OPRC Final PDF
OPRC Final PDF
BIDDING DOCUMENTS
for
Procurement of Contract
under
of
16 December 2011
Government of Punjab (Public Works Department Buildings and Roads)
Government of Punjab (Public Works Department Buildings and Roads)
Table of Contents
PART-1: BIDDING PROCEDURES.................................................................................................................. 7
Abbreviations ........................................................................................................................................................ 8
A. General .................................................................................................................................................. 15
15. Road User Service and Comfort Performance Measures ............................................................... 191
PART-3: CONDITIONS OF CONTRACT AND CONTRACT FORMS – SECTION VII ...................... 381
Appendix 1A Rules and Procedures for the Functions of the Dispute Review Board
(DRB) ................................................................................................................................................... 457
ABBREVIATIONS
A – Association.
AASHTO - American Association of State Highway and Transportation Officials
AADT - Annual Average Daily Traffic (AADT).
AC - Asphalt Concrete (AC):
ASTM - American Society for Testing and Materials.
BANK - World Bank
Base Year – Last Completed Financial Year at the time of receipt of the Bids
BC – Bituminous Concrete
BDPO-Block Development and Panchayat Officer
BDS - Bid Data Sheet
BM-Bituminous Macadam
BoQ – Bill of Quantities
C - Consortium
CBR - California Bearing Ratio
CoI – Corridor of Impact
CQAMP – Contract Quality Assurance Management Plan
DBM- Dense Bituminous Macadam
DCP- Dynamic Cone Penetrometer
dgMarket – International portal for tenders and procurement opportunities from governments and
international organisations (www.dgmarket.com)
DRB - Dispute Review Board
EHS – Environment Health and Safety
EIA – Environmental Impact Assessment
EMP - Environmental Management Plan
EIRR - Economic Internal Rate of Return
ESA- Equivalent Standard Axel
ESMF-Environmental Social Management Framework
FIDIC - Fédération Internationale Des Ingénieurs-Conseils - International Federation of Consulting
Engineers
FWD - Falling Weight Deflectometer
FWP – Forward Work Programme
GC or GCC- General Conditions of Contract
GDP - Gross Domestic Product
GoI - Government of India
GoP - Government of Punjab
IBRD – International Bank for Rehabilitation and Development
ICB – International Competitive Bidding
IDA – International Development Association
INR – Indian Rupees
IRC- Indian Roads Congress
IRI - International Roughness Index
IRR- Internal Rate of Return
ITB - Instructions to Bidders
JV - Joint Venture
JVA - Joint Venture Agreement.
km - Kilometer/Kilometre
LoS - Level of Service.
MDR – Major District Road
MoEF – Ministry of Environment and Forests
Table of Contents
A. General .................................................................................................................................................. 15
F. Award of Contract................................................................................................................................ 31
A. GENERAL
1. 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 an Output-and Performance-based Road Contract (OPRC).
The Works and Services under the OPRC will cover the Roads indicated
in the BDS and will consist of:
2.2 Payments by the Bank will be made only at the request of the Borrower
and upon approval by the Bank in accordance with the terms and
conditions of the financing agreement between the Borrower and the
Bank (hereinafter called the Loan Agreement), and will be subject in all
respects to the terms and conditions of that Loan Agreement. No party
other than the Borrower shall derive any rights from the Loan Agreement
or have any claim to the funds. The Loan Agreement prohibits a
withdrawal from the loan account for the purpose of any payment to
persons or entities, or for any import of equipment, plant, or materials, if
such payment or import is prohibited by a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United
Nations.
3. Fraud and Corruption 3.1 The Bank requires that Borrowers (including beneficiaries of Bank loans),
as well as Bidders, Suppliers, Contractors, and Consultants under Bank-
financed contracts, observe the highest standard of ethics during the
procurement and execution of such contracts. 1 In pursuance of this
policy, the Bank:
(a) defines, for the purposes of this provision, the terms set forth below
as follows:
(i) ―corrupt practice‖2 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‖3 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‖4 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‖5 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;
1
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.
2
―another party‖ refers to a public official acting in relation to the procurement process or contract
execution]. In this context, ―public official‖ includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
3
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.
4
―parties‖ refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
5
a ―party‖ refers to a participant in the procurement process or contract execution .
4. Eligible Bidders 4.1 A Bidder may be a natural person, private entity, government-owned
entity—subject to ITB 4.6—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
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 :
(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) a Bidder participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which the party is involved. 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 bidding
documents;
(g) a bidder was affiliated with a firm or entity that has been hired (or
proposed to be hired) by the Employer or Borrower as Project
Manager for the contract.
4.4 A Bidder that has been determined to be ineligible by the Bank in relation
to the Bank's Guidelines: Procurement under IBRD Loans and IDA
Credits, the Bank's Guidelines: Selection and Employment of Consultants
by World Bank Borrowers, or the Bank's Anti-Corruption Guidelines on
Preventing and Combating Corruption in Projects Financed by IBRD
Loans and IDA Credits and Grants, shall not be eligible to be awarded a
contract.
4.5 Government-owned entities in the Employer‘s country shall be eligible
only if they can establish that they are legally and financially autonomous
and operate under commercial law. Also, they shall not be dependent
agencies of the Employer.
4.6 Bidders shall provide such evidence of their continued eligibility
satisfactory to the Employer, as the Employer shall reasonably request.
5. Eligible Materials, 5.1 The materials, equipment and services to be supplied under the Contract
Equipment, and and financed by the Bank may have their origin in any country subject to
Services the restrictions specified in Section V, Eligible Countries, and all
expenditures under the Contract will be limited to such materials,
equipment, and services. At the Employer‘s request, Bidders may be
required to provide evidence of the origin of materials, equipment and
services.
5.2 For purposes of ITB 5.1 above, ―origin‖ means the place where the
materials and equipment are mined, grown, produced or manufactured,
and from which the services are provided. Materials and equipment are
produced when, through manufacturing, processing, or substantial or
major assembling of components, a commercially recognized product
results that is substantially in its basic characteristics or in purpose or
utility from its components.
6. Sections of Bidding 6.1 The Bidding Documents consist of Parts 1, 2, and 3, which include all the
Document Sections indicated below, and should be read in conjunction with any
Addenda issued in accordance with ITB 8.
6.2 The Invitation for Bids issued by the Employer is not part of the Bidding
Document.
6.3 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.
6.4 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.
7.2 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 Bidder‘s own expense.
7.3 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.
8.2 Any addendum issued shall be part of the Bidding Documents and shall
be communicated in writing to all who have obtained the Bidding
Document from the Employer in accordance with ITB 6.3.
C. PREPARATION OF BIDS
9. Cost of Bidding 9.1 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.
10. Language of Bid 10.1 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 another language provided
they are accompanied by an accurate translation of the relevant passages
in the language specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
12. Letter of Bid, and 12.1 The Letter of Bid and Schedules, including the Bills of Quantities, shall
Schedules 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.
13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be
considered.
13.2 When alternative times for reaching the required Service Levels or for the
completion of Rehabilitation or Improvement Works are explicitly
invited, a statement to that effect will be included in the BDS, as will the
method of evaluating different times for completion.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to offer
technical alternatives to the requirements of the bidding document must
first price the Employer‘s 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.
13.4 When specified in the BDS, Bidders are permitted to submit alternative
technical solutions for specified parts of the Rehabilitation and/or
Improvement Works, and such parts will be identified in the BDS, as
will the method for their evaluating, and described in Section VI, Work‘s
Requirements.
14. Bid Prices and 14.1 The prices and discounts quoted by the Bidder in the Letter of Bid and in
Discounts the Bills of Quantities shall conform to the requirements specified below.
14.2 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.
14.3 The price to be quoted in the Letter of Bid, in accordance with ITB 12.1,
shall be the total price of the Bid, excluding any discounts offered.
14.4 The Bidder shall quote any unconditional discounts and the methodology
for their application in the Letter of Bid, in accordance with ITB 12.1.
14.5 Unless otherwise provided in the BDS and the Contract, the rates and
prices quoted by the Bidder are subject to adjustment during the
14.6 If so indicated in ITB 1.1, bids are being invited for individual lots
(contracts) or for any combination of lots (packages). Bidders wishing to
offer any price reduction for the award of more than one Contract shall
specify in their bid the price reductions applicable to each package, or
alternatively, to individual Contracts within the package. Price reductions
or discounts shall be submitted in accordance with ITB 14.4, provided the
bids for all lots (contracts) are submitted and opened at the same time.
14.7 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.
15. Currencies of Bid 15.1 The currency(ies) of the bid shall be as specified in the BDS.
and Payment
15.2 Bidders may be required by the Employer to justify, to the Employer‘s
satisfaction, their local and foreign currency requirements, and to
substantiate that the amounts included in the unit rates and prices and
shown in the Summary of Payment Currency Schedule, in which case a
detailed breakdown of the foreign currency requirements shall be
provided by Bidders.
16. Documents 16.1 The Bidder shall furnish a Technical Proposal including a statement of
Comprising the work methods, equipment, personnel, schedule and any other information
Technical Proposal as stipulated in Section IV, in sufficient detail to demonstrate the
adequacy of the Bidders‘ proposal to meet the requirements of Section VI,
Specifications.
17. Documents 17.1 To establish its qualifications to perform the Contract in accordance with
Establishing the Section III, Evaluation and Qualification Criteria, the Bidder shall provide
Qualifications of the the information requested in the corresponding information sheets
Bidder included in Section IV, Bidding Forms.
18. Period of Validity of 18.1 Bids shall remain valid for the period specified in the BDS after the bid
Bids submission deadline date prescribed by the Employer. A bid valid for a
shorter period shall be rejected by the Employer as non responsive.
18.3 In the case of fixed price contracts, if the award is delayed by a period
exceeding fifty-six (56) days beyond the expiry of the initial bid validity,
the Contract price shall be adjusted by a factor specified in the request for
extension. Bid evaluation shall be based on the Contract Price without
taking into consideration the above correction.
19. Bid Security 19.1 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 and currency
specified in the BDS.
19.2 The bid security shall be a demand guarantee at the Bidder‘s option, in
any of the following forms:
19.3 Any bid not accompanied by an enforceable and compliant bid security, if
one is required in accordance with ITB 19.1, shall be rejected by the
Employer as non responsive.
19.5 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.
(a) 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 18.2 or
19.7 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.
19.8 If a bid security is not required in the BDS, and
(a) If a Bidder (i) refuses to accept a correction of an arithmetical
error appearing on the face of the bid or (ii) withdraws its bid
during the period of bid validity specified by the Bidder on the
Letter of Bid Form, except as provided in ITB 18.2, or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 40; or
(ii) furnish a performance security in accordance with ITB 41;
the Borrower may, if provided for in the BDS, declare the Bidder
ineligible to be awarded a contract by the Borrower for a period of time
as stated in the BDS.
20. Format and Signing 20.1 The Bidder shall prepare one original of the documents comprising the
of Bid bid as described in ITB 11 and clearly mark it ―ORIGINAL.‖ Alternative
bids, if permitted in accordance with ITB 13, shall be clearly marked
―ALTERNATIVE.‖ In addition, the Bidder shall submit copies of the bid,
in the number specified in the BDS and clearly mark them ―COPY.‖ In
the event of any discrepancy between the original and the copies, the
original shall prevail.
20.2 The original and all copies of the bid shall be typed or written in indelible ink
and shall be signed by a person duly authorized to sign on behalf of the
Bidder. This authorization shall consist of a written confirmation as specified
in the BDS and shall be attached to the bid. The name and position held by
each person signing the authorization must be typed or printed below the
signature. All pages of the bid where entries or amendments have been made
shall be signed or initialed by the person signing the bid.
20.3 Any inter-lineation, erasures, or overwriting shall be valid only if they are
signed or initialed by the person signing the bid.
21. Sealing and Marking 21.1 The Bidder shall enclose the original and all copies of the bid, including
of Bids alternative bids, if permitted in accordance with ITB 13, in separate
sealed envelopes, duly marking the envelopes as ―ORIGINAL,‖
―ALTERNATIVE,‖ and ―COPY.‖ These envelopes containing the original
and the copies shall then be enclosed in one single envelope.
(c) bear the specific identification of this bidding process indicated in the
BDS 1.1; and
(d) bear a warning not to open before the time and date for bid opening.
21.3 If all envelopes are not sealed and marked as required, the Employer will
assume no responsibility for the misplacement or premature opening of
the bid.
22. Deadline for 22.1 Bids must be received by the Employer at the address and no later than
Submission of Bids the date and time indicated in the BDS. When so specified in the BDS,
bidders shall have the option of submitting their bids electronically.
Bidders submitting bids electronically shall follow the electronic bid
submission procedures specified in the BDS.
22.2 The Employer may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Document in accordance
with ITB 8, 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.
23. Late Bids 23.1 The Employer shall not consider any bid that arrives after the deadline for
submission of bids, in accordance with ITB 22. Any bid received by the
Employer after the deadline for submission of bids shall be declared late,
rejected, and returned unopened to the Bidder.
24. Withdrawal, 24.1 A Bidder may withdraw, substitute, or modify its bid after it has been
Substitution, and submitted by sending a written notice, duly signed by an authorized
Modification of Bids representative, and shall include a copy of the authorization in accordance
with ITB 20.2, (except that withdrawal notices do not require copies). The
corresponding substitution or modification of the bid must accompany the
respective written notice. All notices must be:
25. Bid Opening 25.1 The Employer shall open the bids in public, in the presence of Bidders`
designated representatives and anyone who choose to attend, and at the
address, date and time specified in the BDS. Any specific electronic bid
opening procedures required if electronic bidding is permitted in
accordance with ITB 22.1 shall be as specified in the BDS.
25.2 First, envelopes marked ―WITHDRAWAL‖ shall be opened and read out
and the envelope with the corresponding bid shall not be opened, but
25.3 All other envelopes shall be opened one at a time, reading out: the name
of the Bidder and whether there is a modification; the Bid Price(s),
including any discounts and alternative offers; the presence of a bid
security, if required; and any other details as the Employer may consider
appropriate. Only discounts and alternative offers read out at bid opening
shall be considered for evaluation. If so requested by the Employer in the
BDS the Letter of Bid and the Bill of Quantities are to be initialed by
representatives of the Employer attending bid opening in the manner
indicated in the BDS. No bid shall be rejected at bid opening except for
late bids, in accordance with ITB 23.1.
25.4 The Employer shall prepare a record of the bid opening that shall include,
as a minimum: the name of the Bidder and whether there is a withdrawal,
substitution, or modification; the Bid Price, per lot if applicable, including
any discounts and alternative offers; and the presence or absence of a bid
security, if one was required. The Bidders‘ representatives who are
present shall be requested to sign the record. The omission of a Bidder‘s
signature on the record shall not invalidate the contents and effect of the
record. A copy of the record shall be distributed to all Bidders, on request
26. Confidentiality 26.1 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.
26.3 Notwithstanding ITB 26.2, 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.
27. Clarification of Bids 27.1 To assist in the examination, evaluation, and comparison of the bids, and
qualification of the Bidders, the Employer may, at its discretion, ask any
27.2 If a Bidder does not provide clarifications of its bid by the date and time
set in the Contracting Agency‘s request for clarification, its bid may be
rejected.
28. Deviations, 28.1 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;
29.2 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,
29.3 The Employer shall examine the technical aspects of the bid submitted in
accordance with ITB 16, Technical Bid, in particular, to confirm that all
requirements of Section VI, Specifications have been met without any
material deviation or reservation.
30. Nonmaterial 30.1 Provided that a bid is substantially responsive, the Employer may waive
Nonconformities any nonconformities in the bid that do not constitute a material deviation,
reservation or omission.
30.2 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.
30.3 Provided that a bid is substantially responsive, the Employer shall rectify
nonmaterial nonconformities related to the Bid Price. To this effect, the
Bid Price shall be adjusted, for comparison purposes only, to reflect the
price of a missing or non-conforming item or component. The adjustment
shall be made using the method indicated in Section III, Evaluation and
Qualification Criteria.
31. Correction of 31.1 Provided that the bid is substantially responsive, the Employer shall
Arithmetical Errors correct arithmetical errors on the following basis:
(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.
31.2 If the Bidder that submitted the lowest evaluated bid does not accept the
correction of errors, its bid shall be disqualified.
32. Conversion to Single 32.1 For evaluation and comparison purposes, the currency(ies) of the bid shall
Currency be converted into a single currency as specified in the BDS.
33. Margin of Preference 33.1 Unless otherwise specified in the BDS, a margin of preference shall not
apply.
34. Evaluation of Bids 34.1 The Employer shall use the criteria and methodologies listed in this
Clause. No other evaluation criteria or methodologies shall be permitted.
(a) the bid price, excluding Provisional Sums and the provision, if
any, for contingencies in the Summary Bill of Quantities;
(d) converting the amount resulting from applying (a) to (c) above, if
34.3 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.
34.4 If these Bidding Documents allows Bidders to quote separate prices for
different lots (contracts), and the award to a single Bidder of multiple lots
(contracts), the methodology to determine the lowest evaluated price of
the lot (contract) combinations, including any discounts offered in the
Letter of Bid Form, is specified in Section III, Evaluation and
Qualification Criteria.
34.5 If the bid, which results in the lowest Evaluated Bid Price, is seriously
unbalanced or front loaded in the opinion of the Employer, the Employer
may require the Bidder to produce detailed price analyses for any or all
items of the Bill of Quantities, to demonstrate the internal consistency of
those prices with the construction methods and schedule proposed. After
evaluation of the price analyses, taking into consideration the schedule of
estimated Contract payments, the Employer may require that the amount
of the performance security be increased 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.
34.6 The price of the Rehabilitation and Improvement Works included in each
bid shall not be higher than the threshold indicated in the BDS. If the
Bidder estimates that its costs for the Rehabilitation and Improvement
Works are higher than the threshold indicated in the BDS, it shall include
the portion above the threshold in its price for the Maintenance Services.
If the bid which results in the lowest Evaluated Bid Price is above the
threshold indicated in the BDS for the Rehabilitation and Improvement
Works, the Employer may reject the bid.
35. Comparison of Bids 35.1 The Employer shall compare all substantially responsive bids to
determine the lowest evaluated bid, in accordance with ITB 34.2.
(a) The lump-sum price offered by the Bidder for the Maintenance
Services; plus
(b) The lump-sum price offered by the Bidder for the Rehabilitation
Works, if the bidding documents require prices for this type of works;
plus
(c) The total price of the priced Bill of Quantities for the Improvement
Works, if the bidding documents require prices for this type of works,
plus
(d) The total price of the priced-Bill of Quantities for the Emergency
Works.
36. Qualification of the 36.1 The Employer shall determine to its satisfaction whether the Bidder that is
37. Employer’s Right to 37.1 The Employer reserves the right to accept or reject any bid, and to annul
Accept Any Bid, and the bidding process and reject all bids at any time prior to contract award,
to Reject Any or All without thereby incurring any liability to Bidders. In case of annulment,
Bids all bids submitted and specifically, bid securities, shall be promptly
returned to the Bidders.
F. AWARD OF CONTRACT
38. Award Criteria 38.1 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.
39. Notification of Award 39.1 Prior to the expiration of the period of bid validity, the Employer 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. At the same time, the Employer shall also
notify all other Bidders of the results of the bidding and shall publish in
UNDB online and in the dgMarket the results identifying the bid and lot
numbers and the following information: (i) name of each Bidder who
submitted a Bid; (ii) bid prices as read out at Bid Opening; (iii) name and
evaluated prices of each Bid that was evaluated; (iv) name of bidders whose
bids were rejected and the reasons for their rejection; and (v) name of the
winning Bidder, and the Price it offered, as well as the duration and summary
scope of the contract awarded.
39.2 Until a formal contract is prepared and executed, the notification of award
shall constitute a binding Contract.
40. Signing of Contract 40.1 Promptly after notification, the Employer shall send the successful Bidder
the Contract Agreement.
40.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the
successful Bidder shall sign, date, and return it to the Employer.
41. Performance Security 41.1 Within twenty-eight (28) of the receipt of notification of award from the
Employer, the successful Bidder shall furnish the performance security in
accordance with the conditions of contract, subject to ITB 34.5, using for
that purpose the Performance Security Form included in Section IX,
Annex to the Particular Conditions - Contract Forms, or another form
acceptable to the Employer. If the performance security furnished by the
successful Bidder is in the form of a bond, it shall be issued by a bonding
or insurance company that has been verified by the successful Bidder to
be acceptable to the Employer. A foreign institution providing a bond
shall have a correspondent financial institution located in the Employer‘s
Country.
Table of Contents
ITB 1.1
The number of the Invitation for Bid (IFB) is:
ICB: PSRSP/WB/OPRC/1/ICB.
ITB 1.1
The Employer is: Government of Punjab through Chief Engineer (PSRSP) -
Public Works Department (B&R) Punjab, India
ITB 1.1
The name of the Contract is: Procurement of Contract under Output and
Performance based Road Contract (OPRC) (Road Asset Management Contract)
for Improvement, Rehabilitation, Resurfacing & Routine Maintenance Works of
Roads of Sangrur-Mansa-Bathinda Contract Area.
ITB 1.1
Sangrur-Mansa-Bathinda Contract Area
[SH: State Highway, MDR: Major District Road, ODR: Other District Road]
Note: The code assigned by PWD Punjab to the roads in the Contract are indicated in
the parenthesis
ITB 1.1(b) Rehabilitation Works are required as detailed in Section VI- Specifications.
ITB 1.1(c) Improvement Works are required as detailed in Section VI- Specifications.
The Works described under this Clause are defined as Emergency Works.
ITB 3.1 The first sentence of first paragraph of Clause 3.1 is replaced with:
It is the Bank‘s policy to require that Borrowers (including beneficiaries of Bank loans), as well
as bidders, suppliers, contractors, and their sub-contractors under Bank-financed contracts,
observe the highest standard of ethics during the procurement and execution of such contracts.
B) Bidding Documents
ITB 4.8 This bid is open competitive bidding; all interested and qualified bidders can submit bids.
ITB 7.1 The Employer‘s address is:
Attention: Chief Engineer (PSRSP), PWD B&R Punjab
o/o Project Director (PSRSP)
Punjab Roads and Bridges Development Board
Street Address: SCO 61-62, Phase II, SAS Nagar,
City: Mohali (Chandigarh)
State: Punjab
Zip Code: 160 055
Country: INDIA
Telephone: +91 172 662 6620
Facsimile number: +91 172 662 6640
Electronic mail address: [email protected]
(i) This facility shall be available to only those bidders who have purchased the Bid
Document.
(ii) Bidders must provide written/email notification to the Chief Engineer (PSRSP) at least 7
(iii) The Bidder is responsible for providing his own transport at all times during such site
visit. The Employer takes no responsibility for providing any transportation or other needs
to the Bidder during the site visit.
(iv) This facility would be made available only once to each bidder.
ITB 7.4 The Pre-Bid Meeting will take place at the following date, time and place:
Date: 15th February, 2012
Time: 10.00 AM (IST)
Place: Office of Project Director (PSRSP)
Punjab Roads and Bridges Development Board
Street Address: SCO 61-62, Phase II, SAS Nagar,
City: Mohali (Chandigarh)
State: Punjab
ZIP Code: 160 055
Country: INDIA
Telephone: +91 172 662 6620
Facsimile number: +91 172 662 6640
Electronic mail address: [email protected]
Note: The above Date, Time and Location may be subject to change. Subject to requirements,
this pre-bid meeting may be extended into a second consecutive day.
C) Preparation of Bids
ITB 10.1 The language of the bid is: English.
Bidders shall (i) fill in rates and prices for all items of Works and Services described in the Bill
of Quantities (BOQ) for Emergency Works (ii) submit a single Lump Sum price for this
contract as per the Letter of Bid which includes the Improvement Works, Rehabilitation Works,
Resurfacing Works, Network Performance Works and the Total Price of the BOQ for
Emergency Works.. The Payment Schedules provided in the Section IV – Bidding Forms serve
to only confirm the quantities of work required throughout the duration of the contract and
provide the basis of payment from the Lump Sum percentages applied to each work category .
ITB 18.1 The bid validity period shall be 180 Days excluding the day of bid submission
ITB 19.1 A Bid security is required. The amount and currency of the bid security shall be: INR 60
Million (Indian Rupees Sixty Million) or US$1,300,000 (United States Dollars One Million
Three Hundred Thousand), only in case of a foreign bidder.
ITB 20.1 In addition to the original of the bid, the number of copies is: 4 (four)
ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall consist of: an
affidavit confirming that the person nominated in Form ELI-1.1 is the authorised person
representing the Bidder. This person shall carry the Power of Attorney of Bidder authorising the
signatory of the bid to commit the bidder. In case of Bid by JVA, it should be authorised by all
JVA partners.
Country: INDIA
ITB 25.1 The bid opening shall take place at the Office of the:
Project Director PSRSP,
Punjab Roads and Bridges Development Board
Street Address: SCO 61-62, Phase II, SAS Nagar,
City: Mohali (Chandigarh)
Zip Code: 160 055
Country: INDIA
ITB 25.3 The Letter of Bid and Bill of Quantities are to be initialed by representatives of the Employer
attending bid openings.
After application of the criteria established in Sub-Clauses 34.1 to 34.6, the Evaluated Bid Price
for comparison of bids will be:
(a) The lump-sum price offered by the Bidder for the Contract Works i.e. Improvement
Works, Rehabilitation Works, Resurfacing Works and Network Performance Works;
plus
(b) The total price of the priced-Bill of Quantities for the Emergency Works.
Table of Contents
(Without Prequalification)
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders in accordance
with ITB 34 and ITB 36. 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
In addition to the criteria listed in ITB 34.2 (a) – (e) the following criteria shall apply:
2. Qualification
2.1.2 Conflict of No- Conflicts of interests as Must meet Existing or Must meet N/A Letter of Bid
Interest described in ITB 4.3. requirement intended JV,C,A requirement
must meet
requirement
2.1.3 Bank Ineligibility Not having been declared Must meet Existing Must meet N/A Letter of Bid
ineligible by the Bank as requirement JV,C,A must requirement
described in ITB 4.4. meet
requirement
2.1.4 Government Compliance with conditions Must meet Must meet Must meet Form ELI –1.1 and 1.2, with
of ITB 4.5 N/A attachments
Owned Entity requirement requirement requirement
Must meet
requirement by Must meet
itself or as requirement as N/A N/A
partner to past a consortium
or existing JVCA
2.5.2 Specific
Experience following Consulting experience:
In addition, the bidder should provide one (1) site (camping and team) managing for 50
km section project during the Construction Stage
The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section IV, Bidding Forms.
Contractor shall operate this measuring equipment, under the supervision and instructions
of the Project Manager, at the indicated roads sections. The results of these measurements
shall be the property of the Employer.
No separate payment shall be paid to the Bidder/Contractor for purchasing,
maintaining and operating the equipment.
2.6.3 Initial Tentative Programme of Forward Work and Resource Work Plan
Refer to listed Technical Implementation Sub-criteria and applicable Technical Schedule Forms
2.6.4 Qualifications of Key Professional Staff
Refer to listed Technical Implementation Sub-criteria and applicable Technical Schedule Forms
The Bidder must demonstrate that it has the personnel for the key positions that meet the following
requirements:
Sr.
Position Availability requirement
No.
1. Road Manager Full time
2. Road Asset Manager/Risk Manager Full time
3. Senior Site Engineer Full time
4. Site Engineer (Construction) Full time
5. Site Engineer (Maintenance) Full time
Conformance Management (Quality Assurance)
6. Full time
Unit Leader
7. Material Engineer Full time
8. Contract Financial Manager Full time
9. Plant & Equipment Engineer Full time
Sr.
Position Availability requirement
No.
1. Design Engineer (Highways) As Required
2. Management Systems/IT Manager As Required
3. Bridge Engineer/Consultant As Required
4. Road Safety Management/Design Consultant As Required
5. Environmental Specialist As Required
6. Social Specialist As Required
Bolded key positions (item 1, 3, 4,5,7,8 & 9 for the Lead Contractor, and item 1, 5& 6 for the
Consultant) shall be considered for the evaluation. All other positions are necessary but not
required for evaluation purpose. The role, qualification and experience of the key personnel‘s
shall be as per the tables below:
Sr.
Position Role, Education and Experience
No.
1 Road Manager Role Team leader of the Contractor for this Contract
2 Road Asset Role His is a critical role for the success of this contract. The
Manager/Risk Road Asset Manager/Risk Manager will be in charge of
Manager developing, optimising and managing the Forward Work
Programme (FWP) including the identification and timing
all major interventions, routine maintenance programmes,
pavement deterioration modelling and required risk analysis
for the Contractor.
Sr.
Position Role, Education and Experience
No.
and maintenance of road networks. Experience in road asset
data collection, analysis required for the identification and
management of the risks associated with constructing and
maintaining road assets is essential.
Sr.
Position Role, Education and Experience
No.
Sr.
Position Role, Education and Experience
No.
responsibility. The candidate having knowledge of plant
safety, driver‘s safety, occupational safety, pollution control,
environmental compliance, etc. shall be desirable.
The Bidder shall provide details of the proposed personnel and their experience records in
the relevant Information Forms included in Section IV, Bidding Forms.
The delivery of the outputs/results required under this contract, keeping in focus the philosophy of
the OPRC shall be checked based on the approach of the bidder to the following factors:
a) Final design and construction of Improvement works, Rehabilitation works and Resurfacing
works.
b) Programme Development
c) Management of RoW including EHS improvements
d) Financial management of contract.
e) Management of identified risks
f) Quality assurance
The bidders are required to provide a detailed written description and clearly describe their
approach to each factor mentioned above.
Table of Contents
Letter of Bid
Date:
ICB No. PSRSP/WB/OPRC/1/ICB
Invitation for Bid No.:
To: _______________________________________________________________________
(a) We have examined and have no reservations to the Bidding Document, including Addenda issued in
accordance with Instructions to Bidders (ITB) 8;
(b) We offer to execute in conformity with the Bidding Document the following Works:
Output and Performance Based Road Contract (OPRC) (Asset Management Contract) for
Improvement, Rehabilitation, Resurfacing & Routine Maintenance Works of Roads of Sangrur-
Mansa-Bathinda Contract Area.
(c) (i) Our bid price, excluding any discounts offered in item (d) below, is composed of the following
components:
(ii)For the purpose of payment, the Single Lump Sum Price for the Contract Works tendered in
Clause (c) Part (i) item (A) above shall be apportioned to the following Output Categories (refer to
Payment Schedules) using the percentages in the following table:
Output Category Permissible Range of Percentages Percentage of Lump-Sum Bid
of the Lump Sum Bid Price to be Price Proposed by Bidder
Apportioned to Contract (To be apportioned to
Payments Contract Payments)
Improvement Works 33-40%
Rehabilitation Works 22-26%
Resurfacing Works 11-13%
Network Performance Works 27%(minimum)
Total (to be) 100.0% 100.0%
(d) The discounts offered and the methodology for their application is:
______________________________________________________________________________________
______________________________________________________________________________________
_________________________________________________________________________;
(e) Our bid shall be valid for a period of 180 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;
(f) If our bid is accepted, we commit to obtain the required performance securities in accordance with the
Bidding Document;
(g) We, including any subcontractors or suppliers for any part of the contract, have or will have nationalities
from eligible countries, in accordance with ITB-4.2;
(h) 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;
(i) 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
(j) We, including any of our subcontractors or suppliers for any part of the contract, have not been declared
ineligible by the Bank, under the Employer‘s country laws or official regulations or by an act of compliance
with a decision of the United Nations Security Council;
(k) We are not a government owned entity/We are a government owned entity but meet the requirements of
ITB-4.5;6
(l) We have paid, or will pay the following commissions, gratuities, or fees with respect to the bidding process
or execution of the Contract:
(m) 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
(n) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may
receive.
(o) We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will
engage in bribery.
6
Bidder to use as appropriate
Signed ___________________________________
Index code Index description Source of index Base value Bidder’s Bidder’s
and date related proposed
currency weighting
amount Improvement
Rehabilitation Resurfacing Network
and Emergency
Works Works Performance
Works
Labour (a) Consumer price index Labour Bureau, Base value prevailing
for industrial workers Government of India 28 days prior to the
for Ludhiana. deadline for
submission of bid
Bitumen (b) Official retail price of Price of Bitumen at the Base value prevailing
bitumen IOC Panipat Refinery 28 days prior to the
(VG-30) deadline for
submission of bid
Price for fuel Retail price of high Price at existing Base value prevailing
and lubricants speed diesel (HSD) consumer pump in 28 days prior to the
(c) oil Phase- II SAS Nagar deadline submission
Mohali of bid
Other Materials All India Wholesale Economic Advisor to the Base value prevailing
Including Price Index (All Government of India, 28 days prior to the
Aggregates (d) Commodities) Ministry of Commerce deadline submission
and Industry of bid
Total 1.0 1.0 1.0 1.0
Labour (a)
Base value prevailing 28
days prior to the deadline
for submission of bid
Bitumen (b)
Base value prevailing 28
VG-30
days prior to the deadline
for submission of bid
Other Materials
Base value prevailing 28
Including
days prior to the deadline
Aggregates (d)
for submission of bid
tate type: ......... [If the Bidder wishes to quote in more than one foreign currency, this table should be repeated for each foreign currency.]
Local currency
(INDIAN
RUPEES)
Foreign currency
#1
Foreign currency
#2
Foreign currency #
A B C D
Name of payment Amount of Rate of exchange Local currency Percentage of
currency each currency (local currency per equivalent Bid Price (b)
unit of foreign) C=AxB 100xC
BID PRICE (b)
Local currency
(INDIAN
RUPEES)
Foreign currency
#1
Foreign currency
#2
Foreign currency #
The bid includes the following Schedule which specifies the payment schedules over the lifespan of the project
for the four main activities included in the contract as follows:
Improvement Works
Rehabilitation Works
Resurfacing Works.
Network Performance (Routine Maintenance) Works.
a) Improvement Works, in the form of a lump-sum amount. This will be paid following verification of a
minimum specified length fully Improved (Upgraded /Widened). Lump Sum Payment payable per
substantially completed kilometre shall be calculated by dividing the apportioned portion of the Bidder
Lump Sum Contract Price by the total number of kilometres originally identified by the Employer
(listed in the Payment Schedule A. Improvement Works) for carrying out Improvement Works.
b) Rehabilitation Works, in the form of a lump-sum amount. This will be paid following verification of a
minimum specified length fully Rehabilitated. Lump Sum Payment payable per substantially
completed kilometre shall be calculated by dividing the apportioned portion of the Bidder Lump Sum
Contract Price by the total number of kilometres originally identified by the Employer (listed in
Payment Schedule B. Rehabilitation Works) for carrying out Rehabilitation Works.
c) Resurfacing Works, in the form of a lump-sum amount. This will be payment following verification of
a minimum specified length fully Resurfaced. Lump Sum Payment payable per substantially completed
kilometre shall be calculated by dividing the apportioned portion of the Bidder Lump Sum Contract
Price by the total number of kilometres originally identified by the Employer (listed in the Payment
Schedule C. Resurfacing Works) for carrying out Pavement Resurfacing Works.
d) Network Performance Works, in the form of a lump-sum payment according to the conditions of
contract. (This will be a series of uniform payments made throughout the duration of the contract with a
portion of this payment dependent upon the Contractor achieving specified performance criteria);
e) For the Emergency Works, payments will be made for each emergency on a case-to-case basis
provided in the Contract, based on the actual work quantities approved by the Employer and using the
Bill of Quantities rates inclusive of price adjustments where appropriate:
5 0
6 0
7 0
8 0
9 0
10 0
Contract Total 128.90km
Contract Total 10.0m Constructed Pavement Width (Road Sections S2 & S4) 128.90km
Contract Payment Percentage apportioned to the Lump Sum Price for the Indicate here the
Contract Works: percentage
proposed at c (ii)
in the Letter of Bid
(33-40%)
The Payment Schedules for Resurfacing Works shall be read in conjunction with the Instructions to
Bidders, Conditions of Contract, Specifications and the Drawings.
The Payment Schedule for Network Performance shall be read in conjunction with the Instructions to
Bidders, Conditions of Contract, Specifications and applicable Drawings.
1. The Bill of Quantities for Emergency Works shall be read in conjunction with the Instructions to
Bidders, Conditions of Contract, Specifications and the Drawings.
2. The quantities given in the Bill of Quantities are indicative and provisional, and are given to
provide a common basis for bidding. Actual quantities for Emergency Works will be specified in
Work Orders, issued by the Project Manager in accordance with the General Conditions. The basis
of payment for Emergency Works will be the actual quantities of work ordered and carried out, as
measured by the Contractor and verified by the Project Manager and valued at the unit rates and
prices bid in the priced Bill of Quantities, where applicable, and otherwise at such unit rates and
prices as may be agreed or determined by the Project Manager under the provisions of the Contract.
3. The unit rates and prices bid in the priced Bill of Quantities shall, except in sofar as is otherwise
provided under the Contract, include all plant, equipment, labour, supervision, materials, erection,
maintenance, insurance, profit, taxes and duties, together with all general risks, liabilities and
obligations set out or implied in the Contract.
4. The unit rates and prices shall be quoted in the same currency used in the financial proposal.
5. A unit rate or price shall be entered against each item in the Bill of Quantities. The cost of items
against which the Contractor has failed to enter a unit rate or price shall be deemed to be covered
by other unit rates and prices entered in the Bill of Quantities.
6. General directions and descriptions of work and materials are not repeated or summarized in the
Bill of Quantities. References to the relevant sections of the Contract documentation shall be made
before entering rates or prices against each item in the Bill of Quantities.
7. The method of measurement of completed work for payment shall be in accordance with the
measurement and payment provisions of the relevant section of the Specifications.
8. Arithmetical errors discovered prior to award of the Contract will be corrected by the Employer
pursuant to Clause 29 of the Instructions to Bidders.
Bidders shall price the Bill of Quantities and transfer the Bid Price for Emergency Works (B) to the
Letter of Bid.
Unit Rate
Estimate Amount
B.
d AxB – in
Sl. No. Description Unit
Quantity Figures
In In
A.
figures Words
1 – EXCAVATION FOR ROADWAY AND DRAINS
1.00 Roadway excavation Cu.m. 6,000
necessary for construction of
roadway and drainage
includes dressing, trimming
and compacting the cut
formation in accordance with
requirements of lines, grades
and cross fall complete as per
technical specification
section of MORT&H Clause
301. and disposal of all cut
material including necessary
stacking of suitable material
with all lifts and leads up to
5000m in all types of Soil
2 - EARTHWORKS
2.01 Construction of embankment Cu.m. 6,000
with approved material from
borrow areas complete as per
technical specification of
MORT&H Clause 305 with
all leads and lifts complete
Unit Rate
Estimate Amount
B.
d AxB – in
Sl. No. Description Unit
Quantity Figures
In In
A.
figures Words
MORT&H Clause No. 406.
Unit Rate
Estimate Amount
B.
d AxB – in
Sl. No. Description Unit
Quantity Figures
In In
A.
figures Words
5- CONCRETE WORKS
5.01 Providing & laying plain
cement concrete in levelling
course, foundation, below
approach slab, bed protection
- - - - -
etc technical specification of
MORT&H Section 1500,
1700 & 2100.
Technical Proposal
SCHEDULE B. Subcontractors/Subconsultants/Partners
Instructions on how to present the various schedules of the Technical Bid are given on the following pages.
Technical Schedule A
Bidders shall give below full particulars of the organisational structure. they propose to establish, direct,
and administer the performance of the Contract which will meet the requirements stated in the Bidding
Documents.
Bidders shall list below those parts of the Contract Works which they propose to subcontract, and state the
approximate percentage of each of the output categories Lump Sum values that will be subcontracted.
Bidders shall list the names and addresses of the proposed subcontractors, if those are known at bidding
stage. Bidders shall also list other business partners involved in the execution of the contract and their
respective roles and responsibilities.
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 INR 1
Million or US$20,000, or for alternative equipment proposed by the Bidder.
Item of equipment
Number dedicated to this Contract
To demonstrate a clear understanding of the requirements of the Contract, bidders shall provide the
following:
i) A bar chart (Gantt Chart) sub-divided into appropriate lengths for each road section showing
the locations of confirmed Rehabilitation and Resurfacing Works the bidder will complete in
Year 1 of the programme, the probable location of Rehabilitation and Resurfacing Works in
Year 2 (not contractually binding) and the scheduled Improvement Works, if any. The
activities shall be shown against time, with linkages shown between related/sequential
activities as far as possible and appropriate.
ii) Narrative description of utilisation of equipment, material and personnel including its
integration with the data given previously.
iii) A bar chart or schedule showing the usage of the Contractor‘s Equipment, including resources
allocation shown for the various stages presented. Major plant, including those listed in
Schedule (Contractor‘s Equipment).
This program and Performance Resource based (personnel and equipment) Work Plan should be linked to
the Organisational Structure and should show clearly the interaction between them.
As specified in clause 25 of the General Conditions, The Bidders shall give detailed description of the QC
Program and all procedures that will guarantee the high quality of work in order to meet the minimum
required level of service.
4. Laboratories
Description of how the quality control team will approve the field and supplier's laboratories personnel and
lab equipment before any work is performed. Demonstrate how to insure that they meet the work scope
according to the Contractor‘s work plan.
5. Reporting
Full description of the preliminary and routine quality control, submittal and non-conformance reports,
computer information system and reports to the supervision using the relevant forms. Description of
statistical analysis is to be submitted in the reports.
6. Internal Auditing
Description of auditing procedures, their frequency and how the auditing activities will be reported to the
supervision.
7. Training
Description of the training activities to all relevant personal, the main subjects to be trained, frequency,
methods and feedback.
Educational Experience
Position Name with details
Qualifications
1. Road Manager
2. Road Asset Manager/Risk Manager
3. Senior Site Engineer
4. Site Engineer (Construction)
5. Site Engineer (Maintenance)
Conformance Management (Quality
6
Assurance) Unit Leader
7. Material Engineer
8. Contract Financial Manager
9. Plant & Equipment Engineer
Educational Experience
Position Name with details
Qualifications
1. Design Engineer (Highways)
2. Management Systems/IT Manager
3. Bridge Engineer/Consultant
Road Safety Management/Design
4.
Consultant
5. Environment Specialist
The CV‘s (or resume‘s) for each of the proposed key personnel are presented in Forms PER – 2 below.
1
Provide the percentage of full time employment that will be committed to the OPRC Contract.
Bidder‘s Primary Contacts to be available at all times
Form PER-2
Resumẽ of Proposed Personnel
Name of Bidder
Position
Professional qualifications
Address of Employer
Fax E-mail
Summarize professional experience over the last 20 years, in reverse chronological order. Indicate particular
technical and managerial experience relevant to the Contract.
Form CCC
Bidders and each partner to a JV,C, A 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.
2.
3.
4.
5.
etc.
Financial Situation
B. Financial Documents
□ The Applicant and its parties shall provide copies of the balance sheets and/or financial statements
for 5 years, pursuant to Section III, Qualification Criteria and Requirements, Sub-factor 2.4.1. The
Financial Statements shall:
(i) Reflect the financial situation of the Applicant or Entity to a JV,C and not sister or parent
companies
(ii) Be audited by a certified accountant
(iii) Be complete including all notes to the financial statements
(iv) Correspond to the 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 5 years required above and complying with the requirements)
Date:
Page:
*Average annual construction turnover is calculated as the total of the certified payments received for work
completed or in progress, divided by the number of years specified in Section III - Qualification Criteria and
Requirements, Sub-factor 2.3.2
Financial Resources
Date:
Page:
* Demonstrate access to or availability of, financial resources such as liquid assets, unencumbered real
estate, lines of credit and other financial means, other than any contractual advance payments, to meet cash
flow requirements indicated in Section III : Sub-factor – Financial Situation .
Bidder’s Information
Bidder’s country of
constitution
Bidder’s year of
constitution
Bidder’s authorized
representative
(name, address, telephone
numbers, fax numbers, e-
mail address)
Attached are copies of the following original documents.
1. In case of single entity, articles of incorporation or constitution of the legal entity named above,
in accordance with ITB 4.1 and 4.2.
2. Authorization to represent the firm or JV or C named in above, in accordance with ITB 20.2.
3. In case of JV or C , a letter of intent to form JV or C or JV or C agreement, in accordance with
ITB 4.1.
4. In case of a government-owned entity, any additional documents not covered under 1 above
required to comply with ITB 4.5.
JV Partner’s or
Subcontractor’s legal
name
JV Partner’s or
Subcontractor’s country
of constitution
JV Partner’s or
Subcontractor’s year of
constitution
JV Partner’s or
Subcontractor’s legal
address in country of
constitution
JV Partner’s or
Subcontractor’s
authorized
representative
information
(name, address, telephone
numbers, fax numbers, e-
mail address)
Attached are copies of the following original documents.
1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB
4.1 and 4.2.
2. Authorization to represent the firm named above, in accordance with ITB 20.2.
3. In the case of government-owned entity, documents establishing legal and financial autonomy and
compliance with commercial law, in accordance with ITB 4.5.
If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total
contract amount
Employer’s Name
Address
Telephone/Fax Number
E-mail
If partner in a JV or
subcontractor, specify
Percent of Total Amount
participation of total contract
amount
Employer’s Referee: Name
Address
Telephone Number
Fax Number
E-mail
Description of the key activities in accordance with Criteria 2.4 of Section III
Name of associated Consultants, if any: Name of senior professional staff of your firm
involved and functions performed (indicate most
significant profiles such as Project
Director/Coordinator, Team Leader):
Firm‘s Name:
3. Financial Resources
The Bidder must demonstrate 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
payments to meet:
(i) the cash-flow requirements for mobilisation, establishment and the completion of the contract
works for the first 3 years: and
(ii) the overall cash flow requirements for this contract and its current commitments.
Date: __________________________
We have been informed that __________________________ [name of the Bidder] (hereinafter called "the
Bidder") has submitted to you its bid dated ___________ (hereinafter called "the Bid") for the execution of
________________ [name of contract] under Invitation for Bids No. ___________ (―the IFB‖).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Bidder, 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] upon receipt by us of your first demand in writing accompanied by a
written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the
Bidder:
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of
Bid; or
(b) having been notified of the acceptance of its Bid by the Employer during the period of bid
validity, (i) fails or refuses to execute the Contract Agreement or (ii) fails or refuses to furnish
the performance security, in accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the
contract signed by the Bidder and the performance security issued to you upon the instruction of the Bidder;
and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy your notification
to the Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of the
Bidder‘s bid.
Consequently, any demand for payment under this guarantee must be received by us at the office on or before
that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
_____________________________
[signature(s)]
Note: All italicized text is for use in preparing this form and shall be deleted from the final product.
To:
[Employer]
Dear Sir:
1. We confirm that we are solely responsible for obtaining customs/excise duty waivers which we have
considered in our bid and in case of failure to receive such waivers for reasons whatsoever, the
Employer will not compensate us.
2. We are furnishing below the information required by the Employer for issue of the necessary
certificates in terms of the Government of India Central Excise Notification No. 108/95 and
Customs Notification No. 85/99 read along with all subsequent amendments.
Construction Equipment
4. We agree that no modification to the above list is permitted after bids are opened.
5. We agree that the certificate will be issued only to the extent considered reasonable by the
Employer for the work, based on the Bill of Quantities and the construction programme and
methodology as furnished by us along with the bid.
6. We confirm that the above goods will be exclusively used for the construction of the above work
and construction equipment will not be sold or otherwise disposed of in any manner for a period of
five years from the date of acquisition.
Note: Copies of Government of India Central Excise Notification No. 108/95 and Customs Notification
No. 85/99 is available on Punjab Roads and Bridges Development Board‘s web site:
http://www.prbdb.gov.in
Table of Contents
ELIGIBLE COUNTRIES
1. In accordance with Para 1.8 of the Guidelines: Procurement under IBRD Loans
and IDA Credits, dated May 2004, the Bank permits firms and individuals from all
countries to offer goods, works and services for Bank-financed projects. As an
exception, firms of a Country or goods manufactured in a Country may be
excluded if:
Para 1.8 (a) (i): as a matter of law or official regulation, the Employer‘s Country
prohibits commercial relations with that Country, provided that the Bank is
satisfied that such exclusion does not preclude effective competition for the
supply of the Goods or Works required, or
Para 1.8 (a) (ii): by an Act of Conformance with a Decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United
Nations, the Employer‘s Country prohibits any import of goods from that
Country or any payments to persons or entities in that Country.
2. For the information of Employers and bidders, at the present time firms, goods and services from
the following countries are excluded from this bidding:
None
Table of Contents
PART-2: SPECIFICATIONS – SECTION VI............................................................................................... 115
15. Road User Service and Comfort Performance Measures ............................................................... 191
Appendix 10 - Terms of Reference for Assisting in the Implementation of RAP and Conducting
ESA in Punjab State Road Sector Projects ...................................................................................... 359
PART-3: CONDITIONS OF CONTRACT AND CONTRACT FORMS – SECTION VII ...................... 381
1. GENERAL
1.1 Definitions
Accepted Programme: The annual programme of works agreed with the Employer for each contract
year.
Alternatives (of design): Differing paving or rehabilitation courses of action that will satisfy pavement
design and management objectives.
Analysis period: The time period used for comparing design alternatives. An analysis period may
contain several maintenance and rehabilitation activities during the life cycle of the pavement being
evaluated.
Annual Average Daily Traffic (AADT) The estimate of typical traffic on the road segment for all the
days of the week over the period of a year.
Asphaltic Concrete (AC) A controlled mixture of asphalt cements and graded aggregate compacted to
a dense mass. Also, hot mixed asphalt (HMA) hot mixed asphalt concrete (HMA) bituminous concrete
(BC), plant mix (PM)
Asphalt Concrete Surface; Asphalt concrete used as a surface course, Also a dense-graded asphalt
surface, asphalt carpet
Audit Length is the minimum length of road to be audited for conformance with the specified
performance measures.
Axle load is the sum of all tyre loads on an axle.
Base means layer of specified or select material of designed thickness placed on a sub base or sub
grade to support a surface course or binder
Bridge means a structure with a span greater than 6m between the inner faces of the dirt walls for
carrying traffic or other moving loads over a depression or obstruction such as a channel, road or
railway.
Built-up Area is any section of road that is contained within the defined limits of Towns or Villages, or
where there is continuous Residential and/or Commercial development on both sides of the road for
more than one km (centreline) in length measured from the first and last building unless otherwise
agreed with the Employer.
CBR (California Bearing Ratio) is the bearing capacity of one material compared with a standard well-
graded crush stone.
Certificate of Completion is a document issued by the Project Manager upon completion of
Improvement Works, Rehabilitation Works, Resurfacing Works and Emergency Works, or parts
thereof, as applicable, in accordance with GC 54.1
Commencement Date is the date that the Contractor will have substantially mobilised plant and labour
on the first Construction Works site for the year and will commence construction. This date shall be
agreed in writing between the Employer and the Contractor.
Completed Works means the substantial completion of the Improvement, Rehabilitation or Resurfacing
Works.
Conceptual Design means the method by which the Employer defines, at a fundamental level, output
to be achieved by the Contractor.
Concurrent delay is the occurrence of two or more delay events at the same time, one an Employer
Risk Event, the other a Contractor Risk Event, the effects of which are felt at the same time.
Concurrent effect of sequential delay events describes the situation where two or more delay events
arise at different times, but the effects of them are felt (in whole or in part) at the same time.
Conforming Design means a design that meets all accepted standards and best practice criteria for road
construction including but not limited to geometrics, safety, pavement, drainage, delineation, lighting
and aesthetics.
Conformance Management Unit is Contractor‘s personnel responsible for managing, measuring and
reporting conformance to the Contractor and the Employer/Monitoring Consultant.
Construction Works means all Improvement, Rehabilitation and Resurfacing Works under this
contract. It excludes all works undertaken under Network Performance
Contract Area is the division of the project based on an adequate size for OPRC contracts, in terms of
the number of road-km and type of intervention. Critical Location is 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).
Culvert is a cross-drainage structure having a total length of 6m or less between the inner faces of the
dirt walls or extreme waterway boundaries measured at right angles thereto.
A Defect is any part of the Works and Services not completed in accordance with the Contract.
Deflection is vertical deformation of a pavement under an applied load.
Design life of pavement is the length of time for which a pavement structure is being designed
Detailed Design means the increased level of detail the Contractor must provide, over and above the
information presented in the Conceptual Design, to satisfy the requirements of the specification,
construction practices, traffic management, applicable design codes and standards, legislation, the
Employer, the Monitoring Consultant and all other approving agencies.
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.
Equivalent Single Axle Load (ESAL): A numerical factor that expresses the relationship of a given
axle load to another axle load in terms of the relative effects of the two loads on the serviceability of a
pavement structure. Often expressed in terms of 18 kips (8.2 tons) single axle loads
Expected Service Life: The age (in years) that the surfacing or pavement is expected to reach before it
requires rehabilitation or replacement.
Falling Weight Deflectometer (FWD) is a Non-destructive equipment used to measure the deflection
bowl or basin of a given pavement structure. It is an indicator of the structural condition of the road.
International Roughness Index (IRI): a pavement roughness index computed from a longitudinal
profile measurement.
Intervention (type): the type of intervention to be carried out on a road section based on the current
condition (structural and functional)
IRC means Indian Roads Congress
Lane distribution factor is a factor describing the percentage (of traffic in one direction) of a given
vehicle class using a given lane.
Lifespan is the period of time during which something is functional or fit for purpose.
Lump Sum Price means the single Lump Sum price offered to complete the contract works excluding
any Provisional Sum or Emergency Works Items.
Maintenance is the preservation of the entire roadway, including surface, shoulders, roadsides,
structures, and such traffic control devices as are necessary for its safe and efficient utilization.
Maintenance Services consist of Routine Maintenance works or Network Performance Works and
Resurfacing Works required to be carried out to achieve and maintain the required Levels of Service and
achieve the specified performance measures.
Road Audit Length means the defined section of road to be audited for performance compliance.
Road Section is an identified portion of the total length of the road.
Road Section Number The identification number of the road as provided by the Employer or Project
Manager (e.g. State Highway No 12A S2).
Roadside Any non pavement area within the road reserve, including any median area.
Rural Area is any section of road that is outside the Built-up areas.
Safety Sign is a road sign that provides the driver with advice about the safe use of a road.
Schedules means the document(s) entitled schedules, completed by the Contractor and submitted with
the Letter of Tender, as included in the Contract. Such document may include the Payment Schedule,
data, lists, and schedules of rates and/or prices.
Separable Portion means any part of the Contract Works specified in the Particular Conditions (PC) or
agreed between parties as required to be completed to the requirements of substantial completion for
payment purposes only
Site means the places where the Permanent Works are to be executed and to which Plant and Materials
are to be delivered, and where the intended Services under the Contract are to be performed, and any
other places as may be specified in the Contract as forming part of 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 Project Manager.
Structure is any bridge, culvert, sign gantry, earth retaining structure or other designated structure.
Temporary Works means all temporary works of every kind (other than Contractor‘s Equipment)
required on Site for the execution and completion of the Permanent Works and the remedying of any
defects
Tender (or Bid) means the Letter of Tender and all other documents which the Contractor submitted
with the Letter of Tender, as included in the Contract
Tests after Completion means the tests (if any) which are specified in the Contract and which are
carried out in accordance with the Specification after the Works or a Section (as the case may be) are
taken over by the Employer.
Tests on Completion means the tests which are specified in the Contract or agreed by both Parties or
instructed as a Variation, and which are carried out under GC Clause 20 before the Works or a Section
(as the case may be) are paid for by the Employer.
Time for Completion means the time for completing the Works or a Section or Separable Portion (as
the case may be) under GC Clause 10.2 and as stated in the Contract Data (with any extension under
GC Clause 64.1), calculated from the Start Date for the Contract Year. The Start Date is defined in the
PC.
Traffic growth factor is the factor used to describe the annual growth rate of traffic volume on a
roadway.
Unit of Work is any base unit of measurement of a standard job (e.g. metre, square metre).
Works are what the Contract requires the Contractor to construct, install, and turn over to the
Employer, as covered under Rehabilitation Works, Improvement Works and Emergency Works. These
can be the Permanent Works and the Temporary Works, or either of them as appropriate.
Windrow means a longitudinal row of graded or heaped material.
1.2 Basic Concept of Road Asset Management with Output and Performance Based Road Contracts
(OPRC).
Output- and Performance-based contracting for Roads 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 needs of road users, over the entire period of the contract which is normally several
years. 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.
In traditional road construction and maintenance contracts, the Contractor is responsible for the execution of
works which are normally defined by the Road Administration or 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 his turnover and profits.
Even if the work is carried out according to plan and considerable 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. In many
cases the roads do not last as long as they should because of deficiencies in the original design, aggravated by
inadequate maintenance.
The OPRC as a model for road asset management is similar to Design, Build, Maintain, Operate and Transfer
(DBMOT) model of contracts which 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 Rehabilitation of the road to pre-defined
standards, the maintenance service of ensuring certain Service Levels on the roads under contract, and specific
improvements, all represented in outputs or outcomes, expressed in Service-Levels criteria. A lump-sum
periodic remuneration paid to the Contractor will cover all physical and non-physical services provided by the
Contractor, except for unforeseen emergency works which are remunerated separately. In order to be entitled to
these periodic payments, 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 periodic payment remains the same as long as the required
Service Levels are complied with.
A fundamental feature of the OPRC is that the ―Contractor‖ must not necessarily be a traditional works
contractor, but can be any type of firm or business venture ―Contractor‖ 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 user‘s perspective and from a
―strength of the pavement‖ point of view and may include factors such as, riding comfort, safety features,
residual strength of pavement, etc. If the Service Level is not achieved in any given month, the payment for that
month may be reduced or even suspended.
Under the OPRC, 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
well 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 Contractor 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 specifications and environmental and social
regulations, the Contractor is entitled to independently define (within the limits indicated in the schedule of
payment): (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. The Contractor will be responsible for the detailed
design of the rehabilitation and other consequent phases included in the life-span of the project (the Contractor
is not entitled to any payment for the design). The Design Standards and specifications shall be recommended
by the Project Manager and meet at least the minimum specified design standards The bidder can propose
higher standards if it serves better his optimal Programming for the project designed for 10 years period.
The project managing triangle is composed of the Employer, Contractor and the Project Manager from the
Monitoring Consultant.
Maintaining a road network includes both routine and periodic tasks. Routine 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 grading, drainage work,
resurfacing, asphaltic 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.
Minimum road conditions and Service Levels are defined through output and performance measures, and these
are used under the OPRC to define and measure the desired performance of the Contractor. In the OPRC, the
defined performance measures are thus the accepted minimum thresholds for the quality levels of the roads for
which the Contractor is responsible.
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, which can be expressed in terms such as:
• Road Roughness
• Road and lane width
• Rutting
• Skid resistance
• Vegetation control
• Visibility of road signs and markings
• Availability of each lane-km for use by traffic
• 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)
(b) Road Durability measures, which can be expressed in terms such as:
• Longitudinal profile
• Pavement strength
• The extent of repairs permissible before a more extensive periodic maintenance treatment is
required
• Degree of sedimentation in drainage facilities
(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 tenders can price the work).
Together the performance measures define the minimum acceptable Service Level for the particular road. In
setting the measures various criteria (both technical and practical) need to be carefully considered, such as (i)
traffic volume and composition, (ii) urban vs. rural roads (iii) flat, hilly or mountainous terrain, (iv) subgrade
quality and type, (v) quality of available construction materials, (vi) capacity of available contractors, (vii) any
environmental constraints, such as protected areas, parks, forest reserves, etc. However, probably the most
important criterion is the question of what Service Level can be afforded and economically justified for the road
in question.
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 OPRC model, 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.
The beneficiaries of the new concept are expected to be the road users, the Road Administration, and the
contractors or other private sector enterprises. In a wider sense, future generations will be able to benefit from a
better preservation of past investments in roads. Road users will be able to know the Service Level they can
expect in return for the payments they make for the use of the infrastructure (tolls, tariffs, user fees, taxes, etc.).
The Road Administrations should benefit by obtaining better overall road conditions at the same levels of
expenditure. For contractors and other private sector enterprises, the new type of contracts should open up new
business opportunities, in which longer contract periods provide a more stable business environment, and for the
establishment of true Public-Private Partnership relations. However, it may be the future generations who will
perhaps benefit most, since they will not have to pay for the reconstruction of roads destroyed because of a lack
of maintenance today.
Output- and Performance-based Road Contracts as the model for road asset management transfers a significant
burden of risk onto the contractor. It is important that this burden is both equitable and within the capacity of the
industry. The contract defines the risk profile carried by the contractor arising from storm events, legislation
changes, changes in traffic volumes, and roadside development.
Some emergency works should always be foreseen. Those are meant to remedy unexpected damage which
occurs as a result of extraordinary natural phenomena, and which affect the normal use of the road network, or
the safety and security of the users. For emergency works, the contract limits the responsibility of the
Contractor, establishing that the Employer will approve execution of services and separate remuneration based
on specific amounts proposed by the Contractor for each case, on the basis of volume of works estimated at each
time and on unit prices included in the bid and in the contract.
The agreed periodic payment for 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 Periodic Payment Report, 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 (supervision/monitoring
consultant) 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.
This is for the: Procurement of Contract under Output and Performance based Road Contract (OPRC)
for Improvement, Rehabilitation, Resurfacing & Routine Maintenance works of Roads of Sangrur-
Mansa-Bathinda Contract Area.
The area under contract falls in the jurisdiction of the Sangrur, Mansa & Bathinda districts of the State
of Punjab (India).
Sangrur-Mansa-Bathinda Contract
Road
Length
Section Road Section Name Classification
(kms)
No.
S1 Sangrur-Sunam: (MDR21) MDR 11.30
S2 Bhawanigarh - Sunam - Bhikhi – SH13 SH 106.13
Intersection – Kotshamir: (SH12A)
S3 Barnala – Mansa: (SH13) SH 7.29
S4 Mansa - Talwandi Sabo (upto intersection ODR 24.97
with B8) :(ODR9)
S5 Dhanaula – Bhikhi: (MDR14) MDR 25.34
B8 Bathinda - Kotshamir - Talwandi Sabo (upto SH 28.65
intersection with S4): (SH17)
Total Contract Road Length - km 203.68
A map of the area showing the location of above mentioned roads is provided in Appendix 1.
Additional information on location, topography, climate, vegetation, adjacent land use, hydrology etc.
is also available in Appendix 1.
a) To increase the efficiency and effectiveness with which the management and maintenance of the
road network is carried out.
b) To maximize the value for money being spent on the development and maintenance of the road
network
c) To improve the condition and safety of the road network for the benefit of its users
d) To proactively maintain the condition of the road network within the right of way using planned
strategies and best practices available.
This is a Lump Sum (LS) Contract, which includes all physical works, activities and services necessary
to manage 203.68 km of roads, indicated in the BDS and under Section VI: 1.3 Contract Area.
The Payment Schedules (for respective Components of the Contract) set out the minimum quantity of
work in kilometres that must be completed each year within the tolerances set out for each year.
iii.Other potential capital improvement works not included or intended in the conceptual designs and
not included in the bidding documents but identified afterwards which have the potential to
significantly benefit road users and/or the Employer over the life of the asset. This also includes
the works undertaken to comply with Environmental and Social Framework (Section VI Part 2B).
At the sole discretion of the Employer such additional improvement works would be undertaken
as a variation to the contract.
iv.All network performance works and associated activities such as pavement surfacing, shoulder
and drainage maintenance, routine bridge and minor structure maintenance, sign maintenance,
pavement marking, raised reflectorised pavement marker and marker post maintenance,
vegetation control, rubbish and litter removal (except those sections where already some
department / agency has the responsibility to do so, mostly in built up sections under the
jurisdiction of local bodies (such as Municipal Corporation, Municipal Council, Nagar
Panchayat, Gram Panchayat etc.),accident damage reporting and emergency works as required.
v.Providing appropriate resources to respond to all unplanned incidents which can cause obstruction
to the normal flow of traffic on the road (e.g. Road accident, flooding, oil spillages, etc.).
vi.Structural repairs to bridges and large culverts required to maintain or re-store overall structural
integrity of its major components are excluded from scope.
Contract Scope also includes all activities and services associated with:
iii.Proactive compliance of conformance measurement and performance systems, and achieving the
Performance requirements
v.Assisting the Employer and Project Manager with the development and implementation of a Ten
Year Forward Works Programme (10 yr FWP), and associated maintenance management strategy
for the contract‘s roads.
To execute the Works and Services under this Contract, the Contract is deemed to be sub-divided into
the following major components,
(d) EMERGENCY WORKS: consisting of 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, such as strong storms, flooding, and earthquakes.
Key Stakeholders responsible for the successful execution of the Contract are,
(a) Employer: the Employer, his representative(s) and staff working in respective offices associated
with the administration of the Contract,
(b) Contractor: the Contractor‘s authorised representative(s), Contract Manager, Key
Professionals, and all the (human) resources provided by the Contractor for the execution of the
Contract,
(c) Monitoring Consultant: the Monitoring Consultant‘s authorised representative(s), Project
Manager, Key Professionals and other (human) resources provided by the Monitoring
Consultant for monitoring of the Contract. Project Manager shall be the team leader of the
Monitoring Consultant‟s team and any reference to the Project Manager in this Contract shall
be deemed to be made to the Monitoring Consultant, unless otherwise indicated by the
Employer.
(d) Other Entities: Local Relationship Committee (LRC), Employer‘s Independent Auditor. For
details, refer Appendix 5.
The roles and Responsibilities of the Key Stakeholders are also listed in Appendix 5.
2. WORKS
2.1 Improvement Works
2.1.1 Definition
Works consisting of a set of specific improvements indicated in these Specifications to add new
characteristics to the Roads in response to existing or new traffic, environmental, social and safety or
other considerations.
Road sections identified for improvements during the first Three (3) years of the contract have been
scheduled by the Employer. The required length of work to be completed by the Contractor shall be
within the tolerances specified for each year of the Annual Asset Preservation Quantity as outlined in
8.2.1.
2.1.2 Road Sections under Improvement Works
Road Sections included in the Improvement Works Component of the Contract are as follow and
require the widening of Road Section S2 from the existing 7.0m nominal width to 10.0m and S4 from
existing 5.5m nominal width to 10.0m including all required drainage, safety and intersection
improvements.
Indicative
Conceptua
Current Propose Traffic
Av. l Design
Road Treatment Road Length Paved d Paved Loading
ROW Section
Sections No. (km) width width Group
(m) (refer
(m) (m) (MSA)
Appendix
2)
S2 SH-12A: Bhawanigarh - Sunam - Mansa - Kot Shamir
NH64 (Bhawanigarh) to 35.2 -
S2 16.06 7 10 B1, B2, B3 100
NH71 Intersection 38
NH71 Intersection to 35.2 -
S2 6.30 7 10 B1, B2, B3 100
24.6 km (Sunam) 45.43
35.2 -
26.4 km to 28.6 km S2 1.40 7 10 B1, B2, B3 100
45.43
35.2 -
28.6 km to 45.22 km S2 16.62 7 10 B1, B2, B3 100
45.43
45.22 km to SH13
Intersection S2 22.62 >35.20 7 10 B1, B2, B3 100
(Harisinghwala Chowk)
SH13 Intersection
(Harisinghwala Chowk) S2 11.16 45.72 7 10 B1, B2, B3 100
to km 79
km 79 to Kotshamir
S2 12.00 45.72 7 10 B1, B2, B3 100
(Bathinda District)
km 79 to Kotshamir
S2 17.77 45.72 7 10 B1, B2, B3 100
(Bathinda District)
S4 ODR-6/9 Mansa - Talwandi Sabo (upto intersection with B8)
ODR9 Mansa to
Talwandi Sabo (upto S4a 24.97 25.15 5.5 10 E1,E2 50
intersection with B8)
Total (km) 128.90
5 0
6 0
7 0
8 0
9 0
10 0
Contract Total 128.90km
Each road section in the contract shall be included for construction either as Improvement
Work or as Rehabilitation Work, in the entire contract cycle.
Note: The Employer requires that the Contractor completes the following road sections as a
priority before the end of the following years:
2.2.1 Definition
Rehabilitation is defined as the treatment (including any recycling of in-situ pavement materials)
across the full width of pavement, including shoulders, over a continuous length of at least 100
metres.
The confirmed sections of the Road(s) requiring Rehabilitation works are to be advised by the
Contractor for each year of his rolling 3 year Forward Work Programme. The required length of
work to be completed by the Contractor shall be within the tolerances specified for each year of
the Annual Asset Preservation Quantity as outlined in 8.2.1.
A profile corrective course (PCC) shall be considered in each Rehabilitation option where
necessary to achieve the corrected final profile as per the Conceptual Design of that section.
The intent of this contract is to have all of the pavements within the network rehabilitated
once during the term of the contract i.e. each road section in the contract shall be constructed
either as Improvement Work or as Rehabilitation Work, in the entire contract cycle.
Indicative
Current Conceptual Traffic
Proposed
Road Treatment Road Length Av. ROW Paved Design Cross Loading
Paved
Sections No. (km) (m) width Section Group
width (m)
(m) (refer (msa)
Appendix 2)
Indicative
Current Conceptual Traffic
Proposed
Road Treatment Road Length Av. ROW Paved Design Cross Loading
Paved
Sections No. (km) (m) width Section Group
width (m)
(m) (refer (msa)
Appendix 2)
NH-64
10.06 -
Dhanaula to S5 6.34 5.5 5.5 F1,F2 50
20.13
SH-12A Bhikhi
B8 SH-17: Bathinda - Kotshamir - Talwandi Sabo (upto intersection with S4)
Bathinda to
Kilometre Stone B8 5.80 30.05 14.5 14.5 D 50
15
Kilometre Stone
15 to Talwandi B8 15.57 30.05 10 10 C1, C2 50
Sabo
Talwandi Sabo B8 2.23 30.05 14 14 D 50
Talawandi Sabo
to Intersection B8 5.05 20.13 10 10 C1 50
with S4
Total (km) 74.78
2.3.1 Definition
Resurfacing is defined as laying of wearing course across the full width of pavement, over a continuous
length of at least 100 metres.
The confirmed sections of the Road(s) requiring resurfacing works are to be advised by the Contractor
for each year of his 3 year rolling Forward Work Programme. The required length of work to be
completed by the Contractor shall be within the tolerances specified for each year of the Annual Asset
Preservation Quantity as outlined in 8.2.1.
The Contractor shall follow its own Programme over the location and execution of the Resurfacing
Works, but shall be entitled to payment for Resurfacing Works only after carrying out the minimum
quantity of substantially completed Resurfacing Works.
The intent of this contract is to have all of the pavements within the network resurfaced once
(excluding the resurfacing as part of the Improvement and Rehabilitation Works) during the term
of the contract.
The annual quantities to be completed for each year of the contract are listed below.
Contract Year Total Length of Resurfacing
Works (Centreline km)
1 34.2
2 0
3 0
4 11.3
5 23.6
6 10.2
7 0
8 56.0
9 68.3
10 0
Contract Total 203.68km
The annual quantities provided in Section IV: Bidding Form / Payment Schedule / Resurfacing Works
shall be the basis for the Resurfacing component of the Annual Quantity of Preservation Works unless
otherwise agreed with the Employer.
The Resurfacing Works are to be constructed as per the design requirements detailed in these
Specifications.
Payment of the Resurfacing Works shall be made after completion of minimum linear length of the
road section, measured as centreline kilometre. Refer Section 17-Payments of these Specifications.
Total Payment for the Resurfacing Works under the Contract shall be restricted to the total length
(203.68 km) of road sections of Resurfacing Works indicated above and in Section IV: Bidding Form /
Payment Schedule / Resurfacing Works. All other resurfacing Works, if required to be executed under
the Contract, are deemed to be covered in the Lump Sum price of the Bidder.
3. EMERGENCY WORKS
3.1 General
During the execution of the contract, it may be necessary to undertake some works to repair damages to
the roads caused directly by unforeseen natural phenomena occurring either in the Contract Area or
elsewhere, but with a direct impact on the road network. Emergency Works may also comprise other
unforeseen incidents that may occur on the network. All such works are deemed as ‗Emergency
Works‘.
• Scour of major culverts or bridge abutments and/or piers to the extent that their structural
integrity is at risk (Emergency Work may be limited to temporary repairs to reinstate traffic
access).
In case of an Emergency event, initiated by any party, the Project Manager will issue a Work Order for
Emergency Works (Refer to Appendix 8) to the Contractor. The Project Manager, 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, the estimated quantities and 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.
(a) keep the Project Manager informed about the status of such emergency events including the
duration of occurrence
(b) document the circumstances of the Emergency event and the damages caused, through
photographs, video and other suitable means
(c) 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.
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) to maintain the road
open during emergency works, without being entitled to a specific compensation for those measures.
This relates particularly to 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, etc.
Any activity, carried out for Emergency Works, which has or may have an Environmental or Social
Impact should comply with the Environmental and Social Framework (Part 2B of these Specifications).
The Contractor shall not be entitled to any consequential damage arising from any ―Unforeseen Natural
Phenomena‖ as entitlement to Emergency Works. In the event that the Contractor considers any such
consequential damage is adversely impacting upon his ability to meet his obligations and the
performance criteria under this contract he shall preferably present a detailed case to the CMB for
resolution in the first instance before seeking resolution through the other dispute mechanisms provided
under this contract.
The threshold values for minor repairs as a result of a single agreed Emergency Event are as shown in
the table below:
4. PROGRAMMING OF WORKS
4.1 General
This section explains the requirements for Programming under this contract specifically for the
Improvement, Rehabilitation and Resurfacing Works.
The Contractor shall submit his programmes to the Employer detailing the various activities and works
to be carried out under the Contract including any imposed milestones, within the agreed time frames.
All Programmes should be able to demonstrate the Contractor‘s intention and capability to complete
the works within the required Contract Completion times
The programmes shall assist the Project Manager in monitoring the Contractor‘s progress and his
future planning. This programme shall form the basis of his assessment of any applicable extensions of
time and the effect of delays on the completion of the work activities. The programme must show all
milestones required to be met during the various construction phases.
The Contractor‘s programmes must:
a) Provide information to the Employer regarding the Contractor‘s planned activities, his current
resourcing, critical path / activities, milestones, plan for obtaining regulatory clearences /
permissions etc.
b) Promote whole-of-life cost effective maintenance works so all Performance Criteria are
achieved
c) Include reporting requirements, (including where necessary grievance handling) and progress
with the maintenance needs of the contracts roads.
d) Include schedule of assessments to be undertaken for compliance of Environmental and Social
Framework
e) Provide information on the activities requiring clearances / assistance from external agencies
for diversion of forest land, tree cutting, land acquisition and shifting utilities and / or CPRs
etc.
f) Provide sufficient information for the Employer to respond to the requests from other
Governmental Agencies, community and road user issues
g) Make sufficient allowance for adverse events such as inclement weather conditions
h) Manage all known risks along with an assessment and mitigation of any potential or emerging
risks
i) Take into account all reasonably foreseeable allowances for planned events, such as known
annual or seasonal fairs/melas, festivals, processions, harvest daily/ weekly haats/markets and
political events
j) Be prepared and submitted, both in electronic & printed form, using agreed project
Programming software such as MS-Project or Primavera. Such software shall be capable of
producing programmes and information that complies with the requirements of this clause and
shall be in a format that can be read by commercially available proprietary software.
4.2 Programme Development
The following programmes shall be produced by the Contractor.
4.2.1 Initial Annual Programme
An initial programme for the first 12 months of the contract, describing the planned works. This
Programme should be submitted within one (1) month of signing of the Contract Agreement to the
Project Manager for acceptance.
4.2.2 Updated Annual Programme
Thereafter, updated Annual Programme(s) shall be submitted to the Project Manager for acceptance at
least one (1) month before the end of each year of the Contract.
This Annual Programme shall be completed at the end of each of the remaining years of the contract
and shall describe the planned works for the following year.
4.2.3 Rolling Three Year Programme
A rolling programme that details the location and extent of all identified Improvement Works,
Rehabilitations and Resurfacing Works proposed to be executed over the following three years. This
submission shall be made with each annual programme.
4.2.4 Agreed Additional Works Programme
A programme clearly showing the milestones and due date for completion of any agreed additional
works, to be undertaken under this contract. The Contractor shall provide this programme within 14
days of receiving notification from the Employer to proceed with the works.
4.3 Acceptance of Programmes
Except for the Initial Annual Programme for the first year of the Contract, the Project Manager shall
confirm his acceptance or rejection of the submitted programme to the Contractor within two weeks of
receipt of the Programme, or revised Programme. For the Initial Annual Programme, this time period
shall be one (1) month.
For rejected Programmes, all the revised submissions of the Programme(s) shall be made by the
Contractor to the Project Manager within two (2) weeks of the receipt of the comments from the
Project Manager.
If no further comments are received from Project Manager within two weeks these programmes shall
be the deemed as Accepted programme.
The Contractor shall keep a record of the actual progress with the Accepted Programme, and save it at
least monthly for record purposes. If there is change of scope, or the works are delayed when compared
with accepted Programmes, the Contractor shall submit revisions to the Accepted or Updated
programme(s), when requested by the Project Manager.
Acceptance by the Employer or Project Manager of the Contractor‘s programme does shall not relieve
the Contractor from its responsibility for executing and maintaining works and services as per the
requirements and specifications of the Contract. The Contractor at all times shall remain responsible for
the construction of the Works in accordance with the Clause 11 of the General conditions of contract.
4.4 Forward Works Programme
The Employer and the Project Manager will develop and maintain a 10 year Forward Works
Programme (FWP). This will outline the proposed work for the Contract for each of the next 10 years.
To ensure the 10yr FWP is robust and incorporates the Contract‘s planned programmes, the Contractor
shall assist the Employer and the Project Manager by providing input and help with the programme‘s
field validation and to ensure it matches with the Contractor‘s Rolling Three Year Programme.
4.5 Non-Conformance
The submission of the Contractor‘s Programmes within agreed timeframes is deemed as one of the
Management Performance Measures under the Network Performance Component of the Contract, and
non-conformance of which can result in deduction of payments due to the Contractor under this
component (Refer Section 14: Management Performance Measures of these Specifications).
5. DESIGN OF WORKS
5.1 General
This section explains the requirements under the contract for designing the Improvement,
Rehabilitation and Resurfacing Works.
The Employer has specified the expected service life and geometric standards to be achieved by the
required Works within this contract.
The design of the most cost effective long-term treatment is paramount to restoring the required level
of service (condition) for any asset component. The Contractor is required to explore and recommend
the most appropriate pavement design and resurfacing design for all required pavement rehabilitations
and improvement works which provides the required outcome, yet provides an advantage to the
Employer, the Road User and the Contractor in terms of enhanced performance (increased lifecycle),
construction timeframes, and/or environmental considerations.
The Contractor is solely responsible for completing the detailed design of the defined Improvement
Works, Rehabilitation Works and Resurfacing Works in accordance with the intent of the Contract and
the scope of the Conceptual Designs (refer later in this Section). This includes, where necessary, the
detailed pavement design and any associated drainage and safety works including culvert extensions.
Appendix 3 lists the standard IRC specifications and publications that also form part of the
specifications but are not reproduced in the Contract Documents.
A number of the MORT&H Clauses and standard IRC Specifications applicable to this contract also
contain method-based sections relating to work or construction practices. Should any conflict arise with
the application of these specifications to the delivery of outputs by the Contractor, the Contractor shall
seek clarification from the Project Manager or Employer.
• Any construction requirement to comply with the Environmental and Social Framework (Part2-B of
these Specifications).
• Specified pavement and surfacing design criteria.
• General signage and delineation requirements including all new signage and delineation necessary to
achieve current design standards.
• All necessary diversions and detours required to adequately manage the traffic throughout the
duration of the construction phase.
• Where appropriate protection of pedestrians and other vulnerable road users.
The final design drawings and associated construction details must include the following as a
minimum:
• Topographical Survey plan indicating all relevant features, position of known services, and the
required improvements to the carriageway.
• Cross sections at appropriate chainages to confirm geometric construction details and shoulder
formation including access to private properties (if required) and re-construction of intersections.
• Additional construction details specific to the site to clearly show all required drainage, existing
culvert extensions, new culverts (where additional transverse drainage capacity is evident or
determined) safety, signage, lighting, and pavement marking requirements.
• Pavement and surfacing design details clearly indicating the depths of the various construction layers
and material specifications.
• The position of all relocated services.
• The location, layout and signage of all required traffic diversions.
• Areas to be re-vegetated post construction.
5.4 Traffic Loading Groups
The Contractor shall use the following Traffic Loading Groups for the detailed pavement designs of
respective road section.
Where the Contractor has evidence that a section of the road is sustaining excessive axle-loads he shall
be required to do the following:
• Submit to the Project Manager a detailed, comprehensive plan, for conducting traffic axle-load
surveys, based on representative counts, in accordance with AASHTO 1993 specifications. The
location of the counting points and weigh-stations shall include at least those locations used for
previous counts within and either side of the road section in question –refer Appendix 1 Section
1.7. This survey is required to:
(a) Assess the vehicle damage factors applicable to the project road section
(b) Assess the pattern of loading and overloading that is prevalent on the road section over the
time frame that the overloading is occurring (if seasonal)
• After the approval of the Project Manager to the above plan, the Contractor shall execute the traffic
/axle load counts accordingly.
If the comparison shows an overall increase of more than 15% above the design loading group for that
road section, and there is sufficient evidence of additional maintenance costs being incurred, the
Contractor can submit a detailed Periodic Statement for the additional maintenance costs being
incurred.
In case the Contractor is entitled to compensation, the Project Manager after analysis of the claim shall
make suitable recommendation to the Employer. Subject to the Employer‘s agreement, the Contractor
will be entitled to the following variations:
• Payment for an agreed increase in his Network Performance Payment which reflects the total cost of
the additional maintenance required to meet the specified service levels including the cost of Axel
Load survey
• Undertake a rehabilitation of the affected pavement sections with a revised pavement design allowing
for the increase in traffic loading.
The timing of the additional payments or additional Rehabilitation will be agreed by the Employer as
soon as reasonably practical following acceptance of the Contractor‘s claim.
[Note: Allowing for 75% capacity only over the two dual tyre axles gives a load of 18.75 tonnes per
Single dual tyred axle, or 37.5 tonnes per Tandem dual tyred standard axle equivalent, compared to the
Standard Axle load (ESAL) of 8.2 tonnes (or 18 kips as described in AASHTO 1993) or 13.8 tonnes
for the Tandem Standard Axle. The damage effect of the overweight axle case comes from the 4th
Power Law (as adopted in Annexure 2 of IRC: 37). Ignoring the weight of the truck itself, and using
the 4th Power Law, this rig is equivalent to between 52 and 55 Standard Axles. This compares to the
average value of 3.5 Standard Axles per HCV recommended in IRC:37].
The following series of pavement construction profiles for each loading group are to provide Bidders
with a basis for their Lump Sum price for the minimum acceptable design solution for the rehabilitated
pavements within the contract area.
Solutions for both conventional (unbound granular aggregate) overlay and cement modified (stabilised)
pavement design have been provided. The left-hand axis indicates the layer depths (mm) with respect
to the existing pavement surface (0mm).
The Contractor must still make his own assessment of the pavement design requirements based
upon their intended approach to pavement construction, the range in material properties and
any other applicable site specific conditions when determining their detailed design on each road
section.
However Bidders shall ensure that where an Asphaltic Cement overlay treatment is proposed over any
existing bituminous surfacing that is already cracked that the thickness of this new surfacing layer shall
be greater than 175mm to mitigate the risk of reflective cracking.
Note: In the following pavement profiles the left hand vertical axis is shown in mm with 0mm
indicating the level of the existing pavement surface. The Bitumen Bound Surfacing shown in the
profiles includes Asphaltic Cement, DBM and similar mixes.
New
Overlay
New
Overlay
New
Overlay
New
Overlay
New
Overlay
All new pavement materials shall comply with the requirements of IRC:19:1977, IRC:27:1967,
IRC:109:1997 and IRC:111:2009 specifications or as agreed with the Project Manager. Where re-use or
recycling of in-situ pavement materials is proposed as a treatment, material specifications for the
additional material to be incorporated into the recycled pavement shall be detailed in the Contractor‘s
pavement design to be submitted for approval from the Project Manager.
The Employer wishes to encourage cost-effective pavement recycling and reuse of surface and
pavement materials where ever possible.
Designs shall be developed using general mechanistic procedures and are to be based in all cases on
site specific investigations that confirm the actual design subgrade CBR and existing pavement
structures (including an assessment of the contribution the existing pavement can make to the
rehabilitated pavement). The Contractor must verify the properties for the materials (e.g. unbound
granular, cement stabilised granular and bitumen bound surfacing materials) to be used in the
construction works.
The Contractor shall obtain and use the most current traffic count data (to be collected by Contractor)
for the design of the Contract Area‘s pavements and surfacing.
5.7.1 Improvement & Rehabilitation Works
All new pavements and resurfacings constructed under Improvement Works shall meet the
requirements of Section 14.8 outlining the requirements for the Detailed Design and Construction
Methodology performance measure (MPM-6).
The Contractor is to provide certification, from his Professional Design Engineer that all new or
rehabilitated pavements will achieve an expected minimum service life (10th percentile age at the time
of their next rehabilitation) of 15 years. This shall be determined using a rational design method that
takes into account the expected traffic increases over the service life of the pavement.
The design shall also make allowance for any expected overloading of the pavement during its service
life. The Contractor is to verify that the surfacing material to be applied to all new and rehabilitated
pavements will achieve the Level of Service requirements of this contract.
The Contractor shall consider the implications of the expected service lifecycle, and ensure that it will
result in the lowest whole-of-life cost to the Employer when compared to other viable treatments that
will be subsequently required beyond the term of this contract.
The Contractor will need to pay particular attention to the following aspects when developing project
design solutions:
• Design subgrade CBR, and the likely range of subgrade conditions for each site, including the effect
of climate on subgrade conditions. Normally the design subgrade CBR will be based on ―soaked‖
CBR test results
• The extent and capacity of the existing pavement materials and structures to support the proposed
rehabilitation solution
• The design traffic loading and any ―local‖ factors such as overloading (refer to Section 5.4.1
above).
• The strength and performance characteristics of the proposed construction materials.
• The determination of design modulus from measured modulus using the Indirect Tensile Test is
required at the design stage including consideration of the stiffness of the individual ―mixes‖ used
to construct the overall bitumen bound surfacing layer or layers; with the underlying mix
volumetrics based on cored samples being used to verify construction outcomes.
• The management of the traffic throughout the course of the construction with the objective of
minimising disruption. Where traffic diversions or detours are planned, the Contractor shall ensure
all adjacent businesses and land owners affected are informed and any concerns addressed, the
required traffic safety and management plan is prepared and implemented.
It is recommended that for proposed Bitumen Bound mixes the Contractor use the Latest MORT&H
Specifications/IRC Standards & specifications. However any other internationally recognised
alternative design procedures may be adopted where the Contractor can confirm their applicability to
the design requirements of this contract.
• The Contractor shall pay particular attention to the strength and performance characteristics of the
materials used for all surfacing construction and in particular the resistance of the mix to fatigue
cracking.
• The design and verification steps outlined under the Rehabilitation Description section above
which are applicable to the resurfacing components shall also apply to all resurfacing works.
Particular attention shall be applied to ensure all required bitumen binder quality and percentages
are present in all mixes that are laid.
5.8 Specific Design Criteria
• 15 year minimum expected pavement service life (10th percentile pavement age at the time of
the next rehabilitation) for respective specified Traffic Loading Group (refer Section 5.4 above).
• All designs and material specifications shall conform to the requirements of relevant IRC
specifications and the MORT&H Specifications for Road and Bridges Works (Latest Edition),
unless otherwise agreed with the Employer/Project Manager.
• The lines and levels of any pavement construction shall match those of adjacent access ways or
intersections, with a smooth transition and no disruption to drainage or run-off
• Include the geometric design of all pavement sections
• Include the design of all earthen embankments and retaining walls where necessary, cut sections,
associated drainage works and where necessary ground improvements to ensure sufficient
stability.
• Any significant intersection improvements shall be designed having regard to flow, speed,
composition, distribution and future growth of traffic. The design shall be specific to each site
with due regard to physical conditions of the site. The design of different elements of intersection
shall comply with IRC:SP:41 "Guidelines on Design of At-grade Intersections in Rural and Urban
Areas" MORT&H-Type Designs for Intersection on National Highways may also be referred to,
wherever required to develop suitable layout and design of At-grade Intersections
• Intersection control (Stop, Give Way or un-controlled) shall be clearly shown and accepted by the
Project Manager and Employer.
• The profile corrective course (PCC) shall not form part of the overlay thickness. Where the
maximum thickness of the profile corrective course is not more than 40 mm it shall be constructed
as an integral part of the overlay course. In other cases, the profile corrective course shall be
constructed as a separate layer. Where it is to be laid as an integral part of the
overlay/strengthening course, the profile corrective course material shall be of the same
specifications as that of the overlay/strengthening course.
• The identification and planned correction of any minor geometric deficiencies such as inadequate
cross-fall or super-elevation on horizontal curves that will be undertaken during the pavement
rehabilitation. In general, the ruling design speed shall be adopted for the various geometric
design features of the road. The design speed adopted shall be clearly indicated in the detailed
design proposal and accepted by the Employer/ Project Manager
• The vertical alignment should provide for a smooth longitudinal profile. Grade changes shall not
be too frequent as to cause kinks and visual discontinuities in the profile
• A minimum surfacing thickness of 50mm shall be used in all designs.
• Expected average pavement surfacing service life of 7 years with the target minimum texture
depths post construction shall be designed for.
• All Improvement works shall conform with the intent of the Conceptual Designs including any
safety improvements, lighting installations, pedestrian crossings, crash and pedestrian barriers
(including wire rope barriers) or intersection improvements identified from previous studies or
known accident black spots
• The extension or renewal of existing drainage structures shall provide the capacity to carry design
1 in 100 year return period rainfall events without overtopping unless otherwise agreed with the
Project Manager.
• The overall width of all new culverts shall be equal to the roadway width of the approaches. The
outer most face of railing/parapet shall be in line with the outer most shoulder edge.
• The reinstatement of existing and the design and installation of all new signage shall meet the
requirements of the road category. Where appropriate overhead gantries supporting multiple signs
should be considered in preference to multiple signs at ground level which may result in clustering
and distraction to drivers. All sign support foundations shall be designed in accordance with
accepted loading codes and shall have frangible bases unless sufficiently beyond the carriageway
clear zone
• The sign posts, their foundations and sign mountings shall be constructed to hold these in a proper
and permanent position against the normal storm wind loads or displacement by vandalism. Sign
supports may be of mild steel, reinforced concrete or galvanized iron (G.I.), but all signs shall be
firmly fixed to the ground by means of an appropriately designed foundation. The design of the
foundation shall conform to relevant IRC or PWD Specifications, and must be resistant to theft or
vandalism
• The reinstatement of any existing or the marking all Pavement Markings shall meet the
requirements of the road category
• The reinstatement of any existing fencing or walls removed as part of the widening. The reinstated
fence or wall will be to the same general standard as that removed unless otherwise agreed with
the adjacent landowner and the Project Manager. Any significant improvement in the standard of
boundary fences or walls that is required shall be treated as variation to the contract lump sum
• The proposed re-vegetation or erosion protection (including where necessary any siltation traps to
be established during construction) shall be clearly indicated on the detailed designs.
• The design, implementation, management (under the agreed Traffic Management Plan) of all
necessary traffic diversions required during the course of the contraction works, including their
eventual removal and reinstatement of any adjacent land or pavements.
• The Contractor shall pay particular attention to the construction of transition ramps from any new
construction on to existing pavement level. A minimum transition ratio of 1:40 (V: H) is
recommended.
The final detailed design and construction method, verified and certified by the Contractor‘s
Professional Design Engineer as meeting the specified performance outcomes, must be submitted to
the Project Manager no later than 2 months before the commencement of the planned
construction date.
All new pavement and new surfacing design criteria are the same as those specified for Rehabilitation
Works below.
The Contractor must advise the Project Manager if the proposed design does not meet the requirements
of the IRC:73:1980 or IRC:86:1983 Geometric Design Standards, and what is proposed to mitigate
any risk over any potential safety deficiencies.
Designs must include all necessary safety improvements such as pedestrian crossings and pavement
super-elevation on curves.
Where the Contractor identifies appropriate safety improvements beyond those indicated on the
Conceptual Designs, he shall prepare a price for these and submit this to the Project Manager for his
acceptance. Subject to acceptance, these improvements shall be paid as variation to the Lump Sum
price.
5.8.2 Rehabilitation Works
All Rehabilitation Works shall be designed to meet the following minimum criteria:
• 15 year minimum expected pavement service life (15 years is the 10th percentile pavement age at
the time of the next rehabilitation) for respective Traffic Loading Group (refer Section 5.4 above)
• All designs and material specifications shall conform to the requirements of relevant IRC
specifications and the MORT&H Specifications for Road and Bridges Works (Latest Edition)
unless otherwise agreed with the Project Manager
• The detailed cross section geometrics shall, as a minimum, be based upon the conceptual designs
provided in Appendix 2.
• The lines and levels of the rehabilitated pavement shall match those of adjacent access ways or
intersections, with a smooth transition and no disruption to drainage or run-off.
• The identification and planned correction of any minor geometric deficiencies such as inadequate
cross-fall or super-elevation on horizontal curves that will be undertaken during the pavement
rehabilitation. In general, the ruling design speed shall be adopted for the various geometric
design features of the road. The design speed adopted shall be clearly indicated in the detailed
design proposal and accepted by the Project Manager
• A minimum surfacing thickness of 50mm shall be used in all designs.
• Expected average road surfacing service life of 7 years with the target minimum texture depths
post construction
• The reinstatement of existing and the design & installation of any new signage to meet the
requirements of the Road Category
• The reinstatement of any existing or the marking all Pavement Markings to meet the requirements
of the road category
• The extent and capacity of the existing pavement materials and structures to support the proposed
rehabilitation solution
• The design traffic loading and any ―local‖ effects such as overweight traffic
• The strength and performance characteristics of the proposed construction materials
• The design, implementation, management (under the agreed Traffic Management Plan), removal
and reinstatement of all necessary traffic diversions required during the course of the contraction
works.
• The Contractor shall pay particular attention to the construction of transition ramps from any new
construction on to existing pavement level to minimise the generation of unacceptable roughness.
A minimum transition ratio of 1:40 (V: H) is recommended.
The final pavement and surfacing design for all pavement rehabilitations shall be undertaken by the
Contractor and are included in his Lump Sum price. All pavement and surfacing designs shall be
verified and certified by the Contractor‘s Highway Design Engineer as meeting the specified
performance outcomes before being submitted to the Project Manager no later than one month
before the commencement of the planned construction.
• Achieve an expected average service life of 7 years for all new resurfacing with an economic
comparison based on Net Present Value (NPV) to justify the treatment method selected if
treatment lifecycle is less than this target.
• The programme of Quality Control and Testing to be undertaken by the Contractor during and
post construction to verify the design requirements have been achieved.
Contractor must advise the Project Manager if the proposed design does not meet the requirements of
the latest IRC: 73 or IRC: 86 for Geometric Design Standards, and what is proposed to mitigate any
risk with any potential safety deficiencies.
The design for all resurfacing shall be undertaken by the Contractor and is included in his lump sum
price. All designs for resurfacing shall be verified and certified by the Contractor and counter-signed
by the Contractor‘s Highway Design Engineer as meeting the specified performance outcomes before
being submitted to the Project Manager no later than one month before the commencement of
the planned construction date. The details required to be verified and certified by the Contractor‘s
Professional Design Engineer shall include:
• The reasons for the resurfacing proceeding on this section of the Contract‘s roads. If the existing
site conditions mean a traditional surfacing design will not meet the Performance Criteria, the
Contractor must propose an alternative design or a pavement rehabilitation.
• The location, start and end positions, total area (m2) and estimated tonnage of surfacing materials
to be used.
• Surfacing mix designs and test criteria
• A minimum surfacing thickness of 50mm.
• Average texture depth shall not be less than 0.3mm (Built-up) and 0.5mm (rural) Mean Profile
Depth.
• Achieve an expected average service life of 7 years with an economic comparison based on Net
Present Value (NPV) to justify the treatment method selected if treatment lifecycle is less than
this target.
• The Contractor shall allow for a 7.5% per annum projected growth in traffic over the life of
the surfacing.
5.8.4 Other Identified Renewals or Improvements (Where agreed as a variation to the Lump Sum)
For other identified Renewals or Improvements, which are agreed as a variation to the Contract, the
reason, selected treatment, design assumptions/criteria, and design for other Major Asset Renewals or
Improvements must be submitted to the Project Manager by the agreed date. All designs must
conform to appropriate IRC: specifications and best practice design criteria including local standards.
Where site constraints prevent these standards from being achieved the Contractor must clearly outline
what mitigating works are planned to reduce the risks to road users and the Employer.
The following general design specifications apply to this contract unless otherwise agreed with the
Project Manager. The Contractor shall review and include all of the applicable design specifications
outlined below in the development of the detailed designs. These specifications shall be read in
conjunction with the details provided in the Conceptual Designs provided under Appendix 2.
The geometric design of the project roads shall conform to the standards set out in this section as a
minimum. The Contractor shall ensure that liberal geometric standards are followed to the extent
feasibility within the given Right of Way. As far as possible the uniformity of design standards shall be
maintained throughout the length. In case of any change, it shall be effected in a gradual manner.
Existing horizontal curves, which are found deficient in radius, layout, transition lengths or super-
elevation, shall be corrected to the specified standards. Any deficiency in the vertical profile in respect
of grades, layouts of vertical curves and sight distance shall be corrected to meet the minimum
specified requirements.
The geometric standards may be based on IRC SP:73-2001. The salient parameters for the geometric
design of roads suggested are given in Tables 5.9.2.1 to 5.9.2.5.
80 120 m 470 m
60 80 m 300 m
Note: Safe stopping sight distances conform to an object height of 0.15 m and driver‘s eye level of
1.05 m above road.
Design Speed
Particulars (km/h)
100 80 60
Gradient
Ruling maximum 2% 2% 2%
Absolute maximum 3.33% 4% 5%
Design Speed
Particulars (km/h)
100 80 60
Min. K Value (for safe stopping sight distances)
Summit curves 80 m 42 m 18 m
Sag curves 44 m 30 m 18 m
Grade difference not requiring vertical curve 0.5% 0.6% 0.8%
Design Values
Element Characteristics
Ruling Minimum
Widths
Lane 3.5 m* -
Cross-Fall
Cut 2:1
* Add 0.25m on each kerb side to account for kerb shyness.
** At junctions only
Based on the standards the typical cross-sections for application in different common situations and for
assessment of preliminary costs have been developed and have been included under Appendix 2.
Raised or flushed covered drains are to be provided through Built-up areas and the Contractor shall
allow for their inclusion in the detailed designs unless site conditions clearly constrain their
construction or if directed by the Project Manager that they are not necessary at a specific location.
These cross-sections may be modified as per the dispensation process outlined above.
5.9.4 Earthen Slopes Design
The Contractor should allow for earthen shoulder to be composed of subgrade material compacted to at
least 97% MDD and with 150mm of top soil to facilitate turfing/vegetation growth.
5.9.6 Other Typical Designs
i) Road Marking: Allowance for road markings must include all carriageway marking such as
longitudinal marking on intersections, hazardous locations, parking, the reference to any features
within or adjacent to carriageway and the marking on kerbs. All road marking should conform to
IRC: 35 as a minimum.
ii) Road Signs: Allowance for all the road signs must be made and they should conform to Latest
edition of ―IRC: 67: 2001 – Code of Practice for Road Signs‖ and Section 800 of MORT&H
Specifications for the entire length of the project roads as a minimum.
iii) Crash Barriers: Allowance for Metal Crash Barrier must be made at all locations of bridge
approaches and high embankments (3m and more), curves on both sides and any other location
where safety enhancements will be achieved with their installation.
iv) Guard Rails: Guard post must be provided on either sides of the carriageway at the locations where
the embankment height varies between 2 to 3m.
v) Road Boundary Stones: Road boundary stones must be provided at the boundary on both sides of
the right of way available under the control of the Government. The boundary stones must
conform with the requirements of IRC: 25. The Contractor should allow for these stones to be
spaced as normally specified or as directed by the Project Manager.
vi) Kilometre and 200 m Stones: The Contractor must allow for the provision of kilometre and 200 m
stones on one side of the project road or as otherwise as directed by the Project Manager. The
design and specifications of kilometre and 200 m stones must conform to IRC: 8 and IRC: 26
respectively.
vii) Overhead Traffic Signs: The Contractor must give consideration to the installation of overhead
road signs in lieu of, or as an adjunct to, ground signs where the situation so warrants for providing
warning of hazardous situations. The design, location, application, material, height, vertical and
lateral clearances of overhead signs ate to conform to the requirements of Section 800 of
MORT&H Specifications. Where such signs are approved by the Project Manager and have a sign
area of 5m2 or greater than their design, fabrication and installation (including supports) will be
treated as a variation to the Lump Sum.
viii) Road Delineators/ Cat Eye: The Contractor must make allowance for all delineators, bollards and
other safety devises on all horizontal curves on either sides of the carriageway. Pavement marking
delineators are to be provided as per IRC: 35 as a minimum. Guidepost side delineators are to be
provided as per IRC: 79 and Section of MORT&H Specifications as a minimum and must be
considered as an integral part of the Contractor‘s detailed design.
5.9.8 Street Lighting
The Contractor may identify the need for appropriate street lighting as part of all urban areas/ rural
built-up areas/ major intersections improvements and as indicated on the conceptual drawings.
However any installation of new street lighting must be agreed with the Project Manager during the
detailed design phase and will be purchased and installed as a variation to the Lump Sum.
Solar powered lights may be preferred in place of mains powered lighting.
Any other locations for lighting installations that are directed by the Project Manager shall be treated as
a variation to the Lump Sum. The vertical and horizontal clearances for electric installation are to
conform to IRC: 32 as a minimum.
Note: The maintenance of any street lighting installed will not form part of this contract beyond
acceptance of the completed works by the Project Manager.
5.9.9 Pedestrian Facilities
i) Pedestrian Guard Rails: Pedestrian guardrails may be reinforced cement concrete, iron
tubes, steel channel sections and pipes or steel sections appropriate for the environment and
should conform with IRC: 103 as a minimum. The Contractor must give consideration to the
installation of new pedestrian guardrail at all improvements to junctions/intersections as a
minimum. All other locations or potential safety enhancement sites such as schools, bus stops
or as specified by the Project Manager shall be treated as a variation to the Lump Sum.
ii) Footpath (Sidewalk): The Contractor must consider new sidewalks in all Improvements
through Built-up sections, on both sides, and should allow for barrier type (non-mountable)
kerbs 200mm in height above the adjacent road surface. The design width of the sidewalk
will depend upon the expected pedestrian flow and shall be agreed in the final detailed design
subject to the availability of land, but shall not be less than 1.5m. Where agreed with the
Project Manager the final detailed design and construction will be undertaken as a variation to
the Lump Sum.
iii) Pedestrian Crossings: The Contractor shall make provision for safe pedestrian crossing
facilities on all Improvement sections where complete segregation of pedestrian is not already
provided. The final location and construction details are to be shown in the detailed designs
and agreed with the Project Manager.
In all cases, the roadside drains must be directed to the nearest available outfall. In cases where no
immediate outfall is accessible, allowance for either soak pits or swales allowing the dissipation of run-
off water away from the carriageway pavement will need to be considered. Typical details of road side
drains and chute drains, drains and footpaths are shown in the conceptual drawings in Appendix 14.
5.9.16.2 Cross Drainage Structures (Culverts)
Existing Cross-drainage structures (CDS), under the Contract, are Culverts (Overall length up to 6.0
m). These are RCC slab culverts, RCC pipe (Hume Pipe) culverts and Arch culverts.
Improvement Options for Cross Drainage structures are:
(a) RCC Pipe Culverts
In road sections where water overtopping is observed during the rainy season (monsoon), the
Contractor shall identify the most appropriate solution to increasing the overall waterway area or the
hydraulic capacity of the existing culverts where possible. Consideration should be given to protection
works on upstream and downstream side so that the culvert acts as a causeway. These Improvement
options shall be provided to the Project Manager for approval and where agreed, the detailed design
and construction would be undertaken as variation to the Lump Sum.
Existing culverts requiring widening will be widened to match the roadway width of approaches with
pipes of comparable diameter and provided with new headwalls as necessary. The suitable bedding for
pipes must comply with Clause 2904 of MORT&H Specifications as a minimum, with a bedding depth
of 600mm provided for pipes culverts.
The pipes used for reconstruction and widening shall be of NP4 type conforming to the requirements of
IS: 458 as a minimum. The pipe invert (floor) protection must comply with the requirements of the
relevant IRC Specifications as a minimum.
(b) RC Slab and Arch Culverts
Reconstruction of RC slab/arch culverts must follow the standard designs of IRC as a minimum and the
waterway area for the new culvert must not be less than that for the existing one. Damaged arch
culverts should be replaced with slab culverts.
Widening of slab/arch culverts will be by solid RC slabs to the standard design of IRC as a minimum.
However the Contractor must give consideration to increasing the slab thickness by 25% but without
any increase in the reinforcement as a result of the narrow width of widening, not enabling the
necessary load dispersion.
The new slabs should use M30 concrete with high yield strength deformed reinforcing bars. The design
loading will be Class 70R of IRC as a minimum. Detailed design calculations for both hydraulic and
structural capacity must be provided to the Project Manager to support the detailed design in all
situations.
5.10 List of Documents for Review and Approval of Designs
The following documents are specified in accordance with sub-clause 8.4.1 of the GC:
5.10.1 Improvement & Rehabilitation Works
• Detailed survey plans showing confirmed legal RoW boundaries and all associated features as
indicated in the Example Drawings under Appendix 2.
• All pavement and shoulder investigation and materials testing results supported with drawings /
photographs
• Pavement Deflection Tests for the FWD.
• Design subgrade CBR and the likely range of subgrade conditions for each site, including the
effect of climate on subgrade conditions. Normally the design subgrade CBR will be based on
―soaked‖ CBR test results
• Confirmation of the Traffic Loading Group has been used in the detailed pavement design
• Pavement design summary and profile of the pavement layers including the new surfacing.
• Confirmation of a minimum surfacing thickness of 50mm.
• Details of the pavement design criteria including printouts of the mechanistic design results
confirming achievement of the defined fatigue criteria and expected minimum service life under
the required traffic loading using acceptable pavement design codes.
• Surfacing design and confirmation of specification requirements including Job Mix Formula.
• Where existing pavement cross-fall deficiencies are evident, the Contractor shall allow for the
correction of these deficiencies through increased super-elevation or profile reshaping as required
• Certification that the design will achieve the minimum specified lifecycle, meets required
specifications, geometrics, drainage and safety standards for the category of road to be upgraded.
• Certification to the effect that compliance of ESMF has been made.
• EMP laying out the approach and specific measures to address EHS issues related to the proposed
design interventions and in line with environment and social context of the road link.
Proposed Resurfacing construction details and design criteria including the Job Mix Formula,
supported with drawings / photographs
Site specific testing / investigation reports
Confirmation of a minimum surfacing thickness of 50mm.
In case Resurfacing is proposed or scheduled before the Improvement or Rehabilitation works on
any section of the road and if the existing pavement cross-fall deficiencies are evident, the Project
Manager can direct the Contractor to allow for the correction of these deficiencies through
increased super-elevation or profile reshaping as required. In any case, these cross fall deficiencies
are to be removed in Improvement / Rehabilitation works to be executed later on these sections
EMP laying out the approach and specific measures to address EHS issues related to the proposed
design interventions and in line with environment and social context of the road link.
Where the delay created by the negotiation over any clearances or land acquisition issues results in
additional maintenance costs, beyond the periods notified below, the Contractor shall be entitled to
claim these additional costs as a variation to the contract Lump Sum. However the Contractor must be
able to clearly prove that these additional maintenance costs have been incurred as a direct result of the
delay.
The Contractor in such cases can be directed to modify the conforming design to accommodate the
identified constraints. The Contractor shall identify those impediments and constraints that can result in
a lesser standard or limited application of design, and shall seek a formal dispensation(s) from the
Employer. The dispensations granted shall be site specific and individually identified specifying the
extent of the departure from the accepted standard.
The Employer shall confirm in writing that the dispensations sought are acceptable (―no objections‖)
and will endorse the drawings accordingly within the timeframes permitted under GC Clause 8.2.
The Contractor shall allow for the minimum notification (to Employer) time periods outlined below to
complete the following activities: Acquisition of land for additional requirement: 24 months from the
time of confirmation that purchase is necessary.
• Approval for Forest land diversion, and tree cutting permission: 12 months from the time of
completion of Joint Verification exercise (identifying the affected area along with number and
species of tress to be removed ) with the forest department, Govt of Punjab.
• All other clearances from other departments /agencies: 6 months.
5.12 Use of other International Standards
Any other internationally accepted standards that ensure substantial equivalence to the IRC standards
and codes specified can be accepted subject to the Project Manager‘s prior review and Employer‘s
written approval. Differences between the IRC standards specified and the proposed alternative
standards must be fully described in writing by the Contractor and submitted to the Project Manager at
least 2 months prior to the date when the Contractor desires the Project Manager‘s approval. In the
event the Project Manager determines that such proposed deviations do not ensure substantially equal
performance, the Contractor shall comply with the standards specified in the documents.
i) Carry out the laboratory tests necessary to determine the quality of the materials
ii) Satisfy himself as to the sufficiency of the technical characteristics and quality of the materials he
intends to use
iv) Confirm with the Project Manager that he intends to utilise the material.
v) Confirm that the location of the borrow pit / area is in line with the ESMF requirements set forth
in this contract.
The Contractor cannot claim any compensation based upon the insufficient quantity of any construction
materials, and the quality of construction materials used due to this reason.
Construction of all works shall be carried out as per the relevant Construction methodologies specified
in the MORT&H ‗Specifications for Road and Bridge Works‘ (latest edition), until & unless any
deviation or new methodology is allowed by the Project Manager.
All of the pavements within the contract area are to be rehabilitated (either as Improvement work or as
Rehabilitation Work) only once during the term of the contract. Any post construction pavement failure
within the duration of the contract which, in the opinion of the Project Manager or Employer,
necessitates a second (or subsequent) Rehabilitation, shall be re-constructed at the Contractor‘s cost.
This reconstruction shall be undertaken as soon as practicable following instruction from the Project
Manager to do so. Resurfacing of a failed pavement is not permitted unless otherwise agreed with the
Project Manager as a short term maintenance measure. Any such maintenance measure shall also be at
the Contractor‘s cost.
A pavement previously constructed or rehabilitated under this contract shall be considered as failed
when either:
• There are visible interconnected multiple cracks extending over the greater part of the wheel-path
with a maximum recorded rutting depth of 20mm or less.
• There is no cracking but rutting exceeding a maximum of 20mm in depth exists in any wheel-path
• A single crack greater than 1.0mm in width extending over less than half the width of the wheel
path and rutting exceeding a maximum of 20mm in depth in any wheel-path
• Interconnected multiple cracking is visible and exists over the greater part of the wheel path width
and rutting greater than a maximum of 20mm in depth exists in any wheel-path
• Any level of pavement deterioration that, in the opinion of the Employer or Project Manager, results
in an unacceptable level of roughness (average roughness greater than 5 IRI using 100m data) or
safe travel by road users has, in the opinion of the of the Project Manager or Employer, been
compromised.
6.3 Design & Construction Risk
It is the intention of this contract to have all of the pavements on the Contract‘s roads rehabilitated
(either as standalone Rehabilitation Work, or part of Improvement Work) only once during the
duration of the contract. Any need to undertake a repeat Rehabilitation on part or all of the same road
section within the contract duration will be considered as a failure of the Contractor‘s original
construction, and in such a case the pavement should be re-constructed as soon as practicable (and as
soon as possible if there are safety concerns) without any cost to the Employer.
For resurfacing works it is recommended that no resurfacing is undertaken during very cold weather (in
general between 15 December and January 15). However, the final decision in this regard shall be
made by the Project Manager.
6.5 Construction Standards
All Improvement and Rehabilitation Works are to be constructed in accordance with the intent and
scope of the conceptual designs for each of the sections identified for improvement works.
The treatment is constructed so:
• the average roughness over the Contract is no greater than 2.0 IRI (count/km) and no individual
reading shall exceed a maximum of 2.5 IRI. The IRI readings are to be determined from the high
speed survey Lane IRI calculated over a 100m section.
• the constructed surface profile must comply with all applicable IRC specifications for geometric
design.
• all materials must comply with all applicable IRC Specifications unless otherwise agreed with the
Project Manager
• post construction testing confirms the required deflection limits.
Comply with all applicable IRC specifications for pavement and surfacing materials and construction
unless otherwise agreed with the Project Manager.
All Additional Works are to be constructed in accordance with the intent and scope of the designs.
Acceptance based upon the provision of all quality assurance records, test results to the Employer and
visual inspection of the completed works by the Project Manager.
IRC:19:1977, IRC: SP:11:1997, IRC: SP: 23:1993: IRC:27:1967, IRC:34: 1970; IRC: 35:1997;
IRC:SP:41:1994; IRC:SP:42:1994 ; IRC:SP:50; IRC: 66 : 1976; IRC: 67: 2001; IRC 73: 1980; IRC:
75 :1979; IRC:86:1983; IRC:109:1997; IRC:111:2009; Section 800 of MORT&H Specifications
.
6.6 Testing of Materials and Works
Testing shall be in accordance with the requirements of IRC:SP11:1977, IRC:SP57:2000 and
MORT&H Specification 900 or as otherwise agreed with the Project Manager.
The Contractor shall be responsible for the carrying out of all tests of materials and work required to
under this contract. All materials, construction operations, workmanship, and the surface finish and
quality of completed construction for all pavement works including sub-grade, sub base, base course,
bituminous surface courses for both new pavement and strengthening of existing pavements, shoulders
etc. shall conform to the specified requirements, and comply with the provisions of Section 900 of the
MORT&H Specifications.
For both on site testing and laboratory based testing, the Contractor is required to confirm,
i) The exact location of each treatment length (start and end) linked to existing reference marks
ii) The extent of the works undertaken in a particular location, including finished ―as-built‖
geometry, cross fall, width etc.
iii) Confirmation of the pre-construction condition of the existing pavement, including but not
restricted to actual subgrade foundation strength (gathered as CBR strengths using in-situ
Dynamic Cone Penetrometer (Scala Penetromter), the depth and condition of the existing
pavement materials and surfacing layers, water table levels and existing moisture ground
conditions. The latter is an important input into the construction process, as it will assist the
Contractor to determine whether the in-situ moisture contents are adequate for the intended
construction/compaction processes or need to be adjusted (either by drying or wetting)
iv) The suitability of all outcomes following construction, when compared to specified tolerances,
including but not restricted to compacted depths of layers, laying temperatures of bitumen
surfacing materials, compacted densities for all materials, dimensions finished surface texture and
ride roughness, in accordance with IRC material and construction specifications
In addition to the Contractor‘s quality control programme, the Employer can identify and undertake an
independent programme of Random Verification Testing to verify conformance. The outcomes of any
testing undertaken by the Employer shall be provided to the Contractor as soon as reasonably
practicable following its completion.
The Contractor shall include a copy of all test results in its monthly report and furnish an earlier copy
to the Project Manager upon request. It should also include all relevant post-construction QA test
results including verification that the construction meets the design and specifications, including
pavement deflection test results. The Contractor and the Monitoring Consultant shall use the results of
the construction quality control and quality testing to confirm whether the quality outcomes have been
successfully delivered.
Results of the testing carried out on all physical works shall be forwarded to the Project Manager
within 30 days following construction. The failure to submit results or the submission of partial,
incomplete or incorrect results will be recorded as a non-Conformance.
Any failure to meet the specified reporting requirements, will be recorded as a non-Conformance.
The Project Manager can verify compliance of the submitted reports on-site anytime after notifying the
Contractor.
During Contract Period, the Contractor shall ensure compliance with the requirements laid out in Part-
2B : Specifications - Environmental and Social Management.
7. QUALITY ASSURANCE
7.1 General
The Contractor should make proactive efforts to confirm that the standards are being met, deficiencies
are corrected & minimized as the contract progresses and there is continuous improvement in meeting
with the quality requirements
The CQAMP shall also integrate the Contract work requirements with the Contractor‘s quality, health
and safety and environmental management systems to deliver the Contract Works.
7.3 Submission of the CQAMP
The Contractor shall prepare and submit the CQAMP to meet the requirements of MPM -1 (Refer
Section 14.3 of this specification).
7.3.1 Health and Safety 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 Part D: Environmental and Social Management Framework.
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 and community health and safety requirements must be
complied with by the Contractor‘s personnel and all subcontractors at all times.
The Health and Safety Management Plan shall form part of the Contract Quality Assurance
Management Plan and when implemented shall,
(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 reported promptly to the Project Manager.
The delivery of the Health and Safety Plan shall be with the draft CQAMP.
This is an Output and Performance based contract. Measurement of the works shall be made for,
(i) Improvement, Rehabilitation and Resurfacing Works- by linear length measured along the
centreline, after receipt of the payment request from the Contractor. Each unit of the linear
length should be complete as per the accepted designs in the Works Programme submitted by
the Contractor.
(ii) Network Performance: by the conformance of Road Durability Measures and the Road User
Service and Comfort Performance Measures (listed later in these specifications)
(iii) Emergency Works: as per the relevant Construction methodologies followed and specified in the
MORT&H ‗Specifications for Road and Bridge Works‘ (latest edition), until & unless any
deviation is allowed by the Project Manager
8.2.1.1 Non-Conformance
Where the Contractor fails to complete the annual asset preservation quantities agreed in the Accepted
Programme for the current year Liquidated Damages, as set out under GC Clause 39 shall be applied
until construction is completed to the satisfaction of the Project Manager.
Where the annual quantity completed is within tolerance but below the annual quantity, this deficit
shall be added to the subsequent year‘s annual quantity to be completed (i.e. any annual deficit cannot
be accumulated beyond the following year).
8.2.2.1 Measurement
The Employer shall measure the roughness in terms of the International Roughness Index (IRI). The
equipment required must be a Class 1 precision Profile according to the specifications as defined by
ASTM E-950. The measure of roughness will be made in a continuous way in the wheel tracks of each
lane of the carriageway, meeting the requirements of ASTM. The equipment must be
calibrated/validated as per the manufacturer‘s recommendations.
Measured in one lane in each direction at 100m intervals unless specifically stated otherwise. Reported
as International Roughness Index (IRI) counts/km.
8.2.2.2 Frequency of Measurement by the Employer
New pavements shall be surveyed by the Employer within the first six (6) months following of the
issue of the certificate of practical completion and every six (6) months thereafter.
The Contractor shall ensure that the roughness of the paved surface conforms to the following criteria
throughout the duration of the contract. Conformance for Maximum Roughness and Average
Roughness of the paved surface are deemed as two important Performance Measures of the Contract
(Refer Specifications / Section 16: Road Durability Performance Measures / RDPM-1 and RDPM-2)
• Reports the maximum roughness value recorded (averaged using 20m data) over a continuous 1
lane km in IRI.
• The method of calculation for maximum IRI: Maximum recorded roughness value from averaged
20m lane data
(Units = IRI counts/km)
Maximum Roughness (Averaged using 20m data) for any continuous 1 km centreline
length Conformance Threshold values
Contract Category Year
1 2 3 4 5 -10
Entire contract length 10 IRI 8 IRI 7 IRI 6 IRI 6 IRI
All New pavement
2.5 IRI 2.5 IRI 2.5 IRI 2.5 IRI 2.5 IRI
Construction
• Reports the average IRI, averaged using 100m data in both lanes
• The method of calculation for average IRI = Sum of roughness values / Number of roughness
readings
(Units = IRI counts/km)
8.2.2.4 Non-Conformance
Where new pavement construction fails to meet the required roughness thresholds specified above
during the initial survey, the Contractor shall provide the Employer a programme of corrective works,
within one (1) month of notification of the non-conformance. This programme shall clearly identify
what remedial work will be undertaken by the Contractor to achieve conformance along with the
proposed time frames. The original non-conformance will remain in place with no further increase in
the Sub-weighting once this programme is supplied and agreed with the Project Manager. The Non-
Conformance will only be removed once the corrective works are completed. Any failure by the
Contractor to follow the agreed programme of corrective works will result in the non-conformance sub-
weighting being reinstated.
Note: The contract asset preservation quantities have been ascertained expressly for the purpose of
preserving the road pavement asset and not roughness. The Contractor must allow for any localised
treatment work, in the lump sum price, to address roughness outside the agreed rehabilitation and
resurfacing treatments.
Note: Maximum roughness can be significantly influenced by the Contractor through the workmanship
applied to their pavement repair, resurfacing and pavement rehabilitations. The Contractor shall pay
particular attention to the surface levels, joints and transitions of all repairs and new pavement surfaces
to minimise the risk of high roughness measurers being generated from his maintenance and
construction activities.
Where:
• D is the recorded deflection
• n is the number of test points per test section
• s is the standard deviation of all test points per test section
For all roads under the contract, the threshold values for 95th Percentile Value of Pavement
Characteristic Deflections and Characteristic Curvatures measured at a minimum of 250m
centreline distance (or 500m in the centre of each lane):
The 95th Percentile Value of the Characteristic Pavement Deflection and Characteristic Curvatures is
measured at 20m centres in the outer and inner wheel tracks in both lanes for any continuous 1km
centreline sections of New Pavement Construction measured within 12 months of construction.
Method of calculation for 95th Percentile Values for Pavement Deflection is described
in the previous section.
For newly constructed pavements under the contract, the threshold values for 95th Percentile Value of
Pavement Characteristic Deflections and Characteristic Curvatures measured at a distance of
20m in the outer and inner wheel tracks of both the lanes for a continuous 1 km centreline length:
For conducting its own pavement deflection testing, The Contractor shall arrange its own equipment.
8.2.3.4 Non-Conformance
Where the pavement deflection limits for new construction are exceeded and other site specific Quality
Control or Assurance tests have identified construction related non-conformances, then the Employer
may request the Contractor to reconstruct the non-complying pavement section. Alternatively the
Employer may, at their sole discretion, calculate the expected reduction in pavement service life and an
adjusted price to be paid to the Contractor that reflects the reduced value of the new asset to the
Employer. The sub-weighting under RDPM-3 shall be applied until an agreed programme is provided
to the Employer.
All Roads under the The maximum aggregated longitudinal length within any continuous 1km
Contract. lane length where visually evident earth erosion has occurred due to run-off
from the road surface or adjacent areas shall not exceed 10m when measured
by a tape measure.
8.2.4.1 Non-Conformance
Non-conformances will be recorded in the monthly audits and will form part of the monthly aggregated
non-conformance score.
8.3 Texture
Measured in each wheel path and reported at 10m intervals. All texture depth data is reported in terms
of mean profile depth (MPD) in mm, as defined in ISO 13473-1: 1997 (E).
The method of calculation for average texture depth = (Average LWPMPD + Average RWPMPD) / 2
(Units = mm)
Reports the percentage of texture depth readings < threshold level (TL).
• Urban sections : 0.3mm MPD
• Rural sections : 0.5mm MPD
Number of (LWP MPD < TL + RWP MPD < TL) x 100 (Units = %)
Total number of MPD readings
MPD (mm) greater than 0.45mm may be calculated from sand circle measurements using the following
relationship or any other internationally recognised standard measure for texture measurement agreed
with the Project Manager.
Measured as the length of wheel-path exceeding 20 mm rut depth below a two metre straight edge.
Unless specified by the Project Manager, the general specifications for the equipment to be used for
road data collection are set out in the World Bank Publications: Pavement Condition Data Collection
System Generic Specification - Version 1.1 – 9 January 2007 and Generic Terms of Reference
Pavement Data Collection Services - Version 1.0 – April 23, 2007.
Minor defects or minor uncompleted work (e.g. small drainage works, or non-regulatory signs) shall
not prevent the Contractor from submitting, or the Employer from accepting, a Periodic Statement.
However, the Contractor shall include with his Periodic Statement confirmation of list of such
incomplete works and the period with in which such outstanding work is to be completed. The Project
Manager shall value such listed incomplete works, and the Employer shall deduct this value from the
Contractor‘s payment. Once any such outstanding works has been verified by the Project Manager as
being satisfactorily completed the Employer shall add the value of such completed works to the next
subsequent payment.
In case the Contractor has completed the execution of Work(s) on a section under a separable portion,
for the purpose of permitting the Contractor to submit a Periodic Statement to the Project Manager for
certification and for the Employer to accept any Periodic Statement, the specified minimum quantity of
Works must meet the following criteria:
Note: The acceptance and payment of completed works does not infer any taking over the works by the
Employer, and responsibility for its maintenance shall reside with the Contractor until the completion
of the entire Contract.
The Contractor must record and report the location position of all work and new or replaced assets to an
accuracy of 10m when measured from the nearest defined displacement marker along with recorded
GPS coordinates. GPS coordinates may be converted to respective linear displacement reference if
required but the coordinates must be supplied by the Contractor upon request of the Employer
9.2 Requirement
The Contractor is required to inspect, collect and verify asset data on the following:
• All surfacing and pavements during their construction including shoulders, (Resurfacing,
Rehabilitation, Improvement Works)
• All existing, improved or new drainage facilities, culverts, lined channels, sumps etc
• All signs including existing and those installed during the contract
• All pavement markings, both existing and those added during the contract.
• All bridges and major culverts
The Contractor shall inspect and record or update the complete asset inventories for drainage,
signage and pavement marking within the first 12 months of the contract, and shall forward this
information to the Project Manager in a form that enables the Employer‘s Asset Inventories to be
updated and adequately maintained. A complete set of asset inventories are to form part of the End
of Contract Handover Report.
The Contractor shall submit the Inventory Database as on site within 6 weeks of signing of the
Contract Agreement. Thereafter, the Contractor shall update this inventory by providing accurate
inventory details for all completed physical work sites, or on any routine maintenance works altering
the data inventory in the monthly report. A nil return shall be submitted where physical work does
not affect the inventory.
Sample sign and pavement marking inventory update forms are included in Appendix 8.
Contractor should ensure that:
• It submits the Inventory Database as on site within 6 weeks of signing of the Contract
Agreement.
• It forwards accurate inventory details to the Employer for all completed physical work sites and
affecting the asset inventory within 30 days after construction is complete. A nil return shall be
submitted where physical work does not affect the inventory.
• It forwards accurate inventory data on any routine maintenance works altering the data
inventory to the Employer with the monthly report following the completion of the
maintenance activity.
10. REPORTING
10.1 General
The Contractor shall submit regular reports, of his progress and performance on the Contract, to the
Employer using the sample forms in the appendices, or any other format accepted by the Project
Manager.
10.2 Initial Contract Condition Report
The Initial Contract Area Condition Report shall be submitted within one month of the Start Date of the
Contract. This report must include,
• Areas where the existing Levels of Service are below the required standard and the programme for
these Service Levels to be achieved
• Any areas where significant deterioration has occurred as a direct result of the defined Unforeseen
Natural Phenomena occurring between the time of contract award and possession of site. This is
to include a detailed summary of the damage and a Lump Sum quotation for its repair is to be
provided for the Employer‘s consideration
• Any other impediments to the Contractor‘s programme being achieved as a result of
encroachments, the actions of other contractors, social or environmental issues or grievances and
requiring the Employer‘s intervention
• A statement otherwise confirming the Contractor‘s acceptance of the initial condition of the
Contract‘s assets.
The Employer will conduct a Joint Verification of the Contract Area and formally accept the
Contractor‘s Initial Contract Area Condition Report, including any agreed amendments, within 30 days
of its submission.
10.3 Performance Measures Conformance Reports
Irrespective of the Contractor‘s submission of its Payment Request (Refer Section 17 : Payments), it
shall submit a self assessed Performance Measures Conformance Report of each month to the Project
Manager by 10th calendar day of the succeeding month. This Performance Measures Conformance
Report shall have the Contractor‘s self recorded Conformance with the Management Performance
Measures, Road User Safety & Comfort Performance Measures and Road Durability Performance
Measures.
10.4 Monthly Report
Each Monthly Report must include as a minimum the,
• Monthly Progress of construction works in the format described under Section 10.6 and
summarised to enable the preparation of the Periodic Payment Report outlined in Appendix 9
verifying that the work claimed is substantially complete (Refer Specifications section 8.6.2 for
Improvement, Rehabilitation and Resurfacing Works)
• The list of minor un-completed works and a programme for their completion (Refer
Specifications: 8.6.1: General Specifications for Improvement, Rehabilitation and Resurfacing
Works)
• All required Quality Control reports on the works completed during the month clearly indicating
any non-conformance
• Updated Programmes where applicable
• Cash-flow Estimates
• Pavement Repair Work Summary – this information is required to update the Employers Road
Asset Information Database and must include all Pavement Repairs greater than 25m2 in surface
area. The Employer shall confirm the information required and the electronic file format (Refer
Appendix 8).
• Vehicle Accident Reports – Refer Appendix 8
• Emergency Works Reports – Refer Appendix 8
• Other damage from Emergency events (Refer Section 3 Emergency Works of this Specification).
Restoration or repair of damage is included as the Contractor‘s risk, unless specifically excluded under
this Contract.
Reports of significant or persistent damage to assets within the RoW shall include,
11. INSPECTIONS
11.1 Commencement of the Contract Inspections
The Employer along with his Project Manager and the Contractor shall undertake a joint inspection
before the possession of site. The purpose of this inspection is to provide the Contractor with the
opportunity to confirm with the Employer any uncertainties over the location of the Contract
boundaries (extent) and any other general matters of contract administration including the condition
of the Contract‘s assets. The Employer may video the Contract‘s roads during this inspection to
confirm the condition at the time of handover.
The Contractor is required to accept the condition of all the Road Assets within the Contract Area.
All work necessary to achieve the required Levels of Service either through network performance,
rehabilitation, resurfacing or planned improvement works will be deemed by the Employer to have
been included within the Contractor‘s Lump Sum price. This will include any reasonable
deterioration of the road assets or change in the Level of Service that may have occurred between
the bid closing date and the date of possession of site, with the only exclusion being damage arising
directly from ―Unforeseen Natural Phenomena‖ as indicated under Section 3 Emergency Works
Clause 3.1.1 of these Specifications.
It is expected that weekly routine inspections by the Contractor will identify any obvious
deficiencies that will generally be the result of vehicle, weather event damage, or wilful damage by
the public.
• Any obvious damage to, or condition of, other facilities within the road RoW which may be
hazardous to the public and/or road users must be reported to the Project Manager within 24
hours of being reported or observed.
11.5 Inspections to Address Complaints
At any time, the Employer or Project Manager can instruct the Contractor to undertake specific
inspections in response to public complaints.
The Employer and/or the Project Manager can accompany the Contractor on these specific
inspections and record the outcomes and issues identified.
11.6 Monthly Combined Inspections
Combined inspections, i.e. by Employer, Project Manager & Contractor, will be undertaken every
month and Night-time inspections undertaken every 3 months. The purpose of these inspections is
to:
• Seek solution of Contract related issues affecting all parties.
• Identify and investigate any appropriate but previously unidentified improvement works.
• Confirm the annual Forward Work Programme (FWP) of Rehabilitations, Resurfacing and
Planned Improvement Works.
• Confirm that the social and environment requirements have been taken into consideration in the
design and implementation stages for any Planned Improvement Works.
11.7 Inspections at the End of the Contract
The Employer, along with Project Manager and the Contractor, shall undertake joint inspections
over the following times:
a) No later than twelve (12) months before the end of the contract, with the purpose of
determining and agreeing the extent of work required to be completed including those
pertaining to ESMF / EMP compliance before the end of the contract period.
b) No later than six (6) months before the end of the contract with the purpose of identifying and
agreeing any additional remedial works that need to be completed before the end of the
contract period.
c) No later than ten (10) days after the end of the contract with the purpose of confirming that all
required remedial works have been adequately completed.
d) Two months before the end of the Period of Defects Liability as set out under GC clause 41 of
this contract with the purpose of ensuring no issues have arisen during the defects maintenance
period that could prevent the release of the remaining performance guarantees.
The purpose of these inspections is to determine and agree the extent of work required to be
completed before the incoming Contractor takes possession of the Site and/or hands the Site over at
the end of the Contract Period.
The inspections under c) and d) above will involve the Employer, the Project Manager, the
Contractor and may involve the incumbent Contractor(ies) if any, where the works under this
contract have been further contracted out after the expiry of this contract.
11.8 Inspections Before the End of the Defects Liability Period
The Employer, along with the Project Manager and the Contractor shall undertake a joint inspection
Two (2) months before the end of the Period of Defects Liability as set out under GC clause 41 of
this contract.
The purpose of this inspection is to ensure that there are no issues pending that have arisen during
the defects maintenance period that could prevent the release of the remaining performance
guarantees or the release of the Defects Liability Certificate.
(a) Monitor the Contractor‘s progress and performance and the Contract‘s asset condition.
(b) Determine the adequacy and appropriateness of all performance measures defined in this
contract and with specific attention to those defined as Key Performance Measures under
Section 3 – General Contract Performance.
(c) Verify completeness and construction quality of all Rehabilitations, resurfacing and
improvement works prior to any payment request certification.
(d) The Project Manager will undertake specific inspections where the Contractor‘s conformance
management system audits identify areas of repeated non-conformance (refer Specifications,
Section 3 – General Contract Performance).
(e) Monitor the Contractor‘s progress and performance pertaining to ESMF/EMP compliance.
The Project Manager must inform the Contractor of his intention to carry out a formal inspection at
least 24 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
Project Manager, providing the physical means needed for the inspection where necessary.
The Project Manager will inform the Contractor in writing on specific issues of concern or actions to
be undertaken that have arisen from these inspections as soon as practicable following the
inspections.
The Contractor shall at all times carry out works in a manner creating least interference to the flow of
traffic. The management of traffic shall meet the requirements of MPM-4 (Refer Section 14.6).
The Traffic Management Plan (TMP) establishes the practices for traffic management at work sites
(both day and night, including manned and unmanned sites) and during planned and unplanned events.
The Contractor must develop the TMP and seek approval from the Project Manager.
The TMP‘s objectives are to,
• Provide appropriate transitions into work sites with focus on providing efficient traffic flows.
• Protect all personnel on the contract site and road users from potential harm.
• Establish the minimum traffic management levels including any reviews necessary as a result of
changing traffic conditions over the duration of the contract.
• Assist in easing traffic during fairs, festivals, Mela harvest and religious and political processions
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 the Contractor, Employer‘s Project Manager, emergency services and other
identified 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 Contractor‘s strategy for informing the general public and adjacent landowners about the
nature of the planned work activities or event, the implications of the traffic plan (e.g. detours) and
their role in maintaining the overall safety of the site.
Appendix 7 Specific Job Requirements for Traffic Management and Safety sets out the minimum
requirements that apply.
Where any work site results in a foreseeable and unacceptable level of traffic delay directly due to the
Contractor‘s management of the works this shall be recorded as a non-conformance.
Specific plans requiring either partial (single lane) or full road closure (with detour) shall be submitted
to the Project Manager for approval at least 2 weeks in advance of the programmed closure. These
plans must stipulate the duration of the proposed closure. Any extension to this duration that occurs
without reasonable justification shall be considered as a non-conformance.
The sub-weighting of days shall be applied to any traffic management non-conformance until it is
corrected to the satisfaction of the Project Manager.
Appendix 7 also includes the known traffic accident black spots within the Contract Area. The
Contractor shall pay particular attention to these areas and where appropriate propose appropriate
Safety Improvements to the Employer for his review. Where agreed, any Safety Improvements outside
of any sections identified for Improvement Works shall be treated as a variation.
13.1 General
Maintenance of the existing network and of all of the completed construction work forms a critical
component of this contract. The objective of introducing this component in the contract is to ensure a
high standard of network management is achieved from the outset of the contract and is sustained
throughout its entire duration.
The service levels to be delivered under this contract are defined by a series of performance measures
as outlined below
MPM‘s are measured monthly, in terms of a conformance system by the Contractor. Results will be
expressed as either in ―Conformance‖ or ―Non-Conformance‖.
RDPM‘s are contractual requirements, which must be met at the time of the Employer‘s assessment.
Failure to deliver the specified RDPM criteria will result in a Non-Conformance for that measure. This
non-conformance will continue to be recorded until a programme of rectification work has been agreed
with the Employer.
Road User
Management Performance Service &
Measures: Comfort
Office-Monthly Performance
Quality Systems, Measures :
Programming,
Reporting, Field – Monthly
Traffic Safety,
Key Routine
Relationships,
Information
Success Maintenance
Activities
Management Factors
14.1 General
Management Performance Measures (MPM‘s) reflect the ability of the Contractor to successfully
manage the contract outputs including the quality and efficiency of his reporting of information to the
Employer. In general terms, these are measures of the Contractor‘s Management of the following.
MPM-1 has reference to compliances relevant to the Contractor‘s Quality Assurance System (Refer
these Specifications / Section 5: Quality Assurance)
The Contractor shall meet with the following requirements for the compliance of this Performance
Measure:
• Submit Initial CQAMP within 30 days of the Date of Signing of the Contract Agreement
• Submit Final CQAMP within 30 days of receiving the Project Manager‘s written review of the
Draft CQAMP
• Update the CQAMP annually to reflect outputs from any audits, reviews etc. and submit within
first month of each year of the Contract (except year one)
• Remedy the non-conformances recorded from internal or external audits of the Contractor‘s
CQAMP and the application of its associated plans including the requirements of the Health and
Safety Plan, Traffic Management Plan and Social and Environmental Management Plan (Refer
Part 2B: Specifications Environmental and Social Management Section 9 Environmental and
Social Compliance)
• Comply with all legislative requirements for the execution of the Contract. The Contractor will be
considered non compliant from the time he is notified by the Project Manager of their non-
compliance.
14.4 Contractor’s Programmes (MPM-2)
MPM-2 has reference to compliances relevant to the Contractor‘s Programming (Refer these
Specifications / Section 4: Programming of Works)
MPM-3 has reference to compliances relevant to the Contractor‘s Reporting (Refer these Specifications
/ Section 10: Reporting)
The Contractor shall meet with the following requirements for the compliance of this Performance
Measure:
1. Submit each report within the stipulated time:
• Initial Contract Condition Report : Within One month of the start of the Contract
• Performance Measures Conformance Report: By 10th Calendar day of each month.
• Monthly Report: Within two weeks of end of each calendar month (for which report is being
submitted)
• Emergency event notification: Within 24 hours from self observation or receiving notification
from third party
• Emergency event report: Within one week after the notification of the emergency event to
Project Manager
• End of Contract Handover Report : At least a month before the scheduled date of completion
of Contract
14.6 Traffic Management (MPM-4)
MPM-4 has reference to compliances relevant to the Contractor‘s Traffic Management (Refer these
Specifications / Section 12: Traffic Management)
The Contractor shall meet with the following requirements for the compliance of this Performance
Measure:
1. Submit the Traffic Management Plan(TMP) within the stipulated time:
• Initial TMP at least 3 weeks before the start of work on any site. This shall be deemed as final
TMP if no comments received from the Project Manager at least a week before the actual
commencement of work.
• Final TMP submitted to Project Manager within one week of the receipt of comments from
Project Manager on Initial TMP. In case there are major observations on the TMP submitted, the
Contractor shall delay the commencement of work until the approval of Final TMP
• Conform to the final TMP while executing the work. The Contractor will be considered non
compliant from the time the traffic management deficiency is recorded by the Contractor or he is
notified by the Project Manager of their non-compliance
MPM-5 has reference to compliances relevant to the Contractor‘s Inventory Database Management
(Refer these Specifications -Section 9: Inventory Database Management)
The Contractor shall meet the following requirements for the compliance of this Performance Measure:
1. Submit the Initial Inventory Database : Within Six weeks of signing the Contract
Agreement
MPM-6 has reference to compliances relevant to the Contractor‘s submission of Detailed Designs &
Construction Methodology (Refer these Specifications / Section 5: Design of Works)
Contractor shall meet with the following requirements for the compliance of this Performance
Measure:
1. Submit detailed designs & construction methodology of the works as per Contractor's Programme
for approval of Project Manager : At least 2 months before the scheduled commencement date of
work, or within 2 weeks after acceptance of the Annual Programme for the year in which works
are scheduled (whichever is earlier)
Weightings assigned to non-conformance to each of the Management Performance Measure & its
tolerance limit is tabulated below.
Non Conformance Weighting indicates the relevant severity of non-conformance of the MPM.
Repeat MPM Non-conformance from Previous Month Number of Months since non-conformance first identified
4
• The Contractor shall establish a Conformance Management Unit which should be independent to
the Contractor‘s operational team, and which shall be headed by the Conformance Management
(Quality Assurance) Unit leader. The structure and names of the individuals who will comprise the
Contractor‘s Conformance Management Unit should be mentioned in the Contract Quality
Assurance Management Plan (CQAMP).
• The CQAMP must also clearly describe the systems, procedures and methods that will be used to
deliver and monitor conformance with the specified performance measures in this contract.
• Conformance audit sections will be a minimum five (5) centreline road kilometres continuous in
length. The recording of a non-conformance will be made either once within the full 5km audit
length or once for any defined sub-section of the 5km audit length.
• The Employer, through the Project Manager, shall identify and inform the Contractor a minimum
of 40% of the total Contract road length (km) (rounded to the nearest multiple of 5km) to be
self audited each month by the Contractor
• If the Contractor receives 100% of his Performance Achievement Payment for three (3)
consecutive months, the percentage of the Contract road length to be audited may, at the
Employer‘s discretion, be incrementally reduced by 10% (i.e. 30%, 20%, 10%) for each
subsequent month of full Performance Achievement Payment down to a minimum of 10% of the
total Contract road length.
• In the event that the Contractor fails to receive 100% of his Performance Achievement Payment
in any subsequent month, after reduction of audit length as per (d) above, then the minimum audit
will be restored to a minimum of 40% of the total Contract road length.
• In case of persistent non-conformance by the Contractor or in response to specific concerns being
raised by the Employers Representative‘s or the Project Manager, the Employer, through the
Project Manager, can increase the length to be audited above the 40% minimum to a maximum of
60% of the Contract length.
• Where the monthly audit sample is less than, or more than, the 40% sample, the total aggregated
audit score recorded shall be adjusted up or down respectively in the same proportion for the
purpose of determining the Performance Achievements Payment.
For example with a 10% audit sample, the total aggregate audit score recorded would
be multiplied by a factor of 4 (40% ÷ 10%) from Table 18.5.1 (Clause 18.6 -
Assessment 1).
• Where a performance measure is based upon a continuous 1km centreline length then a non-
conformance will be recorded once for each specific performance measure that has exceeded the
specified limit within each of the 1km lengths comprising the 5km audit length. Where the
performance measure is based upon the full continuous 5km centreline length, then a non-
conformance shall be recorded once for each specific performance measure that has exceeded the
specified limit within the entire 5km audit length.
• The conformance management system must be fully implemented within two (2) months of the
contract start date.
• All non complying items must be clearly identified in the monthly Network Performance Report.
15.3 Exception for Works included in the Accepted Programme
Where the audit sample includes any road sections that are included in the Contractor‘s Accepted
Annual Programme for Rehabilitation, Resurfacing or Improvement Works, or these works are under
construction at the time of the audit, then the following criteria shall be applied:
a. The following Road User Service and Comfort Performance Measures within those sections
identified for Rehabilitation, Resurfacing or Improvement Works programmed, but yet to
commence in that year, shall not be recorded:
a) RUS&CPM-1 Pavement Maintenance
• Surface Integrity
• Potholes
• Heaves, Rutting and Shoves
• Edge break
b) RUS&CPM-2: Unsealed Shoulder Maintenance
b. Any Road User Service and Comfort Performance Measures relating to any signage, pavement
markings, drainage and cleanliness etc. directly affected by the construction works shall also
not apply to road sections that are under construction at the time of the audit.
Notwithstanding the above criteria, the Contractor shall maintain an acceptable level of safety for road
users at all times irrespective of the time for construction to commence or if it is underway. The
Contractor is therefore required to take all reasonable measures to ensure that the safety of road users is
maintained at all times irrespective of the status of the road section and shall carry out appropriate
safety related maintenance works where necessary to achieve this. In case of default, this shall be
recorded as a non-conformance for those Performance Measures whose continuous non compliance is
considered hazardous to road users where these aspects should have been proactively managed by the
Contractor.
15.4.1 General
Pavement Maintenance is the normal care and attention of the roadway to maintain its structural
integrity and serviceability. Associated works can include:
a) Pavement patching and repairs, including potholes, depressions, edge break and repairs to
previously reinstated road openings completed by other contractors
b) Shoulder maintenance, including earthen slopes and slope scour repair
The Contractor should note that the extent of pavement maintenance shall include sealed access
ways and driveways up to the extent of the RoW boundary on all sections of the Contract‘s roads.
Railway Level crossings: For all pavement and surfacing repairs up to the RoW boundary, if
pavement defects are observed within the railway corridor the Contractor shall notify the Project
Manager and carry out repair after receiving instructions.
Pavement faults and maintenance activities are generally described in the IRC: 82:1982
Specifications as well as other local road maintenance guidelines.
15.4.2 Pavement Repair Design and Test Pit Data for repairs
For all repairs involving pavement reconstruction (i.e. pavement digout and replace or stabilization in-
situ) the Contractor shall,
• Ensure the pavement repair and replacement surfacing material will achieve the same service life as
that remaining for the surrounding pavement.
• Note the general description of the pavement profile and materials encountered.
• Shall provide in the Monthly report a completed Inventory Spreadsheet detailing all Test Pit Data for
each and every pavement repair completed during the month.
A. Surface Integrity
i) There is no loose bitumen surface material visually observed on the sealed pavement or
reported to be dispersing onto shoulders or adjoining properties.
ii) The maximum surface area of ravelling or visually evident cracking within any continuous
1km centreline length shall be less than 2%.
[Note: For the purpose of determining the surface area, a single isolated crack will be assessed as
having an equivalent surface area of 0.5m2 per metre length.]
i. There are no more than 3 potholes within any continuous 1km centre line length with a
diameter greater than 150mm.
ii. The maximum diameter of any single pothole shall be less than 300mm.
iii. No pothole shall be more than 50mm in depth when measured by tape measure or
calibrated steel probe.
i) There are no pavement heaves and/or shoves greater than 50mm (when measured by tape
measure or steel ruler from peak to trough).
ii) There is no pavement rutting greater than 20mm when measured under a 3m straight edge.
D. Edgebreak
i) For more than Two Lane or SH‘s : Within any continuous 1km centre line length the
aggregated longitudinal edgeline length of deficient sealed width must be less 5m when
measured by measuring tape.
ii) There are no accidents associated with repair performance reported to either the Contractor or
the Project Manager.
iii) The finished repair surface is level with, or no sections are higher than 10mm from the
surrounding pavement surface when measured with a 3m straight edge.
[Relevant Specifications are IRC: 14 – 1977; IRC: 16 – 1989; IRC: 17 – 1965; IRC: 19 –
1977; IRC: 20 – 1966; IRC: 23 – 1966; IRC: 27 – 1967; IRC: 29 – 1988; IRC: 37 – 2001;
IRC: 48 – 1972; IRC: 82 – 1982; IRC: 94 – 1986; IRC: 95 – 1987; IRC: 96 – 1987; IRC: 97 -
1987IRC: 100 – 1988]
i) all existing and reinstalled service covers (e.g. Manhole Covers) are to have finished levels
within ±10mm of the surrounding pavement surface when measured under a 3m straight edge.
ii) All reinstated utility services trenches surfaces are within 20mm of the surrounding
pavement surface when measured under a 3m straight edge.
In general, reinstatement of all service utility road cuts or excavations shall be undertaken by
the Utility Department concerned or its contractors. However the Project Manager may direct
that temporary reinstatement or final restoration is 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 Project
Manager immediately when any previously un-reported road cut or excavation is observed or
reported.
15.5.1 General
The shoulder is defined as the width from the edge of the paved lane to the end of the verge or start of
the side drain. 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.
A programme of grading works including timeframes for completing various road sections shall be
provided to the Contract Manager upon request. Extensive grading of shoulders undertaken shall also
be carried out immediately following the monsoon.
Any damage caused to the seal or edge of pavement shall be made good by the Contractor at his cost.
Potholes and scours in the shoulder shall be repaired before grading.
Grading of shoulders shall be 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 Contractor shall uplift and remove from the site any excess material and dispose of this in an
approved disposal site.
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.
i) There is no edge rutting or low shoulder greater than 50mm depth when measured from the
edge of the sealed surface to the shoulder aggregate or soil at any location when measured by
tape measure. There shall be no high shoulder extending above the level of the sealed surface
when measured with a 3m straight edge.
i. There are no more than 10 potholes within any continuous 1km centre line length with a
diameter greater than 300mm.
ii. The maximum diameter of any single pothole shall not be greater than 400mm.
iii. No pothole shall be greater than 100mm in depth when measured by tape measure.
iii) The maximum aggregated length of either shoulder with visually inadequate drainage cross-
fall, shall not exceed 100m within any 1km length when measured with a calibrated vehicle
displacement meter.
i) Within any continuous 1km centreline length the ponding of water to 15mm or greater in
depth (measured from the top of the pavement surface) on the sealed pavement shall not
exceed 20m in continuous length when measured by tape measure.
i) Within any continuous 1km centreline length the outlet pipe of any collecting structure shall
have no more than 20% of the pipe depth filled with debris when measured by tape measure.
i) All existing painted concrete or masonry structures on cross drainage facilities shall be
maintained in a painted condition with no areas of paint loss or flaking noted within the audit
length.
ii) No more than two culvert/pipe inlets, outlets or barrels within the audit length shall have more
than 10% of the depth of the pipe opening / diameter filled with debris when measured by tape
measure.
iii) No more than to culverts within the audit length shall have the height of vegetation, silt or
other debris in the adjacent open drain more than 100mm above the culvert pipe invert within
2m of the inlet or outlet when measured by tape measure.
[Relevant Specifications: IRC: 7 – 1971; IRC SP:13-2002; IRC SP:42-1994; IRC SP:50-1999]
i) There are no more than 5 total occurrences of blocked drain within any continuous 1km
centreline length. A drain is considered blocked if water is observed visually to pond and/or
water does not readily flow to the outlet points due to accumulated debris in the channel.
ii) For Village / Urban Sections : The maximum depth of debris, sand, silt or other obstructions in
side drains within the RoW shall not exceed 10% of the depth of the drain when measured by
tape measure.
15.7.1 General
The Contractor is responsible for the visual inspection and routine maintenance of all bridges and other
structures along the roads and road sections included in the contract. In particular, he will be
responsible for the correct functioning of the structures and the safety and comfort of road users while
using the structures under normal conditions.
The Contractor shall also carry out a detailed structural inspection by a Specialist Bridge Engineer at
least once a year on all bridges and submit a detailed report on the structural condition of all bridges to
the Employer within 1 month of the inspection. The Contractor shall be responsible for supply and
operation of necessary platforms and specialist inspection access equipment necessary for this work.
Note: The reconstruction, structural repair and improvement of bridges and other structures are
excluded from the Contractor‘s obligations, unless otherwise agreed with the Employer and notified by
the Project Manager in writing as a variation to this contract.
The Contractor shall carry out the following routine maintenance requirements for all structures:
(a) Cleaning and clearing:
• Clean deck, footways, expansion joints and bearings 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 asphaltic/granular wearing surface
• Replace running planks on wooden decks if damaged
• Concrete repairs < 1m3 at any one location
(c) Repair or painting of railings and bridge furniture
• Where previously painted, the Contractor shall maintain all painted posts /parapets/railings
/headwalls on culverts and/or bridges
• Repair spalled railing posts/parapets and Accident 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 bridge signs and markings where required including any identification numbers
• Repair and/or strengthen existing mild steel railings.
• Concrete repairs < 1m3 at any one location
• Vandalism including the removal of graffiti
(d) Adjacent waterway maintenance
• Ensure adequate drainage on the structure‘s approaches and embankments
• Remove all debris in and around bridge and within 10 metres upstream and downstream
• All minor scours (≤ 5m3) shall be repaired. If the scour is > 5m3 at the time of the initial
inspection, the Project Manager is to be notified. Where any proposed repair is agreed with the
Project Manager this would be completed as a variation to this contract.
Where the Contractor is notified of any defects that are a potential safety hazard to the road
users, he shall secure the site and undertake appropriate repairs within the same time frames
required for Incident and Emergency Works Response.
15.7.2 Conformance requirements of RUS&CPM-4
A. Cleaning
i) There is no more than 1 bridge or other major structure with graffiti (including any
unauthorized advertisements or written material) on them in the total length of highway
audited for the month based upon visual assessment.
B. Damage
i) There shall be no structure exhibiting unreported damage that could potentially impact upon
structural integrity based upon a visual assessment.
C. Specific Maintenance
i) There shall be no more than one structure identified in the monthly audit that has debris on the
deck surface or in expansion joints, piers, abutments, bearings or any other unreported minor
non-structural damage based upon visual assessment.
Notes: Refer Appendix 6 for details on Bridges and Minor Structures Inspections.
Requirements for guardrails, handrails and sight rails are set out in Clause 15.16 and Clause
5.12.
15.8.1 General
The Contractor shall identify any unauthorised stockpiling of materials, goods or similar in the RoW
and where possible request the owner to remove as soon as possible.
Where materials are not removed, the Contractor shall notify the Employer who will have such
materials or obstructions removed. Where authorised by the Employer, and if necessary assisted by the
Police, the Contractor shall make efforts to remove any such materials or obstacles
ii) Built-Up Areas: The number of obvious and separate items of litter or domestic rubbish within
the RoW within a continuous 1km centreline length shall be less than 10 based upon visual
assessment. Built-up areas under the jurisdiction of a defined municipal authority or
committee are exempt from this requirement.
15.9.1 General
Response Time is the time in which the Contractor must be on site with at least basic equipment for
the clean-up, traffic control and site securing after becoming aware or receiving notification of an
incident. Unless specifically requested otherwise by the Project Manager, the Contractor is required
to report Conformance with the Response Times. Where the Project Manager or Employer become
aware of a failure to achieve the response time requirement a non-conformance will be recorded
unless the Contractor can provide clear and verifiable evidence to the contrary.
The term Time of Notification is defined as the time the Contractor is advised of the emergency by
the Employer, Contractor‘s personnel or a third party such as the Police, or member of the public.
The Employer reserves the right to engage additional resources to supplement those provided by the
Contractor if the Contractor is unable to provide adequate resources to manage the Incident or
Emergency Work.
15.10.1 General
The Contractor shall maintain 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. Areas of control are defined in Appendix 4.
The Contractor shall ensure that the 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.
Trees and shrubs located in landscaped areas should be considered as landscaping and protected as
such unless otherwise instructed by the Project Manager. The Contractor shall confirm with the
Employer the maintenance of any plants, shrubs and trees of any centre median in Built-Up Areas.
Trees or other vegetation that are leaning and present a safety hazard should be lightly trimmed back to
remove the hazard. In addition, dead or dying vegetation that is either located within the vegetation free
zone or could fall on vehicles or pedestrians must be removed. Leaning vegetation can be detected by
visual inspection. Trees requiring more extensive trimming or complete removal to achieve adequate
sight distance shall be reported to the Project Manager in the Contractor‘s monthly report. The
Contractor shall then coordinate any work with the Forest Department in the removal of these trees.
The Contractor shall identify any areas of dead or dying trees, shrubs or similar vegetation that have
been planted for amenity, landscaping, screening, erosion control or similar purposes within the RoW
and report these to the Project Manager within the subsequent Monthly Report. This information shall
clearly identify the location, area/number and cause of the vegetation dying. Following receipt of this
information, the Project Manager may request a price from the Contractor for these areas to be re-
planted or re-vegetated with appropriate species.
15.10.2 Tree Removal
The Contractor shall seek approval for the removal of any trees from the Forestry Department where
this is necessary to maintain the ―Vegetation Free Zone‖ or where sight distance cannot be achieved.
So long as the Contractor has sought approval or has notified the Employer in writing of other
impediments preventing this from being granted then inadequate performance measures will not be
recorded as a non-conformance.
The Contractor shall submit information on vegetation control carried out for the month in a format
agreed with the Project Manager.
i) Vegetation control shall be carried out to the extent indicated by the shaded zone on Diagrams
A and B in Appendix 4 including grass on all traffic islands. There shall be no vegetation on
the sealed surface and no trimmed or slashed vegetation left on any sealed pavement surfaces,
shoulders, traffic islands or drainage channels. Conformance will be based upon visual
assessment and vertical clearances verified only where necessary with a survey pole.
ii) Maximum height of vegetation on the shoulder for a width of 1m from the edge of the sealed
pavement shall be less than 100mm when measured by a ruler.
i) More than Two Lane or SH‘s : The maximum sight distance at all intersections, railway
crossings and single lane bridge approaches when seated in a vehicle shall not be less than
180m when measured by a calibrated vehicle displacement meter.
ii) Two Lane or MDR‘s: The maximum sight distance at all intersections, railway crossings and
single lane bridge approaches when seated in a passenger vehicle shall not be less than 120m
when measured by a calibrated vehicle displacement meter.
iii) Intermediate and Single Lane : The maximum sight distance at all intersections, railway
crossings and single lane bridge approaches when seated in a passenger vehicle shall not be
less than 80m when measured by a calibrated vehicle displacement meter.
[Relevant Specifications: IRC: 66 – 1976 – Section 9]
15.11.1 General
The Contractor shall proactively maintain all Signs , including those installed by the PWD B&R. These
signs in general include:
• Regulatory signs including Stop and Give Way and advance warning signs on roads intersecting
the contract area and no stopping signs within Built-up Areas
• Permanent warning signs
• Chevron boards, sight-rails, bridge end markers, and obstruction markers
• Bridge name signs, village name signs, seasonal signs, guide signs, motorist service signs (rest
areas, tea houses, petrol supplies) tourist and information signs
• Displacement reference and position signs and markers, culvert markers, kilometre markers, and
bridge end position markers.
• Warning signs indicating silence and speed control zones such as schools, worship places,
hospitals etc
• Tourist and Service signs
Signs not covered by this clause include:
• Signs with flexible faces
• Internally illuminated signs
• Variable message signs
• Privately funded Service signs
Where necessary the Contractor will work with the Employer to resolve the ownership and
authorisation of any signs that may appear in the RoW.
Other than damage or loss arising from ―Unforeseen Natural Phenomena‖ The Contractor shall carry
the risk of all damage and loss resulting from all other causes including theft and vandalism.
15.11.2 New Signage to Meet Current Road Standards
The cost of any additional new signage required to bring the sign asset up to the required standard
(including frangible bases where appropriate) for the defined road category shall be deemed to be
included in the Contractor‘s Lump Sum price for Network Performance Works.
i) All new hardware installed complies with IRC specifications and standards for Traffic Signs
and complies with all local Standards for the Manufacture and Maintenance of Traffic Signs,
Posts and Fittings.
B. Signs Maintenance - Regulatory, Warning, Advisory Speed Signs and Chevron Markers
i) The number of signs that are broken, damaged, discoloured, dirty, missing, obscured by
vegetation, graffiti or posters or otherwise not performing as intended within any continuous
5km centreline length shall not exceed 2 based upon a visual assessment.
ii) There is no more than 1 sign not visible at night from a distance of 160m, with head-lights on
dipped beam, and/or has a reflectivity of less than 50% of its original reflectivity (if measured
by a calibrated retro-reflectively meter) within any continuous 5km section. Distance shall be
measured by a calibrated vehicle displacement meter.
iii) There are not more than 5 incorrectly aligned signs (5% from the vertical) when measured
with a spirit level and tape measure within any continuous 5km section. There shall be no
signs that are more than 15% from the vertical within the 5km section.
iv) There are no signs which carry incorrect or misleading information (e.g. Incorrect Place
Names or distances) based on visual assessment.
i) There is not more than 1 missing; or 2 damaged, dirty, discoloured signs within any
continuous 5km section based upon a visual assessment.
ii) There are not more than 2 reflective signs not visible at night from a distance of 160m, with
head lights on dipped beam, and/or has a reflectivity of less than 20% of its original
reflectivity (if measured by a calibrated retro-reflectively meter) within any continuous 5km
section. Distance shall be measured by a calibrated vehicle displacement meter.
iii) There are not more than 5 incorrectly aligned signs (5% from the vertical) when measured
with a spirit level and tape measure within any continuous 5km section.
iv) There are no signs which carry incorrect information based on visual assessment.
i) There are no more than 2 unauthorised signs within any continuous 5km section based on a
visual assessment, unless previously reported and/or agreed with the Project Manager not to
remove.
i) Routine Inspections – All existing or installed frangible posts must be inspected every 6
months and a summary of the inspected signs reported to the Project Manager within 7 days of
the inspection. The Project Manager to inspect and sight the inspection summary.
ii) Damage – All damaged frangible posts are repaired within 48 hours or the next working day
during weekends and/or public holidays unless otherwise agreed with the Project Manager.
Confirmation of completed repairs must be included in the Monthly Report
i) More than Two Lane, Two Lane and Intermediate or SH‘s, MDR‘s, ODR‘s: Routine
Inspections – All sign gantries, including township entry sign structures, are checked every 6
months and that they are being maintained in fully operable condition. Based upon the
Contractor‘s inspection records and audits. Copies of inspections and audits to be included in
the Monthly Report.
ii) More than Two Lane, Two Lane and Intermediate or SH‘s, MDR‘s, ODR‘s: Damage – All
damaged sign gantries, including township entry signs, are repaired within 48 hours or the
next working day during weekends and/or public holidays unless otherwise agreed with the
Project Manager. Based upon Contractor maintenance records and visual observations.
Confirmation of repairs to be included in the Monthly Report.
15.12.1 General
On sections of road where Raised Pavement Marker‘s (RPM‘s) have been installed, the Contractor
shall maintain and replace any missing RPM‘s. All new RPM‘s installed shall be in accordance
MORT&H's circular Reference. No. RW/NH.33023/10/97-DO.III dated 11th June 1997. The
Contractor shall supply the manufacturers guarantee certificate confirming the RPM‘s meet the
required standard with the Monthly Report prior to installation.
The installation of RPM‘s on a section of road which previously did not have them installed shall be
only undertaken following instruction from the Project Manager and undertaken as a variation to this
contract. Any such new installations shall be subsequently maintained by the Contractor under their
Network Performance Works responsibilities.
i) Where installed continuously through the section length there are not more than 2 consecutive
dysfunctional or missing raised pavement markers (RPMs) and not more than 6 in total within
any continuous 1km centreline length based upon visual observation.
ii) There are no more than 5 RPMs within any continuous 5km centreline length outside the
required locations by more than ± 25mm when measured by a tape measure. Where set out
and installed by the Contractor they shall appear by eye to be straight or on a true curve.
iii) An RPM shall be deemed to be non-conforming if it is not clearly visible at night, when
viewed from the centre of the lane from a distance of 160m with headlights on full beam, or
80m on dipped beam measured by a calibrated vehicle displacement meter.
15.13.1 General
Other than damage or loss arising from ―Unforeseen Natural Phenomena‖ The Contractor shall carry
the risk of all damage and loss resulting from all other causes including vehicle damage, spillages,
normal wear and tear and bitumen bleeding.
i) There is not more than one 10m length measured by tape measure within any continuous 5
kilometres where the pavement markings (new installations or remarks) do not comply with
the IRC Specifications for Pavement Markings. Based on visual assessment.
ii) There is not more than 20 metres within any continuous 1km centreline length that are not
clearly visible during the day or at night, when viewed from the centre of the lane from a
distance of 160m with headlights on full beam, or 80m on dipped beam when measured by a
calibrated vehicle displacement meter.
iii) The Contractor shall carry out a new set of pavement marking of the entire network in the first
year of the contract except the lengths under construction. A construction completion report is
to be submitted and sighted by the Project Manager within 15 days of the remark completion.
iv) All areas of high wear or loss identified from monthly audit visual inspections to be remarked
within 60 days of identification. Based on visual assessment. Summary of lengths remarked is
to be included in the monthly report submitted after the completion of the remarking.
15.14.1 General
The Contractor is responsible for the maintenance to all of the traffic island structures on all
intersections, divided medians and roundabouts etc within the contract area. All damage including that
as a result of vehicle collisions, vandalism and theft is to be repaired including repainting and the
installation of reflective delineators where necessary.
15.14.2 Conformance requirements of RUS&CPM-11
i) There is not more than one location where a defined traffic island, roundabout or similar traffic
directing structure is visibly damaged and has not been programmed for repair based upon a
visual assessment.
15.15.1 General
A barrier is any structure that protects road users from known hazards. Barrier maintenance excludes
sight rail, hand rail and pedestrian barrier maintenance (covered by Clause 15.16).
manufacturer of the components used that the installation complies all applicable crash barrier
performance standards.
15.15.3 Conformance requirements of RUS&CPM-12
A. Crash Barrier Maintenance
i) All damaged barriers are secured after damage and do not compromise road user safety, within
8 hours of observation or notification. The Contractor is to provide written confirmation to the
Project Manager when completed.
ii) All damaged barriers are permanently repaired within 15 days or as otherwise agreed with the
Project Manager from the time of notification. Confirmation of repairs is to be included in the
Monthly Report.
iii) All components have been installed in Conformance with the manufacturer‘s installation
instructions, are structurally sound and functional, of uniform appearance, clean of any
graffiti, unauthorised markings, signs, posters etc
15.16 Sight Rail, Hand Rail and Pedestrian Barrier Maintenance (RUS&CPM-13)
15.16.1 General
Sight Rails, Hand Rails and Pedestrian Barriers provide guidance to road users both drivers and
pedestrians. Pedestrian Barriers shall be constructed in accordance with IRC specifications.
Sight Rails may be wooden rails to provide a visual guide on the road alignment to road users. They
can also be used on approaches to bridges.
Hand Rails include those that that are located on bridges (i.e. abutment to abutment) and Pedestrian
Barriers which prevent inappropriate or unsafe access to the carriageway.
15.16.2 New Installations
The Contractor shall identify any locations where the installation of barriers may increase the safety to
pedestrians and other vulnerable road users and report these to the Project Manager along with an
estimate for installation. Following approval from the Employer, the Contracting would be instructed to
install these as a variation to the lump sum.
i) All damaged rails and barriers are secured so the damaged barrier does not compromise road
user safety, within 8 hours of observation or notification.
ii) All damaged rails and barriers are permanently repaired within 2 weeks or as otherwise agreed
with the Project Manager from the time of notification.
iii) All components have been installed in Conformance with the manufacturer‘s installation
instructions, are structurally sound and functional, of uniform appearance, clean of any
graffiti, unauthorised markings, signs, posters etc
The Contractor shall maintain all existing marker posts, distance stones, hazard markers and delineators
within the contract area. Where any markers are missing or damaged, the Contractor shall replace these
with new markers meeting the required specifications.
15.17.2 Conformance requirements of RUS&CPM-14
A. Marker Posts (Kilometre Stones, 200m Metre Stones, Boundary Pillars, Edge Markers,
Culvert Markers, Distance Markers, Hazard Markers, Road Delineators etc.)
i) All marker posts comply with the IRC specifications for materials, visibility and spacing,
including the maintenance of all painted surfaces
ii) There are not more than two ―missing‖ marker posts in a row. (―Missing‖ includes marker
posts with missing reflectors, or reflectors that cannot adequately be seen due to excessive
build up of dirt). At least 80% of all reflectors must be intact.
iii) Marker posts are clear of any vegetation obscuring the marker above 200mm from ground
level.
15.18 Road User Service and Comfort Performance Measures, and Weightings
Weightings to be Applied to
the Recorded Non-
Conformance
Non-Conformance Relating to Notes
Sub
Weighting
Weighting
Weightings to be Applied to
the Recorded Non-
Conformance
Non-Conformance Relating to Notes
Sub
Weighting
Weighting
No. of
Consecutive non-
consecutive
Conformance
Months since
relating to the same
the same
Repeat Service Level RUS&CPM non- RUS&CPM Service
6 service level
conformance. Level reported in
non-
subsequent monthly
conformance
audits beyond
initially
Month Six
identified
Any un-reported
Non-Conformance
identified by the
Failure by the Contractor to identify and report Employer,
RUS&CPM non-conformance within any audit Monitoring
length or any MPM non-conformance not 6 1 Consultant or
identified or included in the Conformance Independent Auditor
Management Unit‘s monthly audit summary. beyond Month Six
will attract an
increased weighting.
No. of weeks
Safety hazards with
the work
the potential to
Any immediate safety hazard to road users that remains un-
damage vehicles or
has not been made safe by the Contractor completed
6 injure road users
following instructions from the Employer or following a
identified at any
Project Manager. written
location on the
instruction to
network.
proceed.
Weightings to be Applied
to the Recorded Non-
Conformance
Non-Conformance Relating to Notes
Sub
Weighting
Weighting
No. of
Pavement Roughness (RDPM-2) 5 Refer Section 8.2.2.
Months
17. PAYMENTS
17.1 General
This is a Lump Sum price Contract, further apportioned in fixed proportion for each of the four
components of the Contract. The payments for the Works component i.e. for the Improvement Works,
Rehabilitation Works and Resurfacing Works shall be made on the basis of completed linear centreline
lengths and for the Services component i.e. for Network Performance the payment shall be a fixed
periodic amount.
A fixed portion of the payments for Network Performance are subject to reductions based on the
conformance record of the Performance Measures specified for efficient management of the Network.
Emergency Works shall be paid as approved by the Project Manager as provided for in the Contract.
Price adjustments for inflation are allowed for this Contract – refer to GC Clause 48.1.
The method of measurement of completed work for payment shall be in accordance with the
measurement and payment provisions of the relevant section of the Specifications.
During the execution of the contract the Contractor shall not be entitled to any payments to execute any
additional Improvement Works, Rehabilitation Works or Resurfacing Works in excess of the quantity
in the Accepted Programme for that year unless any additional quantity is approved in advance by the
Employer.
In the following derivations of the respective unit rates for Improvement Works, Rehabilitation Works
and Resurfacing Works the Lump Sum Bid Price is that set out in the Letter of Bid and the Contract
Total Lengths are those set out in the respective Payment Schedule tables.
Contract Payment
Output Category Percentage apportioned to
the Lump Sum Bid Price
Improvement Works P1
Rehabilitation Works P2
Resurfacing Works P3
Network Performance P4
Total 100%
*P1, P2, P3, P4 are the percentages as agreed to be incorporated in the Contract having apportioned
percentages of Lump Sum price for the specific work.
17.3 Payments For Improvement Works
a) The Payment Schedule for Improvement Works lists a set of identified interventions to be
carried out by the Contractor for each year of the contract that add new characteristics to the
Road in response to existing or new traffic, safety or other conditions, as defined in the Bid
Data Sheet and the Specifications.
b) Payment for Improvement Works shall be made based upon the assessed centreline kilometres
fully completed and claimed by the Contractor and verified by the Project Manager.
Verification includes all required post construction testing.
c) The derived unit rate for payment purposes shall be based upon the percentage of the Lump
Sum bid price (Component A. of the Contract Price) mentioned in the Letter of Bid
apportioned for the Improvement Works (P1% in current case) divided by the total kilometres
scheduled in the Payment Schedule for Improvement Works to be completed over the duration
of the contract.
d)
Derived Unit Rate ( /km) for Improvement Works (Widening with Rehabilitation of the Existing Pavement) =
e) Except for the final Periodic Statement for the respective year of the Contract, the Contractor
shall be entitled to request payment only when fully completed (but previously unclaimed)
Improvement works equals or exceeds a minimum of Two (2) kilometres of aggregated
centre line length.
f) Failure to achieve the required annual quantity (as planned - Refer Specifications Section) of
Improvement Works shall result in imposition of Liquidated Damages pursuant to GC clause
39.3.
g) The Employer reserves the right to increase or decrease the quantity of Improvement Works
within ± 20% of the total contract quantity. Where the Employer increases or decreases the
total contract quantity of Improvement Works, the value of the Output Category shall be
adjusted up or down by the respective weighted unit rate.
h) The Employer shall only pay once for all completed improvement works i.e. total payment for
the improvement works shall be restricted to the quantities scheduled in the Payment Schedule
A. Improvement Works). Where any section of pavement constructed is deemed by the
Employer to have failed before the completion of the contract duration then the required re-
construction will be undertaken by the Contractor at no cost to the Employer.
a) The Payment Schedule for Rehabilitation Works sets out a minimum annual quantity (annual asset
preservation quantity) in equivalent km‘s for each year of the Contract, that must be completed by
the Contractor.
b) Payment for Rehabilitation Works shall be made based upon the assessed centreline kilometres
fully completed and claimed by the Contractor and verified by the Project Manager. Verification
includes all required post construction testing.
c) The derived unit rate for payment purposes shall be based upon the percentage of the Lump Sum
bid price (Component A. of the Contract Price) mentioned in the Letter of Bid apportioned for the
Rehabilitation Works (P2 % in current case) divided by the total kilometres scheduled in the
Payment Schedule for Rehabilitation Works to be completed over the duration of the contract.
d) Except for the final payment request for the respective year of the contract the Contractor
shall be entitled make a payment request only when fully completed (but previously
a) The Payment Schedule for Resurfacing Works sets out a minimum annual quantity (annual asset
preservation quantity) in equivalent km‘s for each year of the Contract that must be completed by
the Contractor.
b) Payment for Resurfacing Works shall be made based upon the assessed centreline kilometres fully
completed and claimed by the Contractor and verified by the Project Manager. Verification
includes all required post construction testing.
The derived unit rate for payment purposes shall be based upon the percentage of the Lump Sum
bid price (Component A. of the Contract Price) mentioned in the Letter of Bid apportioned for the
Resurfacing Works (P3 % in current case) divided by the total kilometres scheduled in the
Payment Schedule for Resurfacing Works to be completed over the duration of the contract.
c) Except for the final Periodic Statement for the respective year the Contractor shall be entitled
make a payment request when fully completed but previously unclaimed, resurfacing works
equals or exceeds a minimum of Five (5) kilometres of aggregated centre line length.
d) The Employer shall only pay once for all completed resurfacing works i.e. total payment for the
resurfacing works shall be restricted to the quantities scheduled in the Payment Schedule: C.
Resurfacing Works). Where any section of resurfacing is deemed by the Employer to have failed
before the completion of the contract duration then the required re-construction will be undertaken
by the Contractor at no cost to the Employer.
e) Failure to achieve the required annual quantity (as planned - Refer Specifications Section) of
Improvement Works shall result in imposition of Liquidated Damages pursuant to GC clause 39.3.
a) Payment shall be made in accordance with the actual performance of the Contractor and
conformance with the Service Level criteria given in the Specifications. Failure to meet the
Service Levels will result in payment reductions in accordance with Clause 47 of the General
Conditions and the relevant Performance Specifications.
b) For the purpose of payment, against the apportioned amount against Network Performance
Component (specified in the Letter of Bid: P4 %) the Contractor shall be paid an equal payment for
Network Performance. This payment shall be one 40th of the prescribed Network Performance
percentage of the Lump Sum price as indicated below and paid every three (3) months:
c) From the commencement of the contract and for the balance of the contract duration, up to a
maximum of 40% of this Monthly Network Performance payment shall be subject to the
Contractor demonstrating adequate conformance with the specified performance measures as set
out under Specification Sections 14, 6 and 16 and Network Performance Appraisal Section 18.
A monthly audit cycle undertaken by the Contractor and verified by the Employer will be used to
determine the overall level of conformance and the Contractor‘s entitlement to this sum as set out
in Table 18.5.1. The monthly adjustment will be made to the average monthly value of the Net
Performance Value and aggregated into the quarterly payment.
The adjustment to the proportion of the periodic Lump Sum payable for Network Performance Works to
allow for any additions and deletions of sections of road may be determined in accordance with the
following formulae:
LS (LT LB) WB
Mn
40 LT
Where:
Mn = Periodic Lump Sum amount for Network Performance Works applicable for month
number ―n‖ (with n being from 1 to 40 for quarterly payments).
LS = The value of the Lump Sum percentage applicable for Network Performance Works
for the Contract Duration as stated in the Payment Schedule for Network Performance
Works.
LT = Total length of Contract Roads (km) included in the Contract and as stated in the
Payment Schedule for Network Performance Works.
LB = Length of Road (km) added or subtracted to the Contract Length under the Contract
for which Network Performance responsibilities have been, or will be, carried out by
the Contractor for the month in question.
WB = Proportionate cost of carrying out the Network Performance Works on the added or
subtracted section relative to the full cost of Network Performance Works for a typical
section of equivalent road classification. The Contractor shall submit a detailed
analysis of the change in proportionate cost as a result of any variation in total network
length to the Project Manager. The value of WB shall be agreed by the Project
Manager before approval by the Employer.
17.8 Remuneration of Emergency Works
a) Payment shall be made for the Actual quantities for Emergency Works specified in Work Orders,
issued by the Project Manager in accordance with the General Conditions. The basis of payment
for Emergency Works will be the actual quantities of work ordered and carried out, as measured
by the Contractor and verified by the Project Manager and/or other delegated personnel from the
Monitoring Consultant‘s organisation and valued using the Bill of Quantities rates inclusive of
price adjustments where appropriate:
b) Where items of Emergency Work carried out by the Contractor are not covered under the Bill of
Quantities rates then the work will be valued as provided for under GC Clause 63.2.4.
c) The Contractor‘s Periodic Statement for ordered Emergency Works shall be based upon these rates
and in accordance with the relevant clauses of the GC.
d) The Contractor‘s Periodic Statement for any ordered Emergency Works shall be sufficiently
detailed to enable the Project Manager to readily determine and verify the quantity of work
completed and the basis of the rates that have been applied. Where the Contractor fails to provide
sufficient detail to enable this assessment to be easily and efficiently undertaken then the
Employer may reject the Periodic Statement until such time as the Contractor supplies the required
level of detail and supporting information.
The Monthly Contract Non-Conformance Score (MNCS) is calculated using the following equation:
Where:
NCR‘s = Number of non-conformances identified for each service level
Weighting = The severity weighting applied: Refer Respective Performance Measures and
Weightings
Sub weighting = The sub weighting applied, as a measure of time. Refer Respective
Performance Measures and Weightings
Multiplication Factor
Number of
Refer Non-
note Non-conformance Sub
Conformances Weighting Score
Above Weighting
A B AxBxC
C
MPM- 4 Traffic
A 2 4 5 40
Management
MPM- 6 Design and
B 1 4 1 4
Construction Methodology
RUS&CPM- 7 Vegetation
F 15 1 1 15
Control
RUS&CPM 8 Roadside
G 5 6 3 90
Signs Maintenance
I RDPM non-conformance 0 5 0 0
RUS&CPM Generated by
J 5 6 1 30
the Employer
Where the aggregated Monthly Contract Non-Conformance Score is higher than the threshold values in
Table 18.5.1, the Performance Achievement Payment, i.e. 40% of the Contractor‘s average monthly
Lump Sum payment for Network Performance, shall be zero.
Monthly performance audits shall commence from the first month of the contract, but the Performance
Achievement Payment shall be withheld for the first six months of the contract. The averaged Non-
Conformance score for these first six months will then be used to determine the value of the withheld
Performance Achievement Payments (i.e. Payment made for first six months = six(6) times the average
of the monthly Performance Achievement Payment value recorded for first six months). This shall be
paid after the sixth month as set out in Table 18.5.1. Any repeat RUS&CPM non-conformance from
months 1 to 6 shall have a sub-weighting of zero up to month 6.
Table 18.5.1Phase-in for Performance Achievement Payment Threshold Values (40% Audit)
Contract Period from Contract Performance Achievement Payment Threshold Values and
Date of Possession of Site Percentage Achievement Payment Entitlement.
Threshold Score for Full Payment Threshold Score for Zero Payment
90%
Achievement Payment
80%
70%
60%
50%
40%
30%
20%
10%
0%
10
14
16
18
22
24
28
30
32
36
38
44
46
50
52
54
58
60
64
66
68
72
74
80
82
86
88
90
94
96
12
20
26
34
40
42
48
56
62
70
76
78
84
92
98
100
0
2
8
4
6
Monthly Aggregated Non-Conformances Score Recorded Above the Threshold Score for Full
Payment
For monthly aggregated non-conformance scores recorded between the above threshold values the
Performance Achievement Payment will be reduced using the above formula where X = the value of
the non-conformance score recorded above the Threshold Score for Full Payment and Y = the
proportion of the full Performance Achievement Payment to be made calculated to 2 decimal places.
The timeframes for the Contractor to reach acceptable conformance with these as a percentage of the
total Contract length is set out in Table 18.6.1.
Table 18.6.1 Timeframe for Full Conformance of Specific Performance Measures (by Contract
Length)
No. months since start of Contract Specific Performance Measure
Conformance required on
(% of total length of roads under audit)
0-6 months No minimum set
7 45%
8 50%
9 55%
10 60%
11 70%
12 80%
13 – 24 90%
Beyond 24 months till the end of 100%
Contract
Any non-conformance recorded for any of the above measures will result in the entire 5km audit
section being removed from the overall aggregated non-conforming total.
Where the required length of full conformance from 18.6.1 is not achieved for these specified
performance measures, the Contractor‘s Performance Achievement payment shall be reduced in
proportion to the total aggregated non-conforming percentage.
Hence in first 24 months (2 years), there will be two assessments undertaken to determine the
Performance Achievement Payments:
From month 25 to the end of the contract duration, only Assessment 1 shall apply.
An example of Assessment 2:
Scenario A: In month 7, with a 40% audit sample (80km), at least 36km (45%) of the audit length must
be fully conforming for all of the above specific performance measures for the full Performance
Achievement Payment to be made.
Case 1: 45km (> 36km) of the audit length is fully conforming for all of the above specific performance
measures, then full Performance Achievement Payment to be made
Case II: 25km ( < 36km) of the audit length is fully conforming for all of the above specific
performance measures, then the Performance Achievement Payment will be reduced in proportion to
the percentage length conforming (25/36) or a Performance Achievement Payment of 69.4% (25/36 *
100) of the overall total.
Scenario B : In month 18, with a 40% audit sample (80km), the full length audited(100%)
i.e. entire 80 km must be conforming for the specific performance measures if the full Performance
Achievement Payment is to be made.
18.7 Adjustment to Performance Payment Threshold Levels Subject to Changes to the Road Sections
Comprising the Contract
Where there are any changes to the length of the road sections within the contract area (i.e. additions or
subtractions over the contract duration) then the values of the Performance Achievement Payment
Threshold Levels shown in Table 18.5.1 shall be adjusted by the Project Manager, after seeking consent
from the Employer, taking into consideration the following factors:
(i) The total size of Performance Payment Threshold values which shall be adjusted on a pro-rata basis
to take into account the effect of the change of Contract length, and the length to be audited under
the 40% sample.
(ii) Current Service Levels of the sections added or subtracted to determine how they compare with
those remaining within the Contract. The Project Manager shall then recommend to the Employer if
a change in the progression steps shown in Table 18.5.1 is necessary.
Once the changes are agreed the Project Manager and the Contractor shall develop a plan for their
implementation as soon as practicable.
b) Without prejudicing the Employers rights under a) above, implement a further period, of three (3)
months, of performance assessment based upon defined outcomes for the contract‘s continuance.
This option shall be explored only once in the lifetime of the Contract.
Specifications
1 General
An ―Environmental and Social Management Framework (ESMF) for the OPRC Project Phase II of PSRSP‖ has
been prepared and finalised for this contract in April 2010. Part 2B: Specifications - Environmental and Social
Management is to be read in conjunction with the full ESMF report, which is available at the Employer‘s office
on request.
The Contractor shall be required to take all necessary measures and precautions to 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 Environmental and Social Management
Framework and elsewhere in this document.
The Contractor shall identify any critical or sensitive sections of the Contract‘s roads and will ensure that the
interests of the local community are not adversely affected by the Contractor‘s activities. Where the Contractor
becomes aware of any issues impacting upon his ability to complete the contract works, he shall communicate
these concerns to the Project Manager as soon as possible. The Contractor shall work with the Project Manager
and the Local Relationship Committee (LRC) to resolve these issues as efficiently as possible. The Contractor
shall be proactive in reporting to the Project Manager any other safety, social or environmental concerns relating
to the management of the RoW that are observed or he is made aware of as part of his day to day activities.
The Contractor shall take all measures and precautions necessary 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.
As the regulations are subject to change in the future, the OPRC Contractor is advised to undertake a thorough
review of regulations applicable on the project as part of the Environmental and Social Management process
recommended in the Contract.
Policy Framework
The international policies and treaties binding on Government of India and other related national environmental
policies that are relevant to PSRSP have been identified and highlighted below. All parties shall be aware of
their objectives and comply with them throughout the contract duration.
International Policies binding on Government of India
• Ramsar Convention on Wetlands, 1971
• Convention on Biological Diversity, 1992
• UN Millennium Development Goals
• Convention on International Trade in Endangered Species of Wild Flora and Fauna
• Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972
National Policies binding on Government of India/PRBDB/PWD
• National Environment Policy – 2006 (Ref: http://moef.gov.in/mef/policy.htm)
• National Conservation Strategy and Policy Statement on Environment and Development, June 1992
• Policy Statement for Abatement of Pollution, 1992
• National Forest Policy, 1988
• Wildlife Conservation Strategy, 2002
• National Water Policy, 2002
• Punjab State Water Policy, 2008 (Draft, yet to be notified by Department of Irrigation – Ref:
http://punjabgovt.nic.in/TENDERS/2008/new/230.pdf)
• Resettlement and Rehabilitation (R&R) Policy Framework for the Punjab State Road Sector Project
Regulatory Framework
The Contractor shall be aware of, and comply with, requirements of the following list of environmental, health,
safety and labour related legislations. This list is indicative and not exhaustive. The Contractor shall undertake a
thorough review of applicable regulations as part of the Environmental and Social Management process and
comply with prevailing regulations that are in force through the contract duration.
Environmental Regulations
• Environment (Protection) Act, 1986
• EIA Notification, 2006 (amended till date).
• Air (Prevention & Control of Pollution) Act,1981
• Water (Prevention &Control of Pollution) Act, 1974
• National Ambient Air Quality Standards and its amendments;
• The Plastics (Manufacture, Usage and Waste Management) Rules,2009,
• The Hazardous Wastes (Management, Handling and Trans-boundary Movement) Rules, 2008 and
amendments till date
• The Batteries (Management and Handling) Rules, 2001
• The Municipal Solid Wastes (Management and Handling) Rules, 2000.
• The Recycled Plastics Manufacture and Usage Rules, 1999 and Amendment Rules, 2003
• The Manufacture, Storage and import of Hazardous Chemical Rules, 1989
• The Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 2000.
• The Bio-Medical Waste (Management and Handling) Rules, 1998 and Amendment Rules, 2003.
• Fly Ash Notification, 1999 amended to 2003
Other Guidelines
• Environmental Guidelines for Rail, Road & Highway Projects, 1989 (MoEF)
• EIA Manual published by Ministry of Environment &Forests, January 2001
• IRC: 104:1988, Guidelines for EIA of Highways Projects
• IS Codes and CPCB Guidelines for monitoring & analysis of air, water, soil etc
• The World Bank Operational Policies (http://go.worldbank.org/4D2JSWFIW0)
The Contractor shall be aware of the following clearances that are specific to the management of the Contract,
including any subsequent amendments:
• Environmental Clearance requirements for State Highway projects as per December 2009
amendment to EIA Notification, 2006;
• Forest Clearance for diversion of Forest Lands for non-forest purposes in the case of where
diversion of forest land is required
• Forest Clearance for felling and branches trimming of trees from RoW of existing roads from the
Punjab State Forest Department
• Permission for withdrawal of groundwater for construction from Central/State Ground Water Board
• Permission for withdrawal of surface water from rivers and canals from Irrigation Department,
Government of Punjab
• Permission for locating and operating borrow area pits from Local Administration/ Panchayats
• Installation and operation of Hot Mix plants, Concrete batching plants and Crushers require Consent
from Punjab State Pollution Control Board under Water and Air Acts
• Authorization for Storage, handling, transport and disposal of hazardous materials from Punjab State
Pollution Control Board under Hazardous Waste (Management and Handling) Rules, 1989
• Consent for discharge of air / water pollutants from workers camp, DG set installations, equipment
and storage yards from Punjab State Pollution Control Board under Air, Water Acts and HWM
Rules
• License for Quarries (in case of opening of new quarries) from Department of Mining, Govt of
Punjab
• Permission for sand mining from river bed from Department of Mining, Govt of Punjab
• Authorization for disposal of bituminous wastes, if any from Punjab State Pollution Control Board
under Hazardous Waste (Management and Handling) Rules, 1989
• All Construction vehicles and off-road equipment are to be registered with Regional Transport
Office as required under Central Motor Vehicles Act and possess appropriate PUC certificate; and
• Traffic Police clearance to divert traffic or change traffic scheme within an urban area.
A regulatory matrix generically applicable to this contract is included under Annexure 1.
To assist the Contractor to deliver sustained environmental and social (E&S) performance, this contract
references a set of codes of practice covering social and environmental aspects. These also define a minimum
level of E&S mitigation and performance. More details about the codes are presented in Annexure 1 and copies
of these are available from the Employer. This will be issued to Contractor upon request.
In addition to the codes of practice, generic design inputs to enhance E&S performance of the project have been
collated and presented in Annexure 1 for information and reference. The Contractor shall review the design
inputs recommended against typical E&S features observed on the contract area links and apply similar or
equivalent design interventions to improve E&S performance at the link and network level.
It is anticipated that the majority of the required interventions will not require land acquisition. However, land
acquisition may be required especially where the Contractor and Employer agree for geometric improvement
proposals in the future.
The policy may be invoked when any road is required to be cleared of any encumbrance including private land
acquisition before being considered for maintenance under this contract. This shall be the responsibility of the
Employer who is required to provide the Corridor of Impact (CoI) required for actual construction free of all
encumbrances to the Contractor.
Following any new encroachment or re-encroachment of cleared RoW that takes place post contract award, the
responsibility of initiating the process of removing the encroachment shall remain with the Employer, including
the payment of compensation as per the agreed R&R policy framework of Punjab State Roads Project. However,
the responsibility of monitoring and reporting re-encroachment to the Employer shall be the responsibility of the
Contractor.
The following process is recommended to be followed by the Contractor every time there is an encroachment on
the roads within this contract area (Refer SECP 10-R&R planning and RAP, Annexure 1 and Annexure 2). The
encroachment shall be treated as per the applicable clauses of the R&R policy.
The Contractor will be responsible for assessing the width of the corridor which is required to be cleared, and
remain clear, over the contract duration if the outcomes and objectives of this contract are to be achieved.
Consultation Process
Affected persons will be consulted and will have opportunities to participate in planning and implementing
resettlement programs during the course of the contract. The affected persons would normally be consulted at
least twice: once while planning and then to explain the contents of plans when these are finalised. In addition,
consultation would take place throughout the implementation of the Resettlement Action Plan. The methods of
consultation would include group consultations with male as well female affected persons, individual
consultations with PAFs, community leaders, elected representatives of Panchayats/Local Bodies and other
stakeholders who may be deemed suitable for consultation.
In order to carry out resettlement planning, implementation and monitoring it is important to collect baseline
socio-economic census data of Project Affected Person‘s (PAP‘s) (mainly non titleholders, tenants and broad
information that would be collected during these surveys relate to details of family members, religion, caste,
sources of income, occupation, ownership and type of structures, details of losses of assets to the project, etc.
The extent of impact on Common Property Resources (CPR‘s) shall also be covered during these surveys. In
addition, individuals and group consultations will be carried out to understand the needs and concerns of PAPs
with regard to various issues such as compensation, assistance, resettlement options, alternative options, value
addition to the project etc.
Based on the data collected from the primary surveys, Project Affected Families would be suitably identified as
titleholders and non-titleholders. The socio-economic conditions of PAP and type and extent of impact would be
worked out in order to prepare the Resettlement Action Plan.
There is no legal requirement for any prior information or disclosure to the local community about any activity
under this contract, except for undertaking R&R activities and blasting operations. However, as a good practice
and in long term interest of the contract and the Employer, the Contractor will undertake the following:
• Any work that will lead to temporary detouring of the traffic and is likely to cause inconvenience to general
public and road users and;
• Activity/work with potential for damage to private property and CPR‘s.
The Contractor shall therefore, inform the local community about their entry and range of activities they propose
to undertake. The Contractor shall also inform the local community about the measures to be adopted in order to
reduce the inconvenience including traffic management. The information should be sufficient to permit the local
community to assist the Contractor in avoiding any damage to private property or CPRs. The timing of this
information dissemination shall be sufficient to allow individuals to relocate clear of the RoW.
Major interventions involving more than two (2) days of work on site, partial or complete road closure and the
diversion of traffic, will require the Contractor to display information at prominent places and in such a manner
to ensure that individuals within the local community are effectively informed.
Other than where emergency works are required, the Contractor shall inform the local community about the
planned intervention/maintenance at least three (3) days in advance of the work commencing.
8 Grievance Management
The existing grievance redress mechanism as was established in the phase I of the Punjab State Roads Sector
Project will be followed. For details refer Resettlement and Rehabilitation policy framework of Punjab State
Roads Sector Project. (http://www.prbdb.gov.in/files/Acts/R&R%20Policy_eng.pdf).
In line with the performance measurement system under Section VI – Specifications; Part 2A: Performance
Specifications: Performance Specifications conformance with the required Environmental and Social
requirements of this contract will be monitored and the results used to determine any non-conformance. Each
individual breach of the CQAMP and/or its associated plans will be recorded as a non-conformance and will
remain in place until resolved to the satisfaction of the Project Manager.
Compliance with Environmental and Social (E&S) requirements will be determined against the Social and
Environmental Performance Indicators presented in Table 9.1. This table is indicative and not exhaustive.
Reporting environmental incidents is important so that any environmental problem/s or its resultant adverse
impact can be addressed quickly. It is a requirement that any pollution incident be advised promptly to the
Project Manager.
The proposed ESMF for the OPRC project is to be implemented by the Employer and Contractor as described in
the following sections. The Environmental & Social Management Framework consists of following nine (9)
steps and the responsibility for implementing the ESMF element is highlighted in the brackets:
A brief outline on the scope and purpose of ESMF process elements are outlined in the following sections.
Step 1A - Screening
The screening would include a rapid assessment for encroachment and other encumbrances including sensitive
receptors for the concerned link/corridor. In case screening result show no adverse social impacts, collection of
baseline data and preparation of RAP will not be required.
Figure 1 Environmental and Social Management Process Applicable at Link Level for OPRC Project
Step 8: Self-Assess Environmental Performance Step 9: E&S Performance Assessment by Employer (PWD)
Include Environmental Performance Audit as part of Monitoring Consultant as Project Manager on behalf of PWD will
Contractors Internal Conformance System audits routinely assess Social and Environmental Performance vis-à-
Assess Environmental performance vis-à-vis vis Performance Indicators defined under the contract including
Performance Indictors defined under the contract stakeholder responses.
(Refer to Bid Document) Monitoring consultant will extensively review ESMF process
Document the performance in appropriate reporting (steps 1 through 8) and its documentation maintained by
formats Contractor while preparing his own report.
Implement the audit outcomes/ findings at
appropriate level of management framework
Subsequent OPRC Project Intervention at Link Level - Re-start
the ESMF process once again from Step 1
Shaded boxes indicate the responsibility of implementing that Step lies with Employer through Monitoring Consultant
The scope of the process element would be to generate baseline information for following parameters (but not
limited to) at link level:
Tree survey and mapping on road alignment map
Utilities and other public services survey and mapping
Representative Environment Quality Monitoring for ambient air, surface water and ambient noise levels
Census and socio-economic survey of Project Affected Persons (PAP‘s) and impacted assets
Identification of sensitive receptors (e.g. schools, hospitals, colleges, religious places, etc.) including
community property resources (CPRs) and mapping
Land use mapping along the study corridor; and
All physical and other E&S features located within and along the road.
The strip plan maps prepared for individual OPRC links have been presented in the report titled ‗ESMF for
OPRC under Phase II of OPRC‘ available with Employer and can be used by the Contractor.
Step 2: Study OPRC Intervention Requirements
The scope of this process element would include reviewing the following intervention proposals to identify and
scope out E&S issues for further assessment as part of Step 4 process:
• Rehabilitation requirements
• Improvement / Widening requirements
• Network Performance (Routine Maintenance) activities
Step 3: Assess Applicable Policy and Regulatory Framework
Scope of this process element is to assess and identify applicable E&S Policy and Regulatory framework for the
identified OPRC intervention. Assessing and identifying the regulatory clearances that are required at an early
stage of the project life cycle enables the Contractor to receive the clearances in time before starting the
implementation of the civil works. If this is properly planned and pursued, the contract/proposed civil works
will not be held up for lack or delay in obtaining regulatory clearances. Any delay in obtaining clearances will
affect the overall performance of the Contractor, potentially leading to contractual penalties and other legal
issues. In fact, the proposed interventions are to be planned/framed within the ambit of applicable regulatory
norms and the over-all time that such processes usually take.
Hence, it is imperative on the part of Contractor to undertake Step 3 of ESMF process as early as possible
before each OPRC intervention cycle and confirm these requirements with the Employer well in advance.
To assist the Contractor, a Regulatory Clearance Matrix along with typical time schedule for obtaining each
clearance have been collated and presented in Table 1.1 which can be used for reference. Since regulations/rules
are modified / updated from time to time, the Contractor will keep itself abreast with such changing norms and
processes.
Step 4: Environment and Social Impact Assessment (ESIA)
The scope of this process element is to identify and assess likely/potential adverse environmental and social
impacts due to implementation of proposed OPRC interventions.
Established environmental impact identification and assessment procedures such as the ones
required/recommended by Ministry of Environment and Forests, Government of India in its EIA Manual and
The World Bank‘s OP 4.01 and Environment Assessment Handbook applicable for road sector projects shall be
used.
The Terms of Reference for conducting Environmental and Social Impact Assessments has been provided in the
Environmental and Social Management Framework Report. The Contractor shall refer to the said Terms of
Reference that lists out all the components that are to be included in the Environment and Social Impact
Assessment report. In addition, the Contractor will refer and use the latest guidelines/instructions of MoEF to
carry out the said studies.
The scope of Environmental and Social Assessment to be undertaken by the Contractor has been highlighted in
the Table 1.0. This has been provided to assist the Contractor to focus more on the link specific critical E&S
issues apart from the generic issues and address them through formulation of location-specific avoidance,
minimization, mitigation and management measures.
Table 1.0: Link-Wise ESMF Process Operational Summary Sheet – Minimum Requirements under the OPRC Contract
Preconstruction Preconstruction
Getting of various clearances as listed in table Getting of various clearances as listed in
1.1 table 1.1
Formulate link specific EMP/RAP (Step 6 of Entire ESMF process elements are
ESMF process) based on SECPs and Generic applicable
design inputs (generic EMP report available Under Step 4 of ESMF process,
with Employer) taking into account all issues undertake ESA by focusing on scoped
related to construction stage and other, if any. out E&S issues identified chainage-wise
Operate ESMF process Steps 7 to 9 for the links.
As per ESA report identified issues
Construction prepare environmental management plan
Getting of clearance from PPCB for all plant taking into account also activities related
S1: Sangrur - and machineries under Water and Air Acts. to construction stage.
1 Sunam MDR- Clearance from labour department for Not envisaged at this stage of the project
21 employing un-skill labour. Construction
Clearance from PPCB for disposal of hazardous Getting of clearance from PSPCB for all
wastes. plant and machineries under Water and
Clearance from mining department for Air Acts.
extraction of construction materials. Clearance from labour department for
Compliance to mitigations measures in the employing un-skill labour.
environmental management plan approved by Clearance from PSPCB for disposal of
the employer. hazardous wastes.
Documentation of activities as part of achieving Clearance from mining department for
Performance Indicators identified under the extraction of construction materials.
contract. Compliance to mitigations measures in
Evaluation and Monitoring as per table 4.3 of the environmental management plan
Appendices Final Report. approved by the employer.
Operation
Restoration of sites disturbed during
contract period, e.g.
Borrow Areas, Disposal sites,
Camp & Plant Sites
Right of Way, Waterway
Rehabilitation of Quarry or Crushers
sites newly opened under the project
Entire ESMF process elements are
Formulate link specific EMP/RAP (Step 6 of applicable
S3 Barnala – ESMF) based on SECPs and Generic design Under Step 4 of ESMF process,
3 Not envisaged at this stage of the project
Mansa SH-13: inputs undertake EA by focusing on scoped out
Operate remaining ESMF Process Steps 7 to 9 E&S issues identified chainage-wise for
the link along with generic issues.
Getting of various clearances as
listed in table 7.1.
Entire ESMF process elements are
applicable
Being a State Highway expansion
project, the proposed interventions
could attract the provisions of
Entire ESMF process elements are
S4 ODR-6/9 December 2009 amendment to EIA
Formulate link specific EMP/RAP (Step 6 of applicable
Mansa – Notification, 2006 warranting prior
ESMF) based on SECPs and Generic design Under Step 4 of ESMF process,
4 Talwandi Environmental Clearance from State
inputs undertake EA by focusing on scoped out
Sabo – EIAA. Undertake Consultation with
Operate remaining ESMF Process Steps 7 to 9 E&S issues identified chainage-wise for
Raman Mandi SEIAA or CEIAA as part of ESMF
the link along with generic issues.
Stage 3 process before undertaking
Stage 4 of ESMF process.
Under Step 4 of ESMF process,
undertake EA by focusing on scoped
out E&S issues identified chainage-
wise for the link along with generic
issues.
Operation
Restoration of sites disturbed during
contract period, e.g.
Borrow Areas, Disposal sites,
Camp & Plant Sites
Right of Way, Waterway
Rehabilitation of Quarry or Crushers
sites newly opened under the project
Entire ESMF process elements are
Formulate link specific EMP/RAP (Step 6 of applicable
S5 MDR-14:
ESMF) based on SECPs and Generic design Under Step 4 of ESMF process,
5 Dhanauli - Not envisaged at this stage of the project
inputs undertake EA by focusing on scoped out
Bhikhi
Operate remaining ESMF Process Steps 7 to 9 E&S issues identified chainage-wise for
the link along with generic issues.
Entire ESMF process elements are
B8 SH-17: applicable
Formulate link specific EMP/RAP (Step 6 of
Bhatinda -
ESMF) based on SECPs and Generic design Under Step 4 of ESMF process,
6 Kotshamir - undertake EA by focusing on scoped out Not envisaged at this satge of the project
inputs
Talwandi E&S issues identified chainage-wise for
Operate remaining ESMF Process Steps 7 to 9
Sabo the link along with generic issues
Pre-Construction Stage
01 Environmental EIA Notification, State Environmental Applicable only to 12 Months Contractor. PRBDB/PWD
Clearance 2006 and amended Impact Assessment State Highway
till date Authority or CEIAA Projects (OPRC The necessary
in MoEF, GoI Links S2, S3 and documents such as
B8 which are SH Form 1, ToR for
roads under EA/SA, Scoping
OPRC) subject to Applications, EIA,
consultations with SIA, EMP and RAP
SEIAA or CEIAA are to be prepared by
Contractor for this
purpose.
02 Consent to Water (Prevention Punjab State Subject to 3 Months Contractor Monitoring
Establish and Control of Pollution Control establishing Consultant
Pollution) Act Board Labour camps,
1974; Hot mix plants or
Air (Prevention and any water/air
Control of Pollution) pollution
Act 1981 generating units.
03 Wild Life Wild Life Act 1972 Hon‘ble Supreme - - -
Not applicable
Clearance Court
The scoping assessment outcome undertaken at a link level with chainage references have been collated and
presented the report titled ‘ESMF for OPRC under Phase II of OPRC’ available with Employer and can be
obtained for reference.
The Project Manager shall endeavor to organize and conduct such Stakeholder committee meetings in a regular and
formal manner.
Step 6: Formulate Generic and Specific EMP and Resettlement Action Plan
The scope of this process element would include formulating the following plans based on the outputs of preceding
1 to 5 step process elements:
• Generic EMP applicable for all links covering a wide range of Contractor activities and interventions
• Specific EMP for individual links or Contractor activities
• Environmental quality monitoring (as per conditions of Consent To Establish, whenever applicable) and its
documentation
• The EMP is to have following elements:
→ Avoidance, Minimisation Mitigation and Management strategies for the identified generic and specific
impacts
→ Implementation schedule in line with civil works programme
→ Appropriate resource allocation (including man-power)
→ Training
→ Integration with OPRC intervention proposals
• In addition to address adverse social impacts, a Resettlement Action Plan will be prepared in line with WB OP
4.10, 4.12 and the State of Punjab Resettlement and Rehabilitation Policy adopted for the project. The contents
of the RAP have been given in section 6.3.
The contractor‘s design proposal, Environmental Management Plan and Rehabilitation Action Plan must be
authorised in writing by the Employer prior to the commencing of any physical work. Specific EMP/s applicable at
link-level shall be prepared for major interventions such as improvement, widening proposals by using the process
elements viz. Steps 1 through 5.
Table 1.2: List of Social and Environmental Codes of Practice (SECP) recommended under the Contract
Where these codes are in conflict with any parts of the Specification or any other sections of this contract, then the
sections of this contract shall take precedent.
Besides the SECPs, generic design inputs to enhance E&S performance of the contract have been collated and
presented in Table 1.3 for information and reference purpose. It is recommended that the Contractor reviews the
design inputs recommended against typical E&S features observed in the contract area links and apply similar or
equivalent interventions in their detailed designs to improve E&S performance at the link and network level.
Typical E&S features Design Inputs for E&S enhancements and performance
Road edge markings and provision of hand rail/guard rail for embankment section
Road on embankment
with light reflectors
Private farm channel Regulated system (prior intimation, approval and penalty systems) of private farm
crossing channel construction across project roads
Provide silt arrestors, emergency oil/chemical spill arrestors, floatable trash screens
Water body (Ponds,
etc in the channel leading to outfall point into the Water body.
Natural or Unlined
In case of water body located close to road edge, provide retaining walls with anti
Channels/canals) along
crash barrier fitted with light reflectors and road edge markings etc along the road
road side
edge.
Slope stabilisation through vegetation; Prevent soil erosion by providing silt arrestors
Earthen embankment
(hard or soft) or toe walls; Improve road side drainage.
Design and provide entry/exit sections opposite sensitive receptors with clear
Presence of educational visibility of road traffic; Provide rumble strips and speed restriction measures
institutions, religious opposite sensitive receptors; Prohibit honking and place information boards;
places and hospitals along Collaborate with sensitive land use owners to increase vegetation cover between road
roadside and buildings and raise the compound wall height (not at project cost); Periodically
monitor road safety aspects near the sensitive receptors
Collaborate with truck drivers/owners to improve safety aspects of road side parking
Truck parking on road by: providing parking bays if space is available, self-regulation and management by
side truck drivers, use of temporary traffic alert equipments such as safety
cones/tapes/reflectors, improve truck driver/owner awareness on road safety aspects.
Typical E&S features Design Inputs for E&S enhancements and performance
crossing
Collaborate with and consult local community and administration including traffic
police regarding safety measures that can be implemented at low cost; Through LRC
Road passing through
and PWD, encourage local administration/traffic police to streamline traffic
urban areas and
movements, parking facilities, bus stops, hawking zones, waste dumping, street
commercial stretches
lights, service road provision etc; Provide information boards at the entry/exit points
of the stretch; speed restriction through rumble strips placed at 30m intervals.
Step 7: Implementation of Environment Management Plan/s and Resettlement Action Plan (s)
The scope of this process element would include allocating appropriate manpower and material resources to
implement the EMP/s and RAPs and institute internal monitoring and supervision mechanisms as part of the
Contractor‘s overall management systems.
A sample Environmental and Social Management Plan (EMP) is also provided in Appendix 11, which shall be read
in conjunction with the environmental specifications. The attached sample is the minimum level to be followed by
the Contractor. This shall be further developed and submitted as a component of Contractor‘s CQAMP.
A matrix showing the monitoring mechanism delineating the roles and responsibilities of implementing various
ESMF actions has been provided in Table 1.4.
Responsibilities
Sl.
ESMF Actions (Refer to concerned SECPs for list of Actions) Monitoring/
No Execution Approval
Cross Check
1 Environmental and Social Baseline data collection and mapping Contractor Project Manager The Employer
2 Undertaking Environmental & Social Assessment Contractor Project Manager The Employer
Undertaking Community Consultation process to feed into EA and EMP Local Relationship
3 Contractor The Employer
process Committee
Preparation of Environmental Management Plan based on referral
4 Contractor Monitoring Consultant The Employer
SECPs
5 Self Assessment of Environmental and Social Performance Contractor Monitoring Consultant The Employer
6 Performance Assessment by Employer Monitoring Consultant PWD The Employer
Setting up Labour Camps and labour deployment
Setting up Concrete Batching Plant and Casting Yard
7 Setting up Bituminous Hot Mix Plants Contractor Project Manager The Employer
Setting up Site Offices
Setting up Construction Yards
Sourcing Construction Materials such as Sand, Bricks, Stone, Ready
8 Contractor Project Manager The Employer
Mix Concrete etc
Borrow area Management
Identification of location
9 Contractor Project Manager The Employer
Liaising with land owner
Rehabilitation
10 EHS related Policy and Regulatory Compliance Contractor Project Manager The Employer
11 Tree counting and documentation (forest Clearance) Contractor Project Manager The Employer
12 Preparation of Ecology & Habitat Assessment Contractor Project Manager The Employer
13 Occupational Health & Labour Safety Measures Contractor Project Manager The Employer
Land Acquisition
14 Locations & reasons for acquisition Contractor Project Manager The Employer
Details of land to be acquired
Responsibilities
Sl.
ESMF Actions (Refer to concerned SECPs for list of Actions) Monitoring/
No Execution Approval
Cross Check
Land Acquisition
15 PRBDB/PWD PRBDB/PWD Government of Punjab
Pursuing the process of LA
16 R&R planning and RAP framework Contractor Project Manager The Employer
Local Relationship
17 Prior information and disclosure to the public Project Manager The Employer
Committee
18 Geotechnical Investigations Contractor Project Manager Project Manager
19 Clearing and grubbing Contractor Project Manager Project Manager
20 Dismantling of Structures Contractor Project Manager Project Manager
21 Traffic Management during Construction Contractor Project Manager Project Manager
22 Deployment and Use of Construction Equipments, Vehicles etc Contractor Project Manager Project Manager
23 Project Road and other Network Roads used by Construction Traffic Contractor Project Manager Project Manager
24 Earthwork in Excavation for Roadway in all Strata Including Rock. Contractor Project Manager Project Manager
Earthwork in Embankment Using Material Obtained Within RoW and
25 Contractor Project Manager Project Manager
Using Material Obtained from Borrow Areas
26 Utility Relocation Contractor Project Manager The Employer
Construction Waste Management
Identification of locations, recyclers
Compliance to Hazardous waste rule
27 Contractor Project Manager Project Manager
Waste Disposal methods
Quantifications of waste (all types)
Rehabilitation of disposal site
28 Soil Erosion and Sedimentation Control in Roadway Contractor Project Manager Project Manager
29 Bituminous Pavement Construction Contractor Project Manager Project Manager
Responsibilities
Sl.
ESMF Actions (Refer to concerned SECPs for list of Actions) Monitoring/
No Execution Approval
Cross Check
Environmental Monitoring
Air Pollution
30 Contractor Project Manager Project Manager
Noise Pollution
Frequency for monitoring
31 Road Materials Testing Laboratory Contractor Project Manager Project Manager
32 General Workmanship Contractor Project Manager Project Manager
33 Onsite Concrete Preparation Contractor Project Manager Project Manager
34 Grievance management Contractor Project Manager/ LRC The Employer
35 Traffic Management at specific areas and during specific periods Contractor Project Manager Project Manager
36 Road Safety Audit and Accident Prone Spot Management Contractor Project Manager Project Manager
37 Streamlining Traffic flow at specific locations Contractor Project Manager Project Manager
38 Emergency Incident and Accidents Management Contractor Project Manager Project Manager
The Social and Environmental Management Processes and system to be developed by the Contractor shall
include the above elements.
1. The Environmental Management Plan is an integral part of the contract and the Contractor has the
responsibility to implement it under the supervision of the Project Manager.
2. All management measures of the Environmental Management Plan are deemed to be incidental to
the specified work unless otherwise provided in the contract. No separate payments shall be made
for implementing these measures.
3. The Project Manager shall issue substantial completion / works completion certificate only after
verifying and certifying that corresponding EMP provisions and performance criteria, including
clean-up operations and remediation works have been completed satisfactorily.
4. The Contractor will maintain a channel of communication with the communities (through the
LRC and the Project Manager) to address any concern or grievances. The Project Manager or
LRC will conduct meetings with the communities in the vicinity of the OPRC intervention works
sites (minimum of one in each section) before two weeks of the construction commencement
date, to inform them of the type of construction activity, traffic diversion plan/s, construction
timing, likely impacts, setting up of construction camp site (share the plans), requirement of
labour, plans for borrowing earth from nearby areas etc. The Contractor is expected to participate
in such local community consultation and disclosure meetings to explain any issues. Periodic
meetings will also be conducted during construction period to take feedback from communities or
their representatives to ensure minimum disturbance.
Besides the issues covered in SECP, the following issues should also be covered in the Environment
Management Plan/s of the Contractor.
1. 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, including sexually transmitted diseases.
2. Conservation of Religious Structures and Shrines
All necessary and adequate care shall be taken to minimise impact on cultural properties which includes
cultural sites and remains; places of worship including temples, mosques, churches and shrines;
graveyards; archaeological monuments and any other important structures as identified during design,
including 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.
3. New Road Encroachments
Where the Contractor observes that an illegal structure has been built or placed on the road reserve, he is
to immediately report the infringement to the Project Manager.
4. 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 as per the applicable labour law and rules.
Throughout the duration of the contract, the Contractor and his Subcontractor(s) 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. In case, there are sub-
contractor(s) involved in some works, the main Contractor shall be responsible and shall ensure that the
sub-contractors follow the same requirements as specified in this contract.
5. Health and Safety Compliance
Due to the nature of the work undertaken on behalf of the Employer, Contracting Entities may
frequently be exposed to hazardous situations, which could involve risk of various degrees of harm, to
the contracting staff and/or motorists. Therefore, the over-riding principle will be to create/foster a
responsible attitude towards occupational health and safety issues on the part of the Contractor, their
sub-contractors and employees undertaking work for the Employer. It aims to ensure compliance with
relevant work site safety laws and norms.
Situations will arise when it is not practical to eliminate or isolate significant hazards. In these situations
the hazards must be minimised by ensuring planned protection systems (e.g. equipment, clothing) are
actually used.
The Contractor needs to observe the provisions of the respective Indian Health and Safety in
Employment legislation and in particular, to understand such aspects as the need to:
(a) Systematically identify existing and new hazards on the work site(s).
(b) Minimise significant hazards, where elimination and isolation are both impractical.
(c) Provide appropriate protective measures and ensure they are used
(d) Devise emergency procedures for dealing with accidental spillage, pollution or imminent
danger
(e) Regularly assess each hazard identified and monitor employees‘ exposure to these hazards.
(f) These aspects are to be developed into a Health and Safety Management Plan, which is
complementary to the Traffic Management Plan.
Reporting and recording of work site safety incidents is very important 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‘s Project Manager. All injuries are to be reported to the Employer.
6. Safety of Children Entering or Exiting Schools
Where the Contractor is operating a work site within 500m of a school entrance, the Contractor shall
provide a specific traffic management plan that clearly demonstrates the extra steps the Contractor will
undertake to mitigate any risk to school children passing through the work site.
7. Assistance with Planned Events, Fairs and Festivals
The Employer may request the Contractor to provide assistance to the Police and other festival
organisers and officials to ensure the safe operation or passage of those involved with any event or
festival within or immediately adjacent to the RoW within the contract area.
The Employer shall give a minimum of five (5) days prior notification of this requirement to the
Contractor along with an indication of the resources to be supplied and the duration for their
deployment. Where necessary the Contractor shall liaise and coordinate with Police and other agencies.
The Contractor shall provide a price to the Employer for the assistance to be provided within two (2)
days of receiving this notification. Any assistance provided shall be paid as a variation to this contract.
The sample generic EMP has been provided for ready reference (Appendix – 11).
PUNJAB
1.2 Topography:
Punjab can be divided into three distinct areas. Area south of river Beas – Majha Region, Area between
north of River Sutlej and Beas – Doaba Region and the area south of River Sutlej – Malwa Region. This
road network is situated in Malwa region.
The topography of Punjab can be divided into the upper portion of the sub-Shivalik area and the rest of
Punjab (where this network is located). The Shivalik area at an altitude of 400 to 700 metres above sea
level is made up of fluvial deposits of conglomerates, clays and silts-all. The low Shivalik Hills demarcates
the Himalayas from the plains.
This road network falls mainly in Sangrur, Mansa & Bathinda Districts situated in the southern part of
Punjab in the heart of Malwa region.
There are no significant sources of aggregates suitable for road construction within the contract area.
1.3 Climate:
The general climate has temperatures ranging from 0 oC in winter to highs of 47oC in summer (June). The
average annual rainfall is approximately 650mm, with much of this occurring during the monsoon season
which typically extends over the months of July, August and September. Dust storms can be a regular
feature in summer season.
1.4 Vegetation:
The majority of the road network extends through rural areas, with some sections running through built-up
areas ranging from small villages to moderately sized townships. The rural sections are often lined with
trees located within the Right of Way (RoW) or along its boundary.
Adjacent land is usually used for agricultural purpose to grow wheat, rice, cotton, sugar cane, and
other similar annual crops or for livestock farming within the rural areas. At harvest times sections
of the network carry extensive numbers of trucks used to transport produce to market centres.
Some of these built-up areas are at times heavily congested and can suffer from encroachments by
businesses operating adjacent to the RoW.
1.6 Hydrology
The main source of irrigation is mainly the canals, the underground water being not fit for
irrigation in most parts. The area is served by the Sirhind Canal System, which off-takes from river
Satluj at Rupanagar Headquarters, through its two branches, viz. Abohar Branch and Bathinda
Branch. Ground water occurs under both confined and unconfined conditions with water table at
shallow depths. The ground water is mainly saline except in the vicinity of canals where water
seepage from canals can improve ground water quality.
1.7 Traffic Data
Traffic Data, collected (June – September 2009) on the roads in the Contract Area is available at
PRBDB web site (http://prbdb.gov.in/files/oprc/Traffic%20data.pdf).
1.8 Road Inventory Data
Road Inventory Data on the roads in the Contract Area is available at PRBDB web site
(http://prbdb.gov.in/files/oprc/road%20inventory%20table.pdf)
S2 SH-12A: Bhawanigarh -
Sunam - Mansa - Kot Shamir
NH64 (Bhawanigarh) to NH71 S2 SH 2.24 18.30 16.06 35.2 - 38 7 10 B1, B2, B3 100
Intersection
NH71 Intersection to 24.6 km S2 SH 18.30 24.60 6.30 35.2 - 45.43 7 10 B1, B2, B3 100
(Sunam)
24.6 km to 26.4 km (less Rail S2 SH 24.60 26.40 1.40 35.2 - 45.43 14 14 D 100
Over Bridge 400m approx)
26.4 km to 28.6 km S2 SH 26.40 27.80 1.40 35.2 - 45.43 7 10 B1, B2, B3 100
27.6 km to 28.6 km (4 lane S2 SH 27.80 28.60 0.80 35.2 - 45.43 14 14 D 100
divided carriageway)
28.6 km to 45.22 km S2 SH 28.60 45.22 16.62 35.2 - 45.43 7 10 B1, B2, B3 100
45.22 km to SH13 Intersection S2 SH 45.22 67.84 22.62 >35.20 7 10 B1, B2, B3 100
(Harisinghwala Chowk)
Subtotal: 65.20
The following Network Information where available will be provided to the Contractor by the
Employer at the initial meeting or as otherwise requested and agreed:
(a) Additional Inventory Data
The following tables list the location and position of the Built-up sections within the Contract. These
tables are to be used to identify the location of the Built-up sections, even where the Built-up section
may be on one side of the road only. All other road sections outside these lengths are defined as
Rural.
[Note: The available information is for bidding purpose only. Section Limits and the ROW needs to
be reconfirmed by the Contractor after Joint Inspection with Project Manager and Employer, after
signing the Contract Agreement).
The side of the road that are Built-up are defined as being on the Right Hand Side (RHS), Left Hand
Side (LHS) or Both Sides (BS).
Name of Village Carriageway ROW (m) Location of built-up Length of built-up area Side:
(m) area along the road (m)
Road Name: S3 – SH13: Barnala – Mansa (S3 Intersection SH12A up to Intersection with Talwandi Sabo
Road)
Name of Village Carriageway ROW Location of Built-up Area Length of Built-up Area Side
(m) (m) Starting Ch. End Ch. along the Road (m)
Mansa 10 30.18 119+640 126+930 7290 BS
Road Name: S4 ODR 6/9: Mansa – Talwandi Sabo (upto intersection with B8)
Name of Village Carriageway ROW Location of built-up area Length of built- Side:
(m) (m) up area along the
road (m)
Starting Ch. End Ch.
Mansa 5.5 25.15 0+000 0+370 370 BS
Ram Dittewala 5.5 25.15 1+370 1+870 500 BS
Moosa 5.5 25.15 3+070 4+370 1300 BS
Akalia Talwandi 5.5 25.15 11+370 11+570 200 RHS
Banawali 5.5 2.15 14+870 15+170 300 BS
Behniwal 5.5 25.15 18+370 19+570 1200 BS
Jaga Ram Tirath 5.5 25.15 23+770 23+970 200 RHS
Name of Village Carriageway ROW Location of built-up area Length of built- Side:
(m) (m) up area along the
road (m)
Road Name: B8 SH-17: Bathinda – Kotshamir – Talwandi Sabo (upto intersection with S4)
Name of Village Carriageway ROW Location of built-up area Length of built- Side
(m) (m) up area along the
road (m)
Starting Ch. End Ch.
The Public Works Department (PWD) Assets under Contract Area are defined below:
a) The entire formation width within the Right of Way (RoW) of the roads listed, including but not
limited to carriageway, shoulders / berms, drainage structures, Road Furniture and other facilities
etc. which are owned and managed by the PWD.
RoW width in the contract area and on the same road section is not uniform. The Contractor will,
within one month of possession of site, demarcate the RoW after joint verification with the
Employer‘s Representatives and the Monitoring Consultant. Once identified and taken over,
Contractor shall be responsible for the management of all the assets within this RoW, as per this
Contract.
Where the width of the RoW boundary cannot be specifically identified, it shall be taken as
imaginary line formed between consecutive existing Boundary Stones or any RoW boundary
fence, or the greater of the following distances:
• For road in filling : To a point, within formation width on Natural Ground Level, which is 3.25
metres measured horizontally and below the top of existing carriageway (measured at nearest
edge).
• For road in cutting: To a point, within formation width on Natural Ground Level, which is 3.25
metres measured horizontally above the top of existing carriageway (measured at nearest edge).
b) The Government of Punjab (GoP) through the Department of Forests holds jurisdiction on trees
and some portion of land within the Right of Way which is declared as Protected Forest. The
Contractor shall confirm, after joint verification with Employer‘s Representatives and the Project
Manager, this jurisdiction and authority of Department of Forest while taking over the Contract
Area. Thereafter, it shall be the responsibility of the Contractor to abide by all the rules and
regulations of the Government (through Department of Forest) applicable on this asset.
c) Bridges, both major (more than 30m) and minor (less than 6m including culverts), on the roads
listed. Any construction, reconstruction, rehabilitation or major structural maintenance of these
bridges is not included in the scope of this contract. Contractor shall carry out regular visual
inspections of these Bridges and carry out routine maintenance including the maintenance of
decks, expansion joints, bearings, drainage facilities, delineation, guardrails and handrails, removal
of debris on piers, abutments and headwalls etc. The Contractor shall carry out one annual detailed
structural inspection of these Bridges.
d) All existing and upgraded road features, furniture and facilities on side roads and other adjacent
sections of roads not listed under this Contract Area but within the defined boundary.
The boundary of these assets is defined as below,
1) For Rural Areas
Where local roads intersect the Contract Area the Contractor must maintain, including resurfacing,
all items associated with intersection control at the local road including but not limited to measures
for continued access, human and cattle safety, adequate signage, speed control and road crossings.
i) For side roads:
Maximum of 10m from the line of the edge of paved surface on either side of the side road or to
the end of a physical splitter island or central verge if one is installed.
ii) For Built-up Areas:
The boundaries are the same as for Rural Areas except that the Contractor shall only maintain the
road and associated structures within the RoW boundary.
The Contract Area may differ from the conditions listed above. In any case, the Project Manager, after
verifying from Employer, shall have the authority to confirm the jurisdiction of the Contract Area.
Figure 2 and Table 2 in Appendix 1 indicates the location and nature of the planned Improvement &
Rehabilitation Works.
An EXAMPLE of the design drawing details is shown below for information purposes only.
EXAMPLE
EXAMPLE
EXAMPLE
APPENDIX 3 - SPECIFICATIONS
1.1 Standard
With the exclusion of any Method based components that may be in conflict with the Output Based requirement
of this contract the following Standard IRC Specifications (latest updates or amendments) shall apply:
Table 2: Applicable IRC Specifications
S.
Code No. Description Year
No
1 IRC: 2 - 1968 Route Marker Signs for National Highways 1985
2 IRC:3-1983 Dimensions and Weights for Road Design Vehicles
3 IRC: 7 - 1971 Recommended Practice for Numbering Bridges and Culverts 1979
4 IRC: 8 - 1980 Type designs for highway kilometre stones 1995
Recommended Practice for Borrow pits for Road Embankments
5 IRC: 10 - 1961 1977
Constructed by Manual Operation
6 IRC: 14 - 1977 Recommended Practice for 2 cm Thick Bitumen and Tar Carpets 1988
Standards Specifications and Code of Procedure for Construction of
7 IRC: 15 - 1981 1981
Concrete Roads
Standard specifications and code of practice for construction of
8 IRC: 15 - 2002 2002
concrete roads
9 IRC: 16 - 1989 Specification for Priming of Base Course with Bituminous Primers 1989
10 IRC: 17 - 1965 Tentative Specification for Single Coat Bituminous Surface Dressing 1996
Standard Specifications and code of Practice for Water Bound
11 IRC: 19 - 1977 1988
Macadam
Recommended Practice for Bituminous Penetration Macadam (Full
12 IRC: 20 - 1966 1992
Grout)
13 IRC: 23 - 1966 Tentative Specification for Two Coat Bituminous Surface Dressing 1986
15 IRC: 25-1967 Type designs for Boundary stones 1996
16 IRC: 26 - 1967 Type Design for 200 Metre Stones 1996
Tentative Specification for Bituminous Macadam (Base & Binder
19 IRC: 27 - 1967 1989
Course)
Specification for Bituminous Concrete (Asphaltic Concrete) for Road
21 IRC: 29 - 1988 1996
Pavement
Standard Letters and Numerals of Different Heights for use on
22 IRC: 30 - 1968 1983
Highway signs
Standard for Vertical and Horizontal clearances of over head electric
23 IRC: 32-1969 1984
power and telecommunication lines as related to roads
24 IRC: 34 - 1970 Recommendations for Road Construction in Water logged Areas 1996
25 IRC: 35-1997 Code of practice for road markings 1997
Recommended practice for the construction of earth embankments
26 IRC: 36 - 1970 1995
for road works
27 IRC: 37 - 2001 Guidelines for the design of flexible pavements 2001
Guidelines for design of Horizontal curves for highways and design
28 IRC: 38-1989 1989
tables
29 IRC: 39 - 1986 Standards for Road-Rail Level Crossings 1990
30 IRC: 41 - 1997 Guidelines for Type Designs for Check Barriers 1997
Tentative Guidelines for Cement Concrete Mix Design for Pavements
31 IRC: 44 - 1976 1996
(for non-air entrained and Continuously graded concrete)
32 IRC: 46 - 1972 A Policy on Roadside Advertisements 1992
34 IRC: 47 - 1972 Tentative Specification for Built-up Spray Grout 1979
Tentative Specification for Bituminous Surface Dressing using Pre-
35 IRC: 48 - 1972 1990
coated Aggregates
Recommended Practice for the Pulverization of Black Cotton Soils
37 IRC: 49 - 1973 1978
for Lime Stabilisation
S.
Code No. Description Year
No
Recommended Design Criteria for the use of Cement-Modified Soil
38 IRC: 50 - 1973 1978
in Road Construction
39 IRC: 51 - 1992 Guidelines for the use of soil-lime mixes in road construction 1992
40 IRC: 53 - 1982 Road Accident Forms A-1 and 4 1982
41 IRC: 54 - 1974 Lateral and vertical clearances at under passes for vehicular traffic 1974
42 IRC: 55 - 1974 Recommended Practice for Sand-Bitumen Base Courses 1974
Recommended Practice for Treatment of Embankment Slopes for
43 IRC: 56 - 1974 1991
Erosion Control
44 IRC: 58 - 1988 Guidelines for the Design of Rigid Pavements for Highways 1991
Guidelines for the design of plain jointed rigid pavements for
45 IRC: 58 - 2002 2002
highways
Tentative Guidelines for Design of Gap Graded Cement Concrete
46 IRC: 59 - 1976 1976
Mixes for road Pavements
Tentative Guidelines for the Use of Lime-Fly Ash Concrete as
47 IRC: 60 - 1976 1976
Pavement base or Sub-base
Tentative Guidelines for Construction of Cement Concrete
48 IRC: 61 - 1976 1976
Pavements in Hot Weather
49 IRC: 62 - 1976 Guidelines for the control of access on highways 1996
Tentative Guidelines for the Use of Low Grade Aggregates and Soil
50 IRC: 63 - 1976 1976
Aggregate Mixtures in Road Pavement Construction
51 IRC: 64 - 1990 Guidelines for capacity of roads in rural areas 1990
52 IRC: 65 - 1976 Recommended practice for traffic rotaries 1976
53 IRC: 66 - 1976 Recommended Practice for Sight Distance on Rural Highways 1976
54 IRC: 67 - 2001 Code of Practice for Road Signs 2001
55 IRC: 69 - 1977 Space Standards for Roads in Urban Areas 1996
Guidelines on Regulation and Control of Mixed Traffic in Urban
56 IRC: 70 - 1977 1977
Areas
Recommended Practice for Use and Upkeep of Equipment, Tools and
57 IRC: 72 - 1978 1978
Appliances for Bituminous Pavement Construction
58 IRC: 73 - 1980 Geometric design standards for Rural (Non - urban) Highways 1990
Tentative Guidelines for Lean-Cement Concrete and Lean Cement-
59 IRC: 74 - 1979 1979
Fly Ash Concrete as a Pavement Base or Subbase
60 IRC:75 - 1979 Guidelines for the design of high embankments 1979
61 IRC: 79-2010 Recommended practice for road delineators 1981
Type designs for pick-up bus stops on rural (i.e. Non-Urban)
62 IRC: 80-1981 1981
Highways
Guide lines for strengthening of flexible road pavements using
65 IRC: 81-1997 1997
Benkelman Beam deflection technique
Code of Procedure for Maintenance of Bituminous Surfaces of
66 IRC: 82 - 1982 1982
Highways
67 IRC: 84 - 1983 Code of Practice for Curing of Cement Concrete Pavements 1983
Recommended Practice for Accelerated Strength Testing and
68 IRC: 85 - 1983 1983
Evaluation of Concrete for Road and Airfield Constructions
72 IRC:86 - 1983 Geometric design standards for Urban roads in plains 1991
Guidelines for Design and Construction of River Training and
73 IRC: 89 - 1997 1997
Control Works for Road Bridges
Guidelines for Selection, Operation and Maintenance of Bituminous
74 IRC: 90 - 1985 1985
Hot Mix Plant
Tentative Guidelines for Construction of Cement Concrete
76 IRC: 91 - 1985 1985
Pavements in Cold Weather
77 IRC:92 - 1985 Guidelines for design of Interchanges in Urban areas 1985
78 IRC: 93 - 1985 Guidelines on Design and Installation of Road Traffic Signals 1996
79 IRC: 94 - 1986 Specification for Dense Bituminous Macadam 1986
S.
Code No. Description Year
No
80 IRC: 95 - 1987 Specification for Semi-Dense Bituminous Concrete 1989
Tentative Specification for Two coat Surface Dressing using Cationic
81 IRC: 96 - 1987 1990
Bitumen Emulsion
Tentative Specification for 20mm Thick Premix Carpet using
82 IRC: 97 - 1987 1989
Cationic Bitumen Emulsion
Guidelines on accommodation of utility services on roads in urban
83 IRC:98 - 1997 1997
areas
IRC: 100 - Tentative Specification for Single Coat Surface Dressing using
84 1990
1988 Cationic Bitumen Emulsion
IRC:103 -
85 Guidelines for pedestrian facilities 1989
1988
IRC: 107 -
87 Tentative Specifications for Bitumen Mastic Wearing Courses 1992
1992
IRC: 109 -
89 Guidelines for Wet Mix Macadam 1997
1997
Guidelines on use of polymer and rubber modified bitumen in road
92 MOST 2002
construction
With the exclusion of the Method based components that are in conflict with the Output Based requirement of
this contract the following Special IRC Publications (latest updates or amendments) shall apply:
Notwithstanding 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 (MORT&H) 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
MORT&H specifications applicable to this Contract are detailed in this Section.
The relevant sections from this document specific to, but not limited to, this contract include the follows:
Note: The publication shall be the version current at the time of close of tender
1. Ministry of Rural Development "Specifications for Rural Roads" (Published by Indian Roads
Congress August 2004).
2. MORT&H "Specifications for Road and Bridge Works" August 2001
3. MORT&H Pocket book for Highway Engineers 2002 Second Revision (Published by Indian Road
Congress)
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Government of Punjabl (Public Works Department Buildings and Roads)
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Section VI. Specifications (Appendices) – Appendix 4 – Illustrations of Performance Measures 306
(x) Sign Maintenance – Regulatory, Warning, Advisory, Speed Signs and Chevron Marking
(RUS & CPM-8)
(xii) Pavement Marking (Lines, Text, Symbols, etc.) (RUS & CPM-10):
(xiii) Marker Posts (Kilometre Stones, 200 Meter Stones, Boundary Pillars, Edge Markers,
Culvert Markers, Distance Markers, Hazard Markers, Road Delineators etc.) (RUS & CPM-14):
In general, the major roles and responsibilities of the Key Stakeholders are listed below. However,
actual performance of these entities would be governed by the terms and conditions of this contract.
(a) Employer
i) Provide a governance role in setting standards and procedures that will protect the long
term integrity of the network and the Right of Way (RoW)
ii) Administer the contract including the issuance of necessary instructions and certificates in
an efficient and timely manner including the confirmation of any time extensions granted.
iii) Confirm the name of the Project Manager
iv) Make payment to the Contractor on all certified claims within the required time frames
v) Minimise barriers to effective communication with the Contractor
vi) Communicate all contractual matters and decisions to the Contractor in writing as quickly
and efficiently as possible.
vii) Empower the Contractor to fulfil the objectives of the OPRC model and encourage its
development and experience with performance based road maintenance over the duration of the
contract
viii) Facilitate a cooperative and trusting contractual environment with the Contractor and facilitate
the Contractor‘s interaction and liaison with other line departments of Government of Punjab.
ix) Confirm the evaluation of the Contractor‘s performance at the required frequencies.
(b) Contractor
i) All detailed Engineering surveys and investigations necessary to deliver the contract works
including the required Environmental and Social baseline surveys and mapping.
ii) The preparation of all required detailed engineering designs and working drawings for all of
the required improvement and rehabilitation components of the contract including associated
Environment, Health, Safety and Social Management Plans and drainage studies as
necessary.
iii) All the Works necessary to bring the road to the required service levels 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 relevant plans, procedures,
specifications, drawings, codes and any other documents as specified in the Specifications.
iv) Develop, implement, and manage systems and procedures that:
• Ensures all performance criteria are met including the establishment of a Conformance
Management Unit.
• Demonstrate physical works conformance including the achievement of minimum
design standards post construction and the implementation of appropriate corrective
actions required.
v) Complete all work, including the rework of any defects or failures resulting from material,
construction, workmanship or quality issues under the control of the Contractor, required to
maintain the condition of the Contracts assets within the lump sum price for the duration of
this contract.
vi) Identify and report to the Project Manager any additional improvement works or other capital
improvements while carrying out his other network performance (routine maintenance
works), Rehabilitation, and resurfacing or improvement work obligations. Such additional
improvement works would include, but are not limited to, drainage improvements, safety
improvements, bus stops (including shelters) and works to protect the RoW. Subject to the
agreement of the Employer and the availability of funding, this additional work would be
undertaken as a variation to the contract.
(c) Monitoring Consultant
i) Review the Contractor‘s Quality Plans.
ii) When requested by the Employer, nominate the Project Manager. Audit the systems,
procedures and records to ensure sufficient inspections, maintenance work, etc. are being
completed to enable the achievement of the Performance Requirements, (refer
Specification, Section 4 – Management Performance Measures, Section 5 – Road User
Service and Comfort Performance Measures and Section 6 – Road Durability
Performance Measures).
iii) Nominate by random selection at least 40% of the Contract length (km), with the consent
of the Employer, that the Contractor will be required to self audit each month. These
random selections shall be 5km continuous centreline distance in length.
iv) Review the quality of completed works before recommending payment by the Employer
v) Where appropriate issue instructions to the Contractor on behalf of the Employer
vi) On instruction by the Employer, accompany the Contractor during his on-site audit
inspections.
vii) Conduct independent audits of sections of the Contract‘s roads to assess the validity of
road user and Employer feedback.
The Employer shall notify the Contractor of the location and details of other contract works (if any) underway on
the Roads within the Contract Area at the commencement of the contract. This may include the timing of the
expiry of any associated defects liability which will require the Contractor to then take over responsibility for the
maintenance of these sections under this contract.
1.3 Other Departments/Agencies
In certain cases other departments / agencies may construct or repair their works or utilities within the Contract
Area. In case these activities are obstructing the Contractor in performing his services, the Contractor shall notify
the Employer, through Project Manager, of such activities with all the available details.
In case, other departments / agencies indicate their intention to construct or repair any works associated with
their functionality but related to road works, the Contractor shall notify the Employer, through Project Manager,
of such activities with all the available details. The Employer can request the Contractor to repair / maintain such
works within this Contract after issuing a variation.
In no case, the Contractor shall obstruct the concerned department / agency in performing their duties.
1.4 Communication
Contractor's Contacts
The Contractor must maintain an effective communication system including providing the names of all contact
personnel and their phone numbers. The Contractor‘s communication system must provide adequate coverage
over the full extent of the Contract area. The Contractor shall be contactable 24 hours a day, 7 days a week, and
shall establish a toll free mobile phone number for emergency contact purposes. This number shall be shown in
the Contractor‘s Emergency procedures and incident response plan and will be provided to the Police,
Emergency Services and heads of Local Relationship Committee‘s.
Communication Records
The Contractor must establish a system for receiving and logging communications relating to the management of
the Contract. The log must record the substance of the communication, the time received and the details of any
actions that the Contractor is required to take. The log shall also clearly indicate the status of all actions along
with the date and time required actions by the Contractor have been completed. This log must also register all
grievances from the local stakeholders, and the responses and actions taken to resolve such grievances. Copies of
this log shall be provided to the Project Manager on request.
Publicity
The Contractor:
a) Must not communicate with the media on any issues relating to the maintenance or operation of the
Contract without specific approval from the Employer.
b) Must not publish or provide to any third party information pertaining to any Contract Works without the
Employer‘s prior approval. This requirement includes conference papers, presentations, workshop
discussions, etc.
c) May display non-illuminated signs attached to their site office location and following approval by the
Project Manager other identified locations for the benefit of the neighbouring communities giving the
name of their firm and contact numbers. No other promotional publicity is permitted unless otherwise
agreed with the Employer.
d) May display working or inspection vehicle markings and logo‘s specific to this OPRC following approval
from the Project Manager.
Bridge: A bridge is any structure carrying traffic on, under or over the highway, and includes any culvert with a
length between the inside wall more than 6m. It includes but is not limited to culverts, traffic underpasses or
over-bridges and conventional bridges.
There are four bridges on the Contract‘s roads ranging in length from 41m to 71m in length.
Road No. : Name Start (m) End (m) Bridge Length (m)
Total Number 4
2. Other Structures
They may include but are not limited to retaining walls, sign gantries, temporary bridges and river protection
works preventing direct erosion or flood damage to the road formation .
2.1. Culverts
There are approximately 402 culverts located within the Contract‘s roads.
There may be other structures on the network that are not listed above. Where available the Employer will
make available the most up to date schedule of cross drainage and other structures to bidders during the
bidding phase.
3. Maintenance Requirements
This Appendix details the scope of work required for routine maintenance of bridges and other structures. The
risk profile details whether work is included in or excluded from the lump sum. The Contractor shall make
reference to IRC: SP: 18:1996.
Cyclic routine maintenance includes all routine work necessary to maintain the condition and appearance of
bridges and structures. These works are ―routine‖ in the sense that they do not require design input. These
works are cyclic because of the regular maintenance frequency and because the Contractor can programme
the work accordingly.
Activities include:
• Non-cyclic inspections (e.g. inspections following significant flood events approved/instructed by the
Project Manager),
• Maintenance specified by the Project Manager,
• Maintenance work that requires coordination with the Employer‘s Bridge Inspector‘s to ensure a
consistent structure asset management strategy is adopted.
Non-cyclic maintenance work requires the Project Manager‘s acceptance prior to the Contractor proceeding
with the work.
Activities include:
Non-cyclic cleaning, detritus clearing, or other routine work, that may be required following a storm,
vehicle accident, load spill or other event.
3.3. Cleaning
The Contractor shall clean the following surfaces in order to remove grime, dirt, deleterious materials, dust,
chemicals, lichen and moss
Surfaces will be defined as clean, when the above deposits are not able to be readily removed by hand
brushing with water.
The standard of cleanliness following cleaning shall be the surface finish resulting from manual water
blasting using water blasting equipment producing at least 1000psi (7 MPa).
The Contractor shall ensure that cleaning of Structures is performed in such a manner as to not damage or
cause injury to property, persons or road users, and is compliant with the regional environmental
management plans for the protection of waterways and rivers.
• Bridge piers, abutments, foundations, wing walls and scour protection works
• Culverts, including inlets, outlets and protection works
• Retaining wall faces, foundations, and protection works
• River training and protection works
Debris clearing within waterways shall ensure that at least 90% of the channel or waterway area under or
adjacent to the structure is free of debris. In addition, any debris likely to affect structural integrity or
waterway performance shall be removed
The Contractor shall ensure that debris clearing of Bridges and Other Structures is compliant with the
conditions of any regional environmental management plan for the waterway or river. All debris shall be
removed from the site.
The Contractor shall identify and schedule the structures requiring debris clearing as part of the Structures
Inspection Report. The Contractor shall provide a programme for completing the work.
(NB: The clearing of obstructions and detritus from the surface of the carriageway is specified in Section 5.5
of the Maintenance Specification)
Detritus clearing will be required when the available waterway area of any drainage component is less than
50% of the clean waterway area, or when the build-up of detritus on any surface exceeds 10mm.
Following detritus clearing from drainage systems, at least 90% of the channel, pipe or waterway area shall
be free of detritus over the full length of the system (sumps, intakes, droppers, gutters, pipes and flumes) to
at least the point of discharge at the base of the structure. The build-up of detritus on any surface shall not
exceed 5mm after clearing.
The Contractor shall ensure that detritus clearing of Structures is performed in such a manner as to not
damage or cause injury to property, persons or road users, and is compliant with the conditions of the
regional environmental management plans for the protection of waterways and rivers.
The Contractor shall identify, schedule, and prioritise the structures requiring routine protective coated
surface maintenance as part of the Structures Inspection Report. The Contractor shall provide a brief report
on the problem and work proposed, including the following:
Note that no Coated Surfaces Maintenance works shall be undertaken without the approval of the Project
Manager.
The Contractor shall advise the Project Manager when the work is completed.
During the contract term, the Project Manager may require the Contractor to undertake Unscheduled
Specified Non-Cyclic Maintenance to be undertaken as a variation.
All materials used by the Contractor shall be new or current (when a ‗use by‘ date is advised for the
material), and shall be at least equivalent to the type and quality used on the existing structure.
Materials for protective coating maintenance shall comply with relevant IRC standards. Materials handling
and application shall be strictly in accordance with the manufacturer‘s specifications.
Materials for timber deck, kerb and handrail maintenance shall include timber of appropriate size, strength
grade and preservative treatment for the site and application; and shall include galvanised or stainless steel
fasteners, bridge spikes, coach screws or bolts of appropriate size and strength grade. Timber preservative
used shall be compatible with that previously used on the timber. Material handling and use shall be strictly
in accordance with the manufacturer‘s requirements.
For maintenance work associated with protective coated surfaces and timber components, the Contractor
shall provide a warranty on materials and workmanship that shall extend for a period of one year after the
completion of the works. The Contractor shall at their own expense, rectify any defective or deficient work
within three working weeks from initial detection or notification.
The Contractor must develop and implement an inspection and maintenance programme that:
(a) minimises the likelihood of faults forming, maximises functional structure life and ensures the safety
of road users
(b) ensures:
• All of the structures are inspected (and maintained as necessary) each month.
• Structures are inspected within one day following any flood event exceeding a 2 year return
period.
• Any temporary bridge structure is inspected monthly.
(c) ensures cyclic and non-cyclic routine maintenance is completed to meet the required
conformance measures
4. Work Schedule
The Contractor shall prepare a detailed Work Schedule, in accordance with this specification. The Work
Schedule shall include as a minimum:
• Name and location (Road Section Number, Name and position) of the structures
• Description of Cyclic Routine Maintenance proposed;
• The programme for completing the Cyclic Routine Maintenance physical works;
• The Non-Cyclic Routine Maintenance physical works proposed, including the technical requirements
for the work and a Lump Sum price for the works (for acceptance and approval as a variation by the
Project Manager)
• The proposed programme for completing the Non-Cyclic Routine Maintenance physical works.
• Other requirements as specified in following sections
Note that no Non-Cyclic Routine Maintenance works shall be undertaken without the approval of the Project
Manager.
The Contractor shall advise the Project Manager when the work is completed.
5. Structure Inspections
Inspections shall be undertaken of all the bridges scheduled in Section 1.1 and any other structures notified by
the Employer to identify:
• Any obvious defect which may affect the safety of road users.
• Any deterioration which may affect the structure condition.
• Any other fault requiring attention.
Note that an inspection is to be undertaken immediately following a significant flood event (i.e. return period of
2 years or greater).
6. Reporting
The Contractor shall submit the Structures Inspection Report. The report shall include as a minimum:
• Date of inspection
• Name and location (Road Section Number, Name and position) of the structure
• Description of Cyclic and Non-Cyclic Routine Maintenance required
• A recommended Work Schedule for completing the Routine Maintenance physical works (see below)
• The location and extent of any non Routine Maintenance defect, deterioration or damage
• Description of any other faults.
Inspection reports completed should be provided within 4 months of possession of site and 6 monthly intervals
thereafter.
A summary report shall be provided every six (6) months beginning from the start date of the contract, and a
final detailed report with photographs clearly showing any areas of structural deterioration that may require
repair and any other aspects of concern shall be provided every twelve (12) months beginning from the start date
of the contract.
All identified structures have been inspected each month and confirmation provided in writing to the Project
Manager.
All damage due to flooding or vehicle accidents is reported to the Project Manager within 48 hours of the event
being notified, reported or observed. Confirmation of inspection and inspection results are to be provided in
writing to the Project Manager.
All damage presenting a potential danger to road users or pedestrians is made safe as soon as possible and
reported to the Project Manager within 6 hours of observation or notification. Written confirmation is to be
provided to the Project Manager.
The Employer will provide the location of any temporary bridge structures that require
inspection and maintenance and details of any specific technical requirements that may apply.
Each bridge must be inspected on at least a monthly basis to ensure:
• Any temporary bridge components are tightly fixed and free of movement or slackness.
• Panel pins have safety wires in place.
• Temporary bridge components are free of vehicle impact damage.
• Decking is securely fixed.
• Packing is tight, timber backwalls, if any, are sound.
• Approach fill is stable.
• Bearing foundations/supports are stable.
• In addition, the Contractor must immediately:
• Notify the Project Manager of any missing, defective, deteriorated, damaged or loose temporary
bridge structure components.
• Undertake any necessary deck repairs as non-cyclic maintenance in accordance with the above clauses
• Notify the Project Manager of any observed bearing foundation problems or other similar problems.
The Contractor shall identify and schedule the timber components requiring routine maintenance as part of the
Structures Inspection Report. The Contractor shall provide a brief report on the problem and work proposed,
including the following:
• The proposed repair specification to achieve a design life of at least 5 years clearly setting out the
supply of materials, preparation work required to effect the repair, the fixing and fastening system
proposed and quality control to ensure the outcome is achieved
• The Lump Sum price for the work for acceptance and approval of the Project Manager as a variation
• The programme for completing the work.
Note that no Timber Component Maintenance works shall be undertaken without the approval of the Project
Manager.
The Contractor shall advise the Project Manager when the work is completed.
Black Spots, High Traffic Accident Rate Locations and Major Intersections to be included in the
Detailed Designs for Improvement Works.
The following sites and locations have been provided to enable Bidders the opportunity to review
their current condition and to include the cost of the design and construction of appropriate safety
related improvement works into their Lump Sum price and their detailed design.
The Contractor shall also pay particular attention to the maintenance of these sites both before and
after any improvement works to ensure that any factors that have the potential to contribute to an on-
going high crash rate (e.g. delineation, signage, pavement or surface condition etc) are adequately
monitored and defects rectified as quickly as possible.
Other generic safety improvements that need to be carefully considered by the Contractor during the detailed
design phase are to include but are not limited to:
• Appropriate Crash Barriers for the protection of both drivers and other vulnerable road users
• Appropriate road markings - for all junctions and sensitive areas like schools, hospitals, beginning and
end of towns etc including pedestrian crossings.
• Consideration of hot applied thermo-plastic with audible and vibratory pavement profiles including
reflectorised glass beads
• Appropriate traffic calming devices and warning signage.
• The installation retro-reflective Aluminium foil backed diamond grade flexible prismatic sheeting on road
furniture and other surfaces to increase night-time visibility.
• The installation of reflective prismatic conspicuous sheeting on the vertical posts of all new and existing
metal beam crash barriers within the network.
The Contractor is required to identify potential locations for the installation of these types of safety
enhancements with all Improvement Works and include these within the Lump Sum price.
The opportunity to install these safety enhancements in all other locations needs to be identified by the
Contractor and then details along with cost estimates provided to the Project Manager.
The Project Manager and the Employer will approve any such works and the Contractor shall install any
approved safety enhancements in accordance with the specifications and details provided by the Project Manager
as a variation to the Lump Sum.
A. Operational Requirements
1. Hours of Work
The Contractor shall programme work such that contract activities affecting traffic flow are not carried
out on-site in urban zones during periods of peak traffic flow, other than emergency or emergency
maintenance work and then only with the approval of the Project Manager
7 Delineation Devices
Height of delineation devices will be at least:
Location Injury
Section No / Road Category: ................................................ Worst Injury
Road Name: ........................................................... Fatal / Grievously /Slightly / Minor / None /
Unknown
Place: At/or ….…… m/km N/S/E/W of When Crash Occurred/Observed
Date ......../.........../..........
………………………………………………………… Time ...................... am / pm
…… Day Su / Mo / Tu / We / Th / Fr / Sa
…………………………………… (side road
/ feature)
What Happened e.g. Van heading west on State Highway 12A lost control on right hand bend.
..........................................................................................................................................................................................
..........................................................................................................................................................................................
............................................................................................................................................... ......................
Diagram N
Damage
Was any damage sustained by guardrails, signs, bridges etc? Please identify
..................................................................................
Driver and Vehicle details (if known)
Name M/F Age Vehicle Reg # Vehicle Reg #
Address
The Contractor shall use this form to accurately record the location and details of all vehicle crashes on the
network. It is expected that in some instances the details of the crash may have to be obtained from the Police,
members of the public or the vehicle owners and that the Contractor will be proactive in seeking this
information.
This information will be used by the Employer and the Contractor to identify potential Black Spots or other areas
of road safety concern that may need to be addressed in the future.
D.1 Details
The Contractor will use this form to record the details of damage to assets within the RoW that need to be
repaired or replaced. This information will be of value to the Employer and Contractor in identifying trends and
where possible recover costs from those responsible.
FORM RM 04
Bridge, Large Culvert And Other Structures Inspection Report
Removal of Adjacent
Vegetation
Cleaning debris
Scour of Abutment /
Piers / Pitching
Retaining Wall Maintenance
Removal of Adjacent
Vegetation
Foundation erosion /
damage
Structural damage /
rotation
Other Structures (Identify)
The Contractor will use this form to record the information gathered from his inspections of Bridges and Other
Structures within the Contract‘s roads. This information will be used by the Employer and Contractor to plan future
maintenance or structural repair requirements.
WO No…………..
GOVERNMENT OF PUNJAB FORM RM06
PUBLIC WORKS DEPARTMENT
EMERGENCY WORKS ORDER
Name: …………………………….
Legend / Text
Reverse Side
Indicating Direction L R Unknown Neither (the direction indicated by the sign,
e.g. LH curve)
Support Type Steel Pole Wooden Post Other Frangible Base Y/N
Comments:
Number Date
The Contractor will use this form to accurately record the location and details of all
existing and new signs within the contract area.
The Contractor shall complete pages 4, 5 and 6 where appropriate, and supported by the Network Performance
Inspection Form under Appendix 8 to record general compliance with service levels. Sufficient comments or other
supporting information shall be attached to enable the Project Manager to readily identify and confirm issues or audit
sections that have non-conformances recorded against them. This includes the evaluation of the Contractor‘s
entitlement to a performance payment as a result of his conformance with the required level of service detailed in the
Bidding Document in addition to the payment for routine maintenance and construction works based on completed
output.
The Contractor‘s Periodic Statement for Rehabilitation, Resurfacing, Improvement or any Emergency Works included
in the Periodic Payment Report MUST be adequately supported by all of the required Quality Control test information
and post construction verification records required to be included in the Monthly Report. The Project Manager shall
reject any Periodic Payment Report that is submitted without complete or accurate testing and verification
information. The rejected report shall be returned to the Contractor with a written summary of the deficient
information and request to re-submit the Periodic Payment Report with the required information included.
The Contractor to submit only one (1) Periodic Statement within the specified payment cycle. Where the Contractor
has fully completed and tested a quantity of construction works which is in excess of the minimum quantities
specified, and these lengths have been previously unclaimed, he shall include these quantities along with all of the
information required to support his payment request.
Page 4
MANAGEMENT PERFORMANCE MEASURES (MPM’s) - REFER TO WEIGHTINGS IN THE SPECIFICATION
Date: _______________________________
Period of Payment: ________________________________
1: Total Management Performance Non-Conformance Score Value added to Totals from other two audit sheets
and carried forward to the summary sheet.
Page 5
ROAD USER SERVICE & COMFORT PERFORMANCE MEASURES (RUS&CPM’s) - REFER TO WEIGHTINGS IN THE SPECIFICATION
Reference to Bidding Item Description Minimum Audit Length for Each Number of Non-Conformances Non-Conformance Sub-weighting - No. of Total Non-Conformance Comments
Document Recorded Non-Conformance Recorded Minimum Audit Length Weighting Consecutive Score
Section VI Weeks/Months
A B C AxBxC
RUS&CPM 1 Pavement Maintenance 5km (1km for cracking) 2 1
RUS&CPM 2 Unsealed Shoulder Maintenance 5km (1km for Shape) 1 1
RUS&CPM 3 Drainage Maintenance 1km 2 1
RUS&CPM 4 Routine Maintenance of Bridges and Other Structures 5km 2 1
RUS&CPM 5 Obstructions on the Pavement Surface and Shoulders 1km 1 1
RUS&CPM 6 Incident and Emergency Works Response N/A 2 1
RUS&CPM 7 Vegetation Control 5km 1 1
RUS&CPM 8 Roadside Signs Maintenance 5km 2 1
RUS&CPM 9 Raised Reflective Pavement Markers 5km/1km 2 1
RUS&CPM 10 Pavement Marking – (Lines, Text, Symbols etc) 5km/1km 2 1
RUS&CPM 11 Traffic Island and Roundabout Maintenance 5km 1 1
RUS&CPM 12 Crash Barrier Maintenance 5km 1 1
RUS&CPM 13 Sight Rails, Hand Rail and Pedestrian Barrier Maintenance 5km 1 1
RUS&CPM 14 Marker Posts (Guard Stones, Boundary, Edge, Culvert, Distance Markers, Hazard) 5km 2 1
Any RUS&CPM Repeated Non-Conformance in Consecutive Months N/A 6
Any RUS&CPM Any Employer or Monitoring Consultant generated Non Conformance N/A 6 1
Any Road Safety Hazard Any Immediate Safety Hazard to Road Users Instructed for Repair N/A 6
2: Total Road User Safety & Comfort Non-Conformance Score
Page 6
ROAD DURABILITY PERFORMANCE MEASURES (RDPM’s) - REFER TO WEIGHTINGS IN THE SPECIFICATION
Reference to Item Description Total Number of Non- Non-Conformance Number of Total Non- Comments
Bidding Conformances Weighting Months/Weeks of Conformance Score
Document Recorded Non-
Section VI Conformance
A B C A xB xC
RDPM 2 Pavement Roughness 5
RDPM 3 Pavement Deflection 5
RDPM 4 Roadway Cut and Embankment Slopes 5
3: Total Road Durability Non-Conformance Score Value added to Totals from other two audit sheets
and carried forward to the summary sheet.
Page 12
All Claims for approved Emergency Works and Variations
shall be accompanied by verified copies of the Employers
Emergency Works Payment
Work Order or Notice of Approval .
Contract Emergency Works
In addition all claims must be supported by all required test Emergency Works - Item Description Unit Quantity Rate Periodic Value of
results verifying that the works have been competed in Completed Emergency
accordance with the specifications , the Contracting Entity's Works
CQAMP and any specific instructions issued by the Project
Manager and /or the Employer.
Transferred to Contract
Summary Sheet
Transferred to Contract
Summary Sheet
The Contractor shall comply with the following terms of reference and associated checklist when conducting
Environmental and Social Assessments and assisting the Employer with the implementation of any Resettlement
Action Plan required under this contract.
1. Terms of reference for assisting PRBDB in implementation of RAP in Punjab State Road Sector
Project (PSRSP)
The Government of Punjab has received a loan from the International Bank for Reconstruction and Development
(IBRD) towards the cost of the Punjab Road Sector Project (PSRSP) and it intends to apply the proceeds of this
loan to payments for goods, works, related services and consulting services to be procured under this project.
The project includes Road Improvement (Upgradation), Rehabilitation and Periodic Maintenance. The project is
being implemented in two phases. Phase I comprises 152 km of Upgradation, 206 km of rehabilitation and 354
km of periodic maintenance. Most of this work is scheduled to be complete by August 2010.
In line with the PSRSP objectives of strengthening the Government of Punjab (GoP) capacity to plan and
manage the road network and providing adequate road maintenance for network sustainability, PRBDB is
exploring the feasibility of implementing the OPRC model of road construction & maintenance contracting
under the Phase II component of PSRSP. OPRC model of contracting is being attempted first time in the State of
Punjab.
The Phase II of the project comprises Upgradation, rehabilitation and maintenance of approximately 204 km of
road network under Output & Performance based Road Contracts (OPRC) for a period of 7-10 years.
The proposed OPRC interventions can be broadly classified into three (3) categories as below:
• Resurfacing and rehabilitation of road links – to relay the existing road surface whenever it deteriorates
beyond the specified service levels without involving widening or other capacity expansion proposals. It
will involve correcting soil erosions, road embankment structure, cleaning or clearing storm drainages etc.
• Improvement Works or Widening (Upgradation) – under this intervention, the OPRC Contractor is
expected to widen the existing lane width to specified lane width at specified time period during the
contract duration. This will involve removal of trees, earthwork for embankment, storm water drainage
construction, removal of encroachments such as hawkers and squatters in urban stretches and commercial
activities, removal of utilities, widening of bridges/culverts over canal crossings etc. The available RoW
width is generally sufficient to undertake road widening and may not involve any land acquisition. The
RoW is generally free of any major encumbrances such as buildings, sensitive receptors etc located within
the proposed widening width except maybe at specific locations.
• Routine maintenance – this activity will involve day to day operational and maintenance activities along
the road links to consistently maintain the network performance as specified in the contract. This will
involve routine supervision; corrective actions including embankment strengthening, shoulder
maintenance, erosion prevention, clearing & grubbing and storm drainage cleaning; removing stored
materials along road side; pruning of tree branches; maintaining signs, road markings and other road
furniture; inspecting bridge structures; and inspecting accident and safety hot spots and implement
corrective actions etc.
iii. identification of adverse impacts; analysis of alternatives; and categorization of PAPs as per the impact
type(s)
iv. minimization of adverse impacts;
v. census and socio-economic survey of the PAPs;
vi. socio-economic profile of the project area and PAPs
vii. R&R Policy provisions and other legal framework as applicable;
viii. land required for various purposes of the project including acquisition of private land (if required);
ix. consultations with various stakeholders during both the planning as well as implementation stage;
x. institutional arrangements for implementation of RAP;
xi. implementation schedule;
xii. grievance redress mechanism and
xiii. Estimated budget for RAP as well as monitoring and evaluation arrangements, and disclosure of draft
RAP and its finalization after the receipt of comments. The RAP should be disclosed at the website of
PRBDB; office of the concerned district collector; gram panchayat; information kiosk at the
contractor‘s project office and office of the concerned executive engineer.
All surveys shall be carried out in compliance with the Government of India (GoI) standards/ guidelines/ norms.
Wherever such guidelines/norms are not available, the techniques, tools and samples employed for the surveys
shall conform to the international practices. Whenever directly relevant secondary data is available, these should
be used, while indirectly relevant data should be verified through primary survey. Environmental quality (air,
water and noise) monitoring shall include an adequate number of samples, as established on a sampling network,
so as to provide a representative sample of the entire OPRC link-specific corridor. Additional sample data for
sensitive environmental/ecological receptors, if any, shall be collected such as to analyze and predict the possible
impacts to a degree and precision of acceptable professional standards. Further, additional specialized surveys,
such as biodiversity assessment survey, and/or hydrological surveys shall be conducted, if and when
The Contractor shall also collect information on the various prevailing environmental and forest laws/
regulations so as to carry out the OPRC link-specific EA in conformity to these.
Following this, the final feedback received shall be analysed, and the Contractor shall determine how these can
be addressed in the final EMP and in the OPRC link-specific designs. The Contractor shall co-ordinate the entire
consultation programme with the social and the engineering teams of the Contractor.
For each impact predicted, feasible and cost effective mitigation measures shall be identified to reduce
potentially significant adverse environmental impacts to acceptable levels. The capital and recurrent costs of the
measures, and institutional, training and monitoring requirements to effectively implement these measures shall
be determined. The Contractor shall explore and recommend environmental enhancements including roadside
landscaping, separation of non-motorized lanes in an aesthetically appealing manner, provision of pilgrimage
pathways, and development of cultural properties or improving access along the corridor. At this stage, it would
be important to identify the need for further environmental studies for issues that cannot be dealt with during the
OPRC link-specific proposal preparation stage, but should be undertaken during OPRC link-specific
implementation phase.
The Contractor shall support the client to furnish any relevant information required for obtaining clearance from
various state and central government agencies. This may include {a) assisting the client in the submission of
application for the Clearance of Reserved or Protected Forests to the Forest Departments; {b) completion of
forms and submission of the same for obtaining Consent to Establish (CTE) and Consent to Operate (CTO)
under the Water and Air Acts from the State Pollution Control Boards; {c) completion and submission of
documents necessary for obtaining Environmental Clearance under EIA Notification, 2006; {d) assistance in
presentation to the Wildlife Board of the MoEF in obtaining clearance for the section of the corridor passing
through the Wildlife Reserves or Sanctuaries or other protected areas, if any; {e) assistance in submission for
any other clearance requirements with respect to the environmental components relevant to the OPRC links.
The Contractor shall discuss and co-ordinate with the internal engineering and social teams, the findings and
recommendations of the OPRC link-specific EA in a continuous manner. The Contractor shall prepare an
Environmental Assessment Report. The report will be revised in consideration of the comments of the Client and
the Bank.
The EMP shall, among others, include a list of design modifications recommended by the OPRC link-specific
EA, along with the road chainages. The report will be revised in consideration of the comments of the Client and
the World Bank.
Residual impacts from the environmental measures shall also be clearly identified. The EMP shall include
specific or sample plans for common road construction related activities, such as for management and
redevelopment of quarries, borrow areas and construction camps; and good practice guides related to
construction and upkeep of plant and machinery. The EMP shall include detailed specification, Payment
Schedule, execution drawings and contracting procedures for execution of the environmental mitigation and
enhancement measures suggested, separate for pre-construction, construction and operation periods.
Responsibilities for execution and supervision of each of the mitigation and enhancement measures shall be
specified in the EMP. A plan for continued consultation to be conducted during implementation stage of the
OPRC link-specific shall also be appended.
In addition, the program will specify what action should be taken and by whom in the event that the proposed
mitigation measures fail, either partially or totally, to achieve the level of environmental protection expected.
Customised formats for reporting on progress on EMP activities to different stakeholders shall be prepared and
included in the EMP(s).
Each EMP shall list all mandatory government clearance conditions, and the status of procuring clearances.
Additionally, the EMPs shall include as separate attachments, if applicable, Natural Habitat Plan and/or Cultural
Properties Plan to satisfy the requirements of the World Bank safeguard policies.
Each EMP shall provide a summary description of where and how the recommendations of EA & EMP are made
part of the OPRC link-specific s' designs, construction schedule, and all contract documents.
Pre-Construction Phase
Obtain prior permission for working at sections of the road pass PRBDB, PWD,
Ecologically
through ecologically sensitive areas from the competent authorities Appropriate
sensitive areas Road sections
as mentioned in the ESMF report for OPRC works. Regulatory
(protected forests, pass through
P.1 PRBDB Authorities and
reserve forests, ecologically No tree felling shall be allowed. No diversion of forest land shall be the Employer‘s
wildlife sanctuary, sensitive areas carried out. While resurfacing, adequate precaution should be taken Monitoring
national park etc.) to avoid any damage to flora and fauna. Consultant.
The acquisition of land and private properties will be carried out in PRBDB, Revenue
Land Acquisition accordance with the RAP and entitlement framework of the Project.
To Be Assessed Dept,
P.2 PRBDB has to ascertain that acquisition of land in the post design PRBDB
(if required) (TBA) Collaborating
phase are addressed and integrated into the relevant contract
documents. Agencies
Clearance of Advance notice, as per RAP shall be given to the encroachers & PRBDB and
Encroachment/ squatters present in the Corridor of Impact, who need to be relocated.
P.3 TBA Revenue PRBDB
squatters (change All R&R activities will be completed prior to initiation of civil
works. Authority
in land use)
Supervising &
Sl. Environmental Location/ Implementing
Mitigation Measures Monitoring
No. Issue sources Agency
Agency
No tree will be cut beyond the proposed toe line. All efforts will be
made to preserve trees including evaluation of minor design
adjustments/alternatives to save trees (safety of road user needs to be
properly considered while making such decisions). Specific attention
will be given for protecting giant trees, green tunnels and locally PRBDB, Forest PWD/
Preservation of important trees (religiously important etc.).
P.5 TBA Department, Monitoring
Trees
Particular species declared as ‗protected‘ by the State‘s Forest Dept. Contractor Consultant
in the private land will be felled only after due clearance from the
Forest Dept./ concerned agencies is obtained.
In the event of design changes, additional assessments including the
possibility to save trees shall be made.
P.6 Relocation of All community utilities and properties i.e., hand pumps, open wells,
Community water supply lines, sewer lines, telephone cables, buildings and PRBDB, other PWD/
Utilities and TBA health centres will be relocated before construction starts on the Agencies and the Monitoring
Common project road. All possible measures are to be taken to minimise Contractor Consultant
Property Resources inconvenience to public.
Supervising &
Sl. Environmental Location/ Implementing
Mitigation Measures Monitoring
No. Issue sources Agency
Agency
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
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 PRBDB, PWD,
Appropriate
500 m from National Highway, 250 m from State Highway, 100 m from
Construction plants, Regulatory
District roads and other roads
C.1 Air Pollution equipment and Contractor Authorities and the
away from agricultural land
vehicles Employer‘s
preference to barren land Monitoring
Obtaining Consent-for-Establishment (CFE) and Obtaining Consent- Consultant
for-Operation (CFO) under Air and Water Acts from the Punjab State
Pollution Control (PSPCB).
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. Pollution
control measures for Diesel Generator (DG) set i.e. stack height,
acoustic enclosure etc.
Greenbelt along the periphery of plant site.
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
PRBDB, PWD,
Appropriate
Dust during earth Maintaining adequate moisture at surface of any earthwork layer completed Regulatory
works or from spoil or non-completed to avoid dust emission. Contractor Authorities and the
dumps Stockpiling spoil at designated areas and at least 5 m away from traffic lane. Employer‘s
Monitoring
Consultant
PRBDB, PWD,
Appropriate
Storage of Regulatory
maintenance Proper stockpiling and sprinkling of water as necessary. Contractor Authorities and the
materials Employer‘s
Monitoring
Consultant
Clearing of PRBDB, PWD,
Clearance of waterway will be undertaken before onset of monsoon i.e. Appropriate
waterways of cross
early in the month of June. Regulatory
drainage works
Debris generated due to clearing of longitudinal side drains and waterways Authorities and the
including bridges Contractor
of cross drainage will be stored above high flood level and away from Employer‘s
C.2 Water Pollution and clearing of
waterway, and reused on embankment slope or disposed at designated Monitoring
longitudinal side
areas10. Consultant
drains
Construction
Avoiding cleaning / washing of construction vehicle in any water body Contractor
vehicles
10
Designated areas are to be identified and finalized by Contractor in consultation with the Project Manager in accordance with relevant Environmental and Social Management Requirements
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
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 PRBDB, PWD,
water Management Plan (SWMP) for (all) the site(s) after approval from the Appropriate
Project Manager. Regulatory
Construction camp
The camp must have impervious flooring to prevent seepage of any leaked Contractor Authorities and the
and workers‘ camp
oil & grease into the ground. The area should be covered with a roof to Employer‘s
prevent the entry of rainwater. Monitoring
Degreasing can also be carried out using mechanical spray type degreaser, Consultant
with complete recycle using an enclosure with nozzles and two sieves,
coarse above and fine below, may 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 day‘s construction is over, or as required.
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
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. PRBDB, PWD,
Protection devices (ear plugs or ear muffs) will be provided to the workers Appropriate
Vehicles and operating in the vicinity of high noise generating machines. Regulatory
Noise Pollution and
C.3 Construction Construction equipment and machinery will be fitted with silencers and Contractor Authorities and the
Vibration
machinery maintained properly. Employer‘s
Source-control through proper maintenance of all equipment. Monitoring
Use of properly designed engine enclosures and intake silencers. Consultant
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
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
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
PRBDB, PWD,
Providing bulk bituminous storage tank instead of drums for storage of
Appropriate
bitumen and bitumen emulsion
Spillage from plant Regulatory
Providing impervious base at bitumen and emulsion storage area and
and equipment at Contractor Authorities and the
regular clearing of any bitumen spillage for controlled disposal
construction camps Employer‘s
Reusing bitumen spillage
Monitoring
Disposing non-usable bitumen spills in a deep trench providing clay lining
Consultant
C.4 Land Pollution of 300 mm at the bottom and filled with soil at the top (for at least 0.5 m) to
encourage vegetation growth.
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.
PRBDB, PWD,
Collecting kitchen waste at separate bins and disposing of in a pit at
Appropriate
Domestic solid designated area/s
Regulatory
waste and liquid Collecting plastics in separate bins and disposing in deep trench at
Contractor Authorities and the
waste generated at designated area/s covering with soil
Employer‘s
camps Collecting cottons, clothes etc. at separate bins and burning in a pit (with
Monitoring
sand bed)
Consultant
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
Finalizing borrow areas for borrowing earth and all logistic arrangements as
well as compliance to environmental requirements, as applicable, will be the
PRBDB, PWD,
sole responsibility of the Contractor.
Appropriate
The Contractor will not start borrowing earth from select borrow area until
Regulatory
the formal agreement is signed between landowner and the Contractor and a
C.5 Borrow Areas TBA Contractor Authorities and the
copy is submitted to the Project Manager.
Employer‘s
Planning of haul roads for accessing borrow areas will be undertaken during
Monitoring
this stage. The haul roads shall be routed to avoid agricultural areas as far as
Consultant
possible and will use the existing village roads wherever available.
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
The Contractor will use ground /surface water as a source of water for the
construction and where necessary set up own bore well facility for
construction work.
Contractor may use the ponds, which are not in use by the community or
identified to fill up for the project, but in that case, before using any pond
PRBDB, PWD,
water the Contractor will obtain written consent from the owner and submit
Appropriate
this to the Project Manager.
Regulatory
Arrangement for To avoid disruption/disturbance to other water users, the Contractor will
C.7 TBA Contractor Authorities and the
Construction Water extract water from fixed locations and consult with the Project Manager
Employer‘s
before finalising the locations.
Monitoring
The Contractor will provide a list of locations and type of sources from
Consultant
where water for construction will be extracted.
The Contractor will need to comply with the requirements of the State
Ground Water Department for the extraction and seek their approval for
doing so and submit copies of the permission to the Project Manager and
the PRBDB.
PRBDB, PWD,
Any riverbeds The sand will be procured from identified sand mines as far as possible. If Appropriate
recommended for the Contractor wants to obtain from other sources he shall provide reasons Regulatory
C.8 Sand sand extraction for doing so. Contractor Authorities and the
within the contract The Contractor will obtain copy of the Lease agreement of the supplier and Employer‘s
area. submit this to the Project Manager before procuring the sand. Monitoring
Consultant.
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
Supervising &
Sl. Environmental Implementing
Location/sources Mitigation Measures Monitoring
No. Issue Agency
Agency
Table of Contents
PART-3: CONDITIONS OF CONTRACT AND CONTRACT FORMS – SECTION VII ...................... 381
Rehabilitation 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. Rehabilitation Works quantities were estimated
by the Contractor to achieve the performance standards defined by the Service
Levels and offered at a Lump-Sum price.
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
Contractor‘s 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
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 Project Manager will provide
instructions clarifying queries about these General Conditions (GC).
3. Documents 3.1 The documents forming the Contract shall be interpreted in the following
Forming the order of priority:
Contract
(1) Agreement,
(2) Letter of Acceptance,
(3) Contractor‘s Bid,
(4) Particular Conditions (PC),
(5) General Conditions (GC),
(6) Specifications,
(7) Drawings,
(8) Bill of Quantities, 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 stated in
Law 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 Project Manager 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 Project Manager‘s 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 they are deposited at a
designated location within the office of the Project Manager, and if a copy is sent
to the Contractor‘s legal address.
(Alternative 6.1.1 If any dispute of any kind whatsoever shall arise between the Employer
when using a and the Contractor in connection with or arising out of the Contract,
Dispute Review including without prejudice to the generality of the foregoing, any
Board) 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 Contract—the 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 Board (‗the
Board‘), with a copy to the other party.
6.1.2 The Board shall be established when each of the three Board Members
has signed a Board Member‘s Declaration of Acceptance as required by
the DRB‘s Rules and Procedures (which, along with the Declaration of
Acceptance form, are attached to the Contract). The Board shall comprise
three Members experienced with the type of construction and services
involved in the Contract and with the interpretation of contractual
documents. One Member shall be selected by each of the Employer and
the Contractor and approved by the other. If either of these Members is
not so selected and approved within 28 days of the date of the Letter of
Acceptance, then upon the request of either or both parties such Member
shall be selected as soon as practicable by the Appointing Authority
specified in the PC. The third Member shall be selected by the other two
and approved by the parties. If the two Members selected by or on behalf
of the parties fail to select the third Member within 14 days after the later
of their selections, or if within 14 days after the selection of the third
Member, the parties fail to approve that Member, then upon the request
of either or both parties such third Member shall be selected promptly by
the same Appointing Authority specified in the PC who shall seek the
approval of the proposed third Member by the parties before selection
but, failing such approval, nevertheless shall select the third Member.
The third Member shall serve as Chairman of the Board.
6.1.3 In the event of death, disability, or resignation of any Member, such
Member shall be replaced in the same manner as the Member being
replaced was selected. If for whatever other reason a Member shall
fail or be unable to serve, the Chairman (or failing the action of the
Chairman then either of the other Members) shall inform the parties
and such nonserving Member shall be replaced in the same manner as
the Member being replaced was selected. Any replacement made by
the parties shall be completed within 28 days after the event giving
rise to the vacancy on the Board, failing which the replacement shall
be made by the Appointing Authority in the same manner as
described above. Replacement shall be considered completed when
the new Member signs the Board Member‘s Declaration of
Acceptance. Throughout any replacement process the Members not
being replaced shall continue to serve and the Board shall continue to
function and its activities shall have the same force and effect as if the
vacancy had not occurred, provided, however, that the Board shall not
conduct a hearing nor issue a Recommendation until the replacement
is completed.
6.1.4 Either the Employer or the Contractor may refer a dispute to the
Board in accordance with the provisions of the DRB‘s Rules and
Procedures, attached to the Contract. The Recommendation of the
Board 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 Board, or if the Board fails to issue its
Recommendation within 56 days after receipt by the Chairman of the
Board of 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 Board 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 Board, 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 Board‘s
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 Board.
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 Board for the purpose of obtaining his
Recommendation(s) pursuant to Sub-Clause 6.2.1. No
Recommendation shall disqualify the Board 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
B. Assignment of Responsibilities
7. Scope of Works and 7.1 Unless otherwise expressly limited in the Specifications, the Contractor‘s
Services 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;
Contractor‘s 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 programming of
Responsibility 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 Project
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 period
Completion 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 Rehabilitation and Improvement Works (or of a part
11. Contractor’s 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 national 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 Contractor‘s and Subcontractor‘s personnel and entry permits for all
imported Contractor‘s Equipment. 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, national 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.
11.5 Any Plant, Material and Services that will be incorporated in or be
required for the Works and Services and other supplies shall have their
origin in an eligible Country as defined under the Bank‘s procurement
guidelines.
11.6 The Contractor shall permit the Bank and/or persons appointed by the
Bank to inspect the Site and/or the accounts and records of the Contractor
and its subcontractors relating to the performance of the Contract, and to
have such accounts and records audited by auditors appointed by the
Bank if required by the Bank. The Contractor‘s attention is drawn to
Sub-Clause 59.2.1 which provides, inter alia, that acts intended to
materially impede the exercise of the Bank‘s inspection and audit rights
provided for under Sub-Clause 11.6 constitute a prohibited practice
subject to contract termination (as well as to a determination of
ineligibility under the Procurement Guidelines).
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 Project Manager.
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 prior
Contract 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. Employer’s 14.1 The Employer shall apply due diligence to ensure the accuracy of all
Responsibilities 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
Employer‘s 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 best 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 national 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 not,
Information without the written consent of the other party hereto, divulge to any third
19. Staff and Labor 19.1 The Contractor shall employ the key personnel named in the Contractor‘s
Bid, to carry out the functions stated in the Specifications or other
personnel approved by the Project Manager. The Project Manager 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 Contractor‘s 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 Subcontractor‘s 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 contractor‘s 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.
20. Test and Inspection 20.1 The Contractor shall at its own expense carry out on the Site all such
tests and/or inspections as are specified in the Specifications and in
accordance with the procedures described in the Specifications.
21. Rehabilitation Works 21.1 If so indicated in the PC, specific Rehabilitation Works shall be carried
out explicitly in accordance with the Specifications and as specified in
the bidding documents and in the Contractor‘s Bid. Input quantities for
Rehabilitation Works were estimated by the Contractor to achieve the
performance criteria for Rehabilitation Works given in the
Specifications. The specific Rehabilitation Works were offered by the
Contractor at a Lump-Sum price.
22. Improvement Works 22.1 If so indicated in the PC, Improvement Works are required and will
consist of a set of interventions that add new characteristics to the roads
in response to new traffic and safety or other conditions. Improvement
Works quantities were offered at unit prices included in the Bill of
Quantities.
23. Maintenance 23.1 Maintenance Services are those activities necessary for keeping the
Services Road in compliance with the Performance Standards pursuant to GC
Clause 24. 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 Maintenance Services to achieve and
Standards 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. Contractor’s Self- 25.1 The Contractor shall, throughout the execution and completion of the
Control of Quality Works and Services, maintain a System which shall ensure that the
and Safety work methods and procedures are adequate and safe at all 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
26. Environmental 26.1 The Contractor shall, throughout the design, execution and completion
and Safety of the Works and Services, and the remedying of any defects therein:
Requirements
(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 for 27.1 Improvement Works and Emergency Works shall be executed by the
Improvement Contractor on the basis of Work Orders issued by the Project Manager.
Works and
Emergency 27.2 Work Orders shall be issued in writing and shall include the date on which
Works the Work Order was issued and the signature of the Project Manager. Two
copies of the Work Order shall be transmitted by the Project Manager to the
Contractor, who shall immediately countersign one copy, including the date
of acceptance, and return it to the Project Manager.
27.3 If the Contractor has any objection to a Work Order, the Road Manager shall
notify the Project Manager 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
Manager‘s objection, the Project Manager 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 substantially
Procedures completed and have satisfactorily passed any Tests on Completion
prescribed by the Contract, the Contractor may give a notice to that
effect to the Project Manager, 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 Project Manager to issue a Taking-
Over Certificate in respect of the Works and Services. The Project
Manager 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
29. Emergency Works 29.1 The need for execution of Emergency Works is jointly identified by the
Employer and the Contractor and the starting of the execution of
Emergency Works shall always require a Work Order issued by the
Project Manager.
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 Project Manager 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 Project Manager 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
Project Manager 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
30. Quality of materials 30.1 The quality of materials used by the Contractor for the execution of
used by Contractor the Contract shall be in compliance with the requirements of 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 Project Manager.
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
Project Manager, 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 users
demarcation of work and pedestrians, the Contractor is responsible to install and maintain at
zones and bypasses his cost the adequate signalling and demarcation of 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
Project Manager of any such temporary installations.
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
32.1 From the Start Date until the Defects Correction Certificate has been issued,
32. Employer’s the following are Employer‘s risks insofar as they directly affect the
Risks execution of the Works and Services included in this Contract:
(a) war, hostilities (whether war be declared or not), invasion, act of
foreign enemies;
33. Contractor’s 33.1 The Employer carries the risks which this Contract states are Employer‘s
Risks risks, and the remaining risks are the Contractor‘s risks.
34. Loss of or 34.1 Subject to GC Sub-Clause 34.3, the Contractor shall indemnify and hold
Damage to harmless the Employer and its employees and officers from and against
Property; any and all suits, actions or administrative proceedings, claims, demands,
Accident or losses, damages, costs, and expenses of whatsoever nature, including
Injury to attorney‘s fees and expenses, in respect of the death or injury of any
Workers; person or loss of or damage to any property arising in connection with the
Indemnification execution and by reason 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 Employer‘s 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 Contractor‘s 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 party‘s
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
Employer‘s 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) Employer‟s 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 Employer‘s Liability Insurances,
and the Contractor‘s 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 Employer‘s Liability Insurances. All insurer‘s 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
36. Unforeseen 36.1 If, during the execution of the Contract, the Contractor shall encounter on the
Conditions 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 Contractor‘s Equipment, notify the Project Manager 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 Contractor‘s
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 Project Manager decides upon the actions to be taken to overcome the
physical conditions or artificial obstructions encountered. Following such
consultations, the Project Manager shall instruct the Contractor, with a copy to
the Employer, of the actions to be taken.
36.2 Any reasonable additional cost and expense incurred by the Contractor in
following the instructions from the Project Manager 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 Laws 37.1 If, after the date twenty-eight (28) days prior to the date of Bid submission, in
and Regulations the country where the Site is located, any law, 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 Majeure 38.1 ―Force Majeure‖ shall mean any event beyond the reasonable control 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 party‘s
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 fulfil its or their obligations under the Contract, but
without prejudice to either party‘s 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 party‘s 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.
39. Completion 39.1 The Contractor guarantees that it shall attain specified Service Levels and the
Time Guarantee Completion of Rehabilitation and 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 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 Rehabilitation and
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. The aggregate amount of such liquidated damages shall in no
event exceed the amount specified as ―maximum‖ in the PC. Once the
―Maximum‖ is reached, the Employer may consider termination of the
Contract, pursuant to GCC Sub-Clause 59.2.
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 Inspections
Guarantee and for Rehabilitation and Improvement Works, and for Emergency Works, the
Liability 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 Rehabilitation and Improvement Works specified in the
corresponding Specifications are not attained either in whole or in part, the
Contractor shall, at the Contractor‘s 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
Contractor‘s 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 Project
Manager shall issue the Certificate of Completion for the Works or any part
41. Defect Liability 41.1 The Contractor warrants that the Works and Services or any part 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, or 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 Contractor‘s 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 willful action of the
Contractor.
43. Liability for 43.1 The Contractor cannot be held liable for losses or damages of any kind arising
Damages out of traffic accidents on the roads included in the Contract, unless those
through Traffic traffic accidents have been caused directly by potholes or other major defects
Accidents and of the Road covered by the Contract he failed to repair in a timely manner,
Traffic criminal acts, willful 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 Price 44.1 The Contract Price shall be as specified in the Letter of Acceptance
Agreement to be paid in the currencies indicated in the Letter of Acceptance.
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 Rehabilitation Works, a firm lump sum not subject to any alteration,
to be paid according to work progress;
(b) For Maintenance Services, a firm lump sum to be paid in monthly
instalments;
(c) For Improvement Works, the total price stated in the Bill of Quantities
for this item;
(d) 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
45. Advance 45.1 The Employer shall make advance payment to the Contractor of the amounts
Payment 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 Project Manager.
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. Bill of Quantities 46.1 The Bill of Quantities shall contain items for Groups of Activities which
include the provision of Services (measured by performance standards) and
Works (measured by unit of outputs or of products). The Bill of Quantities for
Works shall include, where applicable, the lump-sum and unit price for
Rehabilitation Works, and unit rates for Improvement Works and for
Emergency Works.
46.2 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 Maintenance Services are those stated in the Bill of
Quantities.
46.3 Rehabilitation 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 Bill of Quantities.
46.4 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 Bill of Quantities.
46.5 Each Emergency Work Order issued by the Project Manager will include a
lump-sum price for the works to be performed. The Lump-Sum price for the
Emergency Works will be submitted by the Contractor to the Project Manager
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 Bill of
Quantities for Emergency Works, and will remunerate all Emergency
Activities. The prices include compliance with all Performance Indices
described in the Specifications. Once approved, Emergency Works will be
paid as lump sum in accordance with the schedule of payment proposed by the
Contractor for the specific Emergency and approved by the Employer.
46.6 The Bill of Quantities is used to calculate the Contract Price. The amounts for
Maintenance Services and Rehabilitation Works are the Lump-Sum prices
offered in the Contractor‘s Bid. The Improvement Works amount included in
the Contract is an estimate on the basis of the unit prices included in the
Contractor‘s 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 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. Maintenance Services shall be billed in fixed monthly amounts
as per the Bill of Quantities Lump-Sum amount for 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 Rehabilitation 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 Project Manager.
47.3 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 Bill of Quantities. The prices shall be those stated in the Bill of
Quantities.
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 Prices shall be adjusted for fluctuations in the cost of inputs only if provided
Adjustments for in the PC. If so provided, the amounts certified in each payment certificate,
after deducting for Advance Payment, shall be adjusted by applying the
respective price adjustment factor to the payment amounts due in each
currency. A separate formula of the type indicated below applies to each
Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract Price payable in a
specific currency ―c‖
Ac and Bc are coefficients11 specified in the PC, representing the nonadjustable
and adjustable portions, respectively, of the Contract Price payable in that
specific currency ―c‖, and
Imc is the index prevailing at the end of the month being invoiced and Ioc is
the index prevailing twenty-eight (28) days before Bid opening for inputs
11
The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency. Normally, both
coefficients will be the same in the formulae for all currencies, since coefficient A, for the nonadjustable portion of
the payments, is a very approximate figure (usually 0.15) to take account of fixed cost elements or other
nonadjustable components. The sum of the adjustments for each currency is added to the Contract Price.
49. Monthly 49.1 The Contractor shall submit to the Project Manager monthly statements in the
Statements format indicated in the Specifications, of the estimated value of Maintenance
and Payments Services, Rehabilitation Works, Improvement Works, and Emergency Works
in separated items covering the Works and Services for the corresponding
month.
49.2 The Project Manager shall check the Contractor‘s 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 Project Manager
taking into account the monthly amount included in the Bill of Quantities for
Maintenance Services and the achievement of the Performance Standards for
the 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 Project Manager taking
into account the value of the quantities of products executed and the prices in
the Bill of Quantities.
49.5 The Project Manager 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 Maintenance
Services. The Employer shall pay the Contractor the amounts certified by the
Project Manager in accordance with GC Clause 49, within twenty-eight (28)
days of the date of each certificate. If the Employer makes a late payment, the
Contractor shall be paid interest on the late payment in the next payment.
Interest shall be calculated from the date by which the payment should have
been made up to the date when the late payment is made at the prevailing rate
of interest for commercial borrowing for each of the currencies in which
payments are made.
50.2 If an amount certified is increased in a later certificate or as a result of an
award by the Dispute Review Board or an Arbitrator, the Contractor shall be
paid interest upon the delayed payment as set out in this clause. Interest shall
be calculated from the date upon which the increased amount would have been
certified in the absence of dispute. The interest rate shall be determined as per
Sub-Clause 50.1.
50.3 Unless otherwise stated, all payments and deductions will be paid or charged
in the proportions of currencies comprising the Contract Price.
50.4 Items of the Works for which no rate or price has been entered in the Bill of
Quantities will not be paid for by the Employer and shall be deemed covered
by other rates and prices in the Contract.
51. Retention and 51.1 The Employer shall retain the percentage indicated in the PC from each
Reductions payment due to the Contractor for Rehabilitation Works and Improvement
Works, except for the types of works specified in the PC. The regular monthly
52. Taxes and Duties 52.1 Except as otherwise specifically provided in the Contract, the 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.
52.3 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 there from, as the case may be, in
accordance with GC Clause 37 hereof.
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 denominated in the currency or currencies of the
Contract, or in a freely convertible currency acceptable to the
Employer, and 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.
53.3.3 The 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 Project Manager to issue a Certificate of
Completion Completion of the Rehabilitation Works, Improvement Works and Emergency
Works, or parts thereof, as applicable, and the Project Manager will do so
upon deciding that the work is completed.
55. Final Statement 55.1 The Contractor shall supply the Project Manager with a detailed account of
the total amount that the Contractor considers payable under the Contract
before the end of the Defects Liability Period. The Project Manager 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 Contractor‘s
account if it is correct and complete. If it is not, the Project Manager 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 Project Manager 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
Project Manager, 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 shall
Drawings and supply them by the dates stated in the PC.
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 Project Manager‘s approval, the
Project Manager shall withhold the amount stated in the PC from payments
G. Remedies
58. Suspension 58.1 The Employer may request the Project Manager, by notice to the Contractor,
to order 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 Project Manager.
If, by virtue of a suspension order given by the Project Manager, other than by
reason of the Contractor‘s default or breach of the Contract, the Contractor‘s
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 Project Manager requiring 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 Project Manager, 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, 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 Contractor‘s
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 Employer‘s failure to provide possession of or access to
the Site, or failure to obtain any governmental permit under the
Employer‘s 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.
58.4 During the period of suspension, the Contractor shall not remove from the Site
any Plant and Equipment or any Contractor‘s Equipment, without the prior
written consent of the Employer.
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.
(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,
(c) remove all Contractor‘s Equipment from the Site, repatriate the
Contractor‘s 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.
12
―Another party‖ refers to a public official acting in relation to the procurement process or contract
execution]. In this context, ―public official‖ includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
(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,
13
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.
14
―Parties‖ refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
15
A ―party‖ refers to a participant in the procurement process or contract execution.
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.
(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
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 Contractor‘s
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 Employer‘s failure to provide
possession of or access to the Site or other areas or failure to
obtain any governmental permit under the Employer‘s
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,
(b) terminate all subcontracts, except those to be assigned to the
Employer pursuant to paragraph (d) (ii),
(c) remove all Contractor‘s Equipment from the Site and repatriate
the Contractor‘s 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,
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 Sum 60.1 ―Provisional Sum‖ means a sum included in the Contract for use 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 Project Manager shall determine in accordance with this Clause.
61. Use of 61.1 After detecting a situation which in the opinion of the Contractor justifies the
Provisional Sum execution of Emergency Works or otherwise as defined in GC Clause 29, the
for Emergency Contractor shall submit a Technical Report to the Project Manager
Works characterizing the situation, and state estimated works quantities to correct the
emergency situation, and a Lump Sum price quotation for the Emergency
Works to be carried out. The price quotation should be based on the
Specifications stated in Section VII using the unit prices included in the Bill of
Quantities.
61.2 If the execution of the Emergency Works require any activity not priced in the
Bill of Quantities, the Contractor will use the price breakdowns included in the
Contractor‘s 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 Quotation,
the Project Manager may issue a Work Order in accordance with GC Sub-
Clause 29.2 for execution of the Emergency Works for a Lump-Sum amount
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 done under
Provisional Sum the control and initiative of the Project Manager in accordance with the
for Contingen- conditions of the Contract.
cies
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 (with a copy
to the Project Manager) 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.
(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.
63.2.6 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 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.‖
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 Dispute Review Board in accordance with the
provisions of GC Sub-Clause 6.1.
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 the
Time for Contractor is delayed or impeded in the performance of any of its obligations
Completion 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 Project Manager 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 Employer‘s
estimate of a fair and reasonable time extension, the Contractor shall be
entitled to refer the matter to an Dispute Review Board, 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 event
Performance entirely outside the control of either the Employer or the Contractor, the
Project Manager 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.
Table of Contents
Time for Completion means the time for completing the Works or a Section or
Separable Portion (as the case may be) under GC Clause 10.2 and with any extension
under GC Clause 64.1, calculated from the Start Date for the Contract Year.
Variation means any change to the Works, which is instructed or approved as a
variation under GC Clause 63.
World Bank (WB) is the International Bank for Rehabilitation & Development (IBRD)
commonly referred to as the World Bank. It is an international financial institution that
provides credits, loans and grants.
1.1 The site is the Road Network in the State of Punjab (India), tabulated below :
The name of the Project Manager is [Shall be provided by the Employer at Contract Award
stage]
(e) the word ―tender‖ is synonymous with ―bid‖, and ―tenderer‖ with ―bidder‖ and the
words ―tender documents‖ with ―bidding documents‖
The marginal words and other headings shall not be taken into consideration in the
interpretation of these Conditions.
Words have their normal meaning under the language of the Contract unless specifically
defined.
If clarification is required, the Project Manager will provide instructions clarifying queries
about these General Conditions (GC).
4.1 The language of contract is ENGLISH and law governing the contract is that of Union of
India
The address of the Contractor is: [Shall be provided at Contract Award stage]
Name:
Street Address:
City:
State:
Zip Code:
Country:
Telephone:
Facsimile number:
Electronic mail address:
6.1.2 The appointing authority is: Executive Committee of Indian Road Congress.
6.1.2 3,000 per day for each member plus reimbursement as per Clause 6 of the Appendices to the
PC A1: Rules and Procedures for the Functions of the Dispute Review Board (DRB).
Total fees for each member shall be borne by Employer and Contractor equally.
6.2.3 Arbitration Proceedings shall be conducted in accordance with the following rules of
procedure:
Indian Contractor: A dispute with an Indian Contractor shall be finally settled by
arbitration in accordance with the Indian Arbitration and Reconciliation Act 1996, or any
statutory amendment thereof.
The arbitral tribunal shall consist of 3 arbitrators one each to be appointed by the Employer and
the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the
Parties and shall act as Presiding Arbitrator. In case of failure of the two arbitrators appointed
by the parties to reach upon a consensus within a period of 30 days from the appointment of
the arbitrator appointed subsequently, the Presiding Arbitrator shall be appointed by the
Executive Committee of the Indian Road Congress, who shall ensure the Presiding Arbitrator
thus chosen has relevant judicial experience.
If one of the parties fails to appoint its arbitrator in pursuance of Sub-clause above within 30
days after receipt of the notice of the appointment of its arbitrator by the other party, then the
Executive Committee of the Indian Roads Congress shall appoint the Arbitrator. A certified
copy of the order of the Executive Committee of the Indian Road Congress, making such an
appointment shall be furnished to each of the parties.
Arbitration proceedings shall be held in Chandigarh, Punjab, India, and the language of the
arbitration proceedings and that of all documents and communications between the parties
shall be English.
The decision of the majority of arbitrators shall be final and binding upon both parties.
The expenses incurred by each party in connection with the preparation, presentation, etc. of
its proceedings as also the fees and expenses paid to the arbitrator appointed by such party or
on its behalf shall be borne by each party itself. However, the fees and expenses paid to the
Presiding Arbitrator shall be equally borne by both, the Employer and the Contractor.
Foreign Contractor: In case of dispute with a Foreign Contractor, the dispute shall be
finally settled in accordance with the provisions of UNCITRAL Arbitration Rules. For the
purpose of this Sub-clause, the term ―Foreign Contractor‖ means a Contractor who is not
registered in India and is not a juridical person created under Indian Law.
8.4.1 The Contractor is obliged to prepare and to furnish to the Project Manager for Approval the
following documents as a minimum:
(a) An indicative Forward Work Programme (FWP) of required Rehabilitation and
resurfacing (location, length, area and treatment) for the first two years of the contract
and Improvement Works for the first three years of the contract.
(b) Detailed Pavement Design Calculations and pavement construction profile verifying
an expected minimum service life of 15 years will be achieved for all Rehabilitations
and improvement works
(c) Detailed Final Geometric Designs for all identified Improvement Works including all
associated drainage and safety improvements consistent with the Conceptual Design
requirements or previous black spot identification.
(d) Verified As-Built Drawings, construction dates, and construction details for all
Rehabilitation, Resurfacing Works and Improvement Works.
(e) Detailed Traffic Management Plans including generic plans for routine construction
site signage and delineation.
(f) Contract Quality Assurance Plans including all associated Health, Safety, Social and
Environmental Management Plans.
10.1 The Start Date of Contract shall be not later than 45 days after the issuance of the Letter of
Acceptance by the Employer, or the date of signing the Contract, whichever is earlier.
10.2 The Completion time for the Contract is Ten (10) Calendar years from the Start Date of the
Contract as per Separable Portions detailed below:-
Separable Portion 1: One (1) calendar year from the Start Date of the Contract (Year 1)
Separable Portion 2: One (1) calendar year from the End Date of Year 1
Separable Portion 3: One (1) calendar year from the End Date of Year 2
Separable Portion 4: One (1) calendar year from the End Date of Year 3
Separable Portion 5: One (1) calendar year from the End Date of Year 4
Separable Portion 6: One (1) calendar year from the End Date of Year 5
Separable Portion 7: One (1) calendar year from the End Date of Year 6
Separable Portion 8: One (1) calendar year from the End Date of Year 7
Separable Portion 9: One (1) calendar year from the End Date of Year 8
Separable Portion 10: One (1) calendar year from the End Date of Year 9.
The completion time for the Improvement, Rehabilitation and Resurfacing Works
for each Separable Portion is as defined in the Specifications at clause 1.8.
Construction Works that failed to achieve verified substantial completion within
these time frames will have liquidated damaged applied in accordance with GC
Clause 39.3.
ensure that these personnel are provided with the required residence visas and work permits.
The Employer will, if requested by the Contractor, use his best endeavours in a timely and
expeditious manner to assist the Contractor in obtaining any local, state, national, or
government permission required for bringing in the Contractor‘s personnel. Notwithstanding
anything to the contrary contained in this contract refusal of, or inability to obtain, any such
permits or approvals by the Contractor or any of his sub-contractors shall not constitute a Force
Majeure event, and shall not in any manner excuse the Contractor from the performance and
discharge of his required duties, obligations and liabilities.
The Contractor shall be responsible for the return of these personnel to the place where they
were recruited or to their domicile. In the event of the death in the Employer‘s Country of any
of these personnel or members of their families, the Contractor shall similarly be responsible
for making the appropriate arrangements for their return or burial.
12.1
Add the following to Clause 12.1 :
Subcontracting shall not alter the Contractor‘s 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.
The Contractor shall not be required to seek approval to suppliers solely of Materials.
12.2 The Contractor may subcontract under his own responsibility and without prior approval of the
Employer the following Works and Services
(a) Vegetation Control
(b) Signs Maintenance
(c) Road Marking
(d) Visual and Structural Inspection of Bridges and Structures
(e) Minor concrete works
(f) Culvert Cleaning
The Contractor shall not be permitted to sub contract the Management and Conformance
Management Unit activities.
17.3 Remove the words ‗together with his Monthly Statement‘ from third line.
19.2 (h) & (i) The provisions concerning HIV-AIDS prevention apply
21.1 Rehabilitation Works are required. The Contractor shall identify and carry out the minimum
annual quantity of Rehabilitation Works as detailed in the Specifications Section VI, the
Payment Schedule and the Conceptual Drawings in the Appendices.
22.1 Improvement Works are required. The Contractor shall carry out the Improvement Works as
detailed in the Specifications Section VI, the Payment Schedule and the Conceptual Drawings
in the Appendices.
35.1 The Contractor shall take out and maintain in effect the following insurances in the sums and
deductibles shown below:
(a) Works and Plant and Materials – Equal to the Contract Price
(b) Loss or damage to Equipment – 10% of the Contract Price (Unlimited Occurrences)
(c) Other Property - 5% of the Contract Price (Unlimited Occurrences)
(d) Personal injury or death insurance: a) for other people; (Unlimited Occurrences) –
INR 2.5Million
(e) For Contractor‘s Employees - In accordance with the statutory requirements
applicable to India
Minimum insurance cover requirements – maximum deductible amounts For (a), (b) and (c)
above shall be equal to 0.04% of the Contract Price
39.2 Replace words „Maintenance Services‘ with „Network Performance ‗ in Clause 39.2
39.3 Time frames for completion shall be as set out under PC Clause 10.2.
For Improvement Works, the liquidated damages are 0.05% per calendar day of delay, of the
payment normally due for the specific Works (the length of agreed Improvement work in the
Forward Work Programme for that Separable portion) for which completion is delayed for that
Separable Portion
For Rehabilitation Works, the liquidated damages are 0.05% per calendar day of delay, of the
payment normally due for the specific Works (the length of agreed Rehabilitation work in the
Forward Work Programme for that Separable portion) for which completion is delayed for that
Separable Portion.
For Resurfacing Works, the liquidated damages are 0.05% per calendar day of delay, of the
payment normally due for the specific Works (the length of agreed Resurfacing work in the
Forward Work Programme for that Separable portion) for which completion is delayed for that
Separable Portion.
40.3 In the first paragraph, add “Resurfacing Works,” after the words “Rehabilitation Works,‖.
41.2 The Defects Liability Period shall be 12 Months from the date of the completion of the
Contract. There are no Defects Liability Periods for completed works of the Separable
Portions.
42.1(b) The aggregate liability shall not exceed 20% of the Contract Price.
45.3 The Advance Payment will be recovered from each of the payments made to the Contractor for
completed Improvement, Rehabilitation and Resurfacing Works over the term of the contract.
The recovery shall commence with the third quarterly contract payment and will be recovered
at the rate of 10% of the value of the advance payment per quarter until such time as the
amount is fully recovered.
47.2 Rehabilitation Works will be measured on the basis of linear length measured along the
centreline of the completed works.
Imc = index prevailing at the mid-point of the three month period (quarter) being invoiced
[ A. Local Currency Component
For Labour Component : I mc = Li
For Bituminous Component : I mc = Bi
For Fuel & Lubricants Component : I mc = Fi
For Other Materials : Imc = Mi
C. Foreign Currency Component : Imc = Fei ]
-----------------
Ioc = index prevailing twenty-eight (28) days before Bid Opening (index date of the
Contract)
From the Date of Possession of Site and for the remainder of the Contract, the Contractor‘s
payments shall be adjusted up or down every three months for changes in rates and prices for
various inputs (Labour, Bitumen, Fuel and Lubricants, Aggregates and Other Materials) as per
the procedure and formula given below:
WORK DONE
R = RI + RFC
Where R is equal to the total value of work done during the period under consideration
in the proportion of currencies included in the schedule. This will exclude the cost of work on
items for which rates were fixed under Clause 63 for which the price adjustment will be
regulated as mutually agreed at the time of fixation of the rate.
RI is the portion of R payable in Indian Rupees (INR)
RFC is the portion of R payable in foreign currency(ies) if any (at fixed exchange rates)
To the extent that full compensation for any rise or fall in costs to the Contractor is not covered
by the provisions of this clause in the Contract, the unit rates/and or prices included in the
Contract shall be deemed to include the amounts to cover the contingency of such other rise or
fall in costs.
For the purpose of calculating the cost fluctuation adjustment in Clause 48.1, any Daywork,
Prime Cost Sums, Variations and other payment items which are based on actual cost, or
current prices and any advances shall be excluded from the valuation.
No other cost fluctuation adjustment shall be made by reason of any inaccuracy in the
proportions of inputs specified.
The Contractor shall not be entitled to claim or have deducted any cost fluctuation adjustment
for any further changes in indices which occur after the Due Date for Completion of the
Contract.
Where indices for the last date of the quarter have not yet been published, interim payments
shall be made on the basis of the average indices for that quarter or the most recent quarter for
which indices are available.
If at any time any of the indices referred to in Clause 48.1 are no longer published by
the respective Government Ministries, or if the basis of any index is materially
changed, the adjustment shall thereafter be calculated by using such other index, or in
such other manner as will fairly reflect the changes as previously measured by that
index as agreed by the Employer
PAYMENT ADJUSTMENT
The total value of the payment adjustment V shall be as follows:
Where:
Va = Increase or decrease in the cost of the work during the period under consideration due to
the change in the rates for labour.
a = Percentage of the labour component of the work for respective work category.
Lo = Consumer price index for industrial workers at the Index Date of the contract as
published by the Labour Bureau, Government of India.
Li = Consumer price index for industrial workers on the last day of the 3 month – period
under consideration for determining the price adjustment, to which a particular
Interim Payment Certificate is related, as published by the Labour Bureau, Government
of India
Where:
Vb = Increase or decrease in the cost of bituminous work during the period under consideration
due to the change in the rate of bitumen.
b = Percentage of bitumen component of the work for respective work category.
Bo = Official retail price of bitumen (VG 30 Grade) at the IOCL (Indian Oil Corporation
Limited) Panipat at the Index Date of the contract.
Bi = Official retail price of bitumen (VG 30 Grade) at the IOCL (Indian Oil Corporation
Limited Panipat) on the last day of the three month period to which a particular Interim
Payment Certificate is related.
(iii) Adjustment for Fuel and Lubricants - Vc
Price adjustments for increase or decrease in the cost of Fuel and Lubricants (POL)
shall be paid in accordance with the following formula:
Where:
Vc = Increase or decrease in the cost of work during the period under consideration due to
changes in the rates for fuel and lubricants.
c = Percentage of Fuel and Lubricants inputs for respective work category.
Fo = Official retail price of High Speed Diesel (HSD) Oil at the existing consumer pumps of
IOCL (Indian Oil Corporation Limited) in Chandigarh at the Index Date of the
contract.
Fi = Official retail price of High Speed Diesel (HSD) Oil at the existing consumer pumps of
IOCL (Indian Oil Corporation Limited) in Chandigarh on the last date of the three
month period which a particular Interim Payment Certificate is related.
(iv) Adjustment for the Cost of All Other Materials including aggregates– Ve
Price adjustments for increase or decrease in the cost of all other Materials shall be paid
in accordance with the following formula:
Where:
Ve= Increase or decrease in the cost of the work during the period under consideration due to
changes in the rates for aggregates.
d = Percentage of Other Material inputs for respective work category.
Mo = Based upon the All India Average Wholesale Price Index – All Commodities at the
Index Date of the contract.
Mi = Based upon the All India Average Wholesale Price Index – Al Commodities on the last
date of the three month period which a particular Interim Payment Certificate is
related
RFC = increase or decrease in the cost of work payable due to changes in the cost of
foreign input.
Feo = the index applicable for foreign input prevailing twenty-eight (28) days before Bid
Opening as published in the country of origin.
Fei = corresponding index on the last day of the three month period to which a particular
interim payment certificate is related (or average index in case indices are
published at lesser intervals).
49.1
Replace words “monthly” with “quarterly”, “month” with “quarter”,, and insert
“Resurfacing Works,” after words “Rehabilitation Works,” in Clause 49.1.
49.3
Replace Clause 49.3 with:
The value of Services executed shall be certified by the Project Manager taking into account
the quarterly amount included in the Payment Schedule for Network Performance and the
achievement of the Performance Standards for the Maintenance Services adjusted for any
payment reductions in accordance with GC Sub-Clause 47.1.
51.1 Retentions held for Improvement Works, Rehabilitation, Resurfacing and Emergency Works:
6% of the value of the completed works in each year up to a maximum aggregated value equal
to 5% of the total contract price.
Retentions held for Emergency Works will be released one (1) calendar year after the
completion of that Emergency Work.
53.2.1 The amount of the Advance Payment security shall be of the same value as the Advance
Payment amount, and shall be in the form of Bank Guarantee, from a Scheduled Bank.
53.3.2 The form of security shall be in the form of a Guarantee from a Scheduled Bank as set out in
Section IX.
57.1 The Contractor shall supply all ―As Built‖ drawings and associated inventory data updates with
its Post Construction Report.
57.2 The Employer may withhold 50% of the Contractor‘s next due payment (for Works) until the
information required in GCC 57.1 is received by the Project Manager.
In case, the ‗End of Contract Handover report‘ is not received by the Project Manager as
specified in Specifications, the Employer may withhold Contractor‘s final Contract Payment.
63.1.1 The Employer has the right to propose a change in the contract.
63.1.2 The Contractor has the right to propose a change in the contract.
63.2.4 For the pricing of any Change, the rate analysis shall be furnished by the Contractor and
approved by the Project Manager. In case of failure by the Contractor to furnish his rate
analysis or disagreement on submitted rates,
(a) Rate analysis shall be based on the standard data book of MORT&H
(b) Material rates and Labour rates shall be taken as prevalent in the respective
jurisdiction of PWD (B&R) Punjab at that time.
64.1 The Time(s) for Completion are as specified in the PC Clause 10.2.
Table of Contents
Appendix 1A Rules and Procedures for the Functions of the Dispute Review Board (DRB) .................... 457
The Employer and the Contractor have entered (or intend to enter) into a
contract, which is called the ‗Contract‘ and is defined in the Dispute Review
Board Agreement, which incorporates this Appendix. In the Dispute Review
Board Agreement, words and expressions which are not otherwise defined
shall have the meanings assigned to them in the Contract.
2. General Provisions Unless otherwise stated in the Dispute Review Board Agreement, it shall take
effect on the latest of the following dates:
(a) the Commencement Date defined in the Contract,
(b) when the Employer, the Contractor and the Member have each signed
the Dispute Review Board Agreement, or
(c) when the Employer, the Contractor and each of the Other Members (if
any) have respectively each signed a Dispute Review Board agreement.
This employment of the Member is a personal appointment. At any time, the
Member may give not less than 70 days‘ notice of resignation to the Employer
and to the Contractor, and the Dispute Agreement shall terminate upon the
expiry of this period.
3. Warranties The Member warrants and agrees that he/she is and shall be impartial and
independent of the Employer, the Contractor and the Engineer. The Member
shall promptly disclose, to each of them and to the Other Members (if any),
any fact or circumstance which might appear inconsistent with his/her
warranty and agreement of impartiality and independence.
When appointing the Member, the Employer and the Contractor relied upon
the Member‘s representations that he/she is:
(a) experienced in the work which the Contractor is to carry out under the
Contract,
(b) experienced in the application of contract documentation, and
(c) fluent in the language for communications defined in the Contract.
5. General Obligations The Employer, the Contractor, the Employer‘s Personnel and the Contractor‘s
of the Employer and Personnel shall not request advice from or consultation with the Member
the Contractor regarding the Contract, otherwise than in the normal course of the DRB‘s
activities under the Contract and the Dispute Review Board Agreement. The
Employer and the Contractor shall be responsible for compliance with this
provision, by the Employer‘s Personnel and the Contractor‘s Personnel
respectively.
The Employer and the Contractor undertake to each other and to the Member
that the Member shall not, except as otherwise agreed in writing by the
Employer, the Contractor, the Member and the Other Members (if any):
(a) be appointed as an arbitrator in any arbitration under the Contract;
(b) be called as a witness to give evidence concerning any dispute before
arbitrator(s) appointed for any arbitration under the Contract; or
(c) be liable for any claims for anything done or omitted in the discharge or
purported discharge of the Member‘s functions, unless the act or
omission is shown to have been in bad faith.
The Employer and the Contractor hereby jointly and severally indemnify and
hold the Member harmless against and from claims from which he is relieved
from liability under the preceding paragraph.
Whenever the Employer or the Contractor refers a dispute to the DRB under
Clause 6.1 of the Conditions of Contract, which will require the Member to
make a site visit and attend a hearing, the Employer or the Contractor shall
provide appropriate security for a sum equivalent to the reasonable expenses
to be incurred by the Member. No account shall be taken of any other
payments due or paid to the Member.
6. Payment The Member shall be paid as follows, in the currency named in the Dispute
Review Board Agreement:
(a) a retainer fee per calendar month, which shall be considered as payment
in full for:
(i) being available on 28 days‘ notice for all site visits and hearings;
(ii) becoming and remaining conversant with all project developments
and maintaining relevant files;
(iii) all office and overhead expenses including secretarial services,
photocopying and office supplies incurred in connection with his
duties; and
(iv) all services performed hereunder except those referred to in sub-
paragraphs (b) and (c) of this Clause.
The retainer fee shall be paid with effect from the first day of the calendar
month in which the Dispute Review Board Agreement becomes effective;
until the last day of the calendar month in which the Taking-Over Certificate
is issued for the whole of the Works.
With effect from the first day of the calendar month following the month in
which the Taking-Over Certificate is issued for the whole of the Contract
Works, the retainer fee shall be reduced by one third. This reduced fee shall be
paid until the first day of the calendar month in which the Member resigns or
the Dispute Review Board Agreement is otherwise terminated.
(b) a daily fee which shall be considered as payment in full for:
(i) each day or part of a day up to a maximum of two days‘ travel time
in each direction for the journey between the Member‘s home and
the site, or another location of a meeting with the Other Members
(if any);
(ii) each working day on Site visits, hearings or preparing decisions; and
(iii) each day spent reading submissions in preparation for a hearing.
(c) all reasonable expenses including necessary travel expenses (air fare in
less than first class, hotel and subsistence and other direct travel
expenses) incurred in connection with the Member‘s duties, as well as
the cost of telephone calls, courier charges, faxes and telexes: a receipt
shall be required for each item in excess of five percent of the daily fee
referred to in sub-paragraph (b) of this Clause;
(d) any taxes properly levied in the Country on payments made to the
Member (unless a national or permanent resident of the Country) under
this Clause 6.
The retainer and daily fees shall be as specified in the Dispute Review Board
Agreement. Unless it specifies otherwise, these fees shall remain fixed for the
first 24 calendar months, and shall thereafter be adjusted by agreement
between the Employer, the Contractor and the Member, at each anniversary of
the date on which the Dispute Review Board Agreement became effective.
If the parties fail to agree on the retainer fee or the daily fee, the appointing
entity or official named in the Contract Data shall determine the amount of the
fees to be used.
The Member shall submit invoices for payment of the monthly retainer and air
fares quarterly in advance. Invoices for other expenses and for daily fees shall
be submitted following the conclusion of a site visit or hearing. All invoices
shall be accompanied by a brief description of activities performed during the
relevant period and shall be addressed to the Contractor.
The Contractor shall pay each of the Member‘s invoices in full within 56
calendar days after receiving each invoice and shall apply to the Employer (in
the Statements under the Contract) for reimbursement of one-half of the
amounts of these invoices. The Employer shall then pay the Contractor in
accordance with the Contract.
If the Contractor fails to pay to the Member the amount to which he/she is
entitled under the Dispute Review Board Agreement, the Employer shall pay
the amount due to the Member and any other amount which may be required
to maintain the operation of the DRB; and without prejudice to the Employer‘s
rights or remedies. In addition to all other rights arising from this default, the
Employer shall be entitled to reimbursement of all sums paid in excess of one-
half of these payments, plus all costs of recovering these sums and financing
charges calculated at the rate specified in Sub-Clause 14.8 of the Conditions of
Contract.
If the Member does not receive payment of the amount due within 70 days
after submitting a valid invoice, the Member may (i) suspend his/her services
(without notice) until the payment is received, and/or (ii) resign his/her
appointment by giving notice under Clause 7.
7. Termination At any time: (i) the Employer and the Contractor may jointly terminate the
Dispute Review Board Agreement by giving 42 days‘ notice to the Member;
or (ii) the Member may resign as provided for in Clause 2.
If the Member fails to comply with the Dispute Review Board Agreement, the
Employer and the Contractor may, without prejudice to their other rights,
terminate it by notice to the Member so applicable by him. The notice shall
take effect when received by the Member.
If the Employer or the Contractor fails to comply with the Dispute Review
Board Agreement, the Member may, without prejudice to his other rights,
terminate it by notice to the Employer and the Contractor. The notice shall
take effect when received by them both.
Any such notice, resignation and termination shall be final and binding on the
Employer, the Contractor and the Member. However, a notice by the
Employer or the Contractor, but not by both, shall be of no effect.
8. Default of the If the Member fails to comply with any of his obligations under Clause 4 (a) -
Member (d) above, he shall not be entitled to any fees or expenses hereunder and shall,
without prejudice to their other rights, reimburse each of the Employer and the
Contractor for any fees and expenses received by the Member and the Other
Members (if any), for proceedings or decisions (if any) of the DRB which are
rendered void or ineffective by the said failure to comply.
If the Member fails to comply with any of his obligations under Clause 4 (e) -
(k) above, he shall not be entitled to any fees or expenses hereunder from the
date and to the extent of the non-compliance and shall, without prejudice to
their other rights, reimburse each of the Employer and the Contractor for any
fees and expenses already received by the Member, for proceedings or
decisions (if any) of the DRB which are rendered void or ineffective by the
said failure to comply.
9. Disputes Any dispute or claim arising out of or in connection with this Dispute Review
Board Agreement, or the breach, termination or invalidity thereof, shall be
finally settled by institutional arbitration. If no other arbitration institute is
agreed, the arbitration shall be conducted under the Rules of Arbitration of the
International Chamber of Commerce by one arbitrator appointed in
accordance with these Rules of Arbitration.
The timing of and agenda for each site visit shall be as agreed jointly by the DRB, the Employer and the
Contractor, or in the absence of agreement, shall be decided by the DRB. The purpose of site visits is to
enable the DRB to become and remain acquainted with the progress of the Works and of any actual or
potential problems or claims, and, as far as reasonable, to endeavour to prevent potential problems or claims
from becoming disputes.
Site visits shall be attended by the Employer, the Contractor and the Engineer and shall be co-ordinated by
the Employer in co-operation with the Contractor. The Employer shall ensure the provision of appropriate
conference facilities and secretarial and copying services. At the conclusion of each site visit and before
leaving the site, the DRB shall prepare a report on its activities during the visit and shall send copies to the
Employer and the Contractor.
The Employer and the Contractor shall furnish to the DRB one copy of all documents which the DRB may
request, including Contract documents, progress reports, Variation instructions, certificates and other
documents pertinent to the performance of the Contract. All communications between the DRB and the
Employer or the Contractor shall be copied to the other Party. If the DRB comprises three persons, the
Employer and the Contractor shall send copies of these requested documents and these communications to
each of these persons.
If any dispute is referred to the DRB in accordance with Clause 6.1 of the Conditions of Contract, the DRB
shall proceed in accordance with Clause 6.1 and these Rules. Subject to the time allowed to give notice of a
decision and other relevant factors, the DRB shall:
(a) act fairly and impartially as between the Employer and the Contractor, giving each of them a
reasonable opportunity of putting his case and responding to the other‘s case, and
(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.
The DRB may conduct a hearing on the dispute, in which event it will decide on the date and place for the
hearing and may request that written documentation and arguments from the Employer and the Contractor be
presented to it prior to or at the hearing.
Except as otherwise agreed in writing by the Employer and the Contractor, the DRB shall have power to
adopt an inquisitorial procedure, to refuse admission to hearings or audience at hearings to any persons other
than representatives of the Employer, the Contractor and the Engineer, and to proceed in the absence of any
party who the DRB is satisfied received notice of the hearing; but shall have discretion to decide whether
and to what extent this power may be exercised.
The Employer and the Contractor empower the DRB, among other things, to:
(b) decide upon the DRB‘s own jurisdiction, and as to the scope of any dispute referred to it,
(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other than those
contained in the Contract and these Rules,
(d) take the initiative in ascertaining the facts and matters required for a decision,
(f) decide upon the payment of financing charges in accordance with the Contract,
(g) decide upon any provisional relief such as interim or conservatory measures, and
(h) open up, review and revise any certificate, decision, determination, instruction, opinion or valuation
of the Engineer, relevant to the dispute.
The DRB shall not express any opinions during any hearing concerning the merits of any arguments
advanced by the Parties. Thereafter, the DRB shall make and give its decision in accordance with Clause 6.1,
or as otherwise agreed by the Employer and the Contractor in writing. If the DRB comprises three persons:
(a) it shall convene in private after a hearing, in order to have discussions and prepare its decision;
(b) it shall endeavour to reach a unanimous decision: if this proves impossible the applicable decision
shall be made by a majority of the Members, who may require the minority Member to prepare a
written report for submission to the Employer and the Contractor; and
(c) if a Member fails to attend a meeting or hearing, or to fulfil any required function, the other two
Members may nevertheless proceed to make a decision, unless:
(i) either the Employer or the Contractor does not agree that they do so, or
(ii) the absent Member is the chairman and he/she instructs the other Members not to make a decision.
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 Board (DRB);
(c) the undersigned has been selected to serve as a member of the DRB;
Notification of Award
Letter of Acceptance
[Date]
This is to notify you that your Bid dated [date] for execution of for the Accepted Contract Price of the
equivalent of [amount in numbers and words]
This is to notify you that your Bid dated [date] for execution of the Output and Performance Based Road
Contract (OPRC) (Asset Management Contract) For Improvement, Rehabilitation, Resurfacing &
Routine Maintenance Works of Roads of Sangrur-Mansa-Bathinda Contract Area -
PSRSP/WB/OPRC/1/ICB for the Accepted Contract Amount of the equivalent of [amount in numbers and
words] [name of currency], as corrected and modified in accordance with the Instructions to Bidders, is
hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of
Contract, using for that purpose one of the Performance Security Forms included in Section IX, Annex to
the Particular Conditions - Contract Forms, of the Bidding Document
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Contract Agreement
On Demand Guarantee
Date: ________________
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, an advance payment in the
sum ___________ [amount in figures] ( ) [amount in words] is to be made against an advance
payment 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 advance payment
referred to above must have been received by the Contractor on its account number ___________ at
_________________ [name and address of Bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which
shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim
payment certificate indicating that eighty (80) p percent of the Contract Price has been certified for
payment, or on the ___ day of _____, 2___, 2 whichever is earlier. Consequently, any demand for payment
under this guarantee must be received by us at this office on or before that date..
1
The Guarantor shall insert an amount representing the amount of the advance payment and
denominated either in the currency(ies) of the advance payment as specified in the Contract,
or in a freely convertible currency acceptable to the Employer.
2
Insert the expected expiration date of the Time for Completion. The Employer should note
that in the event of an extension of the time for completion of the Contract, the Employer
would need to request an extension of this guarantee from the Guarantor. Such request must
be in writing and must be made prior to the expiration date established in the guarantee. In
preparing this guarantee, the Employer might consider adding the following text to the form, at
the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from
the final product.
guarantee for a period not to exceed [six months][one year], in response to the Employer‟s written
request for such extension, such request to be presented to the Guarantor before the expiry of the
guarantee.”
Date: ________________
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, a performance guarantee is
required.
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 such sum being payable in the types and proportions of currencies in which the
Contract Price is payable, 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(s) under the Contract, without your
needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the …. Day of ……, 2… 2, and any demand for payment under it
must be received by us at this office on or before that date.
1
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in
the Contract and denominated either in the currency(cies) of the Contract or a freely convertible
currency acceptable to the Employer.
2
Insert the date twenty-eight days after the expected completion date. The Employer should note that in
the event of an extension of the time for completion of the Contract, the Employer would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must
be made prior to the expiration date established in the guarantee. In preparing this guarantee, the
Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to
exceed [six months][one year], in response to the Employer‟s written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.”
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458, except
that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
_____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from
the final product.
Pre-Transfer Guarantee
Date: ________________
16
The Guarantor shall insert an amount / percentage mentioned in the Contract Data/ Particular Conditions for Pre-
Transfer Guarantee and denominated in the currency(ies) of the Contract
Each demand for payment under this Guarantee must be received by us in writing at our address as follows:
Demand sent to as / received by us by way of/ via facsimile or telex or email shall not be considered as a
demand in writing according to this Guarantee.
Our undertaking pursuant to this Guarantee is unconditional and you will not be obligated to explain reason
or prove your demand or first demand payment from the Applicant or from any other entity.
Transfer Mechanism
The Contractor shall relinquish and assign, free of cost, any interest in the Contact Works to the Employer;
The Employer will be entitled to request the Contractor to remove from the Site, any assets, including
temporary assets, materials and equipment.
The Contractor shall deliver and the Employer shall be entitled to take possession, free of cost, of any or all
drawings (including plans, elevations, sections, details and diagrams), specifications records, information,
plans, schedules, samples, shop drawings, as-made plans, manuals and other documents prepared by or on
behalf of the Contractor in connection with the Road;
The Contractor shall deliver to the Employer and shall relinquish interest in all assets of the Contractor;
Upon the request of the Employer, the Contractor shall assign free of costs all Project Agreements,
Insurance Policies and warranty certificates.
The provisions of this Section (e) shall not apply to: (i) contractual rights of the Contractor to payments the
cause of which has arisen prior to the Termination Date or the end of the Term of the Agreement, and/or (ii)
performance securities and/or Insurance Policies enforceable due to events which occurred prior to the
Termination Date or the end of the Term of the Agreement; and provided that in the event of termination of
the Agreement, their relevant amounts have been deducted from the compensation payable to the
Contractor pursuant to this Agreement.
The Contractor shall assign or grant to the Employer, in accordance with the direction of the Employer, a
non exclusive, irrevocable right to use any intellectual or industrial property rights not then owned by the
Employer connected with the use and Operation and Maintenance of the Road, free of cost;
The Contractor undertakes that all Project Agreements and other agreements executed by it shall include
waivers for the Employer from any party, including the Contractor, who may claim moral rights in any
plan, design or other work incorporated in the Project, which could have the effect of preventing any
changes or modifications of any part of the Project.
All assets and rights transferred to the Employer shall be transferred free of any and all third party rights
(including the Contractor), charges, liens, liabilities and mortgages; without derogating from the generality
of the foregoing, removal and/or transfer of charges, liens, liabilities and/or mortgages will be subject to
coordination with the Employer.
The Contractor will settle all outstanding liabilities arising from assets and/or rights transferred to the
Employer, pertaining to the period prior to the date of transfer thereof. Without derogating from the
generality of the foregoing, the Contractor will compensate the Employer, a new Contractor, or anyone on
their behalf, for any damage, loss, claim or costs due to such liabilities not being settled by the Contractor.
The Employer may direct the Contractor to take such other reasonable action in order to give effect to the
provisions of this Section, and the Contractor shall take such action as the Employer may direct it; without
derogating from the generality of the foregoing, the Contractor shall take all reasonable steps and cooperate
fully with the Employer and any one on its behalf so that continuation of the Project is achieved with the
minimum of disruption and so as to prevent or mitigate any inconvenience or risk to health or safety.
We hereby waive any right we might have of first requiring you to pursue your legal remedies against the
Applicant and waive notice of acceptance hereof, of any action taken or omitted in reliance hereon and of
any failure to comply with the terms of the Contract Agreement in reference. We hereby agree that our
obligations under this Guarantee are direct, primary, unconditional, irrevocable obligations and that the
Contract Agreement in reference may be modified, amended and supplemented without our consent in any
manner and agree that no such modification, amendment or supplement shall release, effect or impair our
liability under this Guarantee.
This Guarantee will not be assigned or transferred by you without our consent.
This Guarantee shall remain in force from the commencement of Year 8 of Contract (or any earlier date
requested by the Employer) through to the date that the Defects Liability Certificate is issued.
_____________________ _____________________
[signature(s)] [signature(s)]
[Page left blank intentionally]
GOVERNMENT OF PUNJAB
1. This invitation for bids follows the General Procurement Notice (GPN) for Phase II of the
Punjab State Road Sector Project that appeared in Development Business dated 5 th October
2009.
2. The Government of Punjab through the Government of India has received a loan from the
International Bank for Reconstruction and Development (IBRD) toward the cost of the
Punjab State Road Sector Project, and it intends to apply part of the proceeds of this loan to
payments under the Procurement of Contract under Output and Performance based
Road Contract (OPRC) (Road Asset Management Contract) for Improvement,
Rehabilitation, Resurfacing & Routine Maintenance Works of roads of Sangrur-
Mansa-Bathinda Contract Area. The management and maintenance of the road network
under this Contract will be for Ten (10) years. Chief Engineer (PSRSP), PWD B&R,
Punjab (INDIA) [The Employer] now invites sealed bids from eligible bidders for the
following contract:
Contract No. Contract Name Contract Length
Procurement of Contract under
Output and Performance based Road
Contract (OPRC) (Road Asset
PSRSP/WB/OPRC/1/ICB Management Contract) for 203.68 km
Improvement, Rehabilitation,
Resurfacing & Routine Maintenance
Works of roads of Sangrur-Mansa-
Bathinda Contract Area.
4. Bidders are advised to note the minimum qualification criteria specified in Section III of
bidding documents to qualify for award of the contracts.
5. Interested eligible bidders may obtain further information from and inspect the bid
documents at the O/o The Project Director, Punjab Roads & Bridges Development Board,
SCO 61 – 62, Phase II, SAS Nagar, Mohali (Chandigarh) India, Tel No. 91-172-662-6620,
Fax No. 91-172-662-6640 ,e-mail: [email protected] from 10.00 AM to 5.00 PM, on
working days from January 2, 2012 to April 10, 2012. A complete set of bidding
documents in English may be purchased by interested eligible bidders on the submission of
a written application to the address below and upon payment of a non-refundable fee of
Indian Rupees (INR) 15,000 or United States Dollars (US$) 300. The method of payment
will be by cash or Bank demand draft in favour of Punjab Roads and Bridges Development
Board, payable at Chandigarh. Bidding documents requested by mail will be dispatched by
registered / speed post / courier on payment of an extra amount of INR 1,000 for domestic
shipping and INR 5,000 or US$ 100 for overseas shipping. The Punjab Roads & Bridges
Development Board will not be held responsible for the postal / courier delay, if any, in the
delivery of the documents or non-receipt of the same. Other details can be seen in the
bidding documents. Copy of the bidding documents are also available, only for reference,
on the Internet website: http://prbdb.gov.in/oprc.html .
6. Bids must be delivered in sealed envelopes to the address below on or before 11.00 AM on
April 11, 2012. All bids must be accompanied by a Bid Security of INR 60 Million
(Indian Rupees Sixty Million), or US$ 1,300,000 (USD One Million Three Hundred
Thousand only). Late bids will be rejected. The bids will be opened on April 11, 2012 at
11.30 AM in the presence of Bidders or their authorised representatives, who may wish to
be present.
7. A pre-bid meeting will be held on February 15, 2012 at 10:00 AM in the Office of the
Project Director, Punjab Roads and Bridges Development Board, SCO 61-62, Phase II
SAS Nagar, Mohali (Chandigarh) to clarify the issues and to answer questions on any
matter that may be raised at that stage as stated in Clause 7.4 of ‗Instructions to Bidders‘ of
the bidding document.
Chief Engineer
(Punjab State Road Sector Project)
Public Works Department (B&R)
Punjab (INDIA)
Address for Bid Submission:
Office of the Project Director
Punjab Roads & Bridges Development Board,
SCO 61-62, Phase II
Mohali (Chandigarh)
INDIA- 160 055
Tel No. 91-172-662-6620
Fax No.91-172-662- 6640