the flooding of the excavated
area
At the stockpiling locations, the Contractor shall construct sediment barriers to prevent
the erosion of excavated material due to runoff.
During excavation slopes shall be 1:1 or 2H:1V to prevent their sliding.
H5.2 Documentation of Borrow Pit
The contractor must ensure that following data base must be documented for each identified
borrow areas before commencing the borrowing activity that provide the basis of the
redevelopment plan.
Chainage along with offset distance;
Area (Sq.m);
Photograph and borrow pit from all sides;
Type of access/width/kutcha/pucca etc from the carriageway;
Soil type, Slope/drainage characteristics;
Water table of the area or identify from the nearest well, etc;
Existing land use, for example barren/agricultural/grazing land;
Location/name/population of the nearest settlement from borrow area;
Quantity excavated (likely and actual) and its use;

Copy of agreement with owner/government; and
Borrow areas shall be redeveloped based on terrain, surrounding land use and local needs, such
as agriculture land, water tank, plantation etc. Rehabilitation certificate from the land owner
along with at least four photograph of the rehabilitated site from different angles.
H6. Soil Erosion and Sedimentation Control
The Contractor shall carry out the works in such a manner that soil erosion is fully controlled,
and sedimentation and pollution of natural watercourses, ponds, tanks and reservoirs is avoided.
The stipulations in Clause 308 of the Technical Specification of MoRTH (for Roads and
Bridges) shall govern.
H7. Substances Hazardous to Health
The Contractor shall not use or generate any materials in the works, which are hazardous to the
health of persons, animal or vegetation. Where it is necessary to use some substances, which can
cause injury to the health of workers, the Contractor shall provide protective clothing or
appliances to his workers.
All workers employed on mixing bituminous material, cement, lime mortars, concrete etc., will
be provided with protective footwear and protective goggles. Workers, who are engaged in
welding works, would be provided with welder's protective eye-shields. Stone-breakers will be
provided with protective goggles and clothing and will be seated at sufficiently safe intervals.
H8. Fuel and Chemical Storage
All fuel and chemical storage shall be sited on an impervious base within an embanked area and
secured by fencing. Location of fuel storage and refilling areas at least 500m from all cross
drainage structures and important water bodies and storing of fuel and lubricants on a sand
flooring of at least 6 thick, done on brick edge flooring and polyethylene sheet. The base and
walls of the embankment shall be impermeable and of capacity to contain 125 % of the volume
of tanks (i.e. 25 % of spare capacity).
Filling and refuelling shall be strictly controlled and subjected to formal procedures. All valves
and trigger guns shall be resistant to unauthorised interference and vandalism and be turned off
and securely locked when not in use. The contents of any tank or drum shall be clearly marked.
Measures shall be taken to ensure that no contamination happens or discharges enter any drain
or watercourse.
H9. Water Quality
Arrangement for construction water shall be the sole responsibility of the Contractor. Contractor
can use pond, natural water source or identified to fill up for the project, but in that case, before
using contractor shall obtain written consent from the owner / community and submit them to
the Employer. To avoid disruption/disturbance to other water users, the contractor shall extract
water from fixed locations and obtain approval from the Employer before finalizing the
locations.
The Contractor shall prevent any interference to water supply or water abstraction sources
(including underground percolating water) as a result of execution of the works. Areas where
water is regularly or repetitively used for dust suppression purposes shall be laid to fall to
specially constructed settlement tanks to permit sedimentation of particulate matter. After
sedimentation, the water may be re-used for dust suppression.
All water and liquid waste products arising on the sites shall be collected and disposed of at
location onsite or off site and in a manner that shall not cause nuisance or pollution. The
Contractor shall not discharge or deposit any matter arising from the execution of the works into
any place except with the permission of the Employer and the regulatory authorities concerned.
The Contractor shall protect all water-courses, water ways, ditches, canals, drains, lakes and the
like from pollution, silting, flooding or erosion as a result of the execution of the works.
The Contractor shall submit the details of his temporary drainage work system (including all
surface channels, sediment traps, washing basins and discharge-pits) to the Employer for
approval prior to commencing works on its construction.
H10. Air Quality
The Contractor shall devise and arrange methods of working to minimize dust, gaseous or other
air borne emissions and carry out the works in such a manner as to minimize adverse impacts on
air quality.
Bituminous hot mix plants and concrete batching plants shall be located sufficiently away from
habitation, agricultural operations or commercial establishments as stipulated in H3. The
Contractor shall submit a detailed lay-out plan for all such sites and approval of the Employer
shall be necessary prior to their establishment. Specifications of crushers, hot mix plants and
batching plants shall comply with the requirements of the relevant current emission control
legislations and Consent/NOC for all such plants shall be submitted to the Employer. The
Contractor shall not initiate plant/s operation till the required regulatory clearances are obtained
and submitted.
The Contractor shall utilize effective water sprays during the crushing, delivery, handling and
mixing of materials when dust is generated and dampen stored material during dry weather. All
crushers used in construction shall confirm to relevant dust emissions control as shall be
stipulated as per BSPCBs CFO.
Stockpiles of materials should be sited in sheltered areas or within hoarding, away from
sensitive areas. Stockpiles of finer materials shall be covered with clean tarpaulins with
application of sprayed water during dry and windy weather. Stockpiles of debris shall be
dampened prior to their movement, except where this is contrary to the specifications.
Any vehicle with an open load carrying area used for transport of potentially dust producing
materials shall have properly fitting side and tailboards. Materials having potential to produce
dust shall not be loaded to a level higher than the side and tail boards and shall be covered with
clean tarpaulin in good condition. The tarpaulin should be properly secured and extended to at
least 300 mm over the edges of the sideboard and tailboard.

During high wind, no dust generating operations shall be permitted within 200m of residential
areas having regard to the prevailing direction of the wind.
Construction vehicles and machinery shall be kept in good working order and engines turned off
when not in use. Appropriate measures shall be taken to limit exhaust emissions from
construction vehicles, machinery and plant and the Contractor shall include details of such
proposed measures in the mitigation and monitoring plan to be submitted to the Employer .
The waste disposal and sewerage system for the camp shall be properly designed, built and
operated so that no odour is generated. Compliance with the Factory Act, the Building
and other construction workers (regulation of employment and conditions of service) Act,
1996 and all other relevant legislation shall be strictly adhered to.
In residential areas or other sensitive areas, such as nurseries, schools, hospitals, etc., advance
warning shall be given to potentially affected persons before commencement of the works.
All the construction equipment vehicles shall have valid Pollution under Control (PUC)
certificates and working reverse horn as per Motor Vehicles Rules.
H11. Noise
The Contractor shall consider noise as an environmental concern in his planning and during
execution of the works.
The Contractor shall use plant and equipment conforming to international/ national standards
and directives on noise, vibrations and emissions shall include the details of measures for
abating noise at source in the mitigation and the monitoring plan to be submitted to the
Employer.
The Contractor shall take all necessary measures to ensure that operation of all mechanical
equipment and construction processes on and off the site shall not cause any unnecessary or
excessive noise, taking into account all applicable environmental requirements. The Contractor
shall use all necessary measures and shall maintain all plant and silencing equipment in good
condition so as to minimize the noise emissions during construction works.
Workers in vicinity of strong noise, and workers working with or in crushing, compaction,
batching or concrete mixing operations shall wear earplugs.
Construction activities generating noise level more than 75 dB (A) shall be avoided between
10PM and 6AM within 200m of residential areas. When operating within 200m of sensitive
areas such as nursery, school or medical facilities, working hours shall be limited to 8 A.M. to 6
P.M. The noise level should not exceed 75 dB (A) at 1m from source while working near
sensitive and residential areas.
H12. FLORA AND FAUNA
Loss or Damage of Vegetation
(a) All works shall be carried out in such a fashion that the damage or disruption to the flora is
kept at a minimum. Trees or shrubs will only be felled or removed that impinge directly on
the permanent works or necessary temporary works with prior approval from the Employer.
(b) The Employer shall approve such felling, only when the Employer secures receives a
"clearance" for such felling from the Department of Forest, as applicable.
(c) Any maintenance works in national parks/sanctuaries shall be carried out only after the
Employersecures prior permission from competent authorities.
Loss, Damage or Disruption to Fauna
(a) All works shall be carried out in such a fashion that the damage or disruption to the fauna is
kept at a minimum.
(b) Construction workers shall be instructed to protect natural resources and fauna,
including wild animals and aquatic life,
(c) hunting and unauthorized fishing shall be strictly prohibited.
H13. First Aid Facilities
First Aid facilities shall be provided to the labour at each camp site. A separate room for first
aid facilities should be built with one bed. Emergency Response System with Action Tree shall
be displayed at the facilities. The site first aid room should display awareness posters on safety
facilitation hygiene and HIV/AIDS awareness.
First Aid Box will be provided at every maintenance campsite and under the charge of a
responsible person who shall always be readily available during working hours. He shall be
adequately trained in administering first aid-treatment. The first aid box shall contain the
following.
6 small sterilized dressings
3 medium size sterilized dressings
3 large size sterilized dressings
3 large sterilized burns dressings
1 (30 ml) bottle containing 2 % alcoholic solution of iodine
1 (30 ml) bottle containing salvolatile
1 snakebite lancet
1 (30 gms) bottle of potassium permanganate crystals
1 pair scissors
Ointment for burns
A bottle of suitable surgical antiseptic solution
In case, the number of labour exceeds 50, the items in the first aid box shall be doubled.
Malarial Risk - The Contractor shall, at his own expense, conform to all anti-malarial
instructions given to him by the Employerand District Health Director.

H14. Transmission of Diseases
The Contractor shall create awareness among his workforce to prevent transmission of diseases
between the local inhabitants and the labourers engaged for the works, especially with regard to
sexually transmitted diseases.
H15. Conservation of Religious Structures and Shrines
All necessary and adequate care shall be taken to minimize impact on cultural properties which
includes cultural sites and remains, places of worship including temples, mosques, churches and
shrines, etc., graveyards, monuments and any other important structures as identified during
design and all properties / sites / remains notified under the Ancient Sites and Remains Act). No
work shall spill over to these properties, premises and precincts. Access to such properties from
the road shall be maintained clear and clean.
H16. Preservation of Archaeological Assets and Antiquities
The Contractor shall take all necessary measures to protect any archaeological finds or
antiquities as required.
During earth excavation, if any property is unearthed and seems to be culturally significant or
likely to have archaeological significance, the same shall be intimated to the Employer. Work
shall be suspended until further orders from the Employer. The State Archaeological
Department shall be intimated of the chance find and the Employershall carry out a joint
inspection with the department. Actions as appropriate shall be intimated to the Contractor
along with the probable date for resuming the work.
All fossils, coins, articles of value of antiquity, structures and other remains or things of
geological or archaeological interest discovered on the site shall be the property of the
Government and shall be dealt with as per provisions of the relevant legislation.
The contractor shall take reasonable precautions to prevent his workmen or any other persons
from removing and damaging any such article or thing. He shall, immediately upon discovery
thereof and before removal acquaint the Employer of such discovery and carry out the
instructions for dealing with the same by the Employer waiting while all work shall be stopped.
The Employer shall seek direction from the Archaeological Survey of India (ASI) before
instructing the Contractor to recommence the work in the site.
H17. Environment Enhancement
All existing highways and roads used by vehicles of the Contractor or any of his sub-
Contractors or suppliers of materials or plant, and similarly any new roads which are part of the
works and which are being used by traffic, shall be kept clean and clear of all dust/mud or other
extraneous materials dropped by the said vehicles or their tyres. Similarly, all dust/mud or other
extraneous materials from the works spreading on these highways shall be immediately cleared
by the Contractor.
Clearance shall be effected immediately by manual sweeping and removal of debris, or, if so
directed by the Employer, by mechanical sweeping and clearing equipment, and all dust, mud
and other debris shall be removed entirely from the road surface. Additionally, if so directed by
the Employer, the road surface shall be sprinkled or watered using suitable equipment.
Any structural damage caused to the existing roads by the Contractors construction equipment
shall be made good without any extra cost. On completion of the works, the Contractor shall
reinstate all areas with natural vegetation to the satisfaction of the Employer.
The Contractor shall remove all old tyres and internal tubes from within the limits of site and
subject to the agreement of adjacent landowners, area of 20 m on either side of the road centre
line. The Contractor shall dispose of all materials in a manner approved by the Employer.
Where directed by the Employer, the Contractor shall improve and reinstate the land on which
informal roadside service area have been established by removing all debris and contaminated
soils, re-grading to natural ground levels and re-establishing the natural vegetation where
appropriate. All debris and contaminated materials shall be disposed off from site as approved
by the Employer .
H18. Management of Waste Materials
Drainage spoil, unwanted shoulder material, dig out material and other non-recyclable road
making material is not to be deposited on the roadside except where previously agreed with the
Employer. The Contractor shall dispose of any unauthorised construction debris and /or
Municipal solid waste deposited by either the Contractor or Public within the Road
Reserve Corridor (particularly just on the outskirts of the urban areas).
Disposal Areas
The Contractor shall explore the opportunity of disposing construction debris at nearby
municipal disposal sites for construction debris with prior permission of the local authorities.
The new disposal areas shall be identified based on following criteria:
No residential areas are located downwind side of these locations;
Dumping sites are located at least 1000 m away from sensitive locations such as all
notified forest lands, all water bodies, and productive lands
Available waste lands are given preference.
In case of bituminous wastes, dumping shall be carried out over a 30 cm thick layer of
rammed clay so as to eliminate any chances of leaching. Care should be taken not to
dispose these wastes near farmland.
In case of filling of low-lying areas with wastes, it needs to be ensured that the level
matches with the surrounding areas. In this case care should be taken that these low
lying areas are not used for rainwater storage
In case oil and grease are trapped for reuse in a lined pit, care shall be taken to ensure
that the pit should be located at the lowest end of the site and away from the residential
areas.

All arrangements for transportation during construction including provision,
maintenance, dismantling and clearing debris, where necessary will be planned and
implemented as approved and directed by the Employer.
All material removed away from the maintenance corridor shall be disposed of in a
manner and location as approved by the Employer. No-objection Certificate (NOC) from
land owner / Revenue authorities, as may be applicable, shall be obtained and submitted to
Employer.
H19. Road Encroachments
Where the Contractor observes that any new illegal structure has been built or placed on the road
reserve, or any other unauthorised damage to the road surface i.e. vehicle repair damage, he is to
immediately report the infringement to the Employer. If any existing encroachment prevents the
Contractor completing work at a particular location, the Contractor shall notify the Employer
and await further instruction to proceed.
H20. Labour
The contractor shall, make his own arrangements for the engagement of all staff and
labour, local or other, and for their payment, housing, feeding and transport.
The contractor shall, if required by the Employer, deliver a written in detail, such form and
at such intervals as maybe prescribed, showing the staff and the numbers of the several
classes of labour from time to time employed by the contractor on the site.
During continuance of the Contract, the Contractor and his Sub-contractors shall abide at
all times by all existing labour enactments and rules made there under, regulations,
notifications and bye laws of the State or Central Government or local authority and any
other labour law (including rules), regulations, bye laws that may be passed or notification
that may be issued under any labour law in future either by the State or Central
Government or the local authority.
The payment of wages should be as per the Minimum Wages Act, Department of Labour,
Government of India for both male and female workers.
Display of the minimum wages board at camps and major construction sites should be
done in local languages at the construction and labour camp sites.
Contractor is required to maintain register for payment of labour wages with entry of
every labour working for him. Also, he has to produce it for verification if and when asked
by Employer
In case there are sub-contractors, the main contractor shall be responsible for
ensuring that the payment of wages to labourers is as per the Minimum Wages Act.
Sub-contractor has to follow the same procedure as the main contractor.
H21. Workers Accident Risks
Risk from Operations

The Contractor is required to comply with all the precautions as required for the safety of the
workmen as per the International Labour Organization (ILO) convention No. 62 as far as those
are applicable to this contract. The contractor shall supply all necessary safety appliances
such as safety goggles, helmets, masks, books, etc., to the workers and staff. The contractor has
to comply with all regulation regarding safe scaffolding, ladders, working platforms, gangway,
stairwells, excavations, trenches and safe means of entry and egress.
Risk from Electrical Equipment
Adequate precautions will be taken to prevent danger from electrical equipment. No materials
on any of the sites will be so stacked or placed as to cause danger or inconvenience to any
person or the public. All necessary fencing and lights will be provided to protect the public.
All machines to be used in the construction will conform to the relevant Indian Standards (IS)
codes, will be free from patent defect, will be kept in good working order, will be regularly
inspected and properly maintained as per IS provisions and to the satisfaction of the Employer .
H22. Reinstate the land
The Contractor shall improve and reinstate the land on which informal roadside service area
have been established by removing all debris and contaminated soils, re-grading to natural
ground levels and re-establishing the natural vegetation as per relevant Specification and as
directed by the Employer. All debris and contaminated materials shall be disposed off from site
as approved by the Employer
H23. Contractors Checklist
A Contractor Checklist is provided in Appendix F.1. The Contractor is required to fill up this
checklist giving the specific details of environmental safeguard measures proposed by him, in
accordance with EMF requirement. This checklist shall serve as the basis for implementing
safeguard measures by the Contractor and monitoring the same by the Employer.
H24. Legislative Permits/Approvals
Compliance to environmental approvals as detailed below is required when the Contractor

establishes a new HMP/WMM Plant, Batching Plant, Crusher, Camp Site, Labor Camp,
exploring new borrow pit areas quarry sites, bore wells and other water sources. Failure to meet
the relevant requirement will be reported to the relevant Government Department.
Table H.1 Environmental and Social Legislative Approvals/Authorities
S.N Environmental Specification
o. Parameter
1 Explosives Authorization from Explosives Directorate for storage and
handling
2 Extraction of Ground Approval/authorization under BiharWater, Land and Trees Act,

and/or Surface water and/or competent authority
S.N Environmental Specification
o. Parameter
from new unexplored
locations
3 Quarry Operations Quarry lease from Mines & Geology Department for as per Bihar
including stone, (Mineral Rights) Tax Act, , if new quarries are expected to be
aggregates, and sand opened
4 Hot Mix Plant (New) Consent to Establish and Operate (CFE and CFO) for HMP
5 Wet Mix Macadam Consent to Establish and Operate (CFE and CFO) for WMM
(New) plant
6 Batching Plant (New) Consent to Establish and Operate (CFE and CFO) for Batching
plants
7 Crushers (New) Consent to Establish and Operate (CFE and CFO) for crushers
8 Vehicular Emissions PUC from PCB and FC (for vehicles > 15 yrs.) from RTO
9 Camp sites/Labor Permit from land owner and/or local authorities/revenue
Camp (New) department
Authorization from labor commissioner
10 Borrow Areas (New) Authorization from Mines & Geology Department for as per
Bihar (Mineral Rights) Tax Act, and/or local authorities/revenue
dept. if new borrow areas are expected to be opened
Note: For new sources, the Contractor shall provide a copy of evidence of compliance of
this requirement to the Employer. For existing sources, the Contractor shall procure material
from approved sources which are authorised by the concerned department as per the
legislative requirements.

PART 3
CONDITIONS OF CONTRACT AND CONTRACT FORMS
Section VI: General Condition Page: 213

SECTION VI
GENERAL CONDITIONS (GC)

Section -VI
General Conditions (GC)
Table of Clauses
A. Contract and Interpretation ...................................................................................................

1. Definitions ......................................................................................................................
2. Interpretation ..................................................................................................................
3. Documents Forming the Contract ..................................................................................
4. Language and Law..........................................................................................................
5. Notices ............................................................................................................................
6. Settlement of Disputes (Alternative when using a Dispute Review Board)...................
6. Settlement of Disputes (Alternative when using a Dispute Review Expert) ..................
B. Assignment of Responsibilities ...............................................................................................

7. Scope of Works and Services .........................................................................................
8. Design Responsibility .....................................................................................................
9. Copyright ........................................................................................................................
10. Start Date and Completion ...........................................................................................
11. Contractors Responsibilities........................................................................................
12. Subcontracting ..............................................................................................................
13. Assignment of Contract ................................................................................................
14. Employers Responsibilities .........................................................................................
15. Confidential Information ..............................................................................................
C. Execution of Works and Services ...........................................................................................

16. Representatives .............................................................................................................
17. Work Program ..............................................................................................................
18. Execution of Works ......................................................................................................
19. Staff and Labor .............................................................................................................
20. Test and Inspection .......................................................................................................
21. Initial Rectification and Periodic Maintenance Works ................................................
22. Minor Improvement Works ..........................................................................................
23. Ordinary Maintenance Services....................................................................................
24. Performance Standards .................................................................................................
25. Contractors Self-Control of Quality and Safety ..........................................................
26. Environmental and Safety Requirements .....................................................................
27. Work Orders for Minor Improvement Works and Emergency Works .........................
28. Taking Over Procedures ...............................................................................................
29. Emergency Works ........................................................................................................
30. Quality of materials used by Contractor .......................................................................
31. Signalling and demarcation of work zones and bypasses.............................................
D. Allocation of Risks ...................................................................................................................

32. Employers Risks..........................................................................................................
33. Contractors Risks ........................................................................................................
34. Loss of or Damage to Property; Accident or Injury to Workers; Indemnification.......

35. Insurance.......................................................................................................................
36. Unforeseen Conditions .................................................................................................
37. Change in Laws and Regulations .................................................................................
38. Force Majeure ...............................................................................................................
E. Guarantees and Liabilities ......................................................................................................

39. Completion Time Guarantee and Liability ...................................................................
40. Performance Guarantee and Liability ...........................................................................
41. Defect Liability .............................................................................................................
42. Limitation of Liability ..................................................................................................
43. Liability for Damages through Traffic Accidents and Traffic Interruptions ................
F. Payment.....................................................................................................................................
44. Contract Price ...............................................................................................................
45. Advance Payment .........................................................................................................
46. Schedule of Prices ........................................................................................................
47. Measurement ................................................................................................................
48. Price Adjustments .........................................................................................................
49. Monthly Statements and Payments...............................................................................
50. Payments .......................................................................................................................
51. Retention and Reductions .............................................................................................
52. Taxes and Duties ..........................................................................................................
53. Securities .....................................................................................................................
54. Certificate of Completion .............................................................................................
55. Final Statement .............................................................................................................
56. Discharge ......................................................................................................................
57. As Built Drawings and Manuals ...................................................................................
G. Remedies ...................................................................................................................................
58. Suspension ....................................................................................................................
59. Termination ..................................................................................................................
H. Provisional Sum .......................................................................................................................

60. Provisional Sum............................................................................................................
61. Use of Provisional Sum for Emergency Works............................................................
62. Use of Provisional Sum for Contingencies ..................................................................
I. Change in Contract Elements ..................................................................................................

63. Change in Assignments to Contractor ..........................................................................
64. Extension Time for Completion ...................................................................................
65. Release from Performance.......... ..
66. Inspection and Audits.. ............ .
67. Corrupt or Fraudulant Practices ....................................................................................

A. CONTRACT AND INTERPRETATION
1. Definitions 1.1 Boldface type is used to identify defined terms.
Schedule of Prices means the priced and completed Schedule of
Prices forming part of the Contractors Bid.
The Certificate of Completion is a document issued by the
Employer upon completion of Initial Rectification Works, Periodic
Maintenance Works, Minor Improvement Works and Emergency
Works, or parts thereof, as applicable, in accordance with GC 54.1
The Completion Date is the date of completion of the Services and
Works as certified by the Employer, in accordance with Sub-Clause
10.2.
The Contract is the Contract between the Employer and the
Contractor to perform the services to be provided by the Contractor,
and to execute, complete, and maintain the Works. It consists of the
documents listed in Clause 3 below.
The Contractor is a person or corporate body whos Bid to carry
out the Works and Services has been accepted by the Employer.
The Contractors Bid is the completed bidding document
submitted by the Contractor to the Employer.
The Contract Price is the price stated in the Letter of Acceptance
and thereafter as adjusted in accordance with the provisions of the
Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works and Services not completed in
accordance with the Contract.
The Defects Liability Certificate is the certificate issued by
Employer upon correction of defects by the Contractor.
The Defects Liability Period is the period specified in the Contract
and is applicable for Periodic Maintenance and Minor Improvement
Works, with exclusions identified in the PC, if any.
Dispute Review Expert (DRE) is one expert selected and acting in
accordance with rules and procedures defined in the Contract to
seek to resolve any dispute of any kind that may arise between the
Employer and the Contractor in connection with or arising out of the
contract, as provided for in Clause 6 hereunder.
Drawings include calculations and other information provided by
the Contractor for the execution of the Contract.
Emergency Works is a set of necessary and sufficient activities to
reinstate the Road and reconstruct its structure or right of way strip
damaged as a result of natural phenomena with imponderable
consequences, such as strong storms, flooding and earthquakes. The
need for execution of Emergency Works is jointly identified by the
Employer and the Contractor and for starting of execution of
Emergency Works the Employer shall issue a Work Order.
The Employer is the party who employs the Contractor to carry out
the Works and Services. Executive Engineer of the concerned Road
Division is the Employer.
Equipment is the Contractors machinery and vehicles brought
temporarily to the Site to construct the Works and to carry out the
Services.
Minor Improvement Works consists of a set of interventions that
add new characteristics to the Road in response to existing or new
traffic, safety or other conditions, as defined in the Specifications.
Periodic Maintenance Works are specific and clearly defined civil
works the Contractor is required to carry out under the conditions of
the Contract, as defined in the Specifications. Periodic Maintenance
Works quantities were estimated by the Contractor to achieve the
performance standards defined by the Service Levels and offered at
a Lump-Sum price.
Initial Rectification Works consist of additional rectification
works required in the initial stage of the Contract to allow the
Contractor to bring the road up to the required Service Level
Criteria.
The Intended Completion Date is the date on which it is intended
that the Contractor shall complete the Works and Services. The
Intended Completion Date is specified in the Particular Conditions
(PC). The Intended Completion Date may be revised only by the
Engineer by issuing an extension of time.
Materials are all supplies, including consumables, used by the

Contractor for incorporation in the Works and for provision of
Services.
Engineer in- charge is the Executive Engineer of the concerned
Road Division.
Road means the road or network of roads for which the Works and
Services are contracted under the Contract.
The Road Management Office is the location indicated by the
Contractor from which the Road Manager operates, and where the
Contractor shall receive notifications.
The Road Manager is a person appointed by the Contractor who is
in charge of managing all activities of the Contractor under the
Contract. He is also the Contractors Representative for the
purposes of this contract.
Services means all interventions on the Road under the Contract and
all activities related to the management and evaluation of the Road
which shall be carried out by the Contractor in order to achieve and
keep the Road Performance Standards as defined by the Service
Levels, and to receive full payment of the monthly fee under the
contract
Service Levels are the minimum performance standards for the
level of quality of conditions of the Road defined in the
Specifications which the Contractor shall comply with.
The Site is the area defined as such in the PC.
Site Investigation Reports are those that were included in the
bidding documents and are factual and interpretative reports about
the surface and subsurface conditions at the Site.
The Start Date is the date when the Contractor has started the
physical execution of the Works and Services on the site. It does not
necessarily coincide with any of the Site Possession Dates.
A Subcontractor is a person or corporate body who has a
contractual agreement with the Contractor to carry out certain
activities related to the services to be provided under the contract,
which may include work on the Site.
Specifications means the Specifications of the Works and Services
included in the Contract and any modification or addition made or
approved by the Employer.
A Variation is an instruction given by the Employer which varies

the Works or Services.
The Works are what the Contract requires the Contractor to
construct, install, and turn over to the Employer, as covered under
Initial Rectification Works, Periodic Maintenance Works, Minor
Improvement Works and Emergency Works.
Work Order is an order issued by the Employer to the Contractor
authorizing the execution of Improvement Works and Emergency
Works, as provided for in Clause 27 hereunder.
2. Interpretation 2.1 In interpreting these General Conditions (GC), singular also means
plural, male also means female or neuter, and vice versa. Headings
have no significance. Words have their normal meaning under the
language of the Contract unless specifically defined. The Employer
will provide instructions clarifying queries about these General
Conditions (GC).
3. Documents 3.1 The documents forming the Contract shall be interpreted in the
Forming the following order of priority:
Contract (1) Agreement,
(2) Letter of Acceptance,
(3) Contractors Bid,
(4) Particular Conditions (PC),
(5) General Conditions (GC),
(6) Specifications,
(7) Drawings,
(8) Schedule of Prices, and
(9) any other document listed in the PC as forming part of the
Contract.
4. Language and 4.1 The language of the Contract and the law governing the Contract are
Law stated in the PC.
5. Notices 5.1 Unless otherwise stated in the Contract, all notices to be given under
the Contract shall be in writing, and shall be sent by personal
delivery, airmail post, special courier, fax or E-mail to the address of
the relevant party set out in the PC, with the following provisions:
5.1.1 Any notice sent by fax or E-mail shall be confirmed within
two (2) days after dispatch by notice sent by airmail post or
special courier, except as otherwise specified in the Contract.
5.1.2 Any notice sent by airmail post or special courier shall be

deemed (in the absence of evidence of earlier receipt) to have
been delivered ten (10) days after dispatch. In proving the fact
of dispatch, it shall be sufficient to show that the envelope
containing such notice was properly addressed, stamped and
conveyed to the postal authorities or courier service for
transmission by airmail or special courier.
5.1.3 Any notice delivered personally or sent by fax or E-mail shall
be deemed to have been delivered on date of its dispatch.
5.1.4 Either party may change its postal, fax or E-mail address or
addressee for receipt of such notices by ten (10) days notice
to the other party in writing.
5.2 Notices shall be deemed to include any approvals, consents,
instructions, orders and certificates to be given under the Contract.
5.3 The Contractor shall provide at its own cost, and maintain in
operation permanently during the duration of the Contract, such
communications equipment which ensures that both written (fax or
E-mail) and oral (voice) communications can be established at all
times
(a) between the Road Manager and his senior field staff;
(b) between the Employer and the Road Manager;
(c) between the public telephone system and the Road Manager;
(d) The equipment to be provided and maintained includes the
equipment located at the Employers office.
5.4 At the Start Date of the Contract, the Contractor must communicate
to the Employer the address of his office, including the postal, fax and E-
mail address, which for the purposes of this contact is called the Road
Management Office, where Notices will be addressed to. The Employer
may require that the physical location of the Road Management Office is
within the close geographical area of the Road. If the Contractor fails to
communicate the address of his Road Management Office, and the
Employer is otherwise unable to locate the Road Manager, all
notifications to the Contractor shall be valid if a copy is sent to the
Contractors legal address.
(b)
6. Settlement of 6.1 Dispute Review Expert

Disputes
6.1.1 If any dispute of any kind whatsoever shall arise between the
Employer and the Contractor in connection with or arising out
of the Contract, including without prejudice to the generality
of the foregoing, any question regarding its existence, validity
or termination, or the execution of the Works and Services
whether during the progress of the execution or after
completion and whether before or after the termination,
abandonment or breach of the Contractthe parties shall seek
to resolve any such dispute or difference by mutual
consultation. If the parties fail to resolve such a dispute or
difference by mutual consultation, then the matter in dispute
shall, in the first place, be referred in writing by either party to
the Disputes Review Expert (DRE), with a copy to the other
party.
6.1.2 The DRE shall take up his functions after having signed a
DREs Declaration of Acceptance as required by the DREs
Rules and Procedures (which, along with the Declaration of
Acceptance form, are attached to the Contract). The DRE shall
be a person experienced with the type of construction and
services involved in the Contract and with the interpretation of
contractual documents and shall be selected by agreement
between the Employer and the Contractor. If the DRE is not
selected within 28 days of the date of the Letter of Acceptance,
then upon the request of either or both parties the DRE shall be
selected as soon as practicable by the Appointing Authority
specified in the PC.
6.1.3 In the event of death, disability, or resignation of the DRE, the
latter shall be replaced by agreement between the Employer
and the Contractor. Any replacement made by the parties shall
be completed within 28 days after the event giving rise to the
need for a replacement, failing which the replacement shall be
made by the same appointing authority as above.
6.1.4 Either the Employer or the Contractor may refer a dispute to
the DRE in accordance with the provisions of the DREs Rules
and Procedures, attached to the Contract. The
Recommendation of the DRE shall be binding on both parties,
who shall promptly give effect to it unless and until the same
shall be revised, as hereinafter provided, in an arbitral award.
Unless the Contract has already been repudiated or terminated,
the Contractor shall continue to proceed with the Works and
Services in accordance with the Contract.
6.1.5 If either the Employer or the Contractor is dissatisfied with any
Recommendation of the DRE, or if the DRE fails to issue his
Recommendation within 56 days after he has received the
written Request for Recommendation, then either the
Employer or the Contractor may, within 14 days after his
receipt of the Recommendation, or within 14 days after the
expiry of the said 56-day period, as the case may be, give
notice to the other party of his intention to commence
arbitration, as hereinafter provided, as to the matter in dispute.
Such notice shall establish the entitlement of the party giving
the same to commence arbitration, as hereinafter provided, as
to such dispute and, subject to Sub-Clause 6.3, no arbitration
in respect thereof may be commenced unless such notice is
given.
6.1.6 If the DRE has issued a Recommendation to the Employer and
the Contractor within the said 56 days and no notice of
intention to commence arbitration as to such dispute has been
given by either the Employer or the Contractor within 14 days
after the parties received such Recommendation from the
DRE, the Recommendation shall become final and binding
upon the Employer and the Contractor.
6.1.7 Whether or not it has become final and binding upon the
Employer and the Contractor, a Recommendation shall be
admissible as evidence in any subsequent dispute resolution
procedure, including any arbitration or litigation having any

relation to the dispute to which the Recommendation relates.
6.1.8 All Recommendations that have become final and binding
shall be implemented by the parties forthwith.
6.2 Arbitration
6.2.1 If either the Employer or the Contractor is dissatisfied with the
DREs decision, then either the Employer or the Contractor may,
in accordance with Sub-Clause 6.1.5, give notice to the other
party of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect
of this matter may be commenced unless such notice is given.
The arbitral tribunal shall have full power to open up, review, and
revise any decision, opinion, instruction, determination,
certificate, and any Recommendation(s) of the DRE.
6.2.2 Any dispute in respect of which a notice of intention to

commence arbitration has been given, in accordance with GC
Sub-Clause 6.2.1, shall be finally settled by arbitration.
Neither party shall be limited in the proceedings before such
arbitration tribunal to the evidence or arguments put before the
DRE for the purpose of obtaining his Recommendation(s)
pursuant to Sub-Clause 6.2.1. No Recommendation shall
disqualify the DRE from being called as a witness and giving
evidence before the arbitrator(s) on any matter whatsoever
relevant to the dispute Arbitration may be commenced prior to
or after completion of the Works and Services.
6.2.3 Arbitration proceedings shall be conducted in accordance with
the rules of procedure designated in the PC.
6.3 Where neither the Employer nor the Contractor has given notice of
intention to commence arbitration of a dispute within the period
stated in Sub-Clause 6.1.5 and the related Recommendation has
become final and binding, either party may, if the other party fails
to comply with such Recommendation and without prejudice to any
other right it may have, refer the failure to arbitration in accordance
with Sub-Clause 6.2. The provisions of Sub-Clause 6.1 shall not
apply to any such reference
6.4 Notwithstanding any reference to the DRE or Arbitration herein,
(a) the parties shall continue to perform their respective obligations
under the Contract unless they otherwise agree
(b) the Employer shall pay the Contractor any monies due the
Contractor.

B. ASSIGNMENT OF RESPONSIBILITIES
7. Scope of Works 7.1 Unless otherwise expressly limited in the Specifications, the
and Services Contractors obligations cover the Design, the carrying out of all
Works and the performance of all Services required for keeping
the Road in accordance with the Service Levels defined in the
Specifications, while at the same time respecting the plans,
procedures, specifications, drawings, codes and any other
documents as identified in the Specifications. Such specifications
include, but are not limited to, the provision of supervision and
engineering services; the supply of labor, materials, equipment;
Contractors Equipment; construction utilities and supplies;
temporary materials, structures and facilities; transportation
(including, without limitation, unloading and hauling to, from and
at the Site); and storage, except for those supplies, works and
services that will be provided or performed by the Employer, if
any, as set forth in the corresponding Specifications.
7.2 The Contractor shall, unless specifically excluded in the Contract,
perform all such work, services and/or supply all such items and
materials not specifically mentioned in the Contract but that can
be reasonably inferred from the Contract as being required for
attaining the Performance Standards (as specified in Clause 24 of
GC) as if such work, services and/or items and materials were
expressly mentioned in the Contract.
8. Design 8.1 The Contractor shall be responsible for the design and
Responsibility programming of the Works and Services, and for the accuracy and
completeness of the information used for that design and
programming in accordance with the requirements established in
the Specifications.
8.2 Specifications and Drawings
8.2.1 The Contractor shall execute the basic and detailed design
and the engineering work in compliance with the provisions
of the Contract and the Specifications, or where not so
specified in accordance with good engineering practice.
The Contractor shall be responsible for any discrepancies,
errors or omissions in the specifications, drawings and other
technical documents that it has prepared, whether such
specifications, drawings and other documents have been
approved by the Employer or not, provided that such
discrepancies, errors or omissions are not because of
inaccurate information furnished in writing to the
Contractor by or on behalf of the Employer.
8.2.2 The Contractor shall be entitled to disclaim responsibility
for any design, data, drawing, specification or other
document, or any modification thereof, provided or
designated by, or on behalf of, the Employer, by giving a
notice of such disclaimer to the Employer.
8.3 Codes and Standards
Wherever references are made in the Contract to codes and
standards in accordance with which the Contract shall be
executed, the edition or the revised version of such codes and
standards current at the date twenty-eight (28) days prior to date of
bid submission shall apply unless otherwise specified. During
Contract execution, any changes in such codes and standards shall
be applied after approval by the Employer and shall be treated in
accordance with GC Clause 63.
8.4 Approval/Review of Technical Documents by Employer
8.4.1 For those Works specified in the PC, the Contractor shall
prepare (or cause its Subcontractors to prepare) and furnish
to the Employer the documents listed in the Specifications
(List of Documents for Approval or Review) for its
approval or review.
Unless otherwise specified in the PC, the Contractor shall
not be required to submit for the Employers approval the
Design or other technical documents concerning the
Ordinary Maintenance Services remunerated through
monthly lump-sum payments.
Any part of the Works covered by or related to the
documents to be approved by the Employer shall be
executed only after the Employers approval thereof.
GC Sub-Clauses 8.4.2 through 8.4.7 shall apply only to
those documents requiring the Employers approval, but not
to those furnished to the Employer for his information or
review only.
8.4.2 Within fourteen (14) days after receipt by the Employer of
any document requiring the Employers approval in
accordance with GC Sub-Clause 8.4.1, the Employer shall
either return one copy thereof to the Contractor with its
approval endorsed thereon or shall notify the Contractor in
writing of its disapproval thereof and the reasons therefore
and the modifications that the Employer proposes.
If the Employer fails to take such action within the said
fourteen (14) days, then the said document shall be deemed
to have been approved by the Employer.
8.4.3 The Engineer shall not disapprove any document, except on
the grounds that the document does not comply with some
specified provision of the Contract or that it is contrary to
good engineering practice.
8.4.4 If the Employer disapproves the document, the Contractor
shall modify the document and resubmit it for the
Employers approval in accordance with GC Sub-Clause
8.4.2. If the Employer approves the document subject to
modification(s), the Contractor shall make the required
modification(s), whereupon the document shall be deemed
to have been approved.
8.4.5 If any dispute or difference occurs between the Employer

and the Contractor in connection with or arising out of the
disapproval by the Employer of any document and/or any
modification(s) thereto that cannot be settled between the
parties within a reasonable period, then such dispute or
difference may be referred to the DRE for determination in
accordance with GC Sub-Clause 6.1 hereof. If such dispute
or difference is referred to the DRE, the Employer shall
give instructions as to whether and if so, how, performance
of the Contract is to proceed. The Contractor shall proceed
with the Contract in accordance with the Employers
instructions, provided that if the DRE upholds the
Contractors view on the dispute and if the Employer has
not given notice under GC Sub-Clause 6.1.5 hereof, then
the Contractor shall be reimbursed by the Employer for any
additional costs incurred by reason of such instructions and
shall be relieved of such responsibility or liability in
connection with the dispute and the execution of the
instructions as the DRE shall decide, and the Time for
Completion shall be extended accordingly.
8.4.6 The Employers approval, with or without modification of
the document furnished by the Contractor, shall not relieve
the Contractor of any responsibility or liability imposed
upon it by any provisions of the Contract except to the
extent that any subsequent failure results from
modifications required by the Employer.
8.4.7 The Contractor shall not depart from any approved
document unless the Contractor has first submitted to the
Employer an amended document and obtained the
Employers approval thereof, pursuant to the provisions of
this GC Sub-Clause 8.4.
If the Employer requests any change in any already
approved document and/or in any document based thereon,
the provisions of GC Clause 63.2 shall apply to such

request.
9. Copyright 9.1 The copyright in all drawings, documents and other materials
containing data and information furnished to the Employer by the
Contractor herein shall remain vested in the Contractor or, if they
are furnished to the Employer directly or through the Contractor
by any third party, including suppliers of materials, the copyright
in such materials shall remain vested in such third party.
10. Start Date and 10.1 The Contractor shall start the Works and Services within the
Completion period specified in the PC. Upon request from the Contractor, the
Employer shall confirm in writing the Start Date, after verifying
that works and services have started on the Site.
10.2 The Contractor shall attain the required Service Levels and the
Completion of the Initial Rectification, Periodic Maintenance and
Minor Improvement Works (or of a part where a separate time for
Completion of such part is specified in the Contract) within the
time schedules included in the PC and the Specifications, or
within such extended time to which the Contractor shall be
entitled under GC Clause 64 hereof.
11. Contractors 11.1 The Contractor shall design and carry out the Works and Services
Responsibilities (including associated purchases and/or subcontracting) necessary
to comply with the requirements established in the Specifications
with due care and diligence in accordance with the Contract.
11.2 The Contractor confirms that it has entered into this Contract on
the basis of a proper examination of the data relating to the Works
and Services required, including any data and tests provided by
the Employer, and on the basis of information that the Contractor
could have obtained from a visual inspection of the Site and of
other data readily available to it relating to the Road as of the date
twenty-eight (28) days prior to bid submission. The Contractor
acknowledges that any failure to acquaint itself with all such data
and information shall not relieve its responsibility for properly
estimating the difficulty or cost of successfully performing the
Works and Services.
11.3 The Contractor shall acquire in its name all permits, approvals
and/or licenses from all local, state or central government
authorities or public service undertakings in the country of the
Employer that are necessary for the performance of the Contract,
including, without limitation, visas for the Contractors and
Subcontractors personnel and entry permits for all imported
Contractors Equipment (if any) . The Contractor shall acquire all
other permits, approvals and/or licenses that are not the
responsibility of the Employer under GC Sub-Clause 14.3 hereof
and that are necessary for the performance of the Contract.
11.4 The Contractor shall comply with all laws in force in the country
of the Employer and where the Works and Services are carried
out. The laws will include all local, state, central or other laws
that affect the performance of the Contract and bind upon the
Contractor. The Contractor shall indemnify and hold harmless the
Employer from and against any and all liabilities, damages,
claims, fines, penalties and expenses of whatever nature arising or
resulting from the violation of such laws by the Contractor or its
personnel, including the Subcontractors and their personnel, but
without prejudice to GC Sub-Clause 14.1 hereof.
12. Subcontracting 12.1 The Contractor may subcontract activities listed in the PC. Any
other activity under the Contract may be subcontracted only when
approved by the Employer. The Contractor may not assign the
entire Contract without the approval of the Employer in writing.
Subcontracting shall not alter the Contractors obligations nor
relieve the Contractor from any liability or obligation under the
Contract and he shall be responsible for the acts, defaults and
neglects of any Subcontractor, his agents, servants or workmen as
fully as if they were the acts, defaults or neglects of the
Contractor, his agents, servants or workmen.
12.2 Notwithstanding GC Sub-Clause 12.1, the Contractor may
subcontract under his own responsibility and without prior
approval of the Employer the small Works and Services also listed
in the PC.
13. Assignment of 13.1 Neither the Employer nor the Contractor shall, without the express
Contract prior written consent of the other party (which consent shall not be
unreasonably withheld), assign to any third party the Contract or
any part thereof, or any right, benefit, obligation or interest therein
or thereunder, except that the Contractor shall be entitled to assign
either absolutely or by way of charge any monies due and payable
to it or that may become due and payable to it under the Contract.
14. Employers 14.1 The Employer shall apply due diligence to ensure the accuracy of
Responsibilities all information and/or data to be supplied to the Contractor as
described in the Specifications, except when otherwise expressly
stated in the Contract.
14.2 The Employer shall be responsible for acquiring and providing
legal and physical possession of the Site and access thereto, and
for providing possession of and access to all other areas
reasonably required for the proper execution of the Contract,
including all requisite rights of way, as specified in the
corresponding Specifications. The Employer shall give full
possession of and accord all rights of access thereto on or before

the date(s) specified in the PC.
14.3 The Employer shall acquire and pay for all permits, approvals
and/or licenses from all local, state or national government
authorities or public service undertakings in the country where the
Site is located, when such authorities or undertakings require the
Employer to obtain them in the Employers name, are necessary
for the execution of the Contract, and are specified in the
corresponding Specifications.
14.4 If requested by the Contractor, the Employer shall use its endeavors
to assist the Contractor in obtaining in a timely and expeditious
manner all permits, approvals and/or licenses necessary for the
execution of the Contract from all local, state or central government
authorities or public service undertakings that such authorities or
undertakings require the Contractor or Subcontractors or the
personnel of the Contractor or Subcontractors, as the case may be, to
obtain.
14.5 The Employer shall be responsible for the continued operation of

the Road after Completion, in accordance with GC Sub-Clause 28,
and shall be responsible for facilitating the Guarantee Test(s) for
the Road, in accordance with GC Sub-Clause 20.
14.6 All costs and expenses involved in the performance of the
obligations under this GC Clause 14 shall be the responsibility of
the Employer, save those to be incurred by the Contractor with
respect to the performance of Guarantee Tests, in accordance with
GC Sub-Clause 20
15. Confidential 15.1 The Employer and the Contractor shall keep confidential and shall
Information not, without the written consent of the other party hereto, divulge
to any third party any documents, data or other information
furnished directly or indirectly by the other party hereto in
connection with the Contract, whether such information has been
furnished prior to, during or following termination of the Contract.
Notwithstanding the above, the Contractor may furnish to its
Subcontractor(s) such documents, data and other information it
receives from the Employer to the extent required for the
Subcontractor(s) to perform its work under the Contract, in which
event the Contractor shall obtain from such Subcontractor(s) an
undertaking of confidentiality similar to that imposed on the
Contractor under this GC Clause 15.
15.2 The Employer shall not use such documents, data and other
information received from the Contractor for any purpose other
than the operation and maintenance of the Road. Similarly, the
Contractor shall not use such documents, data and other

information received from the Employer for any purpose other
than the design, procurement of Plant and Equipment, construction
or such Works and Services as are required for the performance of
the Contract.
15.3 The obligation of a party under GC Sub-Clauses 15.1 and 15.2 above,
however, shall not apply to that information which
(a) now or hereafter enters the public domain through no fault of
that party;
(b) can be proven to have been possessed by that party at the
time of disclosure and which was not previously obtained,
directly or indirectly, from the other party hereto;
(c) otherwise lawfully becomes available to that party from a
third party that has no obligation of confidentiality.
15.4 The above provisions of this GC Clause 15 shall not in any way
modify any undertaking of confidentiality given by either of the
parties hereto prior to the date of the Contract in respect of the
Works and Services or any part thereof.
15.5 The provisions of this GC Clause 15 shall survive termination, for
whatever reason, of the Contract.
C. EXECUTION OF WORKS AND SERVICES
16. Representa- 16.1 Engineer-in-charge

tives
The Engineer-in-charge shall represent and act as the Employer at
all times during the period of the Contract. All notices,
instructions, orders, certificates, approvals and all other
communications under the Contract shall be given by the
Engineer in charge , except as herein otherwise provided.
16.2 Road Manager

16.2.1 If the Road Manager is not named in the Contract, then the
Contractor shall appoint the Road Manager before the Start
Date and shall request the Employer in writing to approve
the person so appointed. If the Employer makes no
objection to the appointment within fourteen (14) days, the
Road Manager shall be deemed to have been approved. If
the Employer objects to the appointment within fourteen
(14) days giving the reason therefore, then the Contractor

shall appoint a replacement within fourteen (14) days of
such objection, and the foregoing provisions of this GC
Sub-Clause 16.2.1 shall apply thereto.
16.2.2 The Road Manager shall represent and act for the
Contractor at all times during the period of the Contract and
shall give to the Employer all the Contractors notices,
instructions, information and all other communications
under the Contract. The Road Manager shall be in charge of
the day-to-day management of the works and services to be
provided under the contract on behalf of the Contractor, and
shall have legal and all other faculties to take all necessary
decisions related to the execution of the contract.
All notices, instructions, information and all other
communications given by the Employer to the Contractor
under the Contract shall be given to the Road Manager or,
in its absence, its deputy, except as herein otherwise
provided.
The Contractor shall not revoke the appointment of the
Road Manager without the Employers prior written
consent, which shall not be unreasonably withheld. If the
Employer consents thereto, the Contractor shall appoint
some other person as the Road Manager, pursuant to the
procedure set out in GC Sub-Clause 16.2.1.
16.2.3 The Road Manager may, subject to the approval of the
Employer (which shall not be unreasonably withheld), at
any time delegate to any person any of the powers,
functions and authorities vested in him or her. Any such
delegation may be revoked at any time. Any such
delegation or revocation shall be subject to a prior notice to
the Employer signed by the Road Manager, and shall
specify the powers, functions and authorities thereby
delegated or revoked.
Any act or exercise by any person of powers, functions and
authorities so delegated to him or her in accordance with
this GC Sub-Clause 16.2.3 shall be deemed to be an act or
exercise by the Road Manager.
16.2.4 From the Start Date until Completion, the Road Manager
shall supervise all work and services done at the Site by the
Contractor and shall be present at the Site throughout
normal working hours except when on leave, sick or absent
for reasons connected with the proper performance of the
Contract. Whenever the Road Manager is absent from the
Site, a suitable person shall be appointed to act as his or her
deputy.

16.2.5 The Employer may by notice to the Contractor object to any
representative or person employed by the Contractor in the
execution of the Contract who, in the reasonable opinion of
the Employer, may behave inappropriately, may be
incompetent or negligent, or may commit a serious breach of
the Site regulations provided under the Specifications. The
Employer shall provide evidence of the same, whereupon the
Contractor shall remove such person from the Site.
16.2.6 If any representative or person employed by the Contractor
is removed in accordance with GC Sub-Clause 16.2.5, the
Contractor shall, where required, promptly appoint a
replacement.
17. Work Program 17.1 Contractors Organization

The Contractor shall supply to the Employer a chart showing the
proposed organization to be established by the Contractor for
carrying out the Works and Services. The chart shall include the
identities of the key personnel together with the curricula vitae of
such key personnel to be employed as included in the Contractors
Bid. The Contractor shall promptly inform the Employer in
writing of any revision or alteration of such an organization chart.
17.2 Program of Performance
Not later than the Start Date, the Contractor shall prepare and
supply to the Employer a program of performance of the Contract,
made in the form specified in the Specifications and showing the
sequence in which it proposes to design and carry out the Works
and Services, as well as the date by which the Contractor
reasonably requires that the Employer shall have fulfilled its
obligations under the Contract so as to enable the Contractor to
execute the Contract in accordance with the program and to
achieve Completion in accordance with the Contract. The
Contractor shall update and revise the program as and when
appropriate, but without modification in the Time of Completion
given in the PC and any extension granted in accordance with GC
Clause 64, and shall supply all such revisions to the Employer.
17.3 Progress Report
The Contractor shall monitor progress of all the activities
specified in the program referred to in GC Sub-Clause 17.2 above,
and supply a progress report to the Employer every month
together with his Monthly Statement. The progress report shall be
in a form acceptable to the Employer in accordance with the
Specifications.
17.4 Progress of Execution

If at any time the Contractors actual progress falls behind the
program referred to in GC Sub-Clause 17.2, or it becomes
apparent that it will so fall behind, the Contractor shall prepare
and supply to the Employer a revised program, taking into account
the prevailing circumstances, and shall notify the Employer of the
steps being taken to expedite progress so as to attain Completion
of the Works and Execution of Services activities within the Time
for Completion under GC Sub-Clause 10.2, any extension thereof
entitled under GC Sub-Clause 64, or any extended period as may
otherwise be agreed upon between the Employer and the
Contractor.
17.5 Work Procedures
The Contract shall be executed in accordance with the Contract
Documents and the procedures given in the Specifications.
18. Execution of 18.1 Setting Out/Supervision/Labor

Works 18.1.1 Bench Mark. The Contractor shall be responsible for the
true and proper setting-out of the Works in relation to bench
marks, reference marks and lines provided to it in writing
by or on behalf of the Employer.
If, at any time during the progress of execution of the
Works, any error shall appear in the position, level or
alignment of the Works, the Contractor shall forthwith
notify the Employer of such error and, at its own expense,
immediately rectify such error to the reasonable satisfaction
of the Employer. If such error is based on incorrect data
provided in writing by or on behalf of the Employer, the
expense of rectifying the same shall be borne by the
Employer.
18.1.2 Contractors Supervision. The Contractor shall give or
provide all necessary supervision during the execution of
the Works, and the Road Manager or its deputy shall be on
the Site to provide full-time supervision of the execution.
The Contractor shall provide and employ only technical
personnel who are skilled and experienced in their
respective callings and supervisory staff who are competent
to adequately supervise the work at hand.
18.2 Contractors Equipment
18.2.1 All Contractors Equipment brought by the Contractor onto
the Site shall be deemed to be intended to be used
exclusively for the execution of the Contract. The
Contractor shall not remove the same from the Site without

informing the Employer.
18.2.2 Unless otherwise specified in the Contract, upon completion
of the Works and Services, the Contractor shall remove
from the Site all Equipment brought by the Contractor onto
the Site and any surplus materials remaining thereon.
18.2.3 The Employer will, if requested, use its best endeavors to
assist the Contractor in obtaining any local, state or central
government permission required by the Contractor for the
export of the Contractors Equipment imported by the
Contractor for use in the execution of the Contract that is no
longer required for the execution of the Contract.
18.3 Site Regulations and Safety
The Employer and the Contractor shall establish Site regulations
setting out the rules to be observed in the execution of the
Contract at the Site and shall comply therewith. The Contractor
shall prepare and submit to the Employer, proposed Site
regulations for the Employers approval, which approval shall not
be unreasonably withheld.
Such Site regulations shall include, but shall not be limited to,
rules in respect of security, safety, traffic control, accident
response, gate control, sanitation, medical care, and fire
prevention.
18.4 Access to site for Other Contractors
18.4.1The Contractor shall, upon written request from the
Employer, give site access to other contractors employed by
the Employer on or near the site.
18.5 Site Clearance
18.5.1 Site Clearance in Course of Execution: In the course of
carrying out the Contract, the Contractor shall keep the Site
reasonably free from all unnecessary obstruction, store or
remove any surplus materials, clear away any wreckage,
rubbish or temporary works from the Site, and remove any
Contractors Equipment no longer required for execution of
the Contract.
18.5.2 Clearance of Site after Completion: After Completion of all
parts of the Works and Services, the Contractor shall clear
away and remove all wreckage, rubbish and debris of any
kind from the Site, and shall leave the Site and the Road
clean and safe.
18.6 Watching and Lighting

The Contractor shall provide and maintain at its own expense all
lighting, fencing, and watching when and where necessary for the
proper execution and the protection of the Works and Services, for
the protection of his own installations and his equipment, for the
safety of the owners and occupiers of adjacent property and for the
safety of the public.
18.7 Access to the Site
The Contractor shall allow the Employer and any person

authorized by the Employer access to the Site and to any place
where work in connection with the Contract is being carried out or
is intended to be carried out.
18.8 Management Meetings
18.8.1 Either the Employer/ Engineer-in-charge or the Contractor

may require the other to attend a management meeting.
The business of a management meeting shall be to review
the plans for remaining work and to deal with matters
raised by either the Contractor or the Employer.
18.8.2 The Employer shall record the business of management

meetings and provide copies of the record to those
attending the meeting. The responsibility of the parties for
actions to be taken shall be decided by the Employer either
during or after the management meeting and stated in
writing to all who attended the meeting.
19. Staff and 19.1 The Contractor shall employ the key personnel named in the
Labor Contractors Bid, to carry out the functions stated in the
Specifications or other personnel approved by the Employer. The
Employer will approve any proposed replacement of key
personnel only if their relevant qualifications and abilities are
substantially equal to or better than those of the personnel listed in
the Contractors Bid.
19.2 Labor
(a) The Contractor shall provide and employ on the Site for the
execution of the Works and Services such skilled, semi-skilled
and unskilled labor as is necessary for the proper and timely
execution of the Contract. The Contractor is encouraged to use
local labor that has the necessary skills.
(b) Unless otherwise provided in the Contract, the Contractor shall
be responsible for the recruitment, transportation,
accommodation and catering of all labor, local or expatriate,
required for the execution of the Contract and for all payments in
connection therewith.
(c) The Contractor shall be responsible for obtaining all necessary
permit(s) and/or visa(s) from the appropriate authorities for the
entry of all labor and personnel to be employed on the Site into
the country where the Site is located.
(d) The Contractor shall at its own expense provide the means of
repatriation to all of its and its Subcontractors personnel
employed on the Contract at the Site to their various home
countries. It shall also provide suitable temporary maintenance
of all such persons from the cessation of their employment on
the Contract to the date programmed for their departure. In the
event that the Contractor defaults in providing such means of
transportation and temporary maintenance, the Employer may
provide the same to such personnel and recover the cost of doing
so from the Contractor.
(e) The Contractor shall at all times during the progress of the
Contract use its best endeavors to prevent any unlawful, riotous
or disorderly conduct or behavior by or amongst its employees
and the labor of its Subcontractors.
(f) The Contractor shall provide lodging, medical assistance,
alimentation and sanitary installations for the employees living
in the contractors base camps to comply with the Social,
Sanitary and Health Conditions of Labor requirements
established in the Specifications.
(g) The Contractor shall, in all dealings with its labor and the labor
of its Subcontractors currently employed on or connected with
the Contract, pay due regard to all recognized festivals, official
holidays, religious or other customs and all local laws and
regulations pertaining to the employment of labor.
(h) HIV-AIDS Prevention. If so indicated in the PC, the Contractor
shall conduct an HIV-AIDS awareness programme via an
approved service provider or specialized NGO, and shall
undertake such other measures as are specified in this Contract to
reduce the risk of the transfer of the HIV virus between and among
the Contractors Personnel and the local community, to promote
early diagnosis and to assist affected individuals. The Contractor
shall throughout the contract: (i) conduct Information, Education
and Consultation Communication (IEC) campaigns, at least every
other month, addressed to all the Site staff and labor (including all
the Contractor's employees, all Sub-Contractors and Consultants'
employees working on the Site, and truck drivers and crew making
deliveries to the Site for Works and Services executed under the
contract, and to the immediate local communities, concerning the
risks, dangers and impact, and appropriate avoidance behavior
with respect to of Sexually Transmitted Diseases (STD)or
Sexually Transmitted Infections (STI) in general and HIV/AIDS in
particular; (ii) provide male or female condoms for all Site staff
and labor as appropriate; and (iii) provide for STI and HIV/AIDS
screening, diagnosis, counseling and referral to a dedicated
national STI and HIV/AIDS program, (unless otherwise agreed)
of all Site staff and labor.
(i) If so indicated in the PC, the Contractor shall include in the
program to be submitted for the execution of the Works and
Services under Sub-Clause 17 a program for Site staff and
labour and their families in respect of Sexually Transmitted
Infections (STI) and Sexually Transmitted Diseases (STD)
including HIV/AIDS. The STI, STD and HIV/AIDS alleviation
program shall indicate when, how and at what cost the
Contractor plans to satisfy the requirements of this Sub-Clause
and the related specification. For each component, the program
shall detail the resources to be provided or utilized and any
related sub-contracting proposed. The program shall also include
provision of a detailed cost estimate with supporting
documentation. Payment to the Contractor for preparation and
implementation this program shall not exceed the Provisional
Sum dedicated for this purpose.
19.3 Removal of staff
If the Employer asks the Contractor to remove a person who is a
member of the Contractors staff or work force, stating the
reasons, the Contractor shall ensure that the person leaves the Site
within seven days and has no further connection with the work in
the Contract.
19.4 Work at Night and on Holidays
19.4.1 Unless otherwise provided in the Contract, if and when the
Contractor considers it necessary to carry out work at night
or on public holidays so as to meet the Service Levels and
the Time for Completion, and requests the Employers
consent thereto (if such consent is needed), the Employer
shall not unreasonably withhold such consent.
20. Test and 20.1 The Contractor shall at its own expense carry out on the Site all
Inspection such tests and/or inspections as are specified in the Specifications,
and in accordance with the procedures described in the
Specifications.
20.2 The Employer their designated representatives shall be entitled to
attend the aforesaid test and/or inspection.
20.3 For tests to be carried out on the initiative of the Contractor,
whenever the Contractor is ready to carry out any such test and/or
inspection, he shall give a reasonable advance notice of such test
and/or inspection and of the place and time thereof to the
Employer. The Contractor shall provide the Employer with a
signed report of the results of any such test and/or inspection.
20.4 If the Employer fails to attend a scheduled test and/or inspection,
or if it is agreed between the parties that such persons shall not
attend, then the Contractor may proceed with the test and/or
inspection in the absence of such persons, and may provide the
Employer with a signed report of the results thereof.
20.5 The Employer may require the Contractor to carry out any test
and/or inspection not required by the Contract, provided that the
Contractors reasonable costs and expenses incurred in the
carrying out of such test and/or inspection shall be added to the
Contract Price. Further, if such test and/or inspection impede the
progress of the works and/or the Contractors performance of its
other obligations under the Contract, due allowance will be made
in respect of the Time for Completion and the other obligations so
affected.
20.6 If Initial Rectification Works, Periodic Maintenance Works, Minor
Improvement Works or Emergency Works fail to pass any test
and/or inspection, the Contractor shall either rectify or replace
such works and shall repeat the test and/or inspection upon giving
a notice under GC Sub-Clause 20.3.
20.7 If any dispute or difference of opinion shall arise between the
parties in connection with or arising out of the test and/or
inspection of the Works and Services, or part of them, that cannot
be settled between the parties within a reasonable period of time, it
may be referred to the DRE for determination in accordance with
GC Sub-Clause 6.1.
20.8 The Contractor agrees that neither the execution of a test and/or
inspection of the Works and Services or any part of them, nor the
attendance by the Employer, nor the issue of any test certificate
pursuant to GC Sub-Clause 20.4, shall release the Contractor from
any other responsibilities under the Contract.
20.9 No part or foundations shall be covered up on the Site without the
Contractor carrying out any test and/or inspection required under
the Contract. The Contractor shall give a reasonable notice to the
Employer whenever any such part or foundations are ready or
about to be ready for test and/or inspection; such test and/or
inspection and notice thereof shall be subject to the requirements
of the Contract.
20.10 The Contractor shall uncover any part of the Works or
foundations, or shall make openings in or through the same as the
Employer may from time to time require at the Site, and shall
reinstate and make good such part or parts.

If any parts of the Works or foundations have been covered up at
the Site after compliance with the requirement of GC Sub-Clause
20.9 and are found to be executed in accordance with the Contract,
the expenses of uncovering, making openings in or through,
reinstating, and making good the same shall be borne by the
Employer, and the Time for Completion shall be reasonably
adjusted to the extent that the Contractor has thereby been delayed
or impeded in the performance of any of its obligations under the
Contract.
21. Initial 21.1 If so indicated in the PC, specific Initial Rectification and Periodic
Rectification Maintenance Works shall be carried out explicitly in accordance
and Periodic with the Specifications and as specified in the bidding documents
Maintenance and in the Contractors Bid. Input quantities for Initial rectification
Works and Periodic Maintenance Works are estimated by the Contractor
to achieve the performance criteria for Initial Rectification and
Periodic Maintenance Works given in the Specifications. The
specific Initial Rectification and Periodic Maintenance Works are
offered by the Contractor at a Lump-Sum price.
22. Minor 22.1 If so indicated in the PC, Minor Improvement Works are required
Improvement and will consist of a set of interventions that add new
Works characteristics to the roads in response to new traffic and safety or
other conditions. Minor Improvement Works quantities are offered
at unit prices included in the Schedule of Prices.
22.2 The execution of Minor Improvement Works shall be requested by
the Engineer-in-charge, who will issue a Work Order defining the
requested works to be carried out by the Contractor, based on the
activities priced in the Schedule of Prices. The Work order shall
specify the activities to be carried out and the corresponding price.
The Employer shall confirm his acceptance by signing the Work
Order.
23. Ordinary 23.1 Ordinary Maintenance Services are those activities necessary for
Maintenance keeping the Road in compliance with the Performance Standards
Services pursuant to GC Clause 24. Ordinary Maintenance Services shall
include all activities required to achieve and keep the Road
Performance Standards and Service Levels. These Services will be
remunerated by Lump-Sum amount for the period of the contract
paid in fixed monthly payments during the entire Contract period.
24. Performance 24.1 The Contractor shall carry out the Ordinary Maintenance Services
Standards to achieve and keep the Road complying with the Service Levels
defined in the Specifications. He will carry out all Works in
accordance with the performance standards indicated in the
Specifications.
25. Contractors 25.1 The Contractor shall, throughout the execution and completion of
Self-Control of the Works and Services, maintain a System which shall ensure
Quality and that the work methods and procedures are adequate and safe at all
Safety times and do not pose any avoidable risks and dangers to the
health, safety and property of the workers and agents employed by
him or any of his subcontractors, of road users, of persons living
in the vicinity of the roads under contract, and any other person
who happens to be on or along the roads under contract.
25.2 Unless specified otherwise in the PC, the Contractor shall establish,
within his own organizational structure, a specific Unit staffed
with qualified personnel, whose task is to verify continuously the
degree of compliance by the Contractor with the required Service
Levels. That Unit will also be responsible for the generation and
presentation of the information needed by the contractor for the
documentation required as defined in the Specifications. The Unit
will be responsible for maintaining a detailed and complete
knowledge of the condition of the Road and to provide to the
Road Manager all the information needed in order to efficiently
manage and maintain the Road. The Unit shall also carry out, in
close collaboration with the Employer, the verifications on the
Service Levels.
25.3 The Contractors Self-Control Unit mentioned in GC Sub-Clause
25.2 shall report the level of compliance with the required Service
Levels in the standard format presented in the Specifications.
26. Environmental 26.1 The Contractor shall, throughout the design, execution and
and Safety completion of the Works and Services, and the remedying of any
Requirements defects therein:
(a) have full regard for the safety of all persons employed by
him and his subcontractors and keep the Site (so far as the
same is under his control) in an orderly state appropriate to
the avoidance of danger to such persons;
(b) provide and maintain at his own cost all guardrails, fencing,
warning signs and watching, when and where necessary or
required by Sub-Clause 18.3 of the Contract or by any duly
constituted authority, for the protection of the Works and
Services or for the safety and convenience of his workers
and road users, the public or others; and
(c ) take all reasonable steps to protect the environment (both on
and off the Site) and to limit damage and nuisance to people
and property resulting from pollution, noise and other
results of his operations.
27. Work Orders 27.1 Minor Improvement Works and Emergency Works shall be
for Minor executed by the Contractor on the basis of Work Orders issued by
Improvement the Employer.

Works and 27.2 Work Orders shall be issued in writing and shall include the date on
Emergency which the Work Order was issued and the signature of the Employer.
Works Two copies of the Work Order shall be transmitted by the Employer to
the Contractor, who shall immediately countersign one copy, including
the date of acceptance, and return it to the Employer.
27.3 If the Contractor has any objection to a Work Order, the Road
Manager shall notify the Employer of his reasons for such objection
within ten (10) days) of the date of issuing the Work Order. Within
five (5) days of the Road Managers objection, the Employer shall
cancel, modify or confirm the Work Order in writing.
28. Taking Over 28.1 When the whole of the Works and Services have been
Procedures substantially completed and have satisfactorily passed any Tests
on Completion prescribed by the Contract, the Contractor may
give a notice to that effect to the Employer, accompanied by a
written undertaking to finish with due expedition any outstanding
work during the Defects Liability Period. Such notice and
undertaking shall be deemed to be a request by the Contractor for
the Employer to issue a Taking-Over Certificate in respect of the
Works and Services. The Employer shall, within twenty-one (21)
days of the date of delivery of such notice, either issue to the
Contractor a Taking-Over Certificate, stating the date on which
the Works and Services were substantially completed in
accordance with the Contract, or give instructions in writing to the
Contractor specifying all the conditions to be complied with and
all the work which is required to be done by the Contractor before
the issue of such Certificate. The Employer shall also notify the
Contractor of any defects in the Works and Services affecting
substantial completion that may appear after such instructions and
before completion of Taking-Over Certificate within twenty-one
(21) days of completion, to the satisfaction of the Employer, of the
Works and Services so specified and remedying any defects so
notified.
28.2 Similarly, in accordance with the procedure set out in Sub-Clause
28.1, the Contractor may request and the Employer shall issue a
Taking-Over Certificate in respect of:
(a) any Section in respect of which a separate Time for
Completion is provided in the contract,
(b) any substantial part of the Works and Services which has
been both completed to the satisfaction of the Employer and,
otherwise than as provided for in the Contract, occupied or
used by the Employer, or
(c) any part of the Works and Services which the Employer has
elected to occupy or use prior to completion (where such
prior occupation or use is not provided for in the Contract or
has not been agreed by the Contractor as a temporary
measure).
29. Emergency 29.1 The need for execution of Emergency Works is jointly identified
Works by the Employer and the Contractor and the starting of the
execution of Emergency Works shall always require a Work Order
issued by the Employer.
29.2 The execution of Emergency Works shall be requested by the
Contractor based on losses or damages occurred as a result of
natural phenomena (such as strong storms, flooding or
earthquakes) with imponderable consequences, or on the
possibility of damages or losses occurring, or the safety of
individuals, works, services or equipment being at risk as result of
the natural phenomena. In order to characterize the Emergency
Works, the Contractor shall forward a Technical Report to the
Employer requesting the execution of Emergency Works and
characterizing the situation. On the basis of the said report, and of
his own judgment of the situation, the Employer may issue a
Work Order to the Contractor.
29.3 The Employer or even Government authorities may declare an
Emergency Situation on the basis of local legislation. In those
cases, the Employer may issue a Work Order for Emergency
Works to the Contractor even without a request by the Contractor.
29.4 If the Contractor is unable or unwilling to do such work
immediately, the Employer may do or cause such work to be done
as the Employer may determine necessary in order to prevent
damage to the Road. In such event the Employer shall, as soon as
practicable after the occurrence of any such emergency, notify the
Contractor in writing of such emergency, the work done and the
reasons therefore. If the work done or caused to be done by the
Employer is work that the Contractor was liable to do at its own
expense under the Contract, the reasonable costs incurred by the
Employer in connection therewith shall be paid by the Contractor
to the Employer. Otherwise, the cost of such remedial work shall
be borne by the Employer.
30. Quality of 30.1 The quality of materials used by the Contractor for the execution
materials used of the Contract shall be in compliance with the requirements of
by Contractor the Specifications. If the Contractor is of the opinion that
materials of higher quality than those stated in the Specifications
need to be used in order to ensure compliance with the Contract,
he shall use such better materials, without being entitled to higher
prices or remunerations.
30.2 Under no circumstances may the Contractor make any claim
based on the insufficient quality of materials used by him, even if
the material used was authorized by the Employer.

30.3 The Contractor shall carry out at his own cost the laboratory and
other tests that he needs to verify if materials to be used comply
with the Specifications, and shall keep records of such tests. If
requested by the Employer, the Contractor shall hand over the
results of the tests.
31. Signalling and 31.1 To ensure the safety of road users, including non-motorized road
demarcation of users and pedestrians, the Contractor is responsible to install and
work zones and maintain at his cost the adequate signalling and demarcation of
bypasses work sites, which in addition must comply with the applicable
legislation.
31.2 If the execution of services and works under the contract is likely
to interfere with traffic, the Contractor shall take at his cost the
measures necessary to limit such interference to the strict
minimum, or any danger to the workers or others. For that
purpose, he is entitled to install, within the right-of-way of the
road, temporary bypasses, structures or other modifications to be
used by traffic during the execution of works and services. The
Contractor shall notify the Employer of any such temporary
installations.
31.3 If the execution of Works and Services by the Contractor makes it

necessary to temporarily close a road section, and a traffic detour
has to be implemented over other public roads or streets, the
Contractor shall be responsible for the adequate signalling of the
detour, under the same conditions as stated in GC Sub-Clause 31.1.
31.4 The Contractor shall inform the local authorities and the local
police about such activities to be carried out by him which may
cause any significant interruptions or changes to the normal traffic
patterns. Such information shall be made in writing and at least
seven (7) days before the beginning of such activities. Upon
request from the Contractor, the Employer shall assist the
Contractor in the coordination with the local authorities and the
local police.
D. ALLOCATION OF RISKS
32. Employers 32.1 From the Start Date until the Defects Correction Certificate has
Risks been issued, the following are Employers risks insofar as they
directly affect the execution of the Works and Services included in
this Contract:
(a) war, hostilities (whether war be declared or not), invasion,

act of foreign enemies;
(b) rebellion, revolution, insurrection, military or usurped

power, or civil war;
(c) riot, commotion or disorder, unless solely restricted to

employees of the Contractor or of his Subcontractors and
arising from the conduct of the Works and Services;
(d) loss or damage due to the use or occupation by the

Employer of any unfinished Section or part of the Works,
except as may be provided for in the Contract;
(e) any operation of the forces of nature against which an

experienced contractor could not reasonably have been
expected to take precautions.
33. Contractors 33.1 The Employer carries the risks which this Contract states are
Risks Employers risks, and the remaining risks are the Contractors risks.
34. Loss of or 34.1 Subject to GC Sub-Clause 34.3, the Contractor shall indemnify and
Damage to hold harmless the Employer and its employees and officers from
Property; and against any and all suits, actions or administrative proceedings,
Accident or claims, demands, losses, damages, costs, and expenses of
Injury to whatsoever nature, including attorneys fees and expenses, in
Workers; respect of the death or injury of any person or loss of or damage to
Indemnifica- any property arising in connection with the execution and by reason
tion of the negligence of the Contractor or its Subcontractors, or their
employees, officers or agents, except any injury, death or property
damage caused by the negligence of the Employer, its contractors,
employees, officers or agents.
34.2 If any proceedings are brought or any claim is made against the
Employer that might subject the Contractor to liability under GC
Sub-Clause 34.1, the Employer shall promptly give the Contractor a
notice thereof and the Contractor may at its own expense and in the
Employers name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim.
If the Contractor fails to notify the Employer within twenty-eight
(28) days after receipt of such notice that it intends to conduct any
such proceedings or claim, then the Employer shall be free to
conduct the same on its own behalf. Unless the Contractor has so
failed to notify the Employer within the twenty-eight (28) day
period, the Employer shall make no admission that may be
prejudicial to the defense of any such proceedings or claim.
The Employer shall, at the Contractors request, afford all available
assistance to the Contractor in conducting such proceedings or
claim, and shall be reimbursed by the Contractor for all reasonable
expenses incurred in so doing.
34.3 The Employer shall indemnify and hold harmless the Contractor and
its employees, officers and Subcontractors from any liability for loss
of or damage to property of the Employer, other than the Works not
yet taken over, that is caused by fire, explosion or any other perils,
in excess of the amount recoverable from insurances procured under
GC Clause 35, provided that such fire, explosion or other perils
were not caused by any act or failure of the Contractor.
34.4 The party entitled to the benefit of an indemnity under this GC
Clause 34 shall take all reasonable measures to mitigate any loss or
damage which has occurred. If the party fails to take such measures,
the other partys liabilities shall be correspondingly reduced.
35. Insurance 35.1 To the extent specified in the PC, the Contractor shall at its
expense take out and maintain in effect, or cause to be taken out
and maintained in effect, during the performance of the Contract,
the insurances set forth below in the sums and with the
deductibles and other conditions specified in the said PC. The
identity of the insurers and the form of the policies shall be
subject to the approval of the Employer, who should not
unreasonably withhold such approval.
(a) Loss of or damage to the Plant and Materials
Covering loss or damage occurring prior to Completion.
(b) Third Party Liability Insurance
Covering bodily injury or death suffered by third parties
(including the Employers personnel) and loss of or damage to
property occurring in connection with Works and Services.
(c) Automobile Liability Insurance
Covering use of all vehicles used by the Contractor or its
Subcontractors (whether or not owned by them) in connection
with the execution of the Contract.
(d) Workers Compensation
In accordance with the statutory requirements applicable in
any country where the Contract or any part thereof is executed.
(e) Employers Liability
In accordance with the statutory requirements applicable in
any country where the Contract or any part thereof is executed.
(f) Other Insurances
Such other insurances as may be specifically agreed upon by

the parties.
35.2 The Employer shall be named as co-insured under all insurance
policies taken out by the Contractor pursuant to GC Sub-Clause
35.1, except for the Third Party Liability, Workers Compensation
and Employers Liability Insurances, and the Contractors
Subcontractors shall be named as co-insured under all insurance
policies taken out by the Contractor pursuant to GC Sub-Clause 35.1
except for the Cargo Insurance During Transport, Workers
Compensation and Employers Liability Insurances. All insurers
rights of subrogation against such co-insured for losses or claims
arising out of the performance of the Contract shall be waived under
such policies.
35.3 The Contractor shall deliver to the Employer certificates of
insurance (or copies of the insurance policies) as evidence that the
required policies are in full force and effect. The certificates shall
provide that no less than twenty-one (21) days notice shall be given
to the Employer by insurers prior to cancellation or material
modification of a policy.
35.4 The Contractor shall ensure that, where applicable, its
Subcontractor(s) shall take out and maintain in effect adequate
insurance policies for their personnel and vehicles and for work
executed by them under the Contract, unless such Subcontractors
are covered by the policies taken out by the Contractor.
35.5 If the Contractor fails to take out and/or maintain in effect the
insurances referred to in GC Sub-Clause 35.1, the Employer may
take out and maintain in effect any such insurances and may from
time to time deduct from any amount due the Contractor under the
Contract any premium that the Employer shall have paid to the
insurer, or may otherwise recover such amount as a debt due from
the Contractor.
35.6 Unless otherwise provided in the Contract, the Contractor shall
prepare and conduct all and any claims made under the policies
effected by it pursuant to this GC Clause 35, and all monies payable
by any insurers shall be paid to the Contractor. The Employer shall
give to the Contractor all such reasonable assistance as may be
required by the Contractor. With respect to insurance claims in
which the Employers interest is involved, the Contractor shall not
give any release or make any compromise with the insurer without
the prior written consent of the Employer. With respect to insurance
claims in which the Contractors interest is involved, the Employer
shall not give any release or make any compromise with the insurer
without the prior written consent of the Contractor.
36. Unforeseen 36.1 If, during the execution of the Contract, the Contractor shall
Conditions encounter on the Site any physical conditions (other than climatic
conditions) or artificial obstructions that could not have been
reasonably foreseen prior to the date of the Contract Agreement by
an experienced contractor on the basis of reasonable examination of
the data relating to the Road (including any data and tests provided
by the Employer), and on the basis of information that it could have
obtained from a visual inspection of the Site or other data readily
available to it relating to the Road, and if the Contractor determines
that it will in consequence of such conditions or obstructions incur
additional cost and expense or require additional time to perform its
obligations under the Contract that would not have been required if
such physical conditions or artificial obstructions had not been
encountered, the Contractor shall promptly, and before performing
additional work or using additional Plant and Equipment or
Contractors Equipment, notify the Employer in writing of
(a) the physical conditions or artificial obstructions on the Site
that could not have been reasonably foreseen;
(b) the additional work and/or Plant and Equipment and/or
Contractors Equipment required, including the steps which
the Contractor will or proposes to take to overcome such
conditions or obstructions;
(c) the extent of the anticipated delay;
(d) the additional cost and expense that the Contractor is likely to
incur.
On receiving any notice from the Contractor under this GC Sub-Clause
36.1, the Employer decide upon the actions to be taken to overcome the
physical conditions or artificial obstructions encountered. Following such
consultations, the Employer shall instruct the Contractor of the actions to
be taken.
36.2 Any reasonable additional cost and expense incurred by the
Contractor in following the instructions from the Employer to
overcome such physical conditions or artificial obstructions referred
to in GC Sub-Clause 36.1 shall be paid by the Employer to the
Contractor as an addition to the Contract Price.
36.3 If the Contractor is delayed or impeded in the performance of the

Contract because of any such physical conditions or artificial
obstructions referred to in GC Sub-Clause 36.1, the Time for
Completion shall be extended in accordance with GC Clause 64.
37. Change in 37.1 If, after the date twenty-eight (28) days prior to the date of Bid
Laws and submission, in the country where the Site is located, any law,
Regulations regulation, ordinance, order or by-law having the force of law is
enacted, promulgated, abrogated or changed (which shall be deemed
to include any change in interpretation or application by the
competent authorities) that subsequently affects the costs and
expenses of the Contractor and/or the Time for Completion, the
Contract Price shall be correspondingly increased or decreased,
and/or the Time for Completion shall be reasonably adjusted to the
extent that the Contractor has thereby been affected in the
performance of any of its obligations under the Contract.
Notwithstanding the foregoing, such additional or reduced costs
shall not be separately paid or credited if the same has already been
accounted for in the price adjustment provisions where applicable,
in accordance with the PC.
38. Force 38.1 Force Majeure shall mean any event beyond the reasonable control
Majeure of the Employer or of the Contractor, as the case may be, insofar as
they directly affect the execution of the Services and Works
included in this Contract and which is unavoidable notwithstanding
the reasonable care of the party affected, and shall include, without
limitation, the following:
(a) war, hostilities or warlike operations (whether a state of war be
declared or not), invasion, act of foreign enemy and civil war;
(b) rebellion, revolution, insurrection, mutiny, usurpation of civil
or military government, conspiracy, riot, civil commotion and
terrorist acts;
(c) confiscation, nationalization, mobilization, commandeering,
requisition by or under the order of any government or de jure
or de facto authority or ruler or any other act or failure to act of
any local state or national government authority;
(d) strike, sabotage, lockout, embargo, import restriction, port
congestion, lack of usual means of public transportation and
communication, industrial dispute, shipwreck, shortage or
restriction of power supply, epidemics, quarantine and plague;
(e) earthquake, landslide, volcanic activity, fire, flood or
inundation, tidal wave, typhoon or cyclone, hurricane, storm,
lightning, or other inclement weather condition, nuclear and
pressure waves or other natural or physical disaster;
(f) shortage of labor, materials or utilities where caused by
circumstances that are themselves Force Majeure.
38.2 If either party is prevented, hindered or delayed from or in
performing any of its obligations under the Contract by an event of
Force Majeure, then it shall notify the other in writing of the
occurrence of such event and the circumstances thereof within
fourteen (14) days after the occurrence of such event.
38.3 The party who has given such notice shall be excused from the
performance or punctual performance of its obligations under the
Contract for so long as the relevant event of Force Majeure
continues and to the extent that such partys performance is
prevented, hindered or delayed. The Time for Completion shall be

extended in accordance with GC Clause 64.
38.4 The party or parties affected by the event of Force Majeure shall use
reasonable efforts to mitigate the effect thereof upon its or their
performance of the Contract and to fulfill its or their obligations
under the Contract, but without prejudice to either partys right to
terminate the Contract under GC Sub-Clause 38.6.
38.5 No delay or non-performance by either party hereto caused by the
occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract;
(b) give rise to any claim for damages or additional cost or
expense occasioned thereby;
if and to the extent that such delay or non performance is caused by
the occurrence of an event of Force Majeure.
38.6 If the performance of the Contract is substantially prevented,
hindered or delayed for a single period of more than sixty (60) days
or an aggregate period of more than one hundred and twenty (120)
days on account of one or more events of Force Majeure during the
currency of the Contract, the parties will attempt to develop a
mutually satisfactory solution, failing which either party may
terminate the Contract by giving a notice to the other, but without
prejudice to either partys right to terminate the Contract under GC
Clause 59.
38.7 In the event of termination pursuant to GC Sub-Clause 38.6, the
rights and obligations of the Employer and the Contractor shall be as
specified in GC Sub-Clauses 59.1.2 and 59.1.3.
38.8 Notwithstanding GC Sub-Clause 38.5, Force Majeure shall not
apply to any obligation of the Employer to make payments to the
Contractor herein.
E. GUARANTEES AND LIABILITIES

39. Completion 39.1 The Contractor guarantees that it shall attain specified Service
Time Levels and the Completion of Initial Rectification, Periodic
Guarantee Maintenance and Minor Improvement Works (or a part for which a
and Liability separate time for completion is specified in the PC) within the time
schedules specified in the PC and the Specifications, pursuant to GC
Sub-Clause 10.2, or within such extended time to which the
Contractor shall be entitled under GC Clause 64 hereof.
39.2 If the Contractor fails to attain specified Service Levels within the
contractually agreed time schedules as given in the Specifications,
the contractor shall receive reduced payments for Ordinary
Maintenance Services, for such default and not as a penalty, in
accordance with the Specifications.
39.3 If the Contractor fails to attain the Completion of Initial

Rectification, Periodic Maintenance and Minor Improvement
Works (or a part for which a separate time for completion is
specified in the PC clause 39.1) within the contractually required
time schedules, the contractor shall pay to the Employer liquidated
damages for such default and not as a penalty, in accordance with
the PC and the Specifications.
39.4 The payment reductions and liquidated damages indicated in GC

39.2 and 39.3 shall be the only monies due from the Contractor for
such defaults, and they will be applied for every day of delay, in
accordance with the PC and the Specifications. The aggregate
amount of such liquidated damages and payment reductions shall
in no event exceed the aggregate liability in accordance with GC
Clause 42. The payment or deduction of such sums shall not
relieve the Contractor from his obligation to complete the Works
and Services, or from any other of his obligations and liabilities
under the Contract.
40. Performance 40.1 The Contractor guarantees that during the Performance Tests or
Guarantee Inspections for Initial Rectification, Periodic Maintenance and
and Liability Minor Improvement Works, and for Emergency Works, the Road
and all parts thereof shall attain the Performance Standards specified
in the corresponding Specifications.
40.2 If, for reasons attributable to the Contractor, the minimum level of
the Performance Standards specified in the corresponding
Specifications are not met either in whole or in part, the Contractor
shall at its cost and expense make such changes, modifications
and/or additions to the Road or any part thereof as may be necessary
to meet at least the minimum level of such Standards. The
Contractor shall notify the Employer upon completion of the
necessary changes, modifications and/or additions, and shall request
the Employer to repeat the Test or Inspection until the minimum
level of the Standards has been met. If the Contractor eventually
fails to meet the minimum level of Performance Standard, the
Employer may consider termination of the Contract, pursuant to GC
Sub-Clause 59.2.2.
40.3 If, for reasons attributable to the Contractor, the Performance
Standards relating to Initial Rectification, Periodic Maintenance and
Minor Improvement Works specified in the corresponding
Specifications are not attained either in whole or in part, the
Contractor shall, at the Contractors choice, either
(a) make such changes, modifications and/or additions to the Works
and Services or any part thereof that are necessary to attain the
Performance Standards at its cost and expense, and shall request

the Employer to repeat the Test, or
(b) pay liquidated damages to the Employer in respect of the Works
and Services which fail to meet the Performance Standards in
accordance with the provisions in the corresponding
Specifications.
40.4 The payment of liquidated damages under GC Sub-Clause 40.3, up
to the limitation of liability specified in the PC, shall completely
satisfy the Contractors guarantees under GC Sub-Clause 40.1, and
the Contractor shall have no further liability whatsoever to the
Employer in respect thereof. Upon the payment of such liquidated
damages by the Contractor, the Employer shall issue the Certificate
of Completion for the Works or any part thereof in respect of which
the liquidated damages have been so paid.
41. Defect 41.1 The Contractor warrants that the Works and Services or any part
Liability thereof shall be free from defects in the design, engineering,
materials and workmanship of the Works and Services executed.
41.2 The Defect Liability Period shall be twelve (12) months from the
date of Completion of the Contract, or eighteen (18) months from
the date of Certificate of Completion of the Works (or any part
thereof), whichever occurs first, unless specified otherwise in the
PC.
If during the Defect Liability Period any defect should be found in
the design, engineering, materials and workmanship of the Works
and Services executed by the Contractor, the Contractor shall
promptly, in consultation and agreement with the Employer
regarding appropriate remedying of the defects, and at its cost,
repair, replace or otherwise make good (as the Contractor shall, at its
discretion, determine) such defect as well as any damage to the
Road caused by such defect. The Contractor shall not be responsible
for the repair, replacement or making good of any defect of any
damage to the Road arising out of or resulting from improper
operation or maintenance of the Road by the Employer after taking
over.
41.3 The Contractors obligations under this GC Clause 41 shall not
apply to
(a) any works or materials that have a normal life shorter than the
Defect Liability Period stated herein;
(b) any designs, specifications or other data designed, supplied or
specified by or on behalf of the Employer or any matters for
which the Contractor has disclaimed responsibility herein;
(c) any other materials supplied or any other work executed by or on
behalf of the Employer, except for the work executed by the

Employer under GC Sub-Clause 41.6.
41.4 The Employer shall give the Contractor a notice stating the nature of
any such defect together with all available evidence thereof,
promptly following the discovery thereof. The Employer shall
afford all reasonable opportunity for the Contractor to inspect any
such defect.
41.5 The Employer shall afford the Contractor all necessary access to the
Site to enable the Contractor to perform its obligations under this
GC Clause 41. The Contractor may remove from the Site any Plant
and Equipment that are defective if the nature of the defect is such
that repairs cannot be expeditiously carried out at the Site.
41.6 If the Contractor fails to commence the work necessary to remedy
such defect or any damage to the Road caused by such defect within
a reasonable time (which shall in no event be considered to be less
than fifteen (15) days), the Employer may, following notice to the
Contractor, proceed to do such work, and the reasonable costs
incurred by the Employer in connection therewith shall be paid to
the Employer by the Contractor or may be deducted by the
Employer from any monies due the Contractor or claimed under the
Performance Security.
41.7 If the Road or any part thereof cannot be used by reason of such
defect and/or making good of such defect, the Defect Liability
Period of the Road or such part, as the case may be, shall be
extended by a period equal to the period during which the Road or
such part cannot be used because of any of the aforesaid reasons.
41.8 Except as provided in GC Clauses 40 and 41, the Contractor shall be
under no liability whatsoever and howsoever arising, and whether
under the Contract or at law, in respect of defects in the Road or any
part thereof, the Plant and Equipment, design or engineering or
work executed that appear after Completion of the Works and
Services, except where such defects are the result of the gross
negligence, fraud, criminal or wilful action of the Contractor.
42. Limitation of 42.1 Except in cases of criminal negligence or wilful misconduct,
Liability
(a) the Contractor shall not be liable to the Employer, whether in
contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not
apply to any obligation of the Contractor to pay liquidated
damages to the Employer and
(b) the aggregate liability of the Contractor to the Employer,

whether under the Contract, in tort or otherwise, shall not
exceed the limit specified in the PC.

43. Liability for 43.1 The Contractor cannot be held liable for losses or damages of any
Damages kind arising out of traffic accidents on the roads included in the
through Contract, unless those traffic accidents have been caused directly by
Traffic potholes or other major defects of the Road covered by the Contract
Accidents he failed to repair in a timely manner, criminal acts, wilful
and Traffic misconduct or gross negligence of the Contractor.
Interruptions
43.2 Under no circumstances can the Contractor be held liable for losses
or damages of any kind and to anyone arising out of interruptions of
traffic or traffic delays on the road included in the Contract,
including any indirect or consequential loss or damage, loss of use,
loss of production, or loss of profits or interest costs.
F. PAYMENT
44. Contract 44.1 The Contract Price shall be as specified in the Form of Contract
Price Agreement to be paid in the currencies indicated in the PC.
44.2 Unless indicated otherwise in the PC, and except in the event of a
Change as provided for in the Contract, the Contract Price shall be:
(a) For Ordinary Maintenance Services, a firm lump sum to be
paid in monthly instalments;
(b) For Initial Rectification Works, a firm lump sum, to be paid
according to work progress;
(c) For Periodic Maintenance Works, a firm lump sum, to be paid
according to work progress;
(d) For Minor Improvement Works, the total price stated in the
Schedule of Prices for this item;
(e) For Emergency Works, the Provisional Sum reserved for this
purpose.
44.3 The Contractor shall be deemed to have satisfied itself as to the
correctness and sufficiency of the Contract Price, which shall,
except as otherwise provided for in the Contract, cover all its
obligations under the Contract.
45. Advance 45.1 The Employer shall make advance payment to the Contractor of the
Payment amounts and by the date stated in the PC, against provision by the
Contractor of an Unconditional Bank Guarantee in a form and by a
bank acceptable to the Employer in amounts and currencies equal to
the advance payment. The Guarantee shall remain effective until the
advance payment has been repaid, but the amount of the Guarantee
shall be progressively reduced by the amounts repaid by the

Contractor. Interest will not be charged on the advance payment.
45.2 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses required
specifically for the execution of the Contract. The Contractor shall
demonstrate that advance payment has been used in this way by
supplying copies of invoices or other documents to the Employer.
45.3 The advance payment shall be repaid by deducting proportionate
amounts from payments otherwise due to the Contractor, following
the schedule of completed percentages of the Works and Services on
a payment basis as indicated in the PC.
46. Schedule of 46.1 The Schedule of Prices shall contain items for Groups of Activities
Prices which include the provision of Services (measured by performance
standards) and Works (measured by unit of outputs or of products).
The Schedule of Prices for Works shall include, where applicable,
the lump-sum and unit price for Initial Rectification and Periodic
Maintenance Works, and unit rates for Minor Improvement Works
and for provisional sum for Emergency/Day work.
46.2 Ordinary Maintenance Services shall be measured and billed
separately and will be remunerated by lump-sum amount for the
period of the contract, and paid in fixed monthly payments during
the entire Contract period. The values for remuneration of the
Ordinary Maintenance Services are those stated in the Schedule of
Prices.
46.3 Initial Rectification and Periodic Maintenance Works will be
remunerated by Lump-Sum amount for the period of the contract,
however, indicating the quantities of measurable outputs to be
executed in order that the Road achieves the performance standards
specified in the bidding documents. Payments will be made in
accordance with the execution of those measured outputs paid by
executed works output. The prices shall be those stated in the
Schedule of Prices.
46.4 Minor Improvement Works will be remunerated after acceptance by
the Employer and shall be paid according to the product unit price
using the prices included in the Schedule of Prices.
46.5 Each Emergency Work Order issued by the Employer will be
pursuant to GC Clauses 29 and 61 and will be prepared based on the
Specifications and on the unit prices included in the Schedule of
Prices or on the basis of input based method and on the Current
SOR rate just before the excution of work.
46.6 The Schedule of Prices is used to calculate the Contract Price. The
amounts for Ordinary Maintenance Services, Initial Rectification
and Periodic Maintenance Works are the Lump-Sum prices offered
in the Contractors Bid. The Minor Improvement Works amount
included in the Contract is an estimate on the basis of the unit prices
included in the Contractors Bid. The Provisional Sum included in
the Contract Price is an estimate for use when authorized by the
Employer for Emergency Works and contingencies.
47. Measurement 47.1 Ordinary Maintenance Services will not be measured in volume;
however its payment will be affected by compliance with the
Performance Standards pursuant to GC Clause 24. Ordinary
Maintenance Services shall be billed in fixed monthly amounts as
per the Schedule of Prices Lump-Sum amount for Ordinary
Maintenance Services, beginning from the Start Date. Payments will
be made with Reductions if the Performance Standards are not
achieved, as defined in the Specifications. The Reductions for non-
compliance with the Performance Standards will be applied on a
daily basis for the period under which the Road does not achieve the
Performance Standards, in accordance with the methodology
specified in the Specifications.
47.2 Initial Rectification and Periodic Maintenance Works will be
measured on the basis indicated in the PC, based on the quantity of
actual work outputs as defined in the Specifications, concluded by
the Contractor and approved by the Employer. The prices shall be
those stated in the Schedule of Prices.
47.3 Minor Improvement Works will be measured on the basis indicated
in the PC and in accordance with the unit of measurement used for
product unit price included in the Schedule of Prices. The prices
shall be those stated in the Schedule of Prices.
47.4 Emergency Works will not be measured and shall be billed in
accordance with the Schedule of Payments agreed for each specific
Emergency Work as approved by the Employer.
48. Price 48.1 Contract payments shall be adjusted for increase or decrease in rates
Adjustments and prices in accordance with the principles and procedures and as
per formula given in the Particular Conditions.
48.2 To the extent that full compensation for any rise or fall in costs to the
Contractor is not covered by the provisions of this or other clauses
in the Contract, the rates and prices included in the Contract shall be
deemed to include amounts to cover the contingency of such other
rise and fall in costs.
49. Monthly 49.1 The Contractor shall submit to the Employer monthly statements in
Statements the format indicated in the Specifications, of the estimated value of
and Ordinary Maintenance Services, Initial Rectification Works,
Payments Periodic Maintenance Works, Minor Improvement Works, and
Emergency Works in separated items covering the Works and
Services for the corresponding month.
49.2 The Employer shall check the Contractors monthly statement and

certify within fourteen (14) days the amount to be paid to the
Contractor.
49.3 The value of Services executed shall be certified by the Employer
taking into account the monthly amount included in the Schedule of
Prices for Ordinary Maintenance Services and the achievement of
the Performance Standards for the Ordinary Maintenance Services
adjusted for any payment reductions in accordance with GC Sub-
Clause 47.1.
49.4 The value of Works executed shall be certified by the Employer
taking into account the value of the quantities of products executed
and the prices in the Schedule of Prices.
49.5 The Employer may exclude any item certified in a previous
certificate or reduce the proportion of any item previously certified
in any certificate in the light of later information.
50. Payments 50.1 Payments shall be adjusted for deductions for advance payments,
retention, and reductions for not achieving Performance Standards
for Ordinary Maintenance Services. The Employer shall pay the
Contractor the amounts certified in accordance with GC Clause 49,
within twenty-eight (28) days of the date of each certificate
positevely.
50.2 Unless otherwise stated, all payments and deductions will be paid or
charged in the proportions of currencies comprising the Contract
Price.
50.3 Items of the Works for which no rate or price has been entered in
the Schedule of Prices will not be paid for by the Employer and
shall be deemed covered by other rates and prices in the Contract.
51. Retention 51.1 The Employer shall retain the percentage indicated in the PC from
and each payment due to the Contractor for Initial Rectification,
Reductions Periodic Maintenance Works and Minor Improvement Works,
except for the types of works specified in the PC. The regular
monthly lump-sum payments for performance-based Ordinary
Maintenance Services will not be subject to retentions, unless indicated
in the PC.
51.2 On completion of the Initial Rectification, Periodic Maintenance and
Minor Improvement Works, half the total amount retained shall be
repaid to the Contractor and the other half after twelve (12) months
have passed and the Employer has certified that all Defects notified
to the Contractor have been corrected before the end of this period.
51.3 On completion of the whole Works and Services, the Contractor
may substitute retention money with an on demand Bank
guarantee.
51.4 Reduction of monthly payments for Ordinary Maintenance Services
due to non compliance with the Service Levels will be made as
indicated in GC Sub-Clause 47.1. The amount of Reduction for the
days in which the Road was not complying with the Performance
Standards will not be paid or repaid, even after the Contractor re-
establishes the quality levels to the standards required by the
contract.
52. Taxes and 52.1 Except as otherwise specifically provided in the Contract, the
Duties Contractor shall bear and pay all taxes, duties, levies and charges
assessed on the Contractor, its Subcontractors or their employees by
all municipal, state or national government authorities in connection
with the Works and Services in and outside of the country where the
Site is located.
52.2 If any tax exemptions, reductions, allowances or privileges may be
available to the Contractor in the country where the Site is located,
the Employer shall use its best endeavours to enable the Contractor
to benefit from any such tax savings to the maximum allowable
extent.
52.3 For the purpose of the Contract, it is agreed that the Contract Price
specified in the Form of Contract Agreement is based on the taxes,
duties, levies and charges prevailing at the date twenty-eight (28)
days prior to the date of bid submission in the country where the
Site is located (hereinafter called Tax). If any rates of Tax are
increased or decreased, a new Tax is introduced, an existing Tax is
abolished, or any change in interpretation or application of any Tax
occurs in the course of the performance of the Contract, which was
or will be assessed on the Contractor, Subcontractors or their
employees in connection with performance of the Contract, an
equitable adjustment of the Contract Price shall be made to fully
take into account any such change by addition to the Contract Price
or deduction therefrom, as the case may be, in accordance with GC
Clause 37 hereof.
53. Securities 53.1 Issuance of Securities

The Contractor shall provide the securities specified below in favor
of the Employer at the times, and in the amount, manner and form
specified below.
53.2 Advance Payment Security
53.2.1The Contractor shall, within twenty-eight (28) days of the
notification of contract award, provide a security in an
amount equal to the advance payment calculated in
accordance with the corresponding PC to the Contract
Agreement.
53.2.2The security shall be in the form provided in the bidding
documents or in another form acceptable to the Employer.
The amount of the security shall be reduced in proportion to
the value of the Works and Services executed by and paid to

the Contractor from time to time, and shall automatically
become null and void when the full amount of the advance
payment has been recovered by the Employer. The security
shall be returned to the Contractor immediately after its
expiration.
53.3 Performance Security
53.3.1 The Contractor shall, within twenty-eight (28) days of the
notification of contract award, provide a security for the due
performance of the Contract in the amount specified in the
PC.
53.3.2 The security shall be in one of the forms of guarantees
provided in the bidding documents, as stipulated by the
Employer in the PC, or in another form acceptable to the
Employer.
53.3.3The security shall automatically become null and void, twelve
(12) months after Completion of all Works and Services
under the Contract, provided however, that if the Defects
Liability Period has been extended on any part of the Works
pursuant to GC Sub-Clause 41.8 hereof, the Contractor shall
issue an additional security in an amount proportionate to the
Contract Price of that part. The security shall be returned to
the Contractor immediately after its expiration.
54. Certificate of 54.1 The Contractor shall request the Employer to issue a Certificate of
Completion Completion of the Initial Rectification, Periodic Maintenance
Works, Minor Improvement Works and Emergency Works, or parts
thereof, as applicable, and the Employer will do so upon deciding
that the work is completed.
55. Final 55.1 The Contractor shall supply the Employer with a detailed account of
Statement the total amount that the Contractor considers payable under the
Contract before the end of the Defects Liability Period. The
Employer shall issue a Defects Liability Certificate and certify any
final payment that is due to the Contractor within fifty-six (56) days
of receiving the Contractors account if it is correct and complete. If
it is not, the Employer shall issue within fifty-six (56) days a
schedule that states the scope of the corrections or additions that are
necessary. If the Final Account is still unsatisfactory after it has
been resubmitted, the Employer shall decide on the amount payable
to the Contractor and issue a payment certificate.
56. Discharge 56.1 Upon submission of the Final Statement, the Contractor shall give to
the Employer, a written discharge confirming that the total of the
Final Statement represents full and final settlement of all monies
due to the Contractor arising out of or in respect of the Contract.
Provided that such discharge shall become effective only after
payment due under the Final Payment Certificate issued pursuant to
Sub-Clause 55 has been made and the performance security referred

to in Sub-Clause 53.3, if any, has been returned to the Contractor.
57. As Built 57.1 If as built Drawings and/or manuals are required, the Contractor
Drawings shall supply them by the dates stated in the PC.
and Manuals 57.2 If the Contractor does not supply the Drawings and/or manuals by
the dates stated in the PC, or they do not receive the Employers
approval, the Employer shall withhold the amount stated in the PC
from payments due to the Contractor.
G. REMEDIES
58. Suspension 58.1 The Employer may request by notice to the Contractor, to suspend
performance of any or all of its obligations under the Contract. Such
notice shall specify the obligation of which performance is to be
suspended, the effective date of the suspension and the reasons
therefore. The Contractor shall thereupon suspend performance of
such obligation (except those obligations necessary for the care or
preservation of the Site and Works) until ordered in writing to
resume such performance by the Employer.
If, by virtue of a suspension order given by the Employer, other than
by reason of the Contractors default or breach of the Contract, the
Contractors performance of any of its obligations is suspended for
an aggregate period of more than ninety (90) days, then at any time
thereafter and provided that at that time such performance is still
suspended, the Contractor may give a notice to the Employer that
the Employer shall, within twenty-eight (28) days of receipt of the
notice, order the resumption of such performance or request and
subsequently order a change in accordance with GC Sub-Clause
63.1, excluding the performance of the suspended obligations from
the Contract.
If the Employer fails to do so within such period, the Contractor may,
by a further notice to the Employer, elect to treat the suspension as
termination of the Contract under GC Sub-Clause 59.1.
58.2 If
(a) the Employer has failed to pay the Contractor any sum due
under the Contract within the specified period, has failed to
approve any invoice or supporting documents without just
cause pursuant to the Contract, or commits a substantial
breach of the Contract, the Contractor may give a notice to the
Employer that requires payment of such sum, with interest
thereon as stipulated in GC Sub-Clause 50.1, requires
approval of such invoice or supporting documents, or specifies
the breach and requires the Employer to remedy the same, as
the case may be. If the Employer fails to pay such sum
together with such interest, if fails to approve such invoice or
supporting documents or give its reasons for withholding such
approval, or fails to remedy the breach or take steps to remedy
the breach within fourteen (14) days after receipt of the
Contractors notice; or
(b) the Contractor is unable to carry out any of its obligations
under the Contract for any reason attributable to the Employer,
including but not limited to the Employers failure to provide
possession of or access to the Site, or failure to obtain any
governmental permit under the Employers responsibility and
necessary for the execution and/or completion of the Works
and Services,
then the Contractor may by fourteen (14) days notice to the
Employer suspend performance of all or any of its obligations under
the Contract, or reduce the rate of progress.
58.3 If the Contractors performance of its obligations is suspended or the
rate of progress is reduced pursuant to this GC Clause 58, then the
Time for Completion shall be extended in accordance with GC Sub-
Clause 64, and any and all additional costs or expenses incurred by
the Contractor as a result of such suspension or reduction shall be
paid by the Employer to the Contractor in addition to the Contract
Price, except in the case of suspension order or reduction in the rate
of progress by reason of the Contractors default or breach of the
Contract.
58.4 During the period of suspension, the Contractor shall not remove
from the Site any Plant and Equipment or any Contractors
Equipment, without the prior written consent of the Employer.

59. Termination 59.1 Termination for Employers Convenience
59.1.1 The Employer may at any time terminate the Contract for any
reason by giving the Contractor a notice of termination that
refers to this GC Sub-Clause 59.1.
59.1.2 Upon receipt of the notice of termination under GC Sub-
Clause 59.1.1, the Contractor shall either immediately or
upon the date specified in the notice of termination
(a) cease all further work, except for such work as the
Employer may specify in the notice of termination for
the sole purpose of protecting that part of the Works and
Services already executed, or any work required to
leave the Site in a clean and safe condition,
(b) terminate all subcontracts, except those to be assigned to
the Employer pursuant to paragraph (d) (ii) below,
(c) remove all Contractors Equipment from the Site,
repatriate the Contractors and its Subcontractors
personnel from the Site, remove from the Site any
wreckage, rubbish and debris of any kind, and leave the
whole of the Site in a clean and safe condition.
(d) In addition, the Contractor, subject to the payment
specified in GC Sub-Clause 59.1.3, shall
(i) deliver to the Employer the parts of the Works
executed by the Contractor up to the date of
termination,
(ii) to the extent legally possible, assign to the
Employer all right, title and benefit of the
Contractor to the Works and Services and to the
Plant and Equipment as of the date of termination,
and, as may be required by the Employer, in any
subcontracts concluded between the Contractor
and its Subcontractors
(iii) deliver to the Employer all non-proprietary
drawings, specifications and other documents
prepared by the Contractor or its Subcontractors
as at the date of termination in connection with the
Works.
59.1.3 In the event of termination of the Contract under GC Sub-
Clause 59.1.1, the Employer shall pay to the Contractor the
following amounts:
(a) the Contract Price, properly attributable to the parts of
the works and services executed by the Contractor as of
the date of termination,
(b) the costs reasonably incurred by the Contractor in the
removal of the Contractors Equipment from the Site
and in the repatriation of the Contractors and its
Subcontractors personnel,
(c) any amounts to be paid by the Contractor to its
Subcontractors in connection with the termination of
any subcontracts, including any cancellation charges,
(d) the costs incurred by the Contractor in protecting and
leaving the Site in a clean and safe condition pursuant to
paragraph (a) of GC Sub-Clause 59.1.2,
(e) the cost of satisfying all other obligations, commitments
and claims that the Contractor may in good faith have
undertaken with third parties in connection with the
Contract and that are not covered by paragraphs (a)
through (d) above.
59.2 Termination for Contractors Default
59.2.1 The Employer, without prejudice to any other rights or
remedies it may possess, may terminate the Contract
forthwith in the following circumstances by giving a notice of
termination and its reasons therefore to the Contractor,
referring to this GC Sub-Clause 59.2:
(a) if the Contractor becomes bankrupt or insolvent, has a
receiving order issued against it, compounds with its
creditors, or, if the Contractor is a corporation, a
resolution is passed or order is made for its winding up
(other than a voluntary liquidation for the purposes of
amalgamation or reconstruction), a receiver is appointed
over any part of its undertaking or assets, or if the
Contractor takes or suffers any other analogous action
in consequence of debt;
(b) if the Contractor assigns or transfers the Contract or any
right or interest therein in violation of the provision of
GC Clause 13;
(c) if the Contractor, in the judgment of the Employer has
engaged in corrupt, fraudulent, collusive or coercive
practices in competing for or in executing the Contract.
For the purpose of this Sub-Clause:
corrupt practice means the offering, giving, receiving
or soliciting of any thing of value to influence the action
of a public official in the procurement process or in
contract execution.
fraudulent practice means a misrepresentation of facts
in order to influence a procurement process or the
execution of a contract to the detriment of the
Employer, and includes collusive practice among
bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels
and to deprive the Employer of the benefits of free and
open competition.
collusive practice means a scheme or arrangement
between two or more bidders, with or without the
knowledge of the Borrower, designed to establish bid
prices at artificial, noncompetitive levels.
coercive practice means harming or threatening to
harm, directly or indirectly, persons or their property to
influence their participation in the procurement process
or affect the execution of a contract.
59.2.2 If the Contractor
(a) has abandoned or repudiated the Contract
(b) has without valid reason failed to commence work on
the Road promptly or has suspended (other than
pursuant to GC Sub-Clause 58.2) the progress of
Contract performance for more than twenty-eight (28)
days after receiving a written instruction from the
Employer to proceed,
(c) persistently fails to execute the Contract in accordance
with the Contract, such failure being defined in the PC,
or persistently neglects otherwise to carry out its
obligations under the Contract without just cause,
(d) refuses or is unable to provide sufficient materials,
services or labour to execute and complete the Works
and Services in the manner specified in the program
furnished under GC Clause 17 at rates of progress that
give reasonable assurance to the Employer that the
Contractor can attain completion of the works and
services by the Time for Completion as extended,
then the Employer may, without prejudice to any other rights
it may possess under the Contract, give a notice to the
Contractor stating the nature of the default and requiring the
Contractor to remedy the same. If the Contractor fails to
remedy or to take steps to remedy the same within fourteen
(14) days of its receipt of such notice, then the Employer may
terminate the Contract forthwith by giving a notice of
termination to the Contractor that refers to this GC Sub-

Clause 59.2.
59.2.3 Upon receipt of the notice of termination under GC Sub-
Clauses 59.2.1 or 59.2.2, the Contractor shall, either
immediately or upon such date as is specified in the notice of
termination,
(a) cease all further work, except for such work as the
Employer may specify in the notice of termination for the
sole purpose of protecting that part of the Works and
Services already executed, or any work required to leave
the Site in a clean and safe condition
the Employer based on the Employers written request,
(c) deliver to the Employer all drawings, specifications and
other documents prepared by the Contractor or its
Subcontractors as of the date of termination in connection
with the Works and Services.
59.2.4 The Contractor shall be entitled to be paid the Contract Price
attributable to the Works and Services executed as of the date
of termination, and the costs, if any, incurred in protecting
and in leaving the Site in a clean and safe condition pursuant
to paragraph (a) of GC Sub-Clause 59.2.3. Any sums due the
Employer from the Contractor accruing prior to the date of
termination shall be deducted from the amount to be paid to
the Contractor under this Contract.
59.3 Termination by Contractor
59.3.1 If
(a) the Employer has failed to pay the Contractor any sum
due under the Contract within the specified period, has
failed to approve any invoice or supporting documents
without just cause pursuant to GC Clause 50, or
commits a substantial breach of the Contract, the
Contractor may give a notice to the Employer that
requires payment of such sum, with interest thereon as
stipulated in GC Sub-Clause 50.2, requires approval of
such invoice or supporting documents, or specifies the
breach and requires the Employer to remedy the same,
as the case may be. If the Employer fails to pay such
sum together with such interest, fails to approve such
invoice or supporting documents or give its reasons for
withholding such approval, fails to remedy the breach or
take steps to remedy the breach within fourteen (14)
days after receipt of the Contractors notice, or

(b) the Contractor is unable to carry out any of its
obligations under the Contract for any reason
attributable to the Employer, including but not limited
to the Employers failure to provide possession of or
access to the Site or other areas or failure to obtain any
governmental permit under the Employers
responsibility and necessary for the execution and/or
completion of the Works and Services,
then the Contractor may give a notice to the Employer
thereof, and if the Employer has failed to pay the outstanding
sum, to approve the invoice or supporting documents, to give
its reasons for withholding such approval, or to remedy the
breach within twenty-eight (28) days of such notice, or if the
Contractor is still unable to carry out any of its obligations
under the Contract for any reason attributable to the
Employer within twenty-eight (28) days of the said notice, the
Contractor may by a further notice to the Employer referring
to this GC Sub-Clause 59.3.1, forthwith terminate the
Contract.
59.3.2 The Contractor may terminate the Contract forthwith by
giving a notice to the Employer to that effect, referring to this
GC Sub-Clause 59.3.2, if the Employer becomes bankrupt or
insolvent, has a receiving order issued against it, compounds
with its creditors, or, being a corporation, if a resolution is
passed or order is made for its winding up (other than a
voluntary liquidation for the purposes of amalgamation or
reconstruction), a receiver is appointed over any part of its
undertaking or assets, or if the Employer takes or suffers any
other analogous action in consequence of debt.
59.3.3 If the Contract is terminated under GC Sub-Clauses 59.3.1 or
59.3.2, then the Contractor shall immediately
(a) cease all further work, except for such work as may be
necessary for the purpose of protecting that part of the
Road already executed, or any work required to leave
the Site in a clean and safe condition,
the Employer pursuant to paragraph (d) (ii),
(c) remove all Contractors Equipment from the Site and
repatriate the Contractors and its Subcontractors
personnel from the Site.
(d) In addition, the Contractor, subject to the payment
specified in GC Sub-Clause 59.3.4, shall
(i) deliver to the Employer the parts of the Road
executed by the Contractor up to the date of
termination,
(ii) to the extent legally possible, assign to the
Employer all right, title and benefit of the
Contractor to the Road and to the Plant and
Equipment as of the date of termination, and, as
may be required by the Employer, in any
subcontracts concluded between the Contractor
and its Subcontractors,
(iii) deliver to the Employer all drawings,
specifications and other documents prepared by
the Contractor or its Subcontractors as of the date
of termination in connection with the Works and
Services.
59.3.4 If the Contract is terminated under GC Sub-Clauses 59.3.1 or
59.3.2, the Employer shall pay to the Contractor all payments
specified in GC Sub-Clause 59.1.3, and reasonable
compensation for all loss, except for loss of profit, or damage
sustained by the Contractor arising out of, in connection with
or in consequence of such termination.
59.3.5 Termination by the Contractor pursuant to this GC Sub-
Clause 59.3 is without prejudice to any other rights or
remedies of the Contractor that may be exercised in lieu of or
in addition to rights conferred by GC Sub-Clause 59.3.
59.4 In this GC Clause 59, in calculating any monies due from the Employer
to the Contractor, account shall be taken of any sum previously paid by
the Employer to the Contractor under the Contract, including any
advance payment paid pursuant to the Contract.
H. PROVISIONAL SUM
60. Provisional 60.1 Provisional Sum means a sum included in the Contract for use
Sum when authorized by the Employer for Emergency Works and for
contingencies, which sum may be used, in whole or in part, or not at
all, on the instructions of the Employer. The Contractor shall be
entitled to only such amounts in respect of the work, supply or

contingencies to which such Provisional Sums relate as the
Employer shall determine in accordance with this Clause.
61. Use of 61.1 After detecting a situation which in the opinion of the Contractor
Provisional justifies the execution of Emergency Works or otherwise as defined
Sum for in GC Clause 29, the Contractor shall submit a Technical Report to
Emergency the Employer characterizing the situation. The emergency work
Works shall be executed as per specification on the basis of Current SOR
just before execution of the work if the rates of any item are not
included in the contract.
61.2 If the execution of the Emergency Works require any activity not
priced in the Schedule of Prices, the Contractor will use the price
breakdowns included in the Contractors Bid in order to form the
unit prices of the unpriced items to be included in the Price
Quotation of the Emergency Works, all in accordance with agreed
methodology for approving new prices.
61.3 Upon receiving the request for Emergency Works including a Price
estimate based on clause 61.1 & 61.2 the Employer may issue a
Work Order in accordance with GC Sub-Clause 29.2 for execution
of the Emergency Works with a payment Schedule agreed with the
Contractor. The cost of these Works will be covered by the amounts
included in the Provisional Sum.
62. Use of 62.1 The use of the Provisional Sum to cover for Contingencies will be
Provisional done under the control and initiative of the Employer in accordance
Sum for with the conditions of the Contract.
Contingen-
cies
I. CHANGE IN CONTRACT ELEMENTS

63. Change in 63.1 Introducing a Change
Assignments
to Contractor 63.1.1 If so indicated in the PC, the Employer shall have the right
to propose, and subsequently require, that the he order the
Contractor from time to time during the performance of the
Contract to make any change, modification, addition or
deletion to, in or from the Assignments to the Contractor
(hereinafter called Change), provided that such Change
falls within the general scope of the Assignment and does not
constitute unrelated work and that it is technically practicable,
taking into account both the state of advancement of the
Works and Services and the technical compatibility of the
Change envisaged with the nature of the Works and Services
as specified in the Contract.
63.1.2 If so indicated in the PC, the Contractor may from time to
time during its performance of the Contract propose to the
Employer any Change that the Contractor considers necessary
or desirable to improve the quality, efficiency or safety of the
Works and Services. The Employer may at its discretion
approve or reject any Change proposed by the Contractor.
63.1.3 Notwithstanding GC Sub-Clauses 63.1.1 and 63.1.2, no
change made necessary because of any default of the
Contractor in the performance of its obligations under the
Contract shall be deemed to be a Change, and such change
shall not result in any adjustment of the Contract Price or the
Time for Completion.
63.1.4 The procedure on how to proceed with and execute Changes
is specified in GC Sub-Clauses 63.2 and 63.3, further details
and sample forms are provided in the Sample Forms and
Procedures section in the bidding documents.
63.2 Changes Originating from Employer
63.2.1 If the Employer proposes a Change pursuant to GC Sub-
Clause 63.1.1, it shall send to the Contractor a Request for
Change Proposal, requiring the Contractor to prepare and
furnish to the Employer, as soon as reasonably practicable, a
Change Proposal, which shall include the following:
(a) brief description of the Change
(b) effect on the Time for Completion
(c) estimated cost of the Change
(d) effect on Functional Guarantees (if any)
(e) effect on any other provisions of the Contract
63.2.2Prior to preparing and submitting the Change Proposal, the
Contractor shall submit to the Employer an Estimate for
Change Proposal, which shall be an estimate of the cost of
preparing and submitting the Change Proposal.
Upon receipt of the Contractors Estimate for Change
Proposal, the Employer shall do one of the following:
(a) accept the Contractors estimate with instructions to the
Contractor to proceed with the preparation of the
Change Proposal,
(b) advise the Contractor of any part of its Estimate for
Change Proposal that is unacceptable and request the
Contractor to review its estimate,
(c) advise the Contractor that the Employer does not intend
to proceed with the Change.
63.2.3 Upon receipt of the Employers instruction to proceed under
GC Sub-Clause 63.2.2 (a), the Contractor shall, with proper
expedition, proceed with the preparation of the Change
Proposal, in accordance with GC Sub-Clause 63.2.1.
63.2.4 The pricing of any Change shall, as far as practicable, be
calculated in accordance with the rates and prices included in
the Contract. If such rates and prices are inequitable, the
parties thereto shall agree on specific rates for the valuation
of the Change.
63.2.5 If before or during the preparation of the Change Proposal it
becomes apparent that the aggregate effect of compliance
therewith, and with all other Change Orders that have already
become binding upon the Contractor under this GC Clause
63, would be to increase or decrease the Contract Price as
originally set forth in the Contract Agreement by more than
fifteen percent (15%), the Contractor may give a written
notice of objection thereto prior to furnishing the Change
Proposal as aforesaid. If the Employer accepts the
Contractors objection, the Employer shall withdraw the
proposed Change and shall notify the Contractor in writing
thereof.
The Contractors failure to so object shall neither affect its
right to object to any subsequent requested Changes or
Change Orders herein, nor affect its right to take into account,
when making such subsequent objection, the percentage
increase or decrease in the Contract Price that any Change not
objected to by the Contractor represents.
63.2.6 Upon receipt of the Change Proposal, the Employer and the
Contractor shall mutually agree upon all matters therein
contained. Within fourteen (14) days after such agreement,
the Employer shall, if it intends to proceed with the Change,
issue the Contractor with a Change Order.
If the Employer is unable to reach a decision within fourteen
(14) days, it shall notify the Contractor with details of when
the Contractor can expect a decision.
If the Employer decides not to proceed with the Change for
whatever reason, it shall, within the said period of fourteen
(14) days, notify the Contractor accordingly. Under such
circumstances, the Contractor shall be entitled to
reimbursement of all costs reasonably incurred by it in the
preparation of the Change Proposal, provided that these do
not exceed the amount given by the Contractor in its Estimate
for Change Proposal submitted in accordance with GC Sub-
Clause 63.2.2.
63.2.7 If the Employer and the Contractor cannot reach agreement
on the price for the Change, an equitable adjustment to the
Time for Completion, or any other matters identified in the
Change Proposal, the Employer may nevertheless instruct the
Contractor to proceed with the Change by issue of a Pending
Agreement Change Order.
Upon receipt of a Pending Agreement Change Order, the
Contractor shall immediately proceed with effecting the
Changes covered by such Order. The parties shall thereafter
attempt to reach agreement on the outstanding issues under
the Change Proposal.
If the parties cannot reach agreement within sixty (60) days
from the date of issue of the Pending Agreement Change
Order, then the matter may be referred to the DRE in
accordance with the provisions of GC Sub-Clause 6.1.
63.3 Changes Originating from Contractor
63.3.1If the Contractor proposes a Change pursuant to GC Sub-
Clause 63.1.2, the Contractor shall submit to the Employer a
written Application for Change Proposal, giving reasons
for the proposed Change and including the information
specified in GC Sub-Clause 63.2.1.
Upon receipt of the Application for Change Proposal, the
parties shall follow the procedures outlined in GC Sub-
Clauses 63.2.6 and 63.2.7. However, should the Employer
choose not to proceed, the Contractor shall not be entitled to
recover the costs of preparing the Application for Change
Proposal.
64. Extension 64.1 The Time(s) for Completion specified in the PC shall be extended if
Time for the Contractor is delayed or impeded in the performance of any of
Completion its obligations under the Contract by reason of any of the following:
(a) any Change in the Works and Services as provided in GC
Clause 63,
(b) any occurrence of Force Majeure as provided in GC Clause 38
and unforeseen conditions as provided in GC Clause 36,
(c) any suspension order given by the Employer under GC Clause
58,
(d) any changes in laws and regulations as provided in GC Clause
37, or
(e) any default or breach of the Contract by the Employer, or any
activity, act or omission of any other contractors employed by
the Employer, or
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the
circumstances and as shall fairly reflect the delay or impediment
sustained by the Contractor.
64.2 Except where otherwise specifically provided in the Contract, the
Contractor shall submit to the Employer a notice of a claim for an
extension of the Time for Completion, together with particulars of
the event or circumstance justifying such extension as soon as
reasonably practicable after the commencement of such event or
circumstance. As soon as reasonably practicable after receipt of
such notice and supporting particulars of the claim, the Employer
and the Contractor shall agree upon the period of such extension. In
the event that the Contractor does not accept the Employers
estimate of a fair and reasonable time extension, the Contractor shall
be entitled to refer the matter to a DRE, pursuant to GC Sub-Clause
6.1.
64.3 The Contractor shall at all times use its reasonable efforts to
minimize any delay in the performance of its obligations under the
Contract.
65. Release from 65.1 If the Contract is frustrated by the outbreak of war or by any other
Performance event entirely outside the control of either the Employer or the
Contractor, the Employer shall certify that the Contract has been
frustrated. The Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and shall be paid
for all work carried out before receiving it and for any work carried
out afterwards to which a commitment was made.
66. Inspections 66.1 The Contractor shall permit the Employer and/or persons appointed
and Audits by the Employer to inspect the Site and/or the accounts and records
of the Contractor and its sub-contractors relating to the performance
of the Contract, and to have such accounts and records audited by
auditors appointed by the Employer if required by the Employer.
The Contractors attention is drawn to Sub-Clause 67.1 [Corrupt or
Fraudulent Practices] which provides, inter alia, that acts intended to
materially impede the exercise of the Employers inspection and
audit rights provided for under Clause 66 constitute a prohibited
practice subject to contract termination (as well as to a
determination of ineligibility under the Procurement Guidelines).
67. Corrupt or 67.1 If the Employer determines that the Contractor has engaged in
Fraudulent corrupt, fraudulent, collusive, coercive or obstructive practices, in
Practices competing for or in executing the Contract, then the Employer may,
after giving 14 days notice to the Contractor, terminate the
Contractor's employment under the Contract and expel him from the
Site, and the provisions of Clause 59 shall apply.
67.2 Should any employee of the Contractor be determined to have

engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practice during the execution of the Works, then that employee shall

be removed in accordance with Clause 19.3.
67.3 For the purposes of this Sub-Clause:
(i) corrupt practice is the offering, giving, receiving or

soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party
(ii) fraudulent practice is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;
(iii) collusive practice is an arrangement between two or more

parties designed to achieve an improper purpose, including to
influence improperly the actions of another party;
(iv) coercive practice is impairing or harming, or threatening to

impair or harm, directly or indirectly, any party or the property
of the party to influence improperly the actions of a party;
(v) obstructive practice is
(aa) deliberately destroying, falsifying, altering or concealing

of evidence material to the investigation or making false
statements to investigators in order to materially impede
a Employer investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to
prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the
investigation; or
(bb) acts intended to materially impede the exercise of the Banks

inspection and audit rights provided for under Clause 66
[Inspections and Audits].

SECTION VII
PARTICULAR CONDITIONS (PC)

Section VII. Particular Conditions (PC)
The following Particular Conditions shall supplement the GC. They are to be completed by the
Employer and presented as part of the Bidding Documents. Whenever there is a conflict, the
provisions herein shall prevail over those in the GC.
Reference to
GC clauses
1. The site is the area : encompasses ROW of the Road and Road Assets of
Packages.
The intended Completion Date is: 5 years from the start date.
DRE Replace the word selected by appointed.
In Periodic Maintenance work replace word were by are.
In Intended Completion Date replace the word Engineer by Engineer

in Charge.
In Road Management Office replace the word notifications by notices/

communications/ correspondences.
The name of the Employer

Executive Engineer, Road Division................................................
............................................
3. 1.The following documents are also part of the Contract: Appendices
2. Addendum issued (if any) during bidding process shall be between

contractors letter of bid and Particular Condition. Schedule of prices include
BOQ in case of Minor Improvement.
3. Any other document forming part of the agreement will be placed below
serial number 9.
4. Contractors bid is to be replaced by Letter of bid. Letter of bid means the
document entitled Letter of Bid which was completed by the Contractor and
includes the signed offer to the Employer for the works.
4. The language of the Contract is English/Hindi and the law governing the
Contract is the law of the Union of India
5. The address of the Employer is:
The address of the Contractor is:

Address:..............................
Section VI: General Condition Page: 274
Telephone and fax numbers:.......................
Mobile No ..............................
E-Mail address:............................
6.1.2& 6 . The Appointing Authority is: The Chairman, Institution of Engineers/IRC/
Indian Institute of Arbitration.
In case of dispute or difference arising between Employer and Contactor
relating to any matter setting out of or connected with this agreement such
dispute or difference shall be settled in accordance with the Dispute Review
Expert (DRE) Rules and procedures.
DRE shall be selected by Employer and Contractor by mutual consent within
90 days of date of letter of Acceptance.
.
Dispute proceedings shall be held at Patna, Bihar, India, and the language of
the proceedings and that of all documents and communications between the
parties shall be English /Hindi.
The decision of the DRE shall be final and binding upon both parties. The cost
and expenses of dispute proceedings (including remuneration of DRE, hotel
expenses TA /DA etc. ) Shall be equally shared by each party itself.
Replace the word DRE recommendation by DRE Decision.
6.1.6 Replace 14 days by 28 days.

6.2.2 Replace Sub- Clause 6.2.1 by 6.1.
6.2.3 Arbitration proceeding shall be in accordance with BIHAR PUBLIC
WORKS CONTRACTS DISPUTES ARBITRATION TRIBUNAL ACT 2008
( Bihar Act 21, 2008 )
8.2.1 Replace the word with good engineering practice by of direction of
Engineer in Charge.
In last line after the word Employer or not is deleted.

8.4.1 The Contractor is obliged to prepare and to furnish to the Employer for
Approval the following documents: as detailed in Clause A14 of the
The technical specifications of Ordinary Maintenance works shall be as
per the guidelines of MORTH.
Section VII Particular Conditions Page: 275

8.4.5 Replace word determination by decision.
10.1 The Start Date shall be 30 days from the date of agreement.
10.2 The Time Schedule for the achievement of specific Service Levels is: Section
V Parts C & D of the Technical Specifications
11.3 The phrase The contractor shall acquire all other permits ... will be read as
The contractor shall also acquire all other permits ... .
11.4 The Contractor shall comply with all laws in force in the country of the
Employer and where the Works and Services are carried out will be read as
The Contractor shall comply with all laws in force in.
12.1 The line The Contractor may not assign the entire Contract without the
approval of the Employer in writing is deleted.
The Contractor is allowed to subcontract ( only to those contractor who are

domicile of Bihar) the following activities:
50% of whole work except Patrol maintenance Unit and OM works.
12.2 The Contractor may subcontract under his own responsibility and without
prior approval of the Employer the following Works and Services provided
they do not represent more than twenty Five (25) percentage of the contract
value:
Vegetation and scrub control

Drain cleaning and construction
Grading of unpaved surfaces
Under no circumstances is the Contractor allowed to subcontract the PMU

activities and OM activities
14.2
The Employer shall give full possession of and access to the Site within 15
days from date of agreement.
14.6 The word All costs and expenses will be read as All cost.
16.2.2 The word instructions will be read as advise in the first paragraph.
18.2.1 The line The Contractor shall not remove the same from the Site without
informing the Employer will be read as The Contractor shall not
remove the same from the Site without approval of the Employer.
The Contractor shall commission the equipment ( as described in para2.6 of

Section III) at site within 60 days of execution of agreement otherwise a non
refundable daily penalty of Rs. 10000.00 ( Rs. Ten thousand only ) shall apply
until the equipment is commissioned.
18.8.1 Replace first 2 line of 18.8.1 by The Employer shall convene the
management meeting and Contractor shall attend a management meeting.
19.2 (h) The provisions concerning HIV-AIDS prevention apply
and (i)
20 Replace Employer by Engineer in charge ".
20.7 Replace DRE for determination by DRE for decision.
21. The Contractor shall carry out the following Initial Rectification and Periodic
Maintenance Works, which are detailed in the Specifications: To assist the
Contractor a list of Quantities of Initial Rectification Works has been
included in Part V Clause D2 and a list of PM works has been included in
Part V Clause E2 of the Technical Specifications as a guide. The
contractor will need to assess the current road conditions and determine
what works are needed to meet the Service level Criteria.
22. The Contractor shall carry out the following Minor Improvement Works,
which are detailed in the Specifications and Schedule of Prices: As detailed
in Work Schedule 4 and Section F of the Technical Specification
25.2 The Contractor shall establish a Self Control Unit
29.4 The word borne will be read as recovered in last line.
35.1 The Contractor shall take out before the start date and maintain in effect the
following insurances in the sums shown below:
All risk Policy with a In accordance with the Insurance Company

value equivalent to requirements applicable to India
accepted contract price.
37.1 Replace the word costs and expenses by cost.
39.1 The Time for Completion are the following:
- For whole of Works 5 years from the Start Date
Milestone 1 (end of 6/9 months) The Contractor shall bring all

defects to below the Intervention Standards within time specified in
work schedule from the Start Date by completing all Initial
Rectification Works.
Milestone 2 (end of Year 1) The Contractor shall carry out all 1st year
Periodic Maintenance Work, and all 1st year Minor Improvement Work
as necessary to bring the road roughness to the required performance
Criteria.
Milestone 3 (end of Year 2) The Contractor shall carry out the
Periodic Maintenance Work as specified in Schedule 3 for year 2 and
all 2nd year Minor Improvement Works as necessary to comply with
the contract roughness performance criteria.
Periodic Maintenance Work as specified in Schedule 3 for year 3 to
comply with the contract roughness performance criteria.
remaining Periodic Maintenance Work as specified in Schedule 3 to
comply with contract close out performance criteria.
39.3 For Initial Rectification Works (Milestone 1) the liquidated damages shall be
1/400th (a four hundredth) of the Quoted Price of corresponding Scheduled
Activity per calendar day of delay, of the payment normally due for the
specific Works for which completion is delayed.
For Periodic Maintenance (Milestone 2 to 5) and Minor Improvement Works
(Milestone 2 and 3) the liquidated damages shall be 1/1000th (a thousandth) of
the Quoted Price of corresponding Scheduled Activity per calendar day of
delay, of the payment normally due for the specific Works for which
completion is delayed.
For non-compliance with the performance Standards on road roughness at the
40.3
Milestone measurement in accordance to Clause 40.3, the Contractor can
either (a) correct the non compliance at his own cost for retesting within the
timeframe agreed with the Engineer or (b) pay Liquidated Damages for non
complying sections at Rs 100 per 100m lane section of non-compliance. In
the event that the Contractor agrees to correct the non compliance but fails to
do so in the agreed timeframe, Liquidated Damages shall be imposed.
The maximum amount of Liquidated Damages shall be not more than 10% of
40.4
the value of Initial Rectification, Periodic Maintenance or Minor Improvement
work, respectively.
41.2 Remove GC Clause 41.2 and insert the following:

The Defect Liability Period for Works (or any part thereof) shall be twelve
(12) months from the date of Certificate of Completion of the Works
41.6 The Defect also includes the work identified to be executed to bring the road
service below intervention criteria.
42.1 The aggregate liability of the Contractor to the Employer, excluding payment
reductions defined in GC 47.1, shall not exceed the amount of twenty (20)
percent of contract amount
44.1 The payment of the Contract Price will be made in the following currencies:
Indian Rupees
45.1 Mobilization Advance up to a maximum 10% of accepted contract

amount is payable within 30 days of receipt by the Employer of the following
documents
(a) Performance Security
(b) Bank Guarantee for an amount equal to the
advance payment as provided in the GCC
Clause 45.1
(c) Interim Payment Certificate
45.2 Add in last line after Employer within 28 days of release of advance
payment
45.3 Recovery of Advance Payment will commence from the fourth (4th) month
IPC payment, if contractor has received advance payment within the fourth
(4th) month IPC payment. However if the advance payment is made later,
recovery shall commence from the IPC payment for the month following the
month in which advance payment was received.
Recovery shall be made at the rate of 15% of the amount of each interim
payment (but excluding Ordinary Maintenance Payment) due for the month
subject to the entire advance payment being recovered fully by the Twenty
Fourth (24th) month from the start date.
46.5 Replace the second sentence with the following
The Lump-Sum price for the Emergency Works will be submitted by the
Contractor to the Employer in each emergency pursuant to GC Clauses 29 and
61 and will be prepared based on the Specifications and on the unit prices
included in the work Schedule 4 for similar items and for other items not
covered under Schedule 4, shall be arrived as per Clause 61 and 63 of General
Conditions of Contract and will remunerate all Emergency Activities.
47.2 Initial Rectification and Periodic Maintenance Works will be measured on the
following basis: on the basis of work outputs as detailed in item nos. 3.1.1,
3.1.2, 3.2.1 of Schedule 3.
47.3 Minor Improvement Works will be measured on the following basis: on the
basis of work inputs.
47.4 The Emergency Works shall be approved by the Employer with the
permission of SE/CE/ Engineer in Chief.
48. Price adjustment applies with indices as on 28 days prior to bid submission
Price Adjustments shall be made on the following basis.
(a) Price Adjustment shall apply for Ordinary Maintenance, Initial
Rectification, Minor Improvement, Periodic Maintenance, Emergency/Day
Works, from the Start Date up to the Completion Date as certified by the
Employer. Price adjustment shall not be applicable for work completed
outside of stipulated timeframes (i.e. after the Intended Completion Date
for PM/MI, inclusive of any approved extensions);
(b) Price adjustment shall not be applied to work valued on the basis of
Current Cost / current prices/ Current SOR.
(c) Monthly Contract payments due to the Contractor, as valued in accordance
with the appropriate Schedule and certified in Payment Certificates shall
be adjusted for increase or decrease in cost of Labour, Materials, Fuels
and, Local Materials in accordance with the formulae given below:

Ordinary Maintenance (Schedule 1) & Initial Rectification (Schedule 2):
An = a + b x WPIn + c x Bin +d x Cen

WPIo Bio Ceo
Periodic Maintenance Work (Schedule 3)
Bn = a + b x WPIn + c x Bin +e x Ln +f x Fn
WPIo Bio Lo Fo
Minor Improvement (Schedule 4):
Cn = a + b x WPIn + c x Bin + d x Cen +e x Ln +f x Fn

WPIo Bio Ceo Lo Fo
Daywork (Schedule 5)
Dn = a + b x WPIn
WPIo
where:
An, Bn ,Cn and Dn are the adjustment multipliers to be applied to the

value of the work carried out in month number n (with n being 1 to 60),
for Ordinary Maintenance& Initial Rectification, Periodic Maintenance, Minor
Improvements and Emergency Works (Provisional Quantities/ Day work)
respectively;
a is a fixed coefficient, representing the non adjustable portion in contractual

payments;
b, c, d, e and f are coefficients representing the estimated

proportion of each cost element related to the execution of the Works (i.e.
WPI, bitumen, cement, labour, and fuel).
The value of coefficients is as stated in the table below.
Work Type Coefficie Percentage Cost Index

nt Value Applicable to
Ordinary Maintenance a 15% Non adjustable
(OM) & Initial portion of
rectification (IR) payments

b 45% Wholesale Price
Index (WPI)
c 35% Bitumen
d 5% Cement
Periodic a 15% Non adjustable
Maintenance(PM) portion of
payments
b 15% WPI
c 40% Bitumen
e 15% Labour
f 15% Fuel
Minor Improvements(MI) a 15% Non adjustable
portion of
payments
b 15% WPI
c 35% Bitumen
d 5% Cement
e 15% Labour
f 15% Fuel
Emergency/Day Works a 15% Non adjustable
portion of
Payments
b 85% WPI
Ln, Bin, Cen, Fn and WPIn are the prevailing indices or reference
prices for Labour, Bitumen, Cement, Fuel and Wholesale Price Index
respectively for the period n on the day 28 days prior to the last day of the
period, being invoiced; and
LO , BiO, Ceo ,FO and WPIO are the base cost indices or reference
prices for Labour, Bitumen, Cement, Fuel and Wholesale Price Index
respectively and shall be the indices prevailing 28 days before Bid opening.
The intended sources of indices detailed above shall be as outlined below. If
the source for any of the indices is in doubt, it shall be determined by the
Engineer in charge .
Labour (L): Consumer Price Index for industrial workers for Jamalpur
centre as published by Labour Bureau, Ministry Of Labour,
Government Of India, New Delhi.
Bitumen (Bi): Official retail price of bitumen at the IOCL Barauni .
Fuel (F): Official retail price of High Speed Diesel (HSD) at the existing
consumer pumps of BPCL / IOCL /HPCL at Divisional Head

Quarter town of the concerned road Division.
WPI: All India Wholesale Price Index (All Commodities) as
published by the Office of the Economic Adviser to the
Government of India, Ministry of Commerce and Industry.
Cement(Ce):- The Whole Sale Price Index for Grey Cement as published by
the Office of the Economic Adviser to the Government of
India, Ministry of Commerce and Industry.
The total amount payable to the Contractor each month shall be:
Amount Payable = An x (ROM +RIR)
+ Bn x RPM
+ Cn x RMI
+ Dn X RD
Where ROM = OM value payable for the month
RIR = IR value payable for the month
RPM = PM value payable for the month
RMI = MI value payable for the month
RD = Day works value payable for the month
The value of R above shall be exclusive of seigniorage, VAT and other
statutory taxes.
Payments not subject to Price Escalation

Payments made to the Contractor in respect of the following items will not be
adjusted in accordance with Price Escalation:
(a) variations ordered by the Engineer in charge except where the variations
so ordered are valued at rates lodged in Schedule 1, 2, 3 and 4 with the
tender;
(b) payments made in regard to the return of retention money or security
deposit
(c) net procurement cost for the purchase of the Patrol Maintenance Unit.
51.1 The retention for Initial Rectification, Periodic Maintenance and Minor
Improvement Works is fixed at five (5) percentage:
51.2 GC Clauses 51.2 and 51.3 are substituted by the following.
51.2 (a) Upon issuing certificate of completion for Initial Rectification (IR),
half of the amount retained under IR shall be repaid to the contractor and other
half after twelve (12) months have passed and the Employer has certified that
all defects notified to the Contractor have been corrected before the end of this
period. On completion of IR works, the contractor may substitute balance half

of the retention money with an on demand Bank Guarantee
51.2 (b) Upon issuing certificate of completion of Minor Improvements(MI),

half of the amount retained under MI shall be repaid to the contractor and
other half after twelve (12) months have passed and the Employer has
certified that all defects notified by the Engineer in charge to the Contractor
have been corrected before the end of this period. On completion of MI
works, the contractor may substitute balance half of the retention money with
an on demand Bank Guarantee
51.2 (c) On completion of Periodic Maintenance (PM) works scheduled in a

year, half of the amount retained under PM works in that year shall be repaid
to the contractor and other half after twelve (12) months have passed and the
Employer has certified that all defects notified to the Contractor have been
corrected before the end of this period. On completion of PM works, the
contractor may substitute balance half of the retention money with an on
demand Bank Guarantee
51.3 GC Clause 51.3 may be deleted.
51.4 GC Clause 51.4 may be re-numbered as 51.3, and following may be added at
the end of the re-numbered Clause 51.3:
For any particular Month, the total Payment reduction for non-compliance of
Ordinary Maintenance shall not exceed the amount of the Monthly LS
Payment for OM.
If the Contractor incurs a deduction to the Monthly Lump sum payment for
OM as applicable under Clause C7 of the Technical Specification of:
(i) 25% or more of the possible monthly Lump Sum payment for
(a) any three consecutive months, or
(b) for any six months during the period of the Contract, or
(ii) 50% or more of the possible monthly Lump Sum payment for any one
month
The Employer considers the above a fundamental breach of Contract and may
terminate the Contract in accordance with Clause 59 of the General
Conditions and Clause 59.2.2 (c) of the Particular Conditions, all the due
amounts to the contractor will be retained.
53.2.1 The amount of the Advance payment security shall be the value of the
advance payment amount.
53.3.1 The amount of the Performance Security is two (2) percent of Contract
amount. Additional security may be required by the Employer in the event of
an unbalanced bid. The cost of obtaining and maintaining the Security shall be
included in the Lump Sum for OM (Schedule 1).
53.3.2 The form of guarantee is unconditional Bank Guarantee of the type

A Bank guarantee in the Form Given in Section VIII.
53.3.3 The word issue will be read as submit.

57.1 The following Drawings and/or Manuals are required at the following dates:
As built drawings for Culverts and Improvement Works 60 days after

completion
Bar Charts for Resurfacing Works 30 days after completion
57.2 If the required documents are not supplied in accordance with PC 57.1, the
amount to be withheld is Rs 5,000 per event. Payment reduction for non
conformance for successive months will be made as per conditions and clause
C7 of Technical specification
59.2.2(C) The condition of persistent failure to execute the contract is given if and when
the Contractor breaches Clause 40.4 or Clause 51.4 of the Particular
Conditions or Clause C7 of the Technical Specifications, whichever occurs
earlier.
61.2 Substitute Schedule of prices with Schedule of Prices/ Current S.O.R.
63.1.1 The Employer has the right to propose a change in the contract: Yes
63.1.2 Contractors right to propose a change in the contract: Yes
63.2.6 The line Under such circumstances, the Contractor shall be entitled to
reimbursement of all costs reasonably incurred by it in the preparation of the
Change Proposal, provided that these do not exceed the amount given by the
Contractor in its Estimate for Change Proposal submitted in accordance with
GC Sub-Clause 63.2.2. is deleted.
64.2 The line Except where otherwise specifically provided in the Contract, the
Contractor shall submit to the Employer a notice of a claim for an extension of
the Time for Completion, together with particulars of the event or
circumstance justifying such extension as soon as reasonably practicable after
the commencement of such event or circumstance will be read as Except
where otherwise specifically provided in the Contract, the Contractor shall
submit to the Employer a notice of a claim for an extension of the Time for
Completion, together with particulars of the event or circumstance justifying
such extension but not later than 28 days of the occurrence of the event or
circumstances.

SECTION VIII
Annex to Particular Conditions Contract Forms
INDEX ..
Annex A: Letter of Acceptance
Annex B: Agreement Form
Annex C: Performance Bank Guarantee
Annex D: Bank Guarantee for Advance Payment
Annex E: Retention Security
Section VIII: Contract Forms Page: 285

ANNEX- A
Letter of Acceptance
(letterhead paper of the Employer)
________________________[date]
To:_________________________________________________________________________[name
and address of the Contractor]
Dear Sir(s),
This is to notify you that your Bid dated ____________ for execution of the_____________
______________________________________________________________________________ [name
of the contract and identification number, as given in the Instructions to Bidders] for the Contract Price
of Rupees _______________________________________________________ (_____________)
[amount in words and figures], as corrected and modified in accordance with the Instructions to Bidders1
is hereby accepted by our Agency.
We accept/do not accept that __________________________ be appointed as the Dispute

Review Expert2.
We note that as per bid, you do not intend to subcontract any component of work.
[OR]
We note that as per bid, you propose to employ M/s. .......................................... as sub-contractor
for executing .........................................
[Delete whichever is not applicable]
You are hereby requested to furnish Performance Security including an additional

security for unbalanced bid in terms of ITB clause27.4, for an amount of Rs. within 21 days
in accordance with the Conditions of Contract using for that purpose form in Section VIII annex D and
sign the contract, failing which action as stated in Para 34.2 of ITB will be taken.
Yours faithfully,
Authorized Signature
Name and Title of Signatory
Name of Agency
1 Delete "corrected and" or "and modified" if only one of these actions applies. Delete "as corrected
and modified in accordance with the Instructions to Bidders" if corrections or modifications have
not been effected.
2
To be used only if the Contractor disagrees in his Bid with the Dispute Review Expert proposed by
the Employer in the "Instructions to Bidders."

ANNEX- B
AGREEMENT FORM
This Agreement made the ...day of., .
Between The ............................................................................................. ...................... .............. .....
(The Employer) of the one part, and
[Name & address of Contractor]......................................... (The
Contractor) of the other part.
Whereas the Employer is desirous that the Contractor execute Output and performance based Road
contract for the maintenance of Roads ..................................................... ............................... .
(hereinafter called The Works) and the Employer has accepted the Bid by the Contractor for the
execution of such Works and the remedying of any defects therein, at a contract price of
Rs
ROAD Chainage (Km) Length
ROAD DIVISION
SECTION
From To [km]
NOW THIS AGREEMENT WITNESSETH and the Parties hereto agree as follows:
1. In this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the General condition hereafter referred to, and they shall be deemed to form
and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the
Works and remedy any defects therein in conformity in all aspects with the provisions of the
contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein the contract price or such other
sum as may become payable under the provisions of the contract at the times and in the manner
prescribed by the contract.
4. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz:
i) Letter of Acceptance
ii) Contractors Bid
iii) Section VI General Conditions,
iv) Section VII Particular Conditions
v) Section V Technical Specifications (General and Supplementary Technical
Specifications)
vi) Appendix A Drawings
vii) Section IV Works Schedule

viii) Quality Plan for Output and Performance Based Road Contract as per Clause A14.1 of
the Technical Specifications
ix) Appendices to the Contract
x) Addenda issued during bid period
xi) Any other relevant documents listed in the Particular Conditions together with any
post bid correspondence.
In witness whereof the parties thereto have caused this Agreement to be executed the day and year first
before written.
The Common Seal of
0.
was here unto affixed in the presence of :
Signed, sealed and delivered by the said

in the presence of:
Binding Signature of Employer
Binding Signature of Contractor
Total number of pages in this Agreement :

Total No. of Items in this Agreement :
Total No. of corrections in this Agreement :
Total No. of additions in this Agreement :
Total No. of omissions in this Agreement :

PERFORMANCE BANK GUARANTEE

ANNEX- C
To: ______________________________________________ [name of Employer]

_________________________________________ [address of Employer]
WHEREAS _________________________ [name and address of Contractor] (hereinafter

called "the Contractor") has undertaken, in pursuance of Contract No. _____ dated ________________
to execute __________________________ [name of Contract and brief description of Works]
(hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of ____________________ [amount of guarantee]
1
___________________________ [in words], such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of ____________________
[amount of guarantee] 1 as aforesaid without your needing to prove or to show grounds or reasons for
your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed thereunder or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until 28 days from the date of expiry of the Defects Liability Period.
Signature and seal of the guarantor __________________________

Name of Bank ____________________________________________
Address ____________________________________________
Date ____________________________________________
1 An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price
specified in the Contract and denominated in Indian Rupees.

BANK GUARANTEE FOR ADVANCE PAYMENT

ANNEX D
To: __________________________________________ [name of Employer]

__________________________________________ [address of Employer]
___________________________________________[name of Contract]
Gentlemen:
In accordance with the provisions of the General conditions, Sub-clause 51.1 ("Advance
Payment") of the above-mentioned Contract, ________________________________ [name and address
of Contractor] (hereinafter called "the Contractor") shall deposit with ________________________
[name of Employer] a bank guarantee to guarantee his proper and faithful performance under the said
Clause of the Contract in an amount of _____________ [amount of guarantee]
1
_________________________________ [in words].
We, the ____________________ [bank or financial institution], as instructed by the Contractor,

agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the
payment to ____________________ [name of Employer] on his first demand without whatsoever right
of objection on our part and without his first claim to the Contractor, in the amount not exceeding
____________________ [amount of guarantee]1 __________________________________ [in words].
We further agree that no change or addition to or other modification of the terms of the Contract
or of Works to be performed there under or of any of the Contract documents which may be made
between _____________________ [name of Employer] and the Contractor, shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall remain valid and in full effect from the date of the advance payment under
the Contract until _________________________ [name of Employer] receives full repayment of the
same amount from the Contractor.
Yours truly,
Signature and seal: ___________________

Name of Bank/Financial Institution: ______
Address: ____________________________
Date: ____________________
a) An amount shall be inserted by the bank representing the amount of the Advance Payment, and
denominated in Indian Rupees.

Annex E
Retention Money Security
Demand Guarantee
________________________________ [Banks Name, and Address of Issuing Branch or Office]
Beneficiary: ___________________ [Name and Address of Employer]
Date: ________________
RETENTION MONEY GUARANTEE No.: _________________
We have been informed that ________________ [name of Contractor] (hereinafter called "the
Contractor") has entered into Contract No. _____________ [reference number of the contract] dated
____________ with you, for the execution of _____________________ [name of contract and brief
description of Works and Services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, when the Taking-Over
Certificate has been issued for the Works and the first half of the Retention Money has been certified for
payment, payment of [insert the second half of the Retention Money or if the amount guaranteed under
the Performance Guarantee when the Taking-Over Certificate is issued is less than half of the Retention
Money, the difference between half of the Retention Money and the amount guaranteed under the
Performance Security] is to be made against a Retention Money guarantee.
At the request of the Contractor, we _______________ [name of Bank] hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of ___________ [amount in figures] (
) [amount in words] 1 upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Contractor is in breach of its obligation under the Contract because the
Contractor used the advance payment for purposes other than the costs of mobilization in respect of the
Works.
It is a condition for any claim and payment under this guarantee to be made that the payment of the
second half of the Retention Money referred to above must have been received by the Contractor on its
account number ___________ at _________________ [name and address of Bank].
This guarantee shall expire, at the latest, 21 days after the date when the Employer issue the
Performance Certificate. Consequently, any demand for payment under this guarantee must be received
by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money or if the
amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less than half of the
Retention Money, the difference between half of the Retention Money and the amount guaranteed under the Performance
Security and denominated either in the currency(ies) of the second half of the Retention Money as specified in the Contract,
or in a freely convertible currency acceptable to the Employer.

____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted
from the final product.

APPENDICES
Appendix A Drawings
Appendix B Asset Inventory Information
Appendix C Forms of Contract
Appendix D Rules & Procedure of DRE
Appendix E Terms of Reference for Videographic Survey
Appendix F1 Contractors Checklist on Environmental & Social Issues
Appendix F2 Environmental Management Action Plan
Appendix F3 Environmental Sensitive Areas for Particular Attention
Appendices Page: 293

APPENDIX A
INDEX MAP

NAME OF THE PROJECT: Output and Performance Based Road Contract (OPRMC)
APPENDIX B ASSET INVENTORY INFORMATION
CULVERT INVENTORY DETAILS FOR OPRMCStructure identityLocation of
structure Type of structureDimensionsComments
APPENDIX C - FORMS OF CONTRACT
The Contractor is required under the terms of this Contract to establish a Quality Plan, part of
which advises the Employer of inspections, programming and compliance reporting. The
following forms are samples of details required in the operations of a Performance Based

Maintenance Contract. These sample forms are available to the Contractor and shall be used
as part of his reporting requirement unless an alternative form is approved by the Employer.
Over the term of the Contract, the Contractor shall improve and further enhance these forms
and shall incorporate any changes to these forms as directed by the Employer.
Form No. OM01 Ordinary Maintenance Inspection Report
To undertake monthly inspections of the roads under this contract and report all defects
outside Intervention Criteria to the Employer.
Form No. OM02 Hazard Inspections Report
The Contractor is required to complete weekly Hazard Inspections to ensure the carriageway
remains safe at all times and does not present a hazard to the travelling public.
Form No. OM03 - Bridge and Major Culvert Inspection Report
To undertake a detailed inspection of all bridges and culverts within the first 3 months of
signing the contract, then at regular 6 monthly intervals and after flooding and heavy rains.
The Contractor shall undertake the inspection and report to the Employer.
Form No. OM04 Night Inspections Report
The Contractor is required to complete a Night Inspections every 6 months to ensure the
carriageway remains safe at all times and does not present a hazard to the travelling public.
Form No. OM05 Emergency Inspections Report
The Contractor is required to conduct an Inspection on notification of Emergency Works,
determine the treatment and estimate quantities for approval by the Employer
Form No. OM06 Monthly Works Program
The Contractor is required to complete a Monthly Works Program of maintenance activities
to be undertaken during the following month and submit to the Employer. This schedule is
be delivered by the 3rd working day of each month and shall include all activities outside
Intervention Criteria and approved Emergency Works Items.
Form No OM07 Monthly Progress Report
The Contractor is required to advise the Employer details of the quantity of work completed
and an estimate of the costs to achieve compliance. This information is used in assessing the
viability of future works, work method efficiencies and base information for the state-wide
Road Maintenance Management System (RMMS).
By the 30th of each month the Contractor shall provide to the Employer full details of all
repairs undertaken in each kilometre indicating the amount of work completed for each Item
and the total cost of works for each kilometre, as required under Clause A13.1 of the
Technical Specification.
Form No OM08A Maintenance Program Compliance Sheet
Compliance against the Program shall be assessed for each month and shall be submitted on
the due date of the Program. The form shall highlight the extent of works as scheduled in the
Program for the month and the extent of the actual works completed.
Form No OM08B Management Programme Compliance Sheet

Details of all compliances against the management requirements of the contract shall be
detailed in OM08B and submitted along with Maintenance Program Compliance sheet.
Form No OM09 Non-Conformance Report
Details of all non-conformances in respect to the Quality Plan and the Contract requirements
shall be detailed in the Form OM09. A copy of the completed form shall be submitted to the
Employer within 7 days of registering the non-conformances. This form should be used in a
constructively so as to continually improve the Contractors management systems and
processes.
Form No OM10 Condition Survey Field data Collection Sheet
The Contractor shall record road and asset condition survey information using Form OM10.
This shall include the initial condition survey per Clause A13.2.1 of the Technical
Specification.
Form No. OM11 Work Order Form

The Employer shall issue Work Orders using this Form for the authorizing the execution of
Minor Improvement and Emergency Works.
Form No. OM12 Monthly Progress Report for Initial Rectification works.
The Contractor is required to advise the Employer details of the quantity of work completed
and an estimate of the costs to achieve compliance. This information is used in assessing the
future works,
By the 30th of each month the Contractor shall provide to the Employer full details of all
repairs undertaken in each kilometre indicating the amount of work completed for each Item
and the total cost of works for each kilometre.
Form No. OM13 Initial Rectification Service Level Compliance Sheet.
Compliance against the Program shall be assessed for each month and shall be submitted on
the due date of the Program. The form shall highlight the extent of actual works completed.

Government Of Bihar ORDINARY MAINTENANCE INSPECTION REPORT Form OM01

Road Construction Department Follow instructions for observing defects and reporting required
Road From: . To: Sheet: . Of .
Name of Road : .. Kilometre measured from: .. Date: .... /..... / ...
Inspector : ... Position: ... Signature: ..
Wor
Standard work item Units of work required in each kilometre and priority Total units
k Comments
No. Name Units 1 2 3 4 5 6 7 8 9 10 now 2w 1m 3m
OM100 Sealed Pavement
OM101 Pothole Patching m2
OM102 Surface Depression
m2
and Rut Patching
OM103 Crack Sealing Lm
OM104 Surface Treatment
(a)Loss of Aggregate
m2
(Surface Ravelling )
(b) Bleeding /
m2
Flushing
(c) Crocodile
m2
Cracking
OM105 Pavement sweeping m2
OM106 Edge Repair m2
OM107 Digouts m2
OM108 Concrete Pavement m3
OM200 Shoulder
OM201 Unsealed Shoulder
(a) Edge Drop-off Lm
(b) Roughness,
Lm
Scouring or Potholes
(c) Holding water Lm
OM202 Power Grading km
OM203 Emb and Batter
No
Repair
OM 300 Drainage

OM301 Surface Drains &

Lm
Verge
OM302 Culvert Pit Cleaning
and Stormwater Lm
Drains
OM303 Culvert and Pit Repair
OM304 Stream Maintenance m2
Incorporated into work schedule by: Signed by...on./../. File this

form
Standard work item Wor Units of work required in each kilometre and priority Total units in next
k Comments
OM400 Vegetation
Grass Control
a) Roadside General
Ha
Tidy
b) Medians and
Ha
Traffic Islands
c) Road Intersections -
Maintain Sight Ha
Distance
d) Clear near safety
signs, kilometre posts Ha
and roadside furniture
OM402 Tree and Shrub
Hr
Management
OM500 Furniture
OM501 Signs Maintenance No
OM502 Guardstones Lm
OM503 Guideposts, Distance
No
Markers, Delineator,

Painted Trees
OM504 Footways m2
OM505 Roadmarkings and
No
Cats Eyes
OM600 Structures
OM601 Bridge Maintenance
a) Cleaning and
clearing of deck,
footway, expansion Hr
joints and
down pipes
b) Repair and painting
including repair of
Hr
spalled posts and
parapets
Incorporated into work schedule by: Signed by...on./../.File this form
Standard work item Wor Units of work required in each kilometre and priority Total units in next
k Comments
OM700 Operational Servicing
OM701 Land Slip Clearing m3
OM702 Emergency Works
No
and Services
OM703 Vandalism Repair Hr
OM704 Road Obstructions/
Lm
Dead Animals
Incorporated into work schedule by: Signed by...on./../.File this form

Instructions for use of Ordinary Maintenance Inspection Report (Form OM01)

Use separate Form OM01 for each 10km of a road. Use a separate form for each road.
You may use the Form for longer lengths by making each kilometre marked on the Form represent 2km, 3km, etc. This is useful when there are long
lengths with similar defects.
Fill in header details. The inspector signs the Form when completed that meets the set interaction levels.
Record the amounts of each work item required on Form OM01 for Ordinary Maintenance or Form RM02 for Bridge Structure repair.
Note the intervention time required for each work item. Record the total amount of each work item required in the appropriate column as:
Total units in next:
now => immediate/within 1 week

2w => within 2 weeks
1m => within 4 weeks
2m => within 8 weeks
Record comments on special requirements as appropriate or if works Emergency Works is required.

Forward a copy the completed Form to the maintenance supervisor responsible for the road to gather with your revised schedule of work for approval

GOVERNMENT OF BIHAR
ROAD CONSTRUCTION DEPARTMENT FORM OM02
Weekly Hazard Inspection
Contractors Name: ...
Contract No Contract Title .
Date of Inspection// Time of Start .
Road Inspected.. Km to Km
Completion
Location OM Code Description
Date/Time
Submitted by Contractor Approved
Name: . Signature: Name: . Signature:
Date....// Designation:.. Date....// Designation:..

Government of Bihar Form

Road construction OM03
Department
BRIDGE AND MAJOR CULVERT INSPECTION REPORT
Follow instruction for observing and reporting defects (see back)
Use a separate form for each bridge of major culvert
Road from :.to:.Name of the
Road.
Bridge Name:Stream
crossed
Inspector Name:..Position
Tick items inspected: Date of Inspection:/./.
Approache Barrier
Signs Bearings
s Stones Services
Road Deck & Superstruc Retaining
drainage footway ture walls .
Roadway Joints Paint
Deck Waterway .
Guard-rails Drainage Substructu Erosion
re .
Record Ordinary maintenance required:
Standard work item Work Work Total units in next
Comments
No. Name Unit Required now 2w 1m 3m
Bridges Maintenance and Drainage
OM301 Surface Drains and
Verges
Surface drains
cleaning
Unlined drain
debris remove
Unlined drain re-
grade
Lined drain debris
remove
Lined drain repair
OM302 Culverts and Pits Cleaning and Storm water Drain
Culvert and pits
cleaning
Culvert entrance
debris
Culvert barrel
debris
Drainage pit debris
OM 303 Culvert and Pits Repair
Culvert pit repair
Culvert wing wall
repair
Culvert apron repair
Culvert barrel
repair
Drainage pit repair
Earthwork repair
OM304 Stream Maintenance
Maintenance of
stream
Cleaning debris
Standard work item Wor Work Total units in next

k Comments
No. Name Unit Required now 2w 1m 3m
OM601 Bridge Structure
Joint sealant repair
Concrete spall
repair
Bridge deck and
joint
Bridge deck
drainage
Hand rail repair
Bridge repaint
Bridge minor
structure
Details of Other Items

Is higher level inspection required? Urgent work required:

Yes No

Why?................................................
..........................................................
.........


GOVERNMENT OF BIHAR
Night Inspection
Contractors Name: ...
Contract No Contract Title .
Date of Inspection// Time of Start .
Road Inspected.. Km to Km..

Completion
Location OM Code Description
Date

GOVERNMENT OF BIHAR
Emergency Works Inspection
Contractors Name: Date //..
Contract No .. Contract Title .
Location Chainage: Km from: .. Km to: ...

DESCRIPTION OF EMERGENCY EVENT

TREATMENT (ESTIMATED WORK ITEMS & QUANTITIES)


Government of Bihar
Road Construction Form OM06
Department
ROAD NAME.......................
MONTHLY WORKS PROGRAM
Contractor : . Road.
Period from : ../../.. to ././..
Standard Locat Ga Equip Qua Total
ion ng ment ntit Works
Work Dates
size y
item Complet
Ma ed
n/
No Na S MT W T F S S M T W T F S S M T W T F S S M T W T F S
. me
day
s
Planned by: On /. /.
.
Name Signature
Approved by: On /. /.
Name Signature


Government of Bihar - Road Construction Department Form OM07

MONTHLY PROGRESS REPORT (Form OM04)
Road No. Road Name from to
.

Period for the month of
.
Standard work item Work Previ Quant Quant Rs. Rs. Rs. Comments
ous ity ity
No. Description Unit Quant (Mon (Total (Previo (Mont (Tot
ity th) ) us) h) al)
1 Pavement Maintenance
OM100 Sealed Surface
OM101 m2
Pothole patching
OM102 Regulation of wheel ruts and
m2
depressions
OM103 Lm
Crack sealing
(a)Loss of aggregate (Surface
m2
ravelling )
(b) bleeding / flushing m2
(c) crocodile cracking m2
OM105 m2
Pavement cleaning
OM106 m2
Edge repair

OM107 Digouts m2
OM108 Repair concrete pavement M3
OM200 Shoulder
OM201 Unsealed Shoulder
(a) Drop off from edge of seal to
Lm
shoulder
(b) Roughness, Scouring or
Lm
Potholes
(c) Holding water Lm
OM202 Power grading of shoulders km
OM203 Embankment and batter repair No
Standard work item Work Previ Quant Quant Rs. Rs. Rs. Comments
ous ity ity
No. Description Unit Quant (Mon (Total (Previo (Mont (Tot
ity th) ) us) h) al)
OM 300 Drainage
OM301 Surface Drains and Verges Lm
OM302 Culvert Pit Cleaning and Strom Lm
OM303 Culvert and Pit Repair
water Drains
OM304 Stream Maintenance m2
OM 700 Operational Servicing
OM701 Land Slip Clearing m3
OM702 Emergency Works and Services No
OM803 Vandalism Repair Hr
OM804 Litter control / Dead animals Lm
2. Roadside Maintenance
OM400 Vegetation

OM401 Grass Control

Om402 Tree and shrub management
OM500 Road Furniture
OM501 Signs maintenance No
OM502 Guardstones Lm
OM503 Guideposts, Distance Markers, No
OM504 Delineator, Painted Trees
Footways m2
OM505 Roadmarking and Cats Eyes No
3. Bridge Maintenance
OM600 Structures
OM 601 Bridge Maintenance Hr.
Progress prepared by: on .. /.. /..
Signatur
Checked by: e on .. /.. /..
Signatur
Approved for RCD by: e on .. /.. /..

CONTRACT No: MAINTENANCE PROGRAM COMPLIANCE SHEET (OM08 A) Page: . of .

Date:
ROAD: FROM: TO:
CONTRACTOR: INSPECTOR:
REF STANDARD JOB DISTANCE (i.e. 3 is between 3km and 4km stones) DETAILS (Non-compliance Report etc.)

1 2 3 4 5 6 7 8 9
0
OM101 Pothole Patching
OM102 Regulation
OM103 Crack Sealing
OM105 Pavement
OM106 Edge Repair
Sweeping
OM107 Digout Repair
OM108 <5m3
Concrete Pav
OM201 Shoulder Repair
OM202 Power Grading
OM203 Emb & Batter
OM301 Drains Cleaning
OM302 Culvert Cleaning
OM303 Culverts Repair
OM304 Stream
OM401 Grass Control
Maintenance
OM402 Tree Trimming
OM501 Sign Maintenance
OM502 Guardstones
OM503 Distance Markers
OM504 Footways
OM505 Rd Marking & CE
OM601 Bridge
OM701 Land Slip
Maintenance
OM702 Emergency
Clearing Works
OM703 Vandalism Repair
OM704 Road Obs & DA

CONTRACT NO. MANAGEMENT PROGRAM COMPLIENCE SHEET (OM 08 B) Page -------- of

Date
ROAD FROM TO
CONTRACTOR INSPECTOR
Sl No. Management Requirements Details ( Compliance /Non Compliance )

1 Initial condition report
2 Mile stone Complition report
3 As built drawings for culverts and improvement works
4 Bar chars for resurfacing works
5 Environmental compliance
6 Ordinary Maintenance inspection reports
7 Weekly Hazard Inspection reports
8 Bridge and major culvert inspection reports
9 Night Inspection reports
10 Monthly works programme
11 Maintenance programme compliance report
12 Any other report
EMPLOYER Name Signature

NON-CONFORMANCE REPORT Form OM9

Report No: .. 9 9OM09
CONTRACTOR: Date: .
CONTRACT No: Originator: .
ROAD: ... Location: .
Description of Non-Conformance:
Corrective Action:
Date of Anticipated Completion:

.
Checked By:
NAM SIGNATU
EEEE RRRRRR
Date of Actual Completion:EEEE RRE
.
E
........
EMPLOYER:
NAM SIGNATU
EE RE

Form 0M10
Condition Survey Field Data Collection Sheet..of .
Date:..... Road No: ...Road

Name:.
Chainage: ....to.
Standard Work Item Kms Remarks

Pothole m2
Pothole No.
Dep & Rut Patch m2
Crack Sealing m
Edge Breaks>100mm m
(a) Stripping+Ravelling m2
(b) Bleeding m2
(c) Crocodile m2
(d) Delamination m2
Culvert Cleaning No
Culvert Painting No.
Culvert+Drain Repair No.
Guard Stone Paint No.
Guard Stone Replace No.
Dist. Markers Paint No.
Dist. Markers
Repair/Replace No.
(a)Low Shoulder m
(b) High Shoulder m2
(c) Spot Shoulder m2
Dig -Out m2
Trench Filling No.
Damage Signs No.
Missing Signs No.
Bridge Parapet Repair No.

WO..
GOVERNMENT OF BIHAR
WORKS ORDER
FORM OM11
Contractors Name: ..
Contract No .. Contract Title .
Subject Description
Location Name ..
Location Chainage: Km from: .. Km to: ...

DESCRIPTION AND DETAILS

....
..........

Works Completed Endorsed by Officer
Name: .
Signed by: Date:

..
Issued by Received by Contractor

Government of Bihar - Road Construction Department Form OM 12

MONTHLY PROGRESS REPORT FOR INITIAL RECTIFICATION WORKS
Road No. Road Name
from to
.......................
Period for the month of
.
Standard work item Work Kilometers
Total Cost in
Description Unit 1 2 3 4 5 6 7 8 9 10 11 1 1 14 15 Remarks
Rs.
2 3
1. Pavement Repairs such as Pot
hole patching, Ruts and
Depressions, Stripping, Crack
sealing and Crocodile Cracking,
Delamination, Edge Repair,
Digouts etc.,
1 Tack Coat m2
2 Bituminous
m2
Macadam
3 Semi-Dense
m2
Bituminous Concrete
4 m2
Minor Dig outs
5 m2
Light Surfacing Seal
6 Slurry Seal m2
7 Lm
Edge repair

8 Any other activity

2. Shoulder
1 Repairs to shoulders cum
2 Repairs to low cum
shoulder
3
Any other activity
3. Removal of Jungle.
1 Light Jungle m2
2 Scrub Jungle m2
3 Heavy jungle m2
4
Any other activity
4. Cross Drainage Works
1 Concrete m3
2 Brick Masonry m3
3 Random Rubble m3
Masonry
4 Plastering with m2
Cement Mortar
5 Pointing with Cement
m2
Mortar
6 Clearing of Vents Nos/
m3
7 Grouted Pitching m3
8 White Washing m2

9 Synthetic Enamel
Paint m2
10
Any other activity
5. Road Safety and
Informatory items
1 KM Stones nos.
2 Guide/Guard Stones nos.
3 Sign/Caution Boards nos.
4 Information Boards nos.
(Village name
Boards, Junction
Boards)
5
Any other activity
6. Road Marking Items
1 Centre line Marking m2

2 Edge marking m2
3 Pavement Markers
(Road Studs) nos.
4
Any other activity

CONTRACT No: INITIAL RECTIFICATIONS SERVICE LEVEL COMPLIANCE Page: . of .

SHEET (OM13) Date:
RO
FROM: TO:
AD:
CONTRACTOR: INSPECTOR:
RE items DISTANCE (i.e. 3 is between 3km and 4km stones) DETAILS (Non-compliance Report etc.)
F 1 2 3 4 5 6 7 8 9 10
Bituminous Pavement
1.
Repairs
2. Unsealed Shoulder
3. Clearing of Jungle
4.. Cross Drainage Works
(a) Culverts
(b) Minor Bridges
(c) Major Bridges
Road Safety, Informatory
5.
and Road furniture
6. Road Marking Items

APPENDIX D - RULES AND PROCEDURES FOR THE FUNCTIONS OF THE

DISPUTES REVIEW EXPERT (DRE)
(Refer Clause 6 of the Conditions of Contract)
1. Except for providing the services required hereunder, the DRE shall not give any advice to
either party concerning conduct of the Works. The DRE:
(a) shall have no financial interest in any party to the Contract, or a financial interest in the
Contract, except for payment for his services;
(b) shall have had no previous employment by, or financial ties to, any party to the
Contract, except for fee-based consulting services on other projects, all of which must be
disclosed in writing to both parties prior to selection as DRE;
(c) shall have disclosed in writing to both parties prior to selection as DRE any and all
recent or close professional or personal relationships with any director, officer, or
employee of any party to the Contract, and any and all prior involvement in the project to
which the Contract relates;
(d) shall not, while serving as DRE, be employed whether as a consultant or otherwise by
either party to the Contract, except as a DRE, without the prior consent of the parties;
(e) shall not, while serving as DRE, engage in discussion or make any agreement with any
party to the Contract, regarding employment whether as a consultant or otherwise either
after the Contract is completed or after service as DRE is completed;
(f) shall be and remain impartial and independent of the parties and shall disclose in writing
to the Employer or the Contractor, any fact or circumstance that might be such as to cause
either the Employer or the Contractor to question the continued existence of the
impartiality and independence required of a DRE; and
(g) shall be fluent in the language of the Contract.
2. Except for its participation in DRE's activities as provided in the Contract and in this
Agreement, none of the Employer or the Contractor shall solicit advice or consultation from the
DRE on matters dealing with the conduct of the Works.
3. The Contractor shall:
(a) Furnish to the DRE a copy of all documents that he may request including Contract
documents, progress reports, variation orders, and other documents pertinent to the
performance of the Contract.
(b) In cooperation with the Employer, coordinate the Site visits of the DRE, including
conference facilities, and secretarial and copying services.
4. The DRE shall begin his activities following the signing of a DRE's Declaration of Acceptance,
and he shall terminate these activities as set forth below:
(a) The DRE shall terminate his regular activities when either (i) the Defects Liability
Period referred to in Sub-Clause 41 (or, if there are more than one, the Defects Liability

Period expiring last) has expired, or (ii) the Employer has expelled the Contractor from the
Site, and when, in either case, the DRE has communicated to the parties his
Recommendations on all disputes previously referred to him.
(b) Once the DRE has terminated his regular activities as provided by the previous
paragraph, the DRE shall remain available to process any dispute referred to him by either
party. In case of such a referral, the DRE shall receive payments as provided in paragraphs
7 (a) (ii), (iii), and (iv).
5. The DRE shall not assign or subcontract any of his work under these Rules and Procedures.
However, the DRE may in his/her discretion decide to seek independent expert advice on a
particular specialized issue to assist in reaching a Recommendation, and the cost of obtaining any
such expert opinion(s) shall be shared equally by the Employer and the Contractor in accordance
with the procedure specified in paragraph 7 (d) below.
6. The DRE is an independent contractor and not an employee or agent of either the Employer or
the Contractor.
7. Payments to the DRE for his services shall be governed by the following provisions:
(a) The DRE will receive payments as follows:
(i) A retainer fee per calendar month equivalent to three times the daily fee
established from time to time for arbitrators under the Administrative and Financial
Regulations of the International Centre for Settlement of Investment Disputes (the
ICSID Arbitrator's Daily Fee), or such other retainer as the Employer and
Contractor may agree in writing. This retainer shall be considered as payment in
full for:
(A) Being available, on seven days' notice, for Site visits requested by either party.
(B) Being conversant with all project developments and maintaining relevant files.
(C) All office and overhead expenses such as secretarial services, photocopying,
and office supplies (but not including telephone calls, faxes, and telexes)
incurred in connection with the duties as a DRE.
(D) All services performed hereunder except those performed during the days
referred to in paragraph (ii) below.
(ii) A daily fee equivalent to the ICSID Arbitrator's Daily Fee, or such other daily
fee as the Employer and Contractor may agree in writing. This daily fee shall only
be payable in respect of the following days and shall be considered as payment in
full for:
(A) Each day up to a maximum of two days of travel time in each direction for the
journey between the DRE's home and the Site.
(B) Each day on Site.
(iii) Expenses. In addition to the above, all reasonable and necessary travel

expenses (including less than first-class air fare, subsistence, and other direct travel
expenses) as well as the cost of telephone calls, faxes, and telexes incurred in
connection with the duties as DRE shall be reimbursed against invoices. Receipts
for all expenses in excess of RS 2000 (rupees Two thousand) shall be provided.
(iv) Reimbursement of any taxes that may be levied in the country of the Site on
payments made to the DRE (other than a national or permanent resident of the
country of the Site) pursuant to this paragraph 8.
(b) Escalation. The retainer and fees shall remain fixed for the period of the DRE's term.
(c) Phasing out of monthly retainer fee. Beginning with the next month after the Certificate
of Completion referred to in Clause 55 (or, if there are more than one, the one issued last)
has been issued, the DRE shall receive only one-third of the monthly retainer fee.
Beginning with the next month after the Board has terminated its regular activities pursuant
to paragraph 4 (a) above, the DRE shall no longer receive any monthly retainer fee.
(d) Payments to the DRE shall be shared equally by the Employer and the Contractor. The
Contractor shall pay the DRE's invoices within 30 calendar days after receipt of such
invoices and shall invoice the Employer (through the monthly statements to be submitted in
accordance with Clause 49 of the General conditions) for one-half of the amounts of such
invoices. The Employer shall pay such Contractor's invoices within the time period
specified in the Contract for other payments to the Contractor by the Employer.
(e) Failure of either the Employer or the Contractor to make payment in accordance with
this Agreement shall constitute an event of default under the Contract.
(f) Notwithstanding such event of default, and without waiver of rights therefrom, in the
event that either the Employer or the Contractor fails to make payment in accordance with
these Rules and Procedures, the other party may pay whatever amount may be required to
finance the activities of the DRE. The party making such payments, in addition to all other
rights arising from such default, shall be entitled to reimbursement of all sums paid in
excess of one-half of the amount required to finance the activities of the DRE, plus all costs
of obtaining such sums.
8. DRE Site Visits:
(a) The DRE shall visit the Site and meet with representatives of the Employer and the
Contractor at regular intervals, at times of critical construction events, at the written request
of either party, and in any case not less than three times in any period of 12 months. The
timing of Site visits shall be as agreed among the Employer, the Contractor, and the DRE,
but failing agreement shall be fixed by the DRE.
(b) Site visits shall include an informal discussion of the status of the construction of the
Works, an inspection of the Works, and the review of any Requests for Recommendation
made in accordance with paragraph 10 below. Site visits shall be attended by personnel
from the Employer and the Contractor.
(c) At the conclusion of each Site visit, the DRE shall prepare a report covering his
activities during the visit and shall send copies to the parties.

9. Procedure for Dispute Referral to the DRE:
(a) If either party objects to any action or inaction of the other party, the objecting party
may file a written Notice of Dispute to the other party stating that it is given pursuant to
Clause 6 and stating clearly and in detail the basis of the dispute.
(b) The party receiving the Notice of Dispute will consider it and respond in writing within
14 days after receipt.
(c) This response shall be final and conclusive on the subject, unless a written appeal to the
response is filed with the responding party within seven days after receiving the response.
Both parties are encouraged to pursue the matter further to attempt to amicably settle the
dispute.
(d) When it appears that the dispute cannot be resolved without the assistance of the DRE,
or if the party receiving the Notice of Dispute fails to provide a written response within 14
days after receipt of such Notice, either party may refer the dispute to the DRE by written
Request for Recommendation to the DRE. The Request shall be addressed to the DRE,
with copies to the other party and it shall state that it is made pursuant to Clause 6.
(e) The Request for Recommendation shall state clearly and in full detail the specific issues
of the dispute to be considered by the DRE.
(f) When a dispute is referred to the DRE, and the DRE is satisfied that the dispute requires
his assistance, the DRE shall decide when to conduct a hearing on the dispute. The DRE
may request that written documentation and arguments from both parties be submitted to
him before the hearing begins. The parties shall submit insofar as possible agreed
statements of the relevant facts.
(g) During the hearing, the Contractor and the Employer shall each have ample
opportunity to be heard and to offer evidence. The DRE's Recommendations for resolution
of the dispute will be given in writing to the Employer and the Contractor as soon as
possible, and in any event not less than 56 days after receipt by the DRE of the written
Request for Recommendation.
10. Conduct of Hearings:
(a) Normally hearings will be conducted at the Site, but any location that would be more
convenient and still provide all required facilities and access to necessary documentation
may be utilized by the DRE.
(b) The Employer and the Contractor shall be given the opportunity to have representatives
at all hearings.
(c) During the hearings, the DRE shall not express any opinion concerning the merit of the
respective arguments of the parties.
(d) After the hearings are concluded, the DRE shall formulate his Recommendations and
shall submit them in writing, together with an explanation of his reasoning, to both parties.
The Recommendations shall be based on the pertinent Contract provisions, applicable laws

and regulations, and the facts and circumstances involved in the dispute.
11. In all procedural matters, including the furnishing of written documents and arguments relating
to disputes, Site visits, and conduct of hearings, the DRE shall have full and final authority.
12. After having been selected, the DRE shall sign two copies of the following declaration and
make one copy available each to the Employer and to the Contractor:
Annexure A Letter of appointment of Dispute Review Expert

Annexure B DREs Declaration of Acceptance
Annexure C Recommendation of Dispute Review Expert

Annexure A
Letter of Appointment of Dispute Review Expert
in civil works contracts
Sub: _______________________________________________________________
(Name of the Contract)
To
Name and address of the Dispute Review Expert
We hereby confirm your appointment as Dispute Review Expert for the above contract to carry out
the assignment specified in this Letter of Appointment.
For administrative purposes _______________________ (Designated officer representing the

employer) has been assigned to administer the assignment and to provide the Dispute Review
Expert with all relevant information needed to carry out the assignment on behalf of both the
employer and the contractor. The services will be required during the period of contract for the
work of (Name of the Contract) ________________________________________.
The Dispute Review Expert shall visit the worksite once in 3 (three) months till the completion of
the work indicated above or as specifically requested by Employer/Contractor for the period up to
the end of defects liability period with prior intimation to the employer and the contractor. The
duration of each visit shall ordinarily be for one day only. These durations are approximate and
(Name of the employer and Name of the Contractor) may find it necessary to postpone or cancel
the assignment and/or shorten or extend the duration.
The appointment will become effective upon confirmation of this letter by you. The appointment
of Dispute Review Expert shall be liable for termination under a 30 (thirty) days written notice
from the date of issue of the notice, if both Employer and the Contractor so desire. Also the
appointment shall automatically stand terminated 14 days after the defect notice / correction period
as stated in Clauses 35 and 36 of the Conditions of Contract is over.
The Dispute Review Expert will be paid a fee of Rs. ________ (Rupees ___________ only) per
each day of visit at the worksite. The actual expenses for boarding and travelling in connection
with the assignment will be reimbursed to the Dispute Review Expert. The Dispute Review Expert
will submit a pre-receipted bill in triplicate to the employer indicating the date of the visit, fees for
the visit and a proof in support of the actual expenditure incurred by him against boarding, lodging
and travelling expenses after performing the visit on each occasion. The Contractor will make the
admissible payment (both the Employers and the Contractors share) to the Dispute Review
Expert within 30 days of the receipt of the bill. The Employers share on this account (half the
paid amount) will be paid to the Contractor as guidelines laid down in 7(d).
In accepting this assignment, the Dispute Review Expert should understand and agree that he is
responsible for any liabilities and costs arising out of risks associated with travel to and from the
place of assignment. This includes (but is not limited to) risks such as accident (death and injury),
illness, emergency repatriation, loss or damage to personal / professional effects and property. The
Dispute Review Expert is advised to effect personal insurance cover in respect of such risks if he
does not already have such cover in place. In this regard, the Dispute Review Expert shall
maintain appropriate medical, travel, accident and third-party liability insurance. The obligation
under this paragraph will survive till termination of this appointment.

Procedures for resolution of disputes by the Dispute Review Expert is described in the contract of
_______________________ (name of the contract) between the employer and the contractor vide
clauses no.6.1 of the Conditions of Contract and Contract Data. Your recommendation should be
given in the format attached.
The Dispute Review Expert will carry out the assignment in accordance with the highest standard
of professional and ethical competence and integrity, having due regard to the nature and purpose
of the assignment, and will conduct himself in a manner consistent herewith. After visiting the
worksite, the Dispute Review Expert will discuss the matter with the Employer before arriving at
any decision.
The Dispute Review Expert will agree that all knowledge and information not within the public
domain, which may be acquired while carrying out this service shall be for all time and for all
purpose, regarded as strictly confidential and held in confidence, and shall not be directly or
indirectly disclosed to any party whatsoever, except with the permission of the employer and the
contractor. The Dispute Review Experts decision should be communicated in the form of a
speaking order specifying the reasons.
The Dispute Review Expert will agree that any construction firm, with which he might be
associated with, will not be eligible to participate in bidding for any goods or works resulting from
or associated with the project of which this consulting assignment forms a part.
Read and Agreed Name of Dispute Review Expert

Signature
Place:
Date:
Name of Employer
Signature of authorized representative of Employer
Name of Contractor
Signature of authorized representative of Contractor
Attachment: Copy of contract document between the employer and contractor and format for
recommendation.

SUMMARY OF DISPUTE REVIEW EXPERTS RESPONSIBILITIES
The Dispute Review Expert has the following principal responsibilities:
1. Visit the site periodically.
2. Keep abreast of job activities and developments.
3. Encourage the resolution of disputes by the parties.
4. When a dispute is referred to it, conduct a hearing (no legal presentation), complete its
deliberations, and prepare a Decision in a professional and timely manner (as per sample
format).

Annexure B
DISPUTES REVIEW EXPERT'S DECLARATION OF ACCEPTANCE
WHEREAS
(a) a Construction Contract (the Contract) for the [name of Project] project has been signed
on [fill in date] between [name of Employer] (the Employer) and [name of Contractor]
(the Contractor);
(b) Clause 6 of the Conditions of Contract provides for the selection of a Disputes Review
Expert (DRE);
(c) the undersigned has been selected to serve as the DRE;
NOW THEREFORE, the undersigned DRE hereby declares as follows:
1. I accept the selection as a DRE and agree to serve in this capacity and to be bound by the
provisions of Clause 6 of the Conditions of Contract and the Disputes Review Expert's Rules and
Procedures.
2. With respect to paragraph 1 of said Disputes Review Expert's Rules and Procedures, I declare
(a) that I have no financial interest of the kind referred to in subparagraph (a);
(b) that I have had no previous employment nor financial ties of the kind referred to in
subparagraph (b); and
(c) that I have made to both parties any disclosures that may be required by sub-paragraphs
(b) and (c).
DISPUTES REVIEW EXPERT
______________________________________________
________________________________ [print name of DRE]
Date: _________________________________

Annexure C
[Project Name]
DECISION of Dispute Review Expert
Dispute No. XX [NAME OF DISPUTE]
Hearing Date: ___________________
DISPUTE
Description of dispute. A one or two sentence summation of the dispute.
CONTRACTORS POSITION
A short summation of the contractors position as understood by the Dispute Review Expert.
EMPLOYERS POSITION
A short summation of the Employers position as understood by the Dispute Review Expert.
EXPLANATION
(This section could also be called Considerations, Rationale, Findings, Discussion, and so on.)
The Dispute Review Experts description of how each recommendation was reached.
DECISION
The Dispute Review Experts specific recommendation for settlement of the dispute. (The
recommended course is consistent with the explanation).
Respectfully submitted,
Date: ___________________ ________________________

APPENDIX E TERMS OF REFERENCE FOR VIDEOGRAPHIC SURVEY
The contractor shall also be required to take a video record of all roads under this contract within the
first 15 days from start date. The video shall be taken during daylight hours with the Digital Video
Camera mounted in the front position with the camera aligned with the centre of the road. Video
records shall also be taken of all Bridge, Culvert and other structures. The Videographic recording
shall be done at the running vehicular speed of 5 Kph and the vehicle running in the pro direction of
Sun rays. The Employermay require that specific camera shots or angles be taken during the recording
of such important features like junctions, culvert structures, damaged signage, road furniture and other
road assets etc. The video shall be taken in the presence of the Employeror his nominated
representative. The Contractor shall supply the Employerwith set of two copies of CD/DVD of each
video recording within 21 days after the notice to commence.

Appendix F.1
Contractors Checklist on Environmental Issues
Project Name: _______________________ Contract /Road No._________________
Contractor Details: ________________________________________________
Project Description:________________________________________________
Questions Response (see note

at the end of the
checklist)
Activities
1. List the activities you will be undertaking during the works such as rock
breaking, blasting, laying bitumen, establishing camp and plants etc.
Responsibilities
2. Do you have any qualified/experienced person on environmental
management? If not, how are you going to manage the environment
aspects?
Materials
3. What base materials will you transport to the site such as stone, soil,
diesel, lubricant?
4. Where will you source these materials from (non-manufactured material
such as sand, soil, stone)?
5. Where will you store these materials?
6. How will you ensure materials brought to site will be stored and handled
with care to avoid contamination of soil and water, reduce dust, and
minimize disruption of traffic, not impairing public safety?
Emissions to water, soil and air (Pollutants)
7. How will you ensure that any construction materials and works will:
Not restrict access to properties and carriageways.
Not damage existing trees.
Be protected from rain to reduce the loss of soil and materials
washing down roads and entering drains and waterways.
Be stored to reduce leaks (such as Diesel) into the soil or waterways.
Not generate dust or cause nuisance air emissions.
8. How will you ensure proper drainage from the works so that water does
not pond and become a hazard to health?
9. How will you reduce sediment from the construction activities?
Fauna and Flora

10. How many trees will you have to remove to undertake the works?
11. What will you do with any trees that are removed?

Questions Response (see note

at the end of the
checklist)
12. How will you protect existing trees from construction activities?
Waste Management
13. How do you plan to store and dispose of:
Construction debris?
Workers refuse and effluent?
General litter?
Noise and Vibration
14. Will you be using any noisy equipment that may cause nuisance?
15. Are your works close to a school, or hospital or other place where people
may be affected by noise?
16. What will you do to reduce noise and vibration impacts?
17. What will be your working hours?
Construction Camp / Workers Camp
18. Where you are planning to set up construction and workers camp?
19. Does it meet the stipulated siting criteria?
20. How you are going to control pollution from contraction plan and
equipment?
21. What facilities you will provide at camp for workers?
Community, Awareness, Consultation, Co-ordination
22. How will you keep owners and occupants of shops and residences and
other people of the adjoining villages and road users, who are affected,
informed about the works?
23. How will you ensure all the sub-contractors, supervisor and others on the
site, are aware of these environmental aspects?
24. How will you co-ordinate with utility works (such as electricity,
telephone, cable)?
25. Can you satisfy the special regulations or environmental conditions
identified in the contract for this project?
26. Have you attended any training course on environment, health and safety
for similar construction project?
27 What steps will be taken to ensure that all the sub-contractors,
supervisors, workers and others on the site , are aware of the causes for
spread of HIV / AIDS and how to prevent its occurrence?
Safety
28. What activities could cause harm to people or property?
29. How will you reduce the risk of impact on people or their property?
30. How will you reduce potential injury to your workers and subcontractors?
Prepared by: _____________________________ Date _________________
Approved by: ______________________________ Date _________________

Agreed Comments: ___

Note:
The Contractor shall fill this Checklist road-wise based on ESMF and Contract stipulation.
This checklist shall serve as Contractors road specific environmental management plan and
serves as basis for subsequent implementation of the safeguard measures by the Contractor and
monitoring the same by the Employer.
This checklist should be filled up during initial road inventory by the Contractor i.e. before any
physical works start.

Appendix-F.2
Environmental Management Action Plan (EMAP)
Location/ Supervising &

Sl. Environmental Implementing
Mitigation Measures Monitoring
No. Issue sources Agency
Agency
Pre-Construction Phase
Ecologically Obtain prior permission for working at sections of the road pass
sensitive areas through ecologically sensitive areas from the competent authorities as
Road
(protected mentioned in Appendix 5 of EMF.
sections pass
forests, reserve Concerned
through No tree felling should be allowed
P.1 forests, wildlife RCD competent
ecologically No breaking of fresh forest land should be carried out.
sanctuary, authority
sensitive While black-toping, adequate precaution should be taken to avoid
national park,
areas any damage to flora and fauna.
tiger reserve
etc.) Plantation activities will be taken up along the road at cost of
PMU, if the concerned Divisional Forest Officer find it necessary.

Construction Phase
All vehicles used by the Contractor must have copies of
currently valid Pollution under Control Certificates
displayed as per the requirement of the Motor Vehicles
Department for the duration of the Contract.
For Construction plant following will be maintained:
1.5 km away from settlement, school, hospital on
downwind directions
1.5 km from any archaeological site
1.5 km from ecologically sensitive areas i.e. forest,
national park, sanctuary
1.5 rivers, streams and lakes
500 m from ponds
Construction 500 m from National Highway, 250 m from State
plants, Highway, 100 m from District roads and other roads
C.1 Air Pollution away from agricultural land Contractor RCD
equipment and
vehicles preference to barren land
Obtaining Consent-for-Establishment (CFE) and Obtaining
Consent-for-Operation (CFO) under Air and Water Acts
from the BiharState Pollution Control (BSPCB).
Ensure adequate stack height for HMP as stipulated in
CFE,
Install emission control devices such as bag house filters,
cyclone separators, water scrubbers etc.
Bag house filter / multi-cone cyclone for emission control.
For bag house, cartridge filters reported to be more
efficient than fabric filters
Pollution control measures for Diesel Generator (DG) set
i.e. stack height, acoustic enclosure etc.
Greenbelt along the periphery of plant site.

Dust during Maintaining adequate moisture at surface of any earthwork

earth works or layer completed or non-completed to avoid dust emission.
Contractor RCD
from spoil Stockpiling spoil at designated areas and at least 5 m away
dumps from traffic lane.
Storage of
maintenance Proper stockpiling and sprinkling of water as necessary. Contractor RCD
materials
Clearing of
waterways of
Clearance of waterway will be undertaken before onset of
cross drainage
monsoon i.e. early in the month of June.
works including Debris generated due to clearing of longitudinal side drains Contractor RCD
bridges and and waterways of cross drainage will be stored above high
C.2 Water Pollution clearing of flood level and away from waterway, and reused on
longitudinal side embankment slope or disposed at designated areas1.
drains
Construction Avoiding cleaning / washing of construction vehicle in any Contractor RCD

vehicles water body
1
Designated areas are to be identified and finalized by Contractor in consultation with Employerin accordance with relevant EMF Guidelines.

Minimum distance of 1.5 km from river, stream and lake

and 500 m from ponds
Locate facilities in areas not affected by flooding and clear
of any natural or storm water courses.
The ground should have gentle slope to allow free drainage
of the site.
The Contractor will prepare, make widely available
(especially to staff responsible for water and material
management), and implement a Storm water Management
Plan (SWMP) for (all) the site(s) after approval from
Employer.
The camp must have impervious flooring to prevent
Construction seepage of any leaked oil & grease into the ground. The
area should be covered with a roof to prevent the entry of
camp and rainwater. Contractor RCD
workers camp Degreasing can also be carried out using mechanical spray
type degreaser, with complete recycle using an enclosure
with nozzles and two sieves, coarse above and fine below,
may be used.
All the waste oil collected, from skimming of the oil trap
as well as from the drip pans, or the mechanical degreaser
shall be stored in accordance with the Environment
Protection (Storage and Disposal of Hazardous Wastes)
Rules, 1989. For this purpose, metallic drums should be
used.
A separate vehicle washing ramp shall be constructed
adjacent to the workshop for washing vehicles, including
truck mounted concrete mixers, if any, after each days
construction is over, or as required.

Site Controls: All vehicles and equipment will be fitted with

silencers and/or mufflers which will be serviced regularly to
maintain them in good working condition and conforming to
the standard of 75dB (A) at 1m from surface of enclosure.
Scheduling of Project Activities: Operations will be
scheduled to coincide with period when people would least
likely to be affected. Construction activities generating noise
level more than 75 dB (A) will be avoided between 10 P.M.
and 6 A.M. near residential areas.
Protection devices (ear plugs or ear muffs) will be provided
to the workers operating in the vicinity of high noise
generating machines.
Vehicles and Construction equipment and machinery will be fitted with
Noise Pollution silencers and maintained properly.
C.3 Construction Contractor RCD
and Vibration
machinery Source-control through proper maintenance of all
equipment.
Use of properly designed engine enclosures and intake
silencers.
Vehicles and equipment used will confirm to the prescribed
noise pollution norms.
Movements of heavy construction vehicles and equipment
near public properties will be restricted.
Comply with sitting criteria construction plants and
installations and maintenance of pollution control devices
as mentioned in Appendix 9 of EMF.
Refer Appendix 10 of EMF for identification, and
operation of quarry areas and adopting controlled blasting.
Refer Appendix 16 of EMF for available licensed quarry
along the project road.

Providing impervious platform and oil and grease trap for

collection of spillage from construction equipment vehicle
maintenance platform
Collection oil and lubes drips in container during repairing
construction equipment vehicles
Providing impervious platform and collection tank for
spillage of liquid fuel and lubes at storage area
Spillage from Providing bulk bituminous storage tank instead of drums for
plant and storage of bitumen and bitumen emulsion
equipment at Contractor RCD
construction Providing impervious base at bitumen and emulsion storage
camp area and regular clearing of any bitumen spillage for
controlled disposal
C.4 Land Pollution
Reusing bitumen spillage
Disposing non-usable bitumen spills in a deep trench
providing clay lining of 300 mm at the bottom and filled with
soil at the top (for at least 0.5 m) to encourage vegetation
growth.
Refer Appendix 8 and Appendix 9 of EMF.
Collecting kitchen waste at separate bins and disposing of in

a pit at designated area/s
Domestic solid
waste and liquid Collecting plastics in separate bins and disposing in deep
Contractor RCD00
waste generated trench at designated area/s covering with soil
at camp
Collecting cottons, clothes etc. at separate bins and burning
in a pit (with sand bed)

Appendix F3
Environmentally Sensitive Areas for Particular Attention
Section of the road

Type of Forest and Section of the road passing passing adjacent to
Sl No. Name of the Road Circle Name of the Forest/ through R.F/ P.F / Wild life R.F/ P.F/ Wild life
Wild life Sanctuary Sanctuary Sanctuary (but not
passing through)
- Package -
1 -Nil-
2 Nil
3 -Nil-
4 -Nil-
Notes:
1. Works shall not proceed in these areas without clearance from the Employer .
2. N.A. Not Applicable - No Approval required proceeding with works.


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GOVERNMENT OF BIHAR

ROAD CONSTRUCTION DEPARTMENT

MODEL BIDDING DOCUMENT (MBD)

LONGTERM OUTPUT AND PERFORMANCE BASED ROAD

ROAD CONSTRUCTION DEPARTMENT

MODEL BIDDING DOCUMENT

LONG TERM OUTPUT AND PERFORMANCE BASED ROAD ASSETS MAINTENANCE

Name of work: Long Term Output and Performance Based Road

Invitation for Bid Page: i

Bidder Executive Engineer, Road Division ..

INVITATION FOR BID (IFB)

Invitation for Bid Page: ii

Bidder Executive Engineer, Road Division .

Office of the Executive Engineer, ....................Division, .......................

1. Designation and Address of the Advertiser : ...........................................................

7. Last date, time and place for submission of

Bidder Executive Engineer, Road Division

10.Period of contract: 60 Months

Bidder Executive Engineer, Road Division

14. Detailed NIT can be seen on web site www.prd.bihar.nic.in or www.eproc.bihar.gov.in or on

20. Corrigendum / Addendum, if any, will be published on the website itself.

Bidder Executive Engineer, Road Division

Central Government/ Public Undertaking. If such affidavit is subsequently found to be false,

30. The bidder must use MS Office-2007 or lower version.

34. Other details is can be seen in the bidding document.

Bidder Executive Engineer, Road Division

Bidder Executive Engineer, Road Division

PART 1 Bidding Procedures

PART 2 Technical Specifications

PART 3 Conditions of Contract and Contract Forms

Table of Contents Page: 1

Bidder Executive Engineer, Road Division ...

PART 1 BIDDING PROCEDURES

Section I: Instruction to Bidders Page: 2

Section I. Instructions to Bidders

B. Contents of Bidding Document

D. Submission and Opening of Bids

E. Evaluation and Comparison of Bids

Section I: Instruction to Bidders Page: 4

Section I. Instructions to Bidders

(b) except where the context requires otherwise, words indicating

Section I: Instruction to Bidders Page: 5

(c) day means calendar day.

(va) deliberately destroying, falsifying, altering or

investigation or making false statements to

(vb) acts intended to materially impede the exercise of

(b) Employer will reject a proposal for award if it determines that

Section I: Instruction to Bidders Page: 7

(a) they have controlling partners in common; or

PART 2 Specifications for Works and Services

Section V. Specifications for Works and Services,

5.3 The Employer is not responsible for the completeness of the

5.4 The Bidder is expected to examine all instructions, forms, terms,

Clarification of 6.1 A prospective Bidder requiring any clarification of the Bidding

6.4 The Bidders designated representative is required to attend a pre-

(b) completed schedules as required, including priced Bills of

12.2 Except as provided under ITB 12.3 below, Bidders wishing to

12.3 When specified in the BDS, Bidders are permitted to submit

Section I: Instruction to Bidders Page: 11