·-RW/NH-3304412912015-S8:R(R)pt.

GOVERNMENTOF INDIAMINISTRYOF ROADTRANSPORT8: HIGHWAYS

Transport Bhavan, No.1, Parliament Street, New Delhi-11 0001.

Dated: 11th February, 2021 .

To1. The Chief Secretaries of all the State Governments/ UTs

2. The Principal Secretaries/ Secretaries of all States/ UTs Public Works Departmentdealing with National Highways, other centrally sponsored schemes.

3. All Engineers-in-Chief and Chief Engineers of Public Works Department of States/UTsdealing with National Highways, other centrally sponsored schemes.

4. The Director General (Border Roads), Seema Sadak Bhawan, Ring Road, New Delhi-

110010.5. The Chairman, National Highway Authority of India, G-5 8:6, Sector-10, Dwarka,

New Delhi-1100756. The Managing Director, NHIDCL,PTI Building, New Delhi-110001

7. All CE-ROs,ROsand ELOsof the Ministry

Sub: _ Utility Shifting Works for development of National Highways - StandardOperating Procedures (SOP).

Sir,It has been observed that delays in shifting of utilities is one of the major reasons

affecting timely completion of the project. Sometimes, various utilities are not properlyaccounted/estimated in the DPRwhich adversely affects execution of the projects.2. Matter has been considered in detail and following guidelines are issued which shallbe strictly followed by the consultants/executing agencies for timely completion of the

project: -2.1 Utilities (both overground and underground) that are required to be shifted for aNational Highway project shall be clearly assessedby the DPRconsultant during projectpreparation stage. The scope of work and estimated cost of shifting of utilities (excludingthe supervision charges and without credit of dismantled scrape material) shall beincluded in the bids under civil construction cost as per the detailed estimates dulyreviewed/verified by the DPRConsultants and sanctioned by the utility agencies at theappropriate level. Executing Agencies of the Ministry would ensure that the DPRconsultants have checked/verified the estimates before sanction by utility owningagencies broadly on following points:(i) Utility shifting plans would show the existing utilities to be shifted and proposedutilities with offsets, development plan of project highway duly dimensioned and proposed

Right Of Way.(ii) There should be no variation in the quantum of existing utilities to be shifted andnew facilities to be provided except where the variation is technically explained and

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justified and accepted by Executing Agencies. A comparative statement of existingutilities and proposed provision should be prepared and included in the estimates.

(iii) There should not be any upgradation/augmentation of facilities except where thecorresponding technologies/ codal provisions are obsolete. In case,upgradtion/augmentation insisted upon by utility owning agencies, then the difference inthe cost of such upgradation/augmentation shall be borne by the utility owning agencies.

(iv) Reference/code no. of SORitems shall invariably be given in the estimates and nocentages/contingency and shall be allowed on percentage basis unless the same areprovisioned in the applicable SORhaving reference/code no.

(v) Market rate of non-scheduled items shall be supported with variable documentaryevidence verified by concerned Executing Agency.(vi) Credit of dismantled material shall be given on realistic basis with detailedcalculation/quantities and rates instead of lumpsum/percentage basis.

2.2 In view of the fact that the credit of dismantled material is already accounted forin the cost estimates, the dismantled material/scrap of existing utility to beshifted/dismantled shall belong to the contractor/concessionaire who would be free todispose of the dismantled material as deemed fit.

2.3 The following provisions of EPCcontract agreement shall be amended as under:

S.No. Mode ClauseNo.

1. EPC

Existing Clause Amended Clause

9.2 Shifting of Shifting of Obstructing UtilitiesObstructing Utilities The contractor shall, subject to

Applicable Laws and withassistance of the Authority,undertake shifting of any utility(including electric lines, waterpipes and telephone cables), toan appropriate location oralignment, if such utility orobstruction adversely affectedthe execution of works ormaintenance of the projectHighway in accordance with thisAgreement, as per the scopegiven in Schedule B and inaccordance with applicablestandards and specifications ofconcerned utility owning entity.The cost of shifting of suchutilities indicated in Schedule Bis payable to the Contractor asper Schedule H. Cost of shiftingutilities not included in theSchedule B, if any, shall betreated as Change of Scope. TheAuthority will provide assistanceto the Contractor for obtaining

The Contractorshall, in accordancewith ApplicableLaws and with theassistance of theAuthority,undertake the workof shifting of anyutility (includingelectric lines, waterpipes, gas pipelinesand telephonecables) to anappropriate locationor alignment, ifsuch utility orobstructionadversely affectsthe execution ofVVorks orMaintenance of theProject Highway inaccordance withthis Agreement. Thecost of such

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the estimates for shifting ofsuch utilities from the entityowning such electric lines,water pipes or telephonecables, as the case may be. TheContractor shall execute suchutility shifting works under thesupervision of utility owningagency and Authority Engineer(AE) in accordance with theprovision of agreement. Thesupervision charges only shall bepaid by the Authority to theUtility Owning Entity. In theevent of any delay in shiftingthereof, the Contractor shall beresponsible for failure toperform any of its obligationshere under if such failure is notas a direct consequence ofdelay on the part of the entityowning such electric lines,water pipes or telephonecables, as the case may be.

The dismantled material/scrapof existing Utility to be shifteddismantled shall belong to theContractor who would be freeto dispose-off the dismantledmaterials as deemed fit bythem.

The work of shifting of utilitiescan be taken up by theContractor any time aftersigning of the Agreement.

shifting, as perestimate preparedby the entityowning the utilityand approved by theauthority shall bereimbursed by theauthority to thecontractor. Thescope of work suchshifting of utilityshall be indicated inSchedule B-1. In theevent of any delayin such shifting onthe part of thecontractor, noextension of timefor completion ofthe project and noclaims in anymanner shall beadmissible on thisaccount against theauthority.

The work of shiftingof utilities can betaken up by thecontractor any timeafter signing of theagreement.

2.4 The following provision of HAMconcession agreement shall be amended as under:

S.No. Mode Clause Existing Clause Amended ClauseNo.

1 HAM 11.2 11.2.1 The 11.2.1 The Concessionaire shall,Concessionaire shall subject to Applicable Laws andsubject to with assistance of the Authority,applicable laws and undertake shifting of any utilitywith assistance of (including electric lines, waterthe authority, pipes and telephone cables), toundertake shifting an appropriate location orof any utility alignment, if such utility orincluding electric obstruction adversely affectslines, water pipe the execution of works orand telephone maintenance of the Protects

------ -- ------ --

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cables to anappropriate locationor alignment withinor outside the Siteif and only if suchutility causes orshall cause amaterial adverseeffect on theconstruction,operation ormaintenance of theproject. The cost ofsuch shifting shallbe borne by theAuthority or by theentity owning suchutility, if theAuthority so directs,and in the event ofany delay in shiftingthereof, theConcessionaire shallbe excused forfailure to performany of itsobligationshereunder if suchfailure is a directconsequence ofdelay on the part ofthe entity owningsuch electric lines,water pipes ortelephone cables, asthe case may be

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Highway in accordance with thisAgreement, as per the scopegiven in Schedule B and inaccordance with applicablestandards and specifications ofconcerned utility owing entity.The cost of shifting of suchutilities indicated in Schedule Bis payable to the Concessionaireas part of Bid Project Cost. Costof shifting utilities not includedin the Schedule B, if any, shallbe treated as Change of Scope.The Authority will provideassistance to the Concessionairefor obtaining the estimates forshifting of such utilities fromthe entity owing such electriclines, water pipes or telephonecables, as the case may be. TheConcessionaire shall executesuch utility shifting works underthe supervision of utility owningagency and IndependentEngineer (IE) in accordance withthe provision of Agreement. Thesupervision charges only shall bepaid by the Authority to theUtility Owning Entity. In theevent of any delay in shiftingthereof, the Concessionaireshall be responsible for failureto perform any of its obligationshereunder if such failure is notas a direct consequence ofdelay on the part of the entityowning such electric lines,water pipes or telephonecables, as the case may be.

The dismantled materials/scrapof existing Utility to be shifted/dismantled shall belong to theConcessionaire who would befree to dispose-off thedismantled materials as deemedfit by them.

The work of shifting of utilitiescan be taken up by theConcessionaire any time aftersigning of the Agreement.

11.2.2 In case Appointed Date isnot achieved and theConcession Agreement is

terminated prior toachievement of Appointed Date,the Concessionaire shall bereimbursed the cost of utilityshifting carried out duringDevelopment Period by theAuthority after due certificationby the AuthorizedRepresentative of the Authority.For the purpose of suchreimbursement, the rates in theapproved estimates by theconcerned utility departmentshall be pad as per actual workcarried out at site. For theavoidance of doubt, theConcessionaire would bereimbursed the cost of utilityshifting only in case oftermination prior to AppointedDate and only if it carries outthe utility shifting as envisagedin Clause 11.2.1

2.5 The details of existing utilities shall be added in Annexure-I of the Schedule A asgiven in Sheet-I for both EPCcontract agreement & HAMconcession agreement.

2.6 Scope of work of proposed utilities shall be added in Annexure-I to Schedule B1 asper utility shifting plans and drawing incorporating the details, such as the length andcategory of the lines, types of circuits, type and number of poles, size and type of theconductor/cable, the number and type of crossings and the capacity and the number oftransformer etc. Annexure-I to Schedule-B1 shall be as given in Sheet-II for both EPCcontract agreement & HAMconcession agreement.

2.7 For EPCcontracts, proportion of contract price corresponding to the utility shiftingwork (excluding the supervision charges) shall be added under clause 1.2 of Schedule-H asgiven in Sheet-III. For EPC contracts, the procedure of estimating the value of utilityshifting work to be done shall be added under Clause1.3 of Schedule-H as given in Sheet­IV.

2.8 For Hybrid Annuity Projects, proportion of contract price (excluding the supervisioncharges) for different stages of utility shifting works shall be added under Clause 1.2 ofAnnexure-I of Schedule-G enclosed as given in Sheet-V.

2.9 Following shall be added in Schedule D of for both EPCcontract agreement & HAMconcession agreement: -

"As regards, the work of utility shifting, the relevant specification, relevant rules,regulations and acts of Utility Owning Department! Agencies shall be applicable."

2.10 The clauses 19.1 (ii) of EPCcontract agreement shall be added as under:

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"The Contract Price also includes the cost of shifting of obstructing Utilities(including all centages as applicable by the utility owning department except supervisioncharges) as given in clause 9.2 and Schedule B."

3. This issuewith the approval of competent Authority.

End: as above

Jagat N ra nSuperintending Engineer (S8:R)(R)

For Director General (Road Development) 8: S5

Copy to:1. All CEsin the Ministry of RoadTransport 8: Highways2. The Secretary General, Indian RoadsCongress3. Technical circular file of S8:R(R) Section4. NIC-for uploading on Ministry's website under "What's new"

Copy for kind information to:1. Sr. PPSto Secretary (RT8:H)2. PPSto DG (RD) 8: SS3. PSto all ADGs4. PSto all JSs

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Sheet-I (Annexure-I to Schedule-A)

(i) Electrical utilities

The site includes the following electrical utilities: -

(a) Extra High-Tension Lines (EHT Lines) *

S. Chainage Length(in Km) CrossingsNo From To 400KY 220KY 110KY 66KY 400KY 220KY 110KY 66KY

(b) High Tension/Low Tension Lines (HT/LT Lines) *

S. Chainage Length(in Km) Crossings TransformersNo From To 33KY 11KY LT 33KY 11KY LT No Capacity

(ii) Public Health utilities (Water/Sewage Pipe Lines) *The site includes the following Public Health utilities: -

S. Chainage Length(in Km) CrossingsNo From To Water Su otv line Sewage line Water SUDPlyline Sewage line

With With With With With With With WithPumping Gravity Pumping Gravity Pumping Gravity Pumping Gravity

flow flow flow flow

(iii) Any Other Line

(* This is illustrative and may change as per features of existing utilities.)

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Sheet-II (Annexure-I to Schedule-B 1)

Uti lity Shifting.

Shifting of obstructing existing utilities indicated in Schedule A to an appropriatelocation in accordance with the standards and specifications of concerned UtilityOwning Department is part of the scope of work of theContractor/Concessionaire*. The bidders may visit the site and assessthe quantumof shifting of utilities for the projects before submission of their bid. Copy ofutility relocation plan is enclosed. The specifications of concerned Utility OwningDepartment shall be applicable and followed.

Notes:

(a) The type/ spacing/ size/ specifications of poles/ towers/ lines/ cables to beused in shifting work shall be as per the guidelines of utility owning departmentand it is to be agreed solely between the Contractor / Concessionaire* and theutility owning department. No change of scope shall be admissible and no costshall be paid for using different type/ spacing/ size/ specifications in shifted workin comparison to those in the existing work or for making any overhead crossings tounderground as per requirement of utility owning department and/or constructionof project highway. The Contractor/Concessionaire* shall carry out joint inspectionwith utility owning department and get the estimates from the utility owningdepartment. The assistance of the Authority is limited to giving forwarding letteron the proposal of Contractor/Concessionaire* to utility owning departmentwhenever asked by the Contractor/Concessionaire*. The decision/ approval ofutility owning department shall be binding on the Contractor/Concessionaire*.

(b) The supervision charges at the rates/ charges applicable of the utility owningdepartment shall be paid directly by the Authority to the Utility Owningdepartment as and when Contractor/Concessionaire* furnishes demand of UtilityOwning Department along with a copy of estimated cost given by the later.

(c) The dismantled material/scrap of existing Utility to be shifted/ dismantledshall belong to the Contractor/ Concessionaire* who would be free to dispose-offthe dismantled material as deemed fit by them unless theContractor /Concessionaire* is required to deposit the dismantled material toutility owning department as per the norm and practice and in that case theamount of credit for dismantled material may be availed by theContractor/Concessionaire* as per estimate agreed between them.

(d) The utilities shall be handed over after shifting work is completed to UtilityOwning Department to their entire satisfaction. The maintenance liability shallrest with the Utility Owning Department after handing over process is complete asfar as utility shifting works are concerned.

Note -II Copy of utility shifting plans enclosed as Annexure-II to Schedule B1.

*Strike out which is not applicable

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Sheet-III (In EPC,to be added in Clause1.2 of ScheduleH)

Item Weightage in Stage for payment Percentagepercentage to the weightageUtility ShiftingPrice

Electrical utilities [****] (i) EHTline [***]and public Health (ii) EHTcrossings [***]Utilities (Water (iii) HTI LT line [***]pipe lines and (iv) HTI LT [***]sewage lines) crossings [***]

(v) Water pipeline [***](vi) Water pipelinecrossings [***](vii) Sewage lines [***](viii) Sewage linecrossings

* This is illustrative and may require modification as per scope of work.

Stage of Payment Weightage

Sheet-IV (In EPC, to be added in clause 1.3 of Schedule 'H')

Payment procedure(i) EHTline [**]

[**](ii) EHTcrossings

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Unit of measurement is asper completed activities.Cost per activity shall bedetermined on pro-ratebasis as per its weightagewith reference to total costof EHT line. Payment shallbe made for completedactivity. (The averageweightage of majoractivities (only for paymentpurpose) in shifting work is(i) Erection of Poles-20%,(ii) Conductor stringingincluding laying of cable-30%, (iii) OTR erection (ifinvolved)-15% and (iv)Charging of line includingdismantling and siteclearance-35% (with OTR)and 50%without OTR)Cost of each crossing shallbe determined on pro-ratabasis with reference tototal no. of crossings.Payment shall be made fornot less than 25% of the

(iii) HTI LT line [**](including transformers ifany)

(iv) HTI LT crossings [**]

(v) Water pipeline [**]

(vi) water pipeline [**]crossings

crossings subject to aminimum of 4 crossings.Unit of measurement is asper completed activities.Cost per activity shall bedetermined on pro-ratabasis as per its weightagewith reference to total costof LTI HT line. Paymentshall be made forcompleted activity. (Theaverage weightage of majoractivities (only for paymentpurpose) in shifting work is(i) Erection of Poles-20%(ii)Conductor stringingincluding laying of cable-30%, (iii) OTR erection (ifinvolved)-10% and (iv)Charging of line includingdismantling and siteclearance-40% (with OTR)and 50%without OTR)Cost of each crossing shallbe determined on pro-ratabasis with reference tototal no. of crossings.Payment shall be made fornot less than 25% of thecrossings subject to aminimum of 10 crossings.Unit of measurement is asper completed activities.Cost per activity shall bedetermined on pro-ratabasis as per its weightagewith reference to total costof pipe line. Payment shallbe made for completedactivity. (The averageweightage of majoractivities (only for paymentpurpose) in shifting work islaying of pipe-50%,Charging of line includingall miscellaneous works anddismantling and siteclearance- 50%)Cost of each crossing shallbe determined on pro-rata

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crossings[**]

basis with reference tototal no. of crossings.Payment shall be made fornot less than 25% of thecrossings subject to aminimum of 8 crossings.

(vii) Sewage lines [**]

(viii) Sewage line

Unit of measurement is asper completed activities.Cost per activity shall bedetermined on pro-ratabasis as per its weightagewith reference to total costof pipe line. Payment shallbe made for completedactivity. (The averageweightage of majoractivities (only for paymentpurpose) in shifting work islaying of pipe-50%,Charging of line includingall miscellaneous works anddismantling and siteclearance- 50%)Cost of each crossing shallbe determined on pro-ratabasis with reference tototal no. of crossings.Payment shall be made forcompleted activity. (Theaverage weightage of majoractivities in shifting work islaying pipe-50%, Chargingof line including allmiscellaneous works anddismantling and siteclearance- 50%)

* This is illustrative and may require modification as per scope of work.

Sheet-V (in HAM, to be added under clause 1.2 of Annexure1 to Schedule-G)

Item Stage for Unit Quantity Weightage inmeasurement percentage toof physical the Contractprogress Price

Electrical and EHT Line Kmpublic health EHT crossing" Numberutilities HT/LT lines Km

(includingTransformers if

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II I

..any)HT/LT crossings NumberWater Pipelines KmWater Pipelines NumbercrossingSewage line KmSewage line Numbercrossing

*This is illustrative and may require modification as per scope of workI

I!i

Ii