GOVERNMENT OF KERALA
Abstract
Public working department- Memorandum of understanding between public working department /Kerala road fund Board and Kerala water Authority / Kerala State Urban Development Project etc. for digging and restoration of roads-orders issued.
PUBLIC WORKS (H) DEPARTMENT
G.O (Rt) No.684/09/PWD Dated, Thiruvananthapuram, 27/5/2009
Read:
1. Lr.15/CE(R&B)RSW/2008 dated 31.12.2008 from the Chief Engineer, Roads & Bridges, Thiruvananthapuram
2. Note No.KSUDP/PMU/LSGD/PWD dated 5.2.2009 from the project Director, KSUDP
3. Lr.NO.TCRIP/1014/PE/08 dated 3.3.2009 from the Chief Engineer, KRFB
ORDER
Various utility organizations like the Kerala water Authority, Kerala state Urban Development project, Kerala state electricity board, Bharat sanchar Nigam Ltd. Etc often request permission from Public Works department to cut open the roads for laying their water pipes, cables etc. Though the organizations remit the charges for restoration of the roads in advance to the PWD, most of the time the restoration works are not promptly carried out.
2. In many cases, apart from the obstruction caused to traffic during the execution of work for laying the utilities, the dug locations remain as chronic trouble spots long after the works are completed. The digging agencies generally neglect to compact the loose earth while it is filled back into the trenches and as a result earth is left surplus in the form of mounds over the dug spots. This also causes various kinds of hindrances to traffic.
3. With a view to mitigate such hardships to the road users, Govt. have decided that henceforth the organizations which request permission for cutting the roads themselves shall restore the road to its original condition within a stipulated time under supervision of PWD. A memorandum of Understanding in the format appended shall be got executed by all the organizations before digging the roads and the terms and conditions mentioned there in shall strictly be adhered to by all concerned.
By Order of the Governor.
Tom jose
Prl. Secretary to Govt.
MoU TO BE EXECUTED BETWEEN THE PWD/KRFB AND THE KERALA WATER AUTHORITY / KSUDP FOR …………………..WORKS ON PWD/KRFB ROADS
MoU executed on this …………………day of ……………………….two thousand ……………. BETWEEN ……………………. Hereinafter called the requisitioning Authority on one part and the Executive Engineer, Public Works Department/ Project Engineer, KRFB hereinafter called “the PWD /KRFB” on the other part.
Whereas the Requisitioning Authority wants the work……………………………….to be carried out on the “…………………………..” road under the PWD/KRFB which involves the excavation of either or whole or part of the length of the said road, to the width and depth mentioned in the schedule attached to this agreement, and the requisitioning Authority has requested the PWD/KRFB to accord sanction to carry out the work in accordance with the time table given in the schedule to this agreement.
AND WHEREAS the PWD /KRFB has issued formal sanction to the Requisitioning Authority to commence the work vide proceedings attached to this agreement.
It is mutually agreed as follows:
The Public works Department/ KRFB agrees to handover the roads under its jurisdiction to the requisitioning Authority for carrying out the works mentioned in the schedule and the latter agrees to return the road after the works restored to its original condition as per the terms and conditions mentioned below:
Terms and conditions
(1) The requisitioning Authority will identify the roads to be taken up for the works and make a format request to the respective Exe.engineer, PWD/Project Engineer, KRFB along with the schedule of implementation of their works and restoration works of the road at least two months in advance of the works.
(2) Such requisition should be accompanied by proper alignment maps drawn to scale, section of the trenches to be cut, length of cuttings and crossings, masonry structures such as manholes, culverts, bridges, etc. clearly marked therein.
(3) Detailed schedule specifying the date of commencement and date of completion of trenching, laying pipe lines or cables as the case may be, testing, back filling including dated of completion of each stage of the rectification of road works will be forwarded to P.W.D /KRFB by the Requisitioning Authority
(4) Based on the list and the schedule, the Executive Engineer, PWD/ Project Engineer, KRFB will issue the required permission for the use of the roads for the said works or refuse permission indicating the reason thereof within 15 days of receipt of formal request.
(5) The estimate for rectification or road will be prepared by the implementing agency with provisions required for restoring the road to its original position as per IRC/MONTH specification and site condition and will be forwarded to Executive Engineer/ Project Engineer for approval.
(6) All works and restoration works on the road including compacting and black topping should be completed within 15days from the date of sanction. Beyond 15days, a fine of Rs.1 lakh will be imposed for each day of delay. If the requisitioning Authority fails to remit the penalty amount further trenching will be stopped by PWD/ KRFB. IF the PWD/KRFB feels that the work is not progressing according to schedule, the Exe. Engineer, PWD/ Project Engineer, KRFB may call a meeting with the requisitioning Authority for reviewing/ monitoring the progress of work.
(7) Pipes and other construction materials shall be stacked at site only in consultation with the Executive Engineer concerned and will not be stacked more than 5 days before commencement of the work. The excess cut soil, boulders, rubbles, balance pipes/cables should be removed from the site at the cost of the requisitioning Authority immediately after back filling is completed, at any rate within 48 hours of completion of works.
(8) Works should be carried out causing minimum hindrance to traffic and inconvenience to the public. In cases where traffic is not blocked, trenching ,pipe laying , back filling and rectification are to be done simultaneously.
(9) Pipes should be laid at a minimum depth of 1.2 meters or as prescribed by the Exe.Engineer, PWD or Project Engineer, KRFB whichever is deeper.
(10) The guarantee period for the rectification work will be six months and the Requisitioning Authority will be responsible for rectifying damages on the road surface during the guarantee period. If there is any failure on the part of requisitioning authority, PWD will arrange the work at the cost of the Requisitioning Authority
(11) If any damage occurs to other portions of the road due to laying of pipe or cable work which were not anticipated during the preparation of estimate for restoration of the road, the same shall also be rectified for restoration of the road, the same shall also be rectified by the requisitioning Authority at its cost..
11)a. The trenches taken for laying pipes shall be filled up with sand 15 cm above pipes.
(12) Proper lighting , fencing, caution boards and other precautionary measure as per I.R.C.S.P 552001 –Guidelines on safety in road construction zone’ should be ensured by the requisitioning Authority in order to avoid any kind of accidents and the requisitioning Agency will be solely responsible for any accident or damage caused during the execution of the works or during the guarantee period. The requisitioning Authority shall be liable to pay a penalty of Rs.5000/- per day for not providing adequate safety measures on receipt of notice from the Executive Engineer PWD/Project Engineer, KRFB.
(13) If any damage is caused to the utility services of other agencies during works, the complete cost for rectifying the damages are to be borne by the requisitioning Authority.
(14) The requisitioning Agency should re-lay / shift them utilities such as pipes, cables etc. as and when requested by PWD/KRFB for road widening and for other purposes at their own cost without claiming any charges PWD/KRFB and within the stipulated time.
(15) If any retrenching is to be done for rectification of joints/ leakages etc. restoration of road to its original condition should be arranged on the same day itself.