RFP_01_Narmada.pdf for understanding and viewing it for ongoing projects
1.
National Highways Authorityof India
(Ministry of Road Transport & Highways)
Providing services for review, examination, measures
/methodology, repair/ remedial measures & implementation
thereof including implementation/ execution of Short term /
Long term measures suggested by an Expert Committee
(already constituted by NHAI), structural health monitoring
etc. for an old rehabilitated Narmada Bridge constructed in
year 1977 across Narmada river at Km. 193.000 -194.400 at
Bharuch in between section from Km 192.00 to 198.00 on
Vadodara- Surat section of NH-8 in the state of Gujarat.
RFP Document (PART-A)
Project Director, PIU-Surat (Expressway),
National Highways Authority of India
Shri Laxmi Bunglow No. 3-4, Behind Big Bazaar, Near S.D. Jain
School, Piplod-Vesu Road, Surat-395007.
Phone: 0261-2254167, 2221223/24, Fax: 0261-2254168.
Email: nhaisurat@gmail.com, piusurat@nhai.org.
2.
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Section
Table of Contents
Particulars Page No.
I INVITATION OF RFP 2-4
II INSTRUCTIONS TO BIDDERS 5-7
III E- TENDERING INSTRUCTIONS 8-12
IV SPECIAL CONDITIONS OF THE CONTRACT & CONTRACT DATA 13-37
V FORMATS TO BE USED FOR SUBMISSION OF PROPOSAL, NHAI’S
FORMATS FOR LETTER OF AWARD/ ACCEPTANCE (LOA), FORMAT
FOR SUBMISSION OF BANK GUARANTEE
38-44
VI ANNEXURES- A,B,C,D & E and Appendix –I & II and Table-1 of
Annexure- B
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National Highways Authority of India
(Ministry of Road Transport and Highways)
Notice for Invitation of RFP e-Tender mode
(National Competitive Bidding through e-Tendering mode only)
The National Highways Authority of India (NHAI) invites sealed RFPs from experienced
firms for the works/ assignments detailed in the table as mentioned below excluding those
firms/organizations who have been declared as non-performing by NHAI or those are
blacklisted/debarred for specified by NHAI:
Sl.
No.
Description of Work NH.
No.
Contract
Period
1. Providing services for review, examination, measures
/methodology, repair/ remedial measures & implementation
thereof including implementation/ execution of Short term /
Long term measures suggested by an Expert Committee
(already constituted by NHAI) , structural health monitoring
etc. for an old rehabilitated Narmada Bridge constructed in
year 1977 across Narmada river at Km. 193.000 -194.400 at
Bharuch in between section from Km 192.00 to 198.00 on
Vadodara- Surat section of NH-8 in the state of Gujarat
8 12 months
1. Cost of RFP Documents (Non-Refundable) : Rs. 5,250/-
2. E-tendering Processing Fee (Non-Refundable) : Rs. 405/-
3. The currency of the contract shall be only in Indian currency.
4. NHAI proposes to select one suitable firm for the Execution/ Implementation of the
above mentioned work
5. The detailed RFP would be available on https://nhai.eproc.in and www.nhai.org. firms
may download the Request for Proposal document (the “RFP” document) from NHAI E-
tendering portal w.e.f. 30/01/2015 to 19/02/2015 up to 17:00 hrs. For participating in the
bidding through E-tendering mode, pleases refer the “Instructions to Applicants” attached
in the RFP document and procedure under e-tendering. The amendment/clarifications to
the Bid Documents if any will be hosted on the above website only.
6. To participate in the submission of the Application against the RFP, it is mandatory for
the bidders to register their firm/Consortium with e-tendering portal https://nhai.eproc.in
to have user ID and password which has to be obtained by submitting an annual
registration charges of INR 2,247/-(inclusive of all taxes to M/s C1 India Pvt. Ltd.)
through e-payment gateway only. Validity of online registration is 1 year. Henceforth
there will be no need of physical submission of Demand Draft for the same.
7. The due date of online submission of Bid is 20/02/2015 up to 12:00 hrs. Last date for
physical submission of bids is 20/02/2015 up to 15:00 hrs. The Bid shall be accepted
through E-tendering mode only. Procedure under e-tendering is available with NHAI
official website and e-tendering portal.
5.
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8. Technical bids would be opened on 20/02/2015 at 15:30 hrs and Financial bids of
technically qualified bidders shall be opened on any subsequent working day as deemed
fit by Employer. Representatives of the bidders shall be allowed to attend the opening of
the bids only if they produce letter of authority on the letter head of the bidder, at the time
of opening of bids as mentioned above.
9. As per NHAI-HQ, Policy Matters Technical (98/2012) dated 24.04.2012, “The
authorized signatory holding Power of Attorney shall only be the Digital signatory,
in case authorized signatory holding Power of Attorney and Digital signatory are
not the same, the bid shall be considered non-responsive.”
10. NHAI reserves the right to accept/reject any of all the bids without assigning the reason
thereof.
For further clarification, office of the undersigned may be contacted.
Shri C.K.Sinha
The Project Director,
Project Implementation Unit-Surat
National Highways Authority of India,
Shri Laxmi Bunglow No.4,
B/H. Big Bazar, Nr. S.D. Jain School,
Vesu - Piplod Road, Surat-395007
Tel.No: 0261-2254167/0261-221223
Email : piusurat@nhai.org,
nhaisurat@gmail.com
6.
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(SECTION- II)
INSTRUCTION TO BIDDERS (ITB)
7.
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National Highways Authority of India
(Ministry of Road Transport and Highways)
Instructions to Bidders (ITB)
The National Highways Authority of India (NHAI) invites sealed RFPs from experienced
firms for the works detailed in the table as mentioned below excluding those
firms/organizations who have been declared as non-performing by NHAI or those are
blacklisted/debarred for specified by NHAI:
Sl.
No.
Section NH.
No.
Contract
Period
1. Providing services for review, examination, measures
/methodology, repair/ remedial measures & implementation
thereof including implementation/ execution of Short term /
Long term measures suggested by an Expert Committee
(already constituted by NHAI) , structural health monitoring
etc. for an old rehabilitated Narmada Bridge constructed in
year 1977 across Narmada river at Km. 193.000 -194.400 at
Bharuch in between section from Km 192.00 to 198.00 on
Vadodara- Surat section of NH-8 in the state of Gujarat
8 12 months
2.
2.1 Annexure A: Brief Note Regarding site details, background, repair & retrofitting work
done, distressed noticed etc. This information is just for reference purpose of bidders,
however, it is Bidder’s responsibility to submit their respective Bids / RFP documents
after visiting the Project site and ascertaining for themselves the site conditions, traffic,
locations, surroundings, climate and regulations, and any other matter considered
relevant by them.
2.2 Annexure B: Terms of Reference and Scope of Work for undertaking the subject work.
2.3 Annexure C: Procedure that will be followed by NHAI for evaluating the proposals
leading to award of work.
2.4 Annexure D: Preparation and submission of bids.
2.5 Annexure E: Typical Drawing and Key Map
3. NHAI proposes to select one suitable firm/ agency for the stipulated scope of work and
services.
4. In order to get a complete idea of the requirements of the work and site constraints in
carrying out the repair and retrofitting works the bidders/firms are also advised to
depute their expert / suitable representative to visit the site at their own cost as per
their convenient.
5. Bidder’s expert/ representative’s program for the aforesaid Site visit may please be
intimated to the following officers of NHAI:
(i) Name : C.K. Sinha
8.
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Address : GM (Tech) & PD, PIU- Surat (Expressway), National
Highways Authority of India, Shri Laxmi Bunglow no. 3 &4,
Behind Big Bazar, Near S.D. Jain School, Vesu- Piplod Road,
Surat- 395007 Phone : Tel:011-
25074100/4200 Ext 1553
Email : piusurat@nhai.org, nhaisurat@gmail.com
6. The date, time and place for submission of bids/ RFP to be submitted are as follows:
(i) Date : 20/02/2015 (for online submission of Bid & physical submission
of bid)
(ii) Time : up to 12:00 hrs (for online submission of Bid) and up to 15:00
hrs (for physical submission of bid)
(iii) Place : PIU-Surat (Expressway), NHAI, Surat
11. For any clarification, the office of the undersigned may be contacted.
Name : C.K. Sinha
Address : GM (Tech) & PD, PIU- Surat (Expressway), National Highways
Authority of India, Shri Laxmi Bunglow no. 3 &4, Behind Big Bazar,
Near S.D. Jain School, Vesu- Piplod Road, Surat- 395007
Phone : Tel: (0261) 2221223/2254167
Email : piusurat@nhai.org, nhaisurat@gmail.com
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E Tendering Instructions
PROCEDURE UNDER E-TENDERING
INSTRUCTION TO APPLICANTS
DEFINITIONS:
a. C1 India Pvt. Ltd.: New Service provider to provide the e-Tendering Software and facilitate the
process of e-tendering on Application Service Provider (ASP) model.
b. NHAI e-Procurement Portal: An e-tendering portal of National Highways Authority of India
(“NHAI”) introduced for the process of e-tendering which can be accessed on
https://nhai.eproc.in.
(Note: RFP stands modified to the extent required as per these instructions)
The National Highways Authority of India (NHAI) invites sealed bids from shortlisted
experienced firms for the work of providing services for review, examination, measures
/methodology, repair/remedial measures & implementation thereof including implementation/
execution of opinion of an Expert Committee (already constituted by NHAI) for short term &
long term repairs as to be suggested, with structural health monitoring etc for old rehabilitated
Bridge across Narmada river at Km. 193.000 -194.400 at Bharuch in between section from Km
192.00 to 198.00 on Vadodara- Surat section of NH-8 in the state of Gujarat.
1. Accessing / Purchasing of RFP documents
i) It is mandatory for all the applicants to have class-III Digital Signature Certificate (in the name of
person who will sign the application) from any of the licensed Certifying Agency (Bidders can see the list
of licensed CA's from the link www.cca.gov.in) to participate in e-tendering of NHAI.
ii) To participate in the E-RFP submission, it is mandatory for the Applicants to get registered their
firm/agency/company with the NHAI e-Tendering Portal (https://nhai.eproc.in) to have a user ID and
Password which has to be obtained by submitting a non-refundable annual registration charges of Rs.
2247/- (Rs. 2000/- plus service tax@ 12.36%) to M/s. C1 India Pvt. Ltd. through online mode only and
has been enable on E-Tender portal https://nhai.eproc.in. The applicant shall pay Registration Charges
and RFP Processing Fee through E-Payment gateway only. Henceforth there will be no need for
physical submission of Demand Draft for the same. Validity of online registration is 1 year.
iii) The complete RFP Documents can be Viewed / downloaded from the NHAI e-tendering portal
free of cost (https://nhai.eproc.in) from 10:00 hrs on 30/01/2015 to 17:00 hrs on 19/02/2015 (both
days inclusive) Following shall be noted that
(a) Registration should be valid at least up to the date of submission of bid.
(b) RFP documents can be submitted only during the validity of their registration.
(c) The amendments / clarifications to the RFP document, if any, will be hosted on the NHAI
website.
(d) If the firm / Consortium is already registered with e-tendering portal of NHAI and validity
of registration is not expired the firm / consortium is not required for fresh registration.
iv) The online payment facility for the submission of registration charges(non refundable) of Rs.
2,247/- (Rupees Two Thousand two hundred Forty Seven Only) and tender processing fee (non
refundable) of Rs. 405/- payable to e-tender service provider, M/s C1 India Pvt. Ltd. has been enabled
on e-tender portal https://nhai.eproc.in. The Bidders are required to pay registration charges and
tender processing fee through e-payment gateway of Canara Bank using Credit Card/Debit
Card/Master Card/Visa Card /Net Banking etc. Demand Draft will not be accepted for payment
of annual registration charges and tender processing fee to M/s C1 India Pvt. Ltd. (the e-tender
service provider)..
11.
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(v) After making the online payment, Vendors have to send an e-mail intimation to C1 India
Helpdesk for their profile activation.
(vi) All profile activations will be done only during NHAI working days.
(vii) No profile activation will take place during NHAI Holidays and Gazetted holidays.
(viii) The tender can be viewed/ downloaded from NHAI e-tendering portal till 17.00 Hrs, one day
prior to the Bid due date.
(ix) To participate in bidding, Applicants have to pay a sum of Rs. 5,250/- (Rs. Five Thousand Two
Hundred Fifty only) as a cost of the RFP process (non-refundable) through online mode only in favour
of “National Highways Authority of India” payable at New Delhi. Rs. 405/- (Four Hundred Five only)
inclusive of all taxes shall be paid to M/s. C1 India Pvt. Ltd. through online mode only. Henceforth
there will be no need for physical submission of Demand Draft for the same.
(xi) The bidders will be allowed to download the bid documents upto 17.00 Hrs, one day prior to
the bid due date. The downloading facility of bids on e-tendering portal will be made available even if
the day prior to the bid due date falls on Saturday/ Sunday/ Holiday. Thus, the detailed tender
documents can be downloaded from e-tender portal of NHAI www.nhai.org from 30/01/2015 to
19/02/2015 upto 17.00 Hrs The bidders will not be able to make payment for the cost of bid document
and tender processing fee after this time / date and will be not be able to participate. Bidder having
Class III Digital Signature Certificate will only be able to participate.
(xii) If the Applicant has already registered with the M/s. C1 India Pvt. Ltd. and validity of
registration has not expired, then such Applicant does not require fresh registration.
Followings may be noted –
a. Applicants can be submitted only during the validity of registration with the NHAI e-tendering
portal being managed by M/s. C1 India Pvt. Ltd. i.e. https://nhai.eproc.in.
b. The amendments / clarifications to the tender, if any, will be posted on the NHAI website
(www.nhai.org) and NHAI e tendering portal (https://nhai.eproc.in)
i. To participate in bidding, bidders have to pay Application Fee (non-refundable) as per the
amount mentioned in the tender document through online mode only and Tender Processing Fee (non-
refundable) through online mode only. Both ‘Application Fee’ and ‘Tender Processing Fee’ are
mentioned in individual tender document as published at NHAI e Tendering portal
(https://nhai.eproc.in)
ii. If the applicant has already registered with M/s. C1 India Pvt. Ltd. for NHAI e tendering portal
usage and validity of registration has not expired, then such applicant does not require fresh
registration.
iii. For helpdesk please contact E-Tendering Cell and Help Desk Support.
2..Preparation & Submission of RFP applications:
(i) Application shall be submitted online following the instructions appearing on the screen. A
buyer manual containing the detailed guidelines for e-tendering system is also available on e-
tender portal of NHAI.
(ii) The following documents shall be prepared and scanned in different files (in PDF or JPEG
format such that file size is not more than 5 MB) and uploaded during the on-line submission
of Bid. These documents shall also be submitted in 'ORIGINAL' to NHAI before the
prescribed date & time for submission of Bids.
12.
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(a) Proof of online Payment of Tender processing fee of Rs.405/- (Rs. Four hundred five
only) inclusive of all taxes in favour of M/s C1 India Pvt Ltd. through e-payment
gateway of Canara Bank using Credit Card/Debit Card/Master Card/Visa Card and Net
Banking (no other mode of payment is acceptable).
(b) Proof of online payment of Cost of tender document of Rs 5,250/- (Rupees Five
Thousand Two Hundred Fifty only) inclusive of all taxes in favour of NHAI through e-
payment gateway of Canara Bank using Credit Card/Debit Card/Master Card/Visa Card
and Net Banking (no other mode of payment is acceptable).
(c) Power of Attorney of the Authorized signatory whose digital signature certificate
has been used for submission of online bids If applicable, the power of Attorney
for Lead Member of Consortium;
(d) An Undertaking from the person having POA referred to in Sub. Cl. (c) above that they
agree and abide by the RFP documents uploaded by NHAI and amendments uploaded if
any
(e) Completed and duly signed on each page of information as to be provided under Appendix
– I of Annexure- B, in accordance with RFP document (Part-A)
(f) Affidavit duly notarized as per the format provided in Section V of RFP document (Part-A)
(g) Duly signed undertaking on letter head of firm/ agency as per the format provided in
Section V of RFP document (Part-A)
(iii)It may be noted that scan copies can be prepared in different file format (PDF, JPEG).
(iv)It may also be noted that bidders can upload a single file of size of 5 MB only but you can
upload multiple files.
(v) The Documents as specified in para 2 (ii) above shall be placed in a sealed envelope. The
envelop should bear the following identifications: "Providing services for review,
examination, measures /methodology, repair/remedial measures & implementation
thereof including implementation/ execution of opinion of an Expert Committee
(already constituted by NHAI) for short term & long term repairs as to be suggested,
with structural health monitoring etc for old rehabilitated Bridge across Narmada river
at Km. Km. 193.00 -194.400 at Bharuch in between section from Km 192.00 to 198.00
on Vadodara- Surat section of NH-8 in the state of Gujarat.
(C. K. Sinha)
General Manager (Tech)
& Project Director
Project Implementation Unit (PIU)
National Highways Authority of India
Shri Laxmi Bunglows, No. 3&4,
Behind Big Bazar,
Near S.D. Jain School,
Piplod- Vesu Road, Surat- 395007
Tel. No. : 0261- 2221223/24, 2254167
Email : piusurat@nhai.org,
nhaisurat@gmail.com
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3.Modification / Substitution/Withdrawal of RFP applications
(i) The applicant may modify, substitute or withdraw its e- RFP application after submission
Prior to the RFP Due Date. No RFP application shall be modified, substituted or
withdrawn by the applicant on or after the RFP Due Date.
(ii) Any alteration/ modification in the RFP application or additional information
supplied subsequent to the RFP Due Date, unless the same has been expressly sought
for by the Authority, shall be disregarded.
(iii) For modification of e-RFP, applicant has to detach its old RFP applicant from e-tendering
portal and upload / resubmit digitally signed modified RFP applicant.
(iv) For withdrawal of RFP application, bidder has to click on withdrawal icon at e-tendering
portal and can withdraw its e-RFP application.
(v) Before withdrawal of a RFP application, it may specifically be noted that after
withdrawal of a RFP application for any reason, bidder cannot re-submit e-RFP
application again.
4. Opening & Evaluation of RFP applications.
(i) Opening and evaluation of bids will be done through online process.
(ii) The Authority shall open online received RFP applications at 12:00 hours on the RFP Due
Date, in the presence of the applicants who choose to attend. The Authority will
subsequently examine and evaluate the RFP applications in accordance with the
provisions set out.
***
14.
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(SECTION- IV)
CONDITIONS OF CONTRACT
AND CONTRACT DATA
15.
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Table of Clauses
A. General
1. Definitions
2. Interpretation
3. Language and Law
4. Engineer/ Authority Engineer's
Decisions
5. Delegation
6. Communications
7. Subcontracting
8. Other Contractors
9. Personnel
10. Employer's and Contractor's Risks
11. Employer's Risks
12. Contractor's Risks
13. Insurance
14. Site Investigation Reports
15. Queries about the Contract Data
16. Contractor to Construct the Works
& do maintenance
17. The Works to Be Completed by the
Intended Completion Date
18. Review by the Engineer/ Authority
Engineer
19. Safety
20. Discoveries
21. Possession of the Site
22. Access to the Site
23. Instructions
24. Deleted
25. Arbitration
26. Deleted
B. Time Control
27. Programme
28. Extension of the Intended
Completion Date
29. Delays Ordered by the Engineer/
Authority Engineer
30. Management Meetings
C. Quality Control
31. Identifying Defects
32. Tests
33. Correction of Defects
34. Uncorrected Defects
D. Cost Control
35. Bill of Quantities
36. Variations
37. Payments for Variations
38. Cash Flow Forecasts
39. Payment Certificates
40. Payments
41. Compensation Events
42. Taxes and currencies for payment
43. Price adjustment
44. Security Deposit/ Retention
Money
45. Liquidated Damages
46. Advance Payment
47. Securities
48. Cost of Repairs
E. Finishing the Contract
49. Completion
50. Taking Over
51. Final Account
52. Operating and Maintenance
Manual
53. Termination
54. Payment upon
Termination
55. Property
56 Release from Performance
F. Other Conditions of Contract
57. Labour
58. Compliance with Labour
Regulations
59. Drawings and Photographs of the
Works
60. The Apprenticeship Act, 1961
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Conditions of Contract
A. General
1. Definitions
1.1 Terms which are defined in the Contract Data are not defined in the Conditions of
Contract but keep their defined meanings. Capital initials are used to identify defined terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
Compensation Events are those defined in Clause 41 hereunder.
The Completion Date is the date of completion of the Works as certified by the Engineer/
Authority Engineer/ NHAI, in accordance with Clause 49.1.
The Contract is the Contract between the Employer/NHAI and the Contractor to review,
examine, execute, complete, and maintain the Works. It consists of the documents listed in
Clause 2.3.
The Contract Data defines the documents and other information, which comprise the Contract.
The Contractor is a person or corporate body who’s Bid to carry out the Works has been
accepted by the Employer/ NHAI.
The Contractor's Bid is the completed bidding document submitted by the Contractor to the
Employer/ NHAI and includes technical and financial bids.
The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects Liability Certificate is the certificate issued by Engineer/ Authority Engineer/ NHAI,
after the Defect Liability Period has ended and upon correction of Defects by the Contractor.
The Defects Liability Period is 12 months calculated from the implementation/ execution of the
subjected work.
Drawings include calculations and other information provided or approved by the Engineer/
Authority Engineer/ NHAI for the execution of the Contract.
17.
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The Employer/ NHAI is the party as defined in the Contract Data, who employs the Contractor
to carry out the Works. The Employer/NHAI may delegate any or all of its functions to a person
or body nominated by him for specified functions.
The Engineer/ Authority Engineer is the person may be named or not in the Contract Data (or
any other competent person appointed by the Employer/ NHAI and notified to the Contractor,
to act in replacement of the Engineer/ Authority Engineer) who is responsible for supervising
the execution of the Works and administering the Contract.
Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct the Works.
The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works /services. The Intended Completion Date is specified in the Contract Data.
The Intended Completion Date may be revised only by the Engineer/ Authority Engineer by
issuing an extension of time after the approval from Employer/ NHAI.
Materials are all supplies, including consumables, used by the Contractor for incorporation in
the Works.
Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.
The Site is the area defined as such in the Contract Data.
Site Investigation Reports are those that were included in the bidding documents and are
factual interpretative reports about the surface and subsurface conditions at the Site.
Specification means the Specification of the Works included in the Contract and any
modification or addition made or approved by the Engineer/ Authority Engineer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall commence
execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.
A Sub-Contractor is a person or corporate body who has a Contract with the Contractor to carry
out a part of the work in the Contract, which includes work on the Site.
Temporary Works are works designed, constructed, installed, and removed by the Contractor
that are needed for construction or installation of the Works.
A Variation is an instruction given by the Engineer/ Authority Engineer after the approval from
NHAI, which varies the Works.
The Works are what the Contract requires the Contractor to provide services for review,
examination, measures/ methodology, repair/ remedial measures & implementation thereof
with structural health monitoring etc for an old rehabilitated Narmada bridge and handover to
the Employer, as defined in the Contract Data.
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2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter, and the other way around. Headings have no significance. Words have their
normal meaning under the language of the Contract unless specifically defined. The Engineer/
Authority Engineer will provide instructions clarifying queries about these Conditions of
Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and Intended Completion
Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of
priority.
(a) Agreement,
(b) Letter of Acceptance
(c) Contractor's Bid,
(d) Contract Data,
(e) Conditions of Contract
(f) Technical Specifications,
(g) Drawings, if any
(h) Implementation Manual and Maintenance Intervention Level
(i) Scope of Work
(j) Bill of Quantities, and
(k) Any other document listed in the Contract Data.
3. Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the
Contract Data.
4. Engineer/ Authority Engineer's Decisions
4.1 Except where otherwise specifically stated, the Engineer/ Authority Engineer will decide
contractual matters between the Employer/ NHAI and the Contractor in the role representing
the Employer.
5. Delegation
5.1 The Engineer/ Authority Engineer, duly informing the Employer, may delegate any of his
duties and responsibilities to other people except to the Adjudicator, after notifying the
Contractor, and may cancel any delegation after notifying the Contractor.
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6. Communications
6.1 Communications between parties that are referred to in the Conditions shall be
effective only when in writing. A notice shall be effective only when it is delivered.
7. Subcontracting
7.1 Deleted
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other Contractors, public
authorities, utilities, and the Employer between the dates given in the Schedule of Other
Contractors, as referred to in the Contract Data. The Contractor shall also provide facilities and
services for them as described in the Schedule. The Employer may modify the Schedule of
Other Contractors, and shall notify the Contractor of any such modification.
8.2 The Contractor should take up the works in convenient reaches as decided by the
Engineer/ Authority Engineer to ensure there is least hindrance to the smooth flow of traffic
including movement of vehicles and equipment of other Contractors till the completion of the
Works.
9. Personnel
9.1 The Contractor shall employ the technical personnel named in the Contract Data or
other technical persons approved by the Engineer/ Authority Engineer. The Engineer/ Authority
Engineer will approve any proposed replacement of technical personnel only if their relevant
qualifications and experience are substantially equal to or better than those of the personnel
stated in the Contract Data. If the personnel stated in the contract data are not deployed on
site by the contractor, it will be treated as a breach of contract and action will be taken as per
clause 53.
9.2 If the Engineer/ Authority Engineer asks the Contractor to remove a person who is a
member of the Contractor's staff or work force, stating the reasons, the Contractor shall ensure
that the person leaves the Site within seven days and has no further connection with the Works
in the Contract.
10. Employer's and Contractor's Risks
10.1 The Employer carries the risks which this Contract states are Employer's risks, and the
Contractor carries the risks which this Contract states are Contractor's risks.
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11. Employer's Risks
11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly
affect the execution of the Works in the Employer’s country, the risks of war, hostilities,
invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped
power, civil war, riot commotion or disorder (unless restricted to the Contractor’s employees),
natural calamities and contamination from any nuclear fuel or nuclear waste or radioactive
toxic explosive, or (b) a cause due solely to the design of the Works, other than the Contractor’s
design.
12. Contractor's Risks
12.1 All risks of loss of or damage to physical property and of personal injury and death,
which arise during and in consequence of the performance of the Contract other than the
excepted risks, referred to in clause 11.1, are the responsibility of the Contractor.
13. Insurance
13.1 The Contractor at his cost shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of defect liability period for events
(a) to (d), in the amounts and deductibles stated in the Contract Data for the following events
which are due to the Contractor's risks:
a) loss of or damage to the Works, Plant and Materials;
b) loss of or damage to Equipment;
c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and
d) Personal injury or death.
13.2 Insurance policies and certificates for insurance shall be delivered by the Contractor to
the Engineer/ Authority Engineer for the Engineer/ Authority Engineer's approval before the
Start Date. All such insurance shall provide for compensation to be payable in Indian Rupees to
rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the
Employer may effect the insurance which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be debt due.
13.4 Alterations to the terms of insurance shall not be made without the approval of the
Engineer/ Authority Engineer.
13.4 Both parties shall comply with any conditions of the insurance policies.
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14. Site Investigation Reports
14.1 The Contractor, in preparing the Bid, may rely on any Site Investigation Reports referred
to in the Contract Data, supplemented by any other information available to him, before
submitting the bid.
15. Queries about the Contract Data
15.1 The PD, PIU-Surat (Expressway) will clarify queries on the Contract Data.
16. Contractor to Construct the Works & do maintenance
16.1 The Contractor shall implement/ execute the scope of work/ service and maintenance
thereof in accordance with the documents forming part of the contract. The Contractor shall
maintain the implemented/ executed scope of work/ service for a period of 5 (five) years
commencing from the date of Completion Certificate (Maintenance Period). For the
performance of its maintenance obligations, the Contractor shall be paid @1% (one percent) of
the Contract Price each year for a period of 5 years of maintenance, inclusive of all taxes.
17. The Works to Be Completed by the Intended Completion Date
17.1 The Contractor may commence execution of the Works on the Start Date and shall carry
out the Works in accordance with the Programme submitted by the Contractor, as updated
with the approval of the Engineer/ Authority Engineer, and complete them by the Intended
Completion Date.
18. Approval by the Engineer/ Authority Engineer
18.1 The Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Engineer/ Authority Engineer, who is to approve them if they comply
with specifications and drawings.
18.2 The Contractor shall be responsible for design of Temporary Works.
18.3 The Engineer/ Authority Engineer's approval shall not alter the Contractor's
responsibility for design of the Temporary Works.
18.4 The Contractor shall obtain approval of third parties to the design of the Temporary
Works, where required.
18.5 All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior review by the Engineer/ Authority Engineer before their
use.
19. Safety
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
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20. Discoveries
20.1 Anything of historical or other interest or of significant value unexpectedly discovered
on the Site shall be the property of the Employer. The Contractor shall notify the Engineer/
Authority Engineer of such discoveries and carry out the Engineer/ Authority Engineer's
instructions for dealing with them.
21. Possession of the Site
21.1 The Employer shall give complete possession of the Site to the Contractor on the date of
signing of agreement.
22. Access to the Site
22.1 The Contractor shall allow access to the Site and to any place where work in connection
with the Contract is being carried out, or is intended to be carried out to the Engineer/
Authority Engineer and any person/persons/agency authorized by:
a. The Engineer/ Authority Engineer
b. The Employer
23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer/ Authority Engineer, which
comply with the applicable laws where the Site is located.
23.2 The Contractor shall permit the Employer to inspect the Contractor's accounts and
records relating to the performance of the Contractor and to have them audited by Auditors
appointed by the Employer if so required by the Employer.
24. Deleted
25. ARBITRATION
The procedure for arbitration will be as follows:
(a) In case of Dispute or difference arising between the Employer and a domestic contractor relating to
any matter arising out of or connected with this agreement, such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall
consist or 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
appointed subsequently, the Presiding Arbitrator shall be appointed by the Council of Indian Road
Congress.
(b) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and (b) above
within 30 days after receipt of the notice of the appointment of its arbitrator by the other party,
then the Council of Indian Road Congress shall appoint the arbitrator. A certified copy of the order
of the Council of Indian Road Congress making such an appointment shall be furnished to each of
the parties.
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(c) Arbitration proceedings shall be held at New Delhi, India and the language of the arbitration
proceedings and that of all documents and communications between the parties shall be English.
(d) The decision of the majority of arbitrators shall be final and binding upon both parties. The cost and
expenses of Arbitration proceedings will be in accordance with the fee structure stated in NHAI
Policy circular no. Admn./Finance (62/2010) dated 13.01.2010 notified by letter No.
11041/217/2007-admn dated 13th January, 2010and the signing of the contract shall be the
acceptance of the above fee structure by both the parties. However, the expenses incurred by each
party in connection with the preparation, presentation, etc. of its proceedings shall be borne by
each party itself.
(e) Performance under the contract shall continue during the arbitration proceedings and payments
due to the contractor by the owners shall not be withheld, unless they are the subject matter of
the arbitration proceedings.
26. Deleted
B. Time Control
27. Programme
27.1 The Engineer/ Authority Engineer shall issue the indent of work in stages specifying the
time limit for the same as and when required. The Contractor shall submit to the Engineer/
Authority Engineer for review a programme within the time stipulated in the Contract Data
showing the general methods, arrangements, order, and timing for all the activities in the
Works, along with monthly cash flow forecasts.
27.2 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of the
remaining Works, including any changes to the sequence of the activities.
27.3 The Contractor shall submit to the Engineer/ Authority Engineer for review an updated
Programme at intervals. If the Contractor does not submit an updated Programme within this
period, the Engineer/ Authority Engineer may withhold the amount stated in the Contract Data
from the next payment certificate and continue to withhold this amount until the next payment
after the date on which the overdue Programme has been submitted.
27.4 The Engineer/ Authority Engineer's review of the Programme shall not alter the
Contractor's obligations. The Contractor may revise the Programme and submit it to the
Engineer/ Authority Engineer again at any time. A revised Programme shall show the effect of
Variations and Compensation Events.
28. Extension of the Intended Completion Date:
28.1 The Engineer shall extend the Intended Completion Date only after the approval of NHAI if
a Compensation Event occurs or a Variation is issued which makes it impossible for Completion
to be achieved by the Intended Completion Date without the Contractor taking steps to
accelerate the remaining Works, which would cause the Contractor to incur additional cost.
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28.2 The Engineer shall decide whether and by how much time to extend the Intended
Completion Date within 21 days of the Contractor asking the Engineer for a decision upon the
effect of a Compensation Event or Variation and submitting full supporting information. If the
Contractor has failed to cooperate in dealing with a delay, the delay by this failure shall not be
considered in assessing the new Indented Completion Date.
29. Delays Ordered by the Engineer/ Authority Engineer
29.1 The Engineer/ Authority Engineer may instruct the Contractor to delay the start or
progress of any activity within the Works. Delay/delays totalling more than 30 days will require
prior written approval of the Employer.
30. Management Meetings
30.1 The Engineer/ Authority Engineer may require the Contractor to attend a management
meeting. The business of a management meeting shall be to review the plans for the Works.
30.2 The Engineer/ Authority Engineer shall record the business of management meetings
and provide copies of the record to those attending the meeting. The responsibility of the
parties for actions to be taken shall be decided by the Engineer/ Authority Engineer either at
the management meeting or after the management meeting and stated in writing to all those
who attended the meeting.
C. Quality Control
31. Identifying Defects
31.1 The Engineer/ Authority Engineer shall check the Contractor's work and notify the
Contractor of any Defects that are found. Such checking shall not affect the Contractor's
responsibilities. The Engineer/ Authority Engineer may instruct the Contractor to search for a
Defect and to uncover and test any work that the Engineer/ Authority Engineer considers may
have a Defect. However, the Agency themselves will be solely responsible all the time for
ensuring the quality, technique, workmanship of proposed assignments, service as well as
execution of work etc.
32. Tests
32.1 The contractor shall be solely responsible for:
a. Carrying out the mandatory tests prescribed in the relevant applicable
guidelines, IRC, MoRTH etc. and as per good industrial practices.
b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.
32.2 If the Engineer/ Authority Engineer instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect and the test shows that it
does, the Contractor shall pay for the test and any samples.
32.3 Subject to further condition in contract data
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33. Correction of Defects noticed during the Defect Liability Period.
33.1 It is the terms of contract that work and service as per scope shall be of very high
standard, requiring no major repairs for at least Twelve (12) months after the date of execution
of works.
33.2 If any defects including shrinkage, cracks, and other faults appear in the work within
twelve months of “Taking over” certificate, the Engineer/ Authority Engineer shall give notice to
the Contractor of any defects before the end of the Defects Liability Period, which begins at
Completion, and is for twelve months thereafter. The Defects Liability shall be extended for as
long as defects remain to be corrected.
33.3 Every time notice of a defect is given, the Contractor shall correct the notified defect at
his own cost within the length of time specified by the Engineer/ Authority Engineer/ Authority
Engineer/ Authority Engineer’s notice. If the contractor is in default the Engineer/ Authority
Engineer shall cause the same to be made good by other workmen and deduct the expenses
from any sums that may be due to the contractor.
34. Uncorrected Defects
34.1 If the Contractor has not corrected a Defect/completed the work, to the satisfaction of
the Engineer/ Authority Engineer, within the time specified in the Engineer/ Authority
Engineer's notice, the Engineer/ Authority Engineer will assess the cost of having the Defect
corrected/completed, and the Contractor will pay this amount.
D. Cost Control
35. Bill of Quantities
35.1 The Bill of Quantities shall contain items for the survey, review, examination, testing,
execution/ implementation of remedial measures by the way of proposed sound methodology,
maintenance work etc. to be done by the Contractor along with unit and quantity of the items.
35.2 Bidders have to give a presentation to a committee on the submitted sound
methodology along with assessment of the condition of the distressed bridge including
capability of the bidders to undertake the work. After presentation, the committee constituted
by NHAI will suggest the methodology to be adopted for repair of the distressed old bridge and
finalize the rationalized BOQ. The quantities as per rationalized BOQ will be used to calculate
the Contract Price as per quoted rates. The Contractor shall be paid for the quantity of the work
done at the rate in the Bill of Quantities for each item for the work executed consistent with
other conditions of contract
35.3 Changes in the Quantities:
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35.3.1 If the final quantity of the work-done differs from the quantity in the Bill of Quantities
for the particular item by more than 25 percent provided the change exceeds 1% of initial
Contract Price, the Engineer shall adjust the rate to allow for the change.
35.3.2 The Engineer shall not adjust rates from changes in quantities without the Prior
approval of the Employer/ NHAI.
35.3.3 If requested by the Engineer, the Contractor shall provide the Engineer with a detailed
cost breakdown of any rate in the Bill of Quantities
36. Variations
36.1 The Engineer shall, having regard to the scope of the Works and the sanctioned
estimated cost, has power to order only after approval from National Highways Authority of
India (NHAI) / as per NHAI guidelines, in writing, Variations within the scope of the Works he
considers necessary or advisable during the progress of the Works. Such Variations shall form
part of the Contract and the Contractor shall carry them out and include them in updated
Programmes produced by the Contractor. Oral orders of the Engineer for Variations, unless
followed by written confirmation, shall not be taken into account.
36.2 Any Items needed as per subsequent suggestion of the Expert Committee other than
mentioned/ quoted items in BOQ may also to be considered for implementation by the
successful bidders, which will be treated as variation to this work as mutually decided will be
considered as variation and the rate for such variation will be derived under the provisions of
clause 37.2 and 37.3 for suggested items under variation.
37. Payments for Variations:
37.1 If rates for Variation items are specified in the Bill of Quantities, the Contractor shall
carry out such work at the same rate. This shall apply for Variations only up to the limit
prescribed in the Clause 35. If the Variation exceeds this limit, the rate shall be derived under
the provisions of clause 37.2 and 37.3 for quantities (higher) exceeding the deviation limit.
37.2 If the rates for Variation are not specified in the Bill of Quantities, the Engineer shall
derive the rate from similar items in the Bill of Quantities.
37.3 If the rate for Variation item cannot be determined in the manner specified in Clause
37.1 or 37.2, the Contractor shall, within 14 days of the issue of order of Variation work, inform
the Engineer the rate which he proposes to claim, supported by analysis of the rates. The
Engineer shall assess the quotation and determine the rate based on prevailing market rates
within one month of the submission of the claim by the Contractor and approval from National
Highways Authority of India (NHAI) will be taken. As far as possible, the rate analysis shall be
based on the standard data book and the current schedule of rates of the district public works
division. The decision of the Employer on the rate so determined shall be final and binding on
the Contractor
38. Cash Flow Forecasts
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38.1 When the Programme is updated, the Contractor shall provide the Engineer/ Authority
Engineer with an updated cash flow forecast.
39. Payment Certificates
39.1 The Contractor shall submit to the Engineer/ Authority Engineer monthly statements of
the value of the work executed less the cumulative amount certified previously supported with
detailed measurement/report/evidence of the items of work / services executed.
39.2 The Engineer/ Authority Engineer shall check the Contractor's monthly statement within
14 days and certify the amount to be paid to the Contractor after taking into account any credit
or debit for the month in question.
39.3 The value of work executed shall be determined, based on measurements/report/
evidence / inspection & site visit etc by the Engineer/ Authority Engineer & NHAI
representatives.
39.4 The value of work executed shall comprise the value of the quantities/ volume of the
items/services / assignments in the Bill of Quantities completed.
39.5 The value of work executed shall also include the valuation of Variations and
Compensation Events.
39.6 The Engineer/ Authority Engineer / Employer may exclude any item certified in a
previous certificate or reduce the proportion of any item previously certified in any certificate in
the light of later information.
39.7 The final bill shall be submitted by the contractor within one month of the actual date of
completion of the work; otherwise the Engineer/ Authority Engineers certificate of the
measurement and of the total amount payable for work accordingly shall be final and payment
made accordingly within a period of sixty days as far as possible.
40. Payments
40.1 Payments shall be adjusted for deductions for advance payments , if applicable, security
deposit, other recoveries in terms of the Contract and taxes at source, as applicable under the
law. The Employer shall pay the Contractor the amounts Engineer/ Authority Engineer had
certified within 28 days of the date of each certificate.
40.2 The Authorized Representative of the Employer shall make the payment certified by the
Engineer/ Authority Engineer.
40.3 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 to be covered by other rates and prices in the
Contract.
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41. Compensation Events
41.1 The following shall be Compensation Events unless they are caused by the Contractor:
a) The Engineer/ Authority Engineer orders a delay or delays exceeding a total of 30 days.
b) The effects on the Contractor of any of the Employer's Risks.
41.2 If a Compensation Event would prevent the Works being completed before the Intended
Completion Date, the Intended Completion Date shall be extended. The Engineer/ Authority
Engineer shall decide whether and by how much the Intended Completion Date shall be
extended after the approval of the employer.
41.3 The contractor shall not be entitled to compensation to the extent that the Employer’s
interests are adversely affected by the Contractor not having given early warning or not having
cooperated with the Engineer/ Authority Engineer/Employer.
42. Taxes & Currencies for payments
42.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and
other levies, duties, royalties, cess, toll, taxes (except service tax) of Central and State
Governments, local bodies and authorities that the Contractor will have to pay for the
performance of this Contract. The Employer will perform such duties in regard to the deduction
of such taxes at source as per applicable law. The service tax shall be reimbursed (if applicable)
subject to production of proof of such payment by the contractor (proof should contain name
of work).
42.2 All payments will be made in Indian Rupees.
43. Price Adjustment
43.1 The rates and prices quoted by the successful bidder shall be fixed for the duration of
the contract and shall not be subject to adjustment.
44. Security Deposit / Retention Money
44.1 The Employer shall retain security deposit of five percent of the amount from each
payment due to the Contractor until Completion of the whole of the Works.
44.2 The security deposit/retention money and the performance security will be released to
the Contractor when the Defect Liability period is over, and the Engineer/ Authority Engineer
has certified that the Defects, if any, notified by the Engineer/ Authority Engineer to the
Contractor before the end of this period have been corrected.
44.3 If the contractor so desires then the Security Deposit/retention money can be released
earlier at an interest @ 6 % p.a on submission of unconditional Bank Guarantee at the following
three stages:-
(a) At a point after the progress of work in financial term (gross value of work done) has
reached 25% of the contract amount
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(b) At a point after the progress of work in financial term (gross value of work done) has
reached 35% of the contract amount
(c) After the retention money has been deducted to the full value (5% of the Contract
Amount).
45. Liquidated Damages
45.1 The Contractor shall pay liquidated damages to the Employer at the rate or part thereof
stated in the Contract Data for each day that the Completion Date is later than the Intended
Completion Date. The total amount of liquidated damages shall not exceed the amount defined
in the Contract Data. The Employer may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages shall not affect the Contractor's other liabilities.
45.2 If the Intended Completion Date is extended after liquidated damages have been paid,
the Engineer/ Authority Engineer shall correct any overpayment of liquidated damages by the
Contractor by adjusting in the next payment certificate. The contractor shall not be paid interest
on the over payment of liquidated damages.
46. Advance Payment -Deleted
47. Securities
47.1 Subject to further condition in contract data, the Performance Security equal to ten
percent of the contract price shall be provided to the Employer no later than the date specified
in the Letter of Acceptance and shall be issued in the form given in the Contract Data and by a
prescribed bank. The Performance Security shall be valid until a date 28 days after the expiry of
Defect Liability Period and the additional performance security for unbalanced bids shall be
valid until a date 28 days from the date of issue of the certificate of completion. The validity
shall account for additional 3 months time to account for BG verification, signing of contract
and start date.
48. Cost of Repairs
48.1 Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defects Liability Period shall be remedied/ rectified by the
Contractor at their cost if the loss or damage arises from the Contractor's acts or omissions.
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E. Finishing the Contract
49. Completion
49.1 The Contractor shall request the Engineer/ Authority Engineer to issue a certificate of
Completion of the Works, and the Engineer/ Authority Engineer will do so upon deciding that
the Works is completed.
50. Taking Over
50.1 The Employer shall take over the Site and the Works within seven days of the Engineer/
Authority Engineer's issuing a certificate of Completion.
51. Final Account
51.1 The Contractor shall supply to the Engineer/ Authority Engineer 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 Engineer/ Authority Engineer shall issue a Defects Liability
Certificate and certify any final payment that is due to the Contractor within 56 days of
receiving the Contractor's account if it is correct and complete. If it is not, the Engineer/
Authority Engineer shall issue within 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 Engineer/ Authority Engineer shall decide on the amount payable to the
Contractor and issue a payment certificate within 56 days of receiving the Contractor’s revised
account.
52. Operating and Maintenance Manual
52.1 If "as built" Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them within 28 days from date of issue of certificate of completion.
52.2 If the Contractor does not supply the Drawings and/or manuals by the stipulated date
or they do not receive the Engineer/ Authority Engineer's review, the Engineer/ Authority
Engineer shall withhold the amount equal to Rs. 5 lakhs from payments due to the Contractor.
53. Termination
53.1 The Employer may terminate the Contract if the Contractor causes a fundamental
breach of the Contract.
53.2 Fundamental breaches of Contract include, but shall not be limited to, the following:
a) the Contractor stops work for 28 days when no stoppage of work is shown on the
current Programme and the stoppage has not been authorized by the Engineer/
Authority Engineer;
b) the Contractor is declared as bankrupt or goes into liquidation other than for approved
reconstitution or amalgamation;
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c) the Engineer/ Authority Engineer/Employer gives Notice that failure to correct a
particular Defect is a fundamental breach of Contract and the Contractor fails to correct
it within a reasonable period of time determined by the Engineer/ Authority Engineer;
d) the Contractor does not maintain a Security, which is required;
e) the Contractor has delayed the completion of the Works by the number of days for
which the maximum amount of liquidated damages can be paid, as defined in clause 45;
f) the Contractor fails to provide insurance cover as required under clause 13;
g) if the Contractor, in the judgement of the Employer, has engaged in the corrupt or
fraudulent practice in competing for or in executing the Contract. For the purpose of
this clause, “corrupt practise” means offering, giving, receiving, or soliciting of any thing
of value to influence the action of a public official in the procurement process or in
Contract execution. “Fraudulent Practice” means a misrepresentation of facts in order
to influence a procurement process or the execution of a contract to the detriment of
the Employer and includes collusive practice among Bidders (prior to or after bid
submission) designed to establish bid process at artificial non-competitive levels and to
deprive the Employer of the benefits of free and open competition.
h) if the Contractor has not completed at least thirty percent of the value of Work required
to be completed after half of the completion period has elapsed;
i) if the Contractor fails to set up a field laboratory with the prescribed equipment, within
the period specified; and
j) any other fundamental breach as specified in the Contract Data.
53.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.
53.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site
safe and secure, and leave the Site as soon as reasonably possible but in no case later than 7
days.
54. Payment upon Termination
54.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer/ Authority Engineer shall issue a certificate for the value of the work
done and Materials ordered less advance payments received up to the date of the issue of the
certificate and less the percentage to apply to the value of the work not completed, as
indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the total
amount due to the Employer exceeds any payment due to the Contractor, the difference shall
be a debt payable to the Employer.
54.2 if the Contract is terminated at the Employer's convenience, the Engineer/ Authority
Engineer shall issue a certificate for the value of the work done, the reasonable cost of removal
of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and
the Contractor's costs of protecting and securing the Works and less advance payments
outstanding on the date of the certificate, less other recoveries due in terms of the Contract,
and less taxes due to be deducted at source as per applicable law.
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55. Property
55.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be
deemed to be the property of the Employer for use for completing balance work if the Contract
is terminated because of the Contractor's default.
56. Release from Performance
56.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of the Employer or the Contractor, the Engineer/ Authority Engineer 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.
F. Other Conditions of Contract
57. Labour
57.1 The Contractor shall, make arrangements of his own cost and expanses for the
engagement of all staff and labour, local or others; for their payment, housing, feeding and
transport; and for compliance with various labour laws/ regulations.
57.2 The Contractor shall, as asked by the Engineer/ Authority Engineer, deliver to the
Engineer/ Authority Engineer a return in detail, in such form and at such intervals as the
Engineer/ Authority Engineer may prescribe, showing the staff and the numbers of the several
classes of labour from time to time employed by the Contractor on the Site and such other
information as the Engineer/ Authority Engineer may require.
58. COMPLIANCE WITH LABOUR REGULATIONS
58.1 During the currency of the Contract, the Contractor and his sub Contractors shall abide
at all times by all existing labour enactments and rules made thereunder, 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 notified already or that may be
notified under any labour law in future either by the State or the Central Government or the
local authority. Salient features of some of the major labour laws that are applicable to
construction industry are given below. The Contractor shall keep the Employer indemnified in
case any action is taken against the Employer by the competent authority on account of
contravention of any of the provisions of any Act or rules made thereunder, regulations or
notifications including amendments. If the Employer is caused to pay or reimburse, such
amounts as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any,
on the part of the Contractor, the Engineer/ Authority Engineer/Employer shall have the right
to deduct any money due to the Contractor including from his performance security/ retention
money. The Employer/Engineer/ Authority Engineer shall also have right to recover from the
Contractor any sum required or estimated to be required for making good the loss or damage
suffered by the Employer. The employees of the Contractor and the Sub-Contractor in no case
shall be treated as the employees of the Employer at any point of time.
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58.2 SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS
ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK.
a) Workmen Compensation Act 1923: - The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.
b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act
on satisfaction of certain conditions on separation if an employee has completed the
prescribed minimum years (say, five years) of service or more or on death the rate of
prescribed minimum days’ (say, 15 days) wages for every completed year of service. The
Act is applicable to all establishments employing the prescribed minimum number (say, 10)
or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for
monthly contributions by the Employer plus workers at the rate prescribed (say, 10% or
8.33%). The benefits payable under the Act are:
i. Pension or family pension on retirement or death as the case may be.
ii. Deposit linked insurance on the death in harness of the worker.
iii. Payment of P.F. accumulation on retirement/death etc.
d) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
Contractor fails to provide, the same are required to be provided, by the Principal
Employer by Law. The principal Employer is required to take Certificate of Registration and
the Contractor is required to take license from the designated Officer. The Act is applicable
to the establishments or Contractor of Principal Employer if they employ prescribed
minimum (say 20) or more contract labour.
f) Minimum Wages Act 1948: - The Employer is to pay not less than the Minimum
Wages fixed by appropriate Government as per provisions of the Act if the employment is
a scheduled employment. Construction of buildings, roads, runways are scheduled
employment.
g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to be
paid, when it will be paid and what deductions can be made from the wages of the
workers.
h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for
work of equal nature to male and female workers and for not making discrimination
against female employees in the matters of transfers, training and promotions etc.
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i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing
prescribed minimum (say, 20) or more workmen. The Act provides for payments of annual
bonus within the prescribed range of percentage of wages to employees drawing up to the
prescribed amount of wages, calculated in the prescribed manner. The Act does not apply
to certain establishments. The newly set-up establishments are exempted for five years in
certain circumstances. States may have different number of employment size.
j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for
resolution of industrial disputes, in what situations a strike or lock-out becomes illegal and
what are the requirements for laying off or retrenching the employees or closing down the
establishment.
k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all
establishments employing prescribed minimum (say, 100, or 50). The Act provides for
laying down rules governing the conditions of employment by the Employer on matters
provided in the Act and get these certified by the designated Authority.
l) Trade Unions Act 1926: - The Act lays down the procedure for registration of trade
unions of workmen and Employers. The Trade Unions registered under the Act have been
given certain immunities from civil and criminal liabilities.
m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits employment
of children below 14 years of age in certain occupations and processes and provides for
regulations of employment of children in all other occupations and processes. Employment
of child labour is prohibited in building and construction industry.
n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of
Service) Act 1979: - The Act is applicable to an establishment which employs prescribed
minimum (say, five) or more inter-state migrant workmen through an intermediary (who
has recruited workmen in one state for employment in the establishment situated in
another state). The Inter-State migrant workmen, in an establishment to which this Act
becomes applicable, are required to be provided certain facilities such as Housing, Medical-
Aid, Travelling expenses from home up to the establishment and back etc.
o) The Building and Other Construction workers (Regulation of Employment and
Conditions of Service) Act 1996 and the Cess Act of 1996: - All the establishments who
carry on any building or other construction work and employs the prescribed minimum
(say, 10) or more workers are covered under this Act. All such establishments are required
to pay cess at the rate not exceeding 2% of the cost of construction as may be modified by
the Government. The Employer of the establishment is required to provide safety
measures at the building or construction work and other welfare measures, such as
canteens, first-aid facilities, ambulance, housing accommodations for workers near the
work place etc. The Employer to whom the Act applies has to obtain a registration
certificate from the Registering Officer appointed by the Government.
p) Factories Act 1948: - The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
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annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing the
prescribed minimum (say, 10) persons or more with aid of power or another
prescribed minimum (say, 20) or more persons without the aid of power engaged in
manufacturing process.
59. Drawings and Photographs of the Works
59.1 The contractor shall do photography/videography of the site firstly before the start of
the work, secondly mid-way in the execution of different stages of work and lastly after the
completion of the work. No separate payment will be made to the contractor for this.
59.2 The Contractor shall not disclose details of Drawings furnished to him and works on
which he is engaged without the prior review of the Engineer/ Authority Engineer in writing. No
photograph of the works or any part thereof or plant employed thereon, except those
permitted under clause 59.1, shall be taken or permitted to be taken by the Contractor or by
any of his employees or any employees of his sub-Contractors without the prior approval of the
Engineer/ Authority Engineer in writing. No photographs/ Videography shall be published or
otherwise circulated without the approval of the Engineer/ Authority Engineer/ Employer in
writing.
60. The Apprenticeship Act 1961
60.1 The Contractor shall duly comply with the provisions of the Apprenticeship Act 1961 (III
of 1961), the rules made thereunder and the orders that may be issued from time to time
under the said Act and the said Rules and on his failure or neglect to do so he shall be subject to
all liabilities and penalties provided by the said Act and said Rules.
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Contract Data
Clause Reference
Items marked “N/A” do not apply in this Contract.
1.1
1. The Employer is [Cl.1.1]
Chairman, NHAI
Address: G-5 & 6, Sector-10, Dwarka, New Delhi
Name of authorized Representative: (Will be intimated later)
2. The Engineer/ Authority Engineer is: (Will be intimated later if required)
Designation:
Address: [Cl.1.1]
3. The Intended Completion Date for the construction works is 12 [Cl.1.1, 17 &28]
Months from start date followed by 5 years maintenance period.
4. The Site is located at Narmada Bridge constructed in year 1977 across River Narmada on
NH-8 near Bharuch, Gujarat - [Cl.1.1]
5. The Start Date shall be next day after the date of issue of [Cl.1.1]
the Letter of award of the work.
6. (a) The name and identification number of the Contract is [Cl.1.1]
Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short
term / Long term measures suggested by an Expert Committee (already constituted by
NHAI) , structural health monitoring etc. for an old rehabilitated Narmada Bridge
constructed in year 1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in
between section from Km 192.00 to 198.00 on Vadodara- Surat section of NH-8 in the
state of Gujarat.
3.1 (a) The law which applies to the Contract is the law of Union of India. [Cl.3.1]
(b) The language of the Contract documents is English [Cl.3.1]
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8.1 Schedule of Other Contractor – NIL [Cl 8.1]
9.1 The Technical Personnel are: (will be intimated later) [Cl.9.1]
13.1. Amount for insurance are: [Cl.13.1]
a) Rupees equivalent to Contract price.
b) Rupees equivalent to 5% of Contract price.
c) Rupees equivalent to 5% of contract price
d) Rupees 20 lakhs for multiple incidents.
And deductible as per premium rate.
14.1 Site Investigation Report – In order to get a complete idea of the requirements of the work and
site constraints in carrying out the repair and retrofitting works you are requested to depute
your expert to visit the site at your own cost
[Cl 14.1]
27.1. (A) The period for submission of the programme for review of Engineer/ Authority Engineer
[Cl.27.1]
.
(B). (a) Identified indented work
(1) Weekly Indent, Monthly Indent, Quarterly Indent and Bi-annual Indent –
3 days before start of week; 7 days before start of month; 15 days before start of
quarter and 28 days before bi-annual period concerned
(2) Emergent Indents – Within 24 hours
32 The period for setting up a field laboratory with the prescribed equipment relevant to items of
work in BOQ is 7 days from the days from the date of start work
40 The contractor shall be paid for maintenance @1% of contract amount per annum for the 5
years maintenance period, inclusive of all taxes, on prorata basis as determined by Engineer
in accordance with good industry practice.
[Cl. 40]
45.1 (a) Amount of liquidated damages for For identified Indented work
delay in completion of works 0.1 percent of the
Indented value, rounded
off to the nearest
thousand, per day with
the minimum of
Rs. 1000/- per day
(b) Maximum limit of liquidated damages for 10 per cent of the Initial
delay in completion of work. Contract Price rounded
off to the nearest
thousand
38.
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[Cl.45.1]
47.1. The standard form of Performance Security acceptable to the Employer
Shall be an unconditional Bank Guarantee of the type as presented in
the Bidding Documents. [Cl. 47.1]
53.2 (j) Other fundamental breach is that the contractor has failed to complete 75% of value of
indented work in any 3 indents issued by the Engineer/ Authority Engineer.
[Cl 53.2 (j)]
54.1. The percentage to apply to the value of work not completed representing the Employer's
additional cost for completing the work shall be 20%. [Cl.54.1]
Page 39 of77
1. Bidders should send original copy of Affidavit: -
(i) Affidavit (it should be on stamp paper attested by Notary Public)
(ii) Undertaking regarding minimum investment of cash towards working capital.
(iii) Undertaking that the Bids shall remain valid for the period specified in clause 9
of Annexure -D
AFFIDAVIT
1. I, the undersigned, do hereby certify that all the statements made in the enclosed
attachments are true and correct.
2. The undersigned also hereby certifies that neither our firm
M/s_________________________________________________ have abandoned any
work on National Highways in India nor any contract awarded to us for such works have
been rescinded, during last five years prior to the date of this bid.
3. The undersigned hereby authorise(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by NHAI
to verify this statement or regarding my (our) competence and general reputation.
4. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the NHAI and
within the prescribed time.
_____________________________________
(Signed by an Authorised Representative of the Firm)
_____________________
Name of the Representative
______________________________
Name of Firm
______________________
DATE
To be notarized by Notary
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UNDERTAKING (On the letter head of the bidder)
I, the undersigned do hereby undertake that our firm M/s
_______________________________ ____________________________ would invest a
minimum cash up to 25% of the value of the work during implementation of the Contract
towards the working capital.
_____________________________________
(Signed by an Authorised Representative of the Firm)
_____________________
Name of the Representative
__________________________
Name of Firm
______________________
DATE
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UNDERTAKING (On the letter head of the bidder)
I, the undersigned do hereby undertake that our firm M/s
______________________________________agree to abide by this bid for a period of
_________ days after the date fixed for receiving the same and it shall be binding on us and
may be accepted at any time before the expiration of that period.
____________________________________
(Signed by an Authorised Representative of the Firm)
_______________
Name of the Representative
__________________
Name of Firm
__________________
DATE
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FORM OF LETTER OF ACCEPTANCE
No. …………………………. Dated ………..
To
M/s………………………….
Sub.: …………………………. Name of Work …………………………………
Sir,
Based on your bid submitted on ………….. in compliance of bidding document of NHAI for
execution of the work of ………………………………………………. , it is hereby notified that your bid for
a contract price of Rs…………… (Rupees in words………) has been accepted for and on behalf of
NHAI
You are hereby requested to furnish Performance Security for an amount
equivalent to Rs…………… (Rupees in words………) within 7 days as per clause 21 of
Annexure E and sign the contract agreement.
Thanking you,
Yours faithfully,
(………………..)
GM (Tech) & PD,
PIU- Surat (Expressway)
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FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY
To
National Highways Authority of India
G5 & 6, Sector – 10
Dwarka
New Delhi – 110075
WHEREAS……………………………… (name and address of contractor) hereinafter called “the
contractor” has undertaken, in pursuance of Letter of Acceptance No. ……………. Dated
……………….. to execute……………………….. (name of Contract and brief description of Works)
(hereinafter called “the contract”).
AND WHEREAS it has been stipulated by you in the said contract that the Contractor shall
furnish you with a Bank Guarantee for the sum specified therein as security for compliance with
his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREOF we hereby affirm that we are the guarantor and responsible to you on behalf of
the Contractor, up to a total of Rs……………… (amount of guarantee)
(Rupees……………………………………. (in words), , and we undertake to pay you, upon your first
written demand and without cavil or argument, any sum or sums within the limits of
……………….. (amount of guarantee) as aforesaid without your needing to prove or to show
grounds or reasons for your demand for the sum specified therein.
This guarantee shall also be operatable at our _________ branch at New Delhi, from whom,
confirmation regarding the issue of this guarantee or extension/renewal thereof shall be made
available on demand. In the contingency of this guarantee being invoked and payment
thereunder claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
contract or of the works to be performed there under or of any of the contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid until 28 days from the date of expiry of the Defects Liability Period.
Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs. ________________ (Rs._________in words) and the guarantee shall remain
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valid till ___________________. Unless a claim or a demand in writing is served upon us on or
before ____________ all our liability under this guarantee shall cease.
Signature and seal of the Guarantor with Name, Designation, Employee Code Number &
Telephone Number………………………………………………………
Name of the Issuing Bank/ Branch ………………………Name of the Controlling Branch/Bank…..
Address & Telephone Number……………………………Address & Telephone Number………….
Date…………………………..
In the presence of (if this is to be witnessed as per bank’s policy)…………………………………
1…………………………………………………………………………………………
(Name, Address & Occupation)
2…………………………………………………………………………………………
(Name, Address & Occupation)
An amount shall be inserted by the Guarantor, representing the percentage of the Contract
Price specified in the Contract including additional security for unbalance bids, if any and
denominated in Indian Rupees.
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ANNEXURE- A
Subject: Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short
term / Long term measures suggested by an Expert Committee (already constituted
by NHAI) , structural health monitoring etc. for an old rehabilitated Narmada Bridge
constructed in year 1977 across Narmada river at Km. 193.000 -194.400 at Bharuch
in between section from Km 192.00 to 198.00 on Vadodara- Surat section of NH-8 in
the state of Gujarat - Request for Proposals
- Brief Note Regarding site details, background, repair & retrofitting
work done, distressed noticed etc.:
1. Description/ Background of Old Narmada Bridge:
(B)Description of Old Sardar Bridge Details
a) Year of Construction 1977
b) Name of River Narmada River
c) Constructed by M/s GAMMON INDIA through PWD,GOG
d) Location on NH-8 near Zadeshwar at Bharuch under Km. 192.000 –
Km. 198.000.
e) Span Arrangement & Total Length 13 spans x 96.16m + 2 spans x 48.08m (Total Length-
1346.24 m)
f) Type of bridge PSC Box Girder balanced Cantilever Bridge with expansion
joints
g) Type of foundation Well Foundation
h) Type of Bearings Central Hinge Type Bearings
i) Carriageway Width 2 lane bridge
j) Bridge Approach length 3.4 Km. long 2-lane approach on Mumbai side and 1.2 Km.
2-lane approach on Ahmedabad side
2. Defects observed in past and repair work done by PWD, GOG prior to Dec.2012:
• Defects observed
Whenever, even a 24R loading vehicle passes through the Old Sardar bridge, severe
deflection up to 60mm -75mm were noticed at the junction of expansion joint.
• Repairing work undertaken in 2005
Removal of MS/CI Plungers and central hinge bearings by providing and fixing new MS/CI
plungers of same type specification along with replacement of expansion joints. From
21.03.2005 to 11.07.2005 traffic was closed for heavy as well as light vehicle.
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• Repairing work undertaken in 2008
The bridge was again closed for traffic (both light and heavy vehicle) for a period of 3-4
months for repairing railing/wearing coat.
• Repairing work undertaken in 2009
Bridge was again closed for heavy vehicles from 12.08.09 as heavy deflections (upto 75 mm)
and inherent structural defects were observed in three spans towards Bharuch Side. The
bridge was not further allowed for heavy vehicles till the completion of Rehabilitation work
carried out in 2013 by NHAI.
• Repairing work undertaken in 2011
The bridge was closed for light vehicles during May-June 2011 for some repair work of
damaged parapet wall, one expansion joint etc.
3. Defects observed and repair work done by NHAI after 21.12.2012
• Defects observed
Existing pre-stressing in the box girders of the bridge had become loose due to movement
of heavy and multi-axle vehicles. Further, bearings and expansion joints were damaged due
to excessive deflection and undue hammering of plunger. The bridge deck started jumping
near the expansion joints and severe deflections were noticed at the cantilever expansion
joints.
• Repairing work undertaken in 2013
NHAI awarded a project on DBFOT (Toll) basis through the concession agreement dated
23.07.2012 to M/s. HCC for up gradation of this 6 km. section with construction of new four
lane bridge over river Narmada (Extra Dosed Bridge) including repair & rehabilitation of
Existing Old Sardar Bridge.
The bridge is repaired/rehabilitated using external pre-stressing technique by providing
additional tensioning cables inside the box girders. (14 spans, 1344 Nos. cables)
Existing 26 nos. of damaged plunger type hinge bearings (CHB) are replaced with same
type of bearings
13 nos. of the new modular (Strip-seal type) expansion joints are provided by replacing
the old damaged finger type expansion joints.
The RCC parapet railing was earlier provided on both sides of the bridge. Now in
addition to existing parapet railing, Metal beam Crash barriers are also erected adjacent
to RCC parapet railing on inner side as additional safety measure.(2750 Rmt.)
The road furniture items such as Cat’s eyes, reflective studs & stickers, lane marking,
road signage have been provided.
The bridge is opened for the use of light vehicle and heavy vehicle (upto 3 axles) w.e.f
18.12.2013 and thereafter opened for the use of heavy vehicle (upto 4 axles) w.e.f
03.01.2014.
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4. Recent Problems / Deterioration observed in rehabilitated old bridge since April 2014
The differential settlement is being observed at expansion joints in the repaired &
rehabilitated Old Sardar Bridge across Narmada River (Constructed in 1977) to the
significant extent since April 2014. It seems that wearing/ depression of bottom & top
plate of female/ casing portion of CHB is resulting into differential deflection at
expansion joint.
It is observed that the differential settlement at hinges/expansion joint get restricted
generally after 50-60 mm of differential settlement, with knocking sound at the hinges.
The spalling of the concrete around the plunger of CHB on LHS between Pier No. 3 & 4
(Expansion joint No. 3-4) and between Pier No. 13 & 14 (Expansion joint No. 13-14) with
crack occurred in concrete at the joint of Old and New concrete was noticed on
13.06.2014 and 25.06.2014 respectively. Similarly, spalling of the concrete around the
plunger of CHB on LHS & RHS between Pier No. 8 & 9 (Expansion joint No. 8-9) with
crack occurred in concrete at the joint of Old and New concrete was noticed on
04.01.2015.
The cracks were observed in the concrete near other CHBs, at some of the locations,
especially at the interface of the new and old concrete.
Tearing/ damage of Strip-seal type expansion joints is also observed almost at all
expansion joints.
5. To suggest remedial measures in the recent problems / deterioration observed in
rehabilitated old bridge, NHAI has constituted an Expert Committee comprising three
experts viz. Shri Ninan Koshi, Rtd. DG (RD) & AS, MORTH; Prof. Mahesh Tandon, M.D.,
M/s Tandon Consultants Pvt. Ltd. And Dr. A.K. Nagpal, Professor, Civil Engineer/
Authority Engineering, IIT Delhi to assist NHAI. This committee has also undertaken the
task for investigation of matter of such defects etc. which is presently in progress.
Following short term repair and remedial measures has been suggested by committee:
(A) Short Term Measures:
(i) Placing of Shim plates: Shim plates should be inserted to avoid the situation of
differential deflection caused by increased gap between plunger and top & bottom
plates of CHBs. The yield strength of the shim plate should be of the order of 700 M
Pa and Brinell Hardness number (BHN) of the order of 300 BHN. The shim plates can
be of cast steel which can be appropriately designed for getting required properties
and steel should be of wieldable quality.
(ii) Implementation of FRP (Fiber Reinforced Polymer) strengthening scheme:
Properly designed FRP system consisting of carbon laminates and wraps on the
external surfaces of concrete should be implemented to rectify the deficiencies
resulting from inadequate reinforcement. In case the concrete disintegrates, before
the FRP strengthening scheme can be implemented, adequate reinforcement with
the required anchorage into the parent concrete should be provided after removal
of the disintegrated material and before the new concrete is placed.
(iii) Repair by epoxy injection grouting: If any cracks are noticed in the material
around the CHB they should be immediately repaired by epoxy injection grouting for
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which reference may be made to Clause 2803 of the Specification for Road and
Bridge Works (Fifth Revision) of the Ministry of Road Transport & Highways. For thin
cracks it is important to use epoxy with low viscosity of say 100 cps.
(iv) Immediate rectification of spalling/ damage of concrete surrounding CHBs:
Rectification of any defects by suitable materials , as noticed for spalling/ damage
appearing in the concrete surrounding the CHBs for which the status of all the CHBs
should be closely monitored by means of frequent and routine inspections to
determine. Immediate action should be initiated to rectify any such defects as soon
as they are noticed.
(v) Replacement of Plungers: If there is a necessity in the future to replace the
plungers, cast steel of as high strength as possible should be used preferably of the
quality mentioned above for shim plates. The material of the plunger should also
have the same specifications as state above for the shim plates. The lugs projecting
from the plunger would be a hindrance during insertion of the shim plates unless
they are provided in two parts, one on each side of the lug.
6. At present some temporary short term remedial measures like insertion of shim plate at
CHB 1-2 ; 2-3; 3-4; 11-12; 12-13 & 13-14 to reduce/ control the differential deflection
and repair of spalled concrete of plunger portion at U/s of CHB 3-4 ; U/s of CHB 13-14
and U/s & D/s of CHB 8-9 by concrete grouting and repair of shear crack between old
and new concrete of plunger portion at D/s of CHB 3-4 & both side (U/s & D/s) of CHB 2-
3 by injection grouting has been made at site as per recommendation of Committee of
Expert.
7. Any Items needed as per subsequent suggestion of the Expert Committee other than
mentioned/ quoted items in BOQ may also to be considered for implementation by the
successful bidders, which will be treated as variation to this work as mutually decided
will be considered as variation and the rate for such variation will be derived under the
provisions of clause 37.2 and 37.3 for suggested items under variation.
8. The Expert Committee also desires collection of some data and information before
giving their Final Report and successful bidder has to provide such information and data
time to time which will be treated as incidental to this scope of work.
9. In order to ensure safety of the structure, the Expert Committee has recommended the
movement of traffic in single lane and the same had been enforced and are being
continued. The same practice is to be followed & maintained by successful bidder till the
completion of repair & remedial measures as to be implemented under this scope of
work. Successful bidder also free for facilitating any interim suggestions for allowing
traffic through this bridge in any other pattern/ way during the implementation period,
however, this will be treated at their cost & risk.
10. Further, it has therefore now been decided to call Bid/ RFP along with BOQ from
experienced agencies/ firms specialized in such type of works. The Bill of Quantities shall
contain items for the survey, review, examination, testing, execution/ implementation
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of remedial measures by the way of proposed sound methodology, maintenance work
etc. to be done by the Contractor along with unit and quantity of the items.
11. Bidders have to give a presentation to a committee on the submitted sound
methodology along with assessment of the condition of the distressed bridge including
capability of the bidders to undertake the work. After presentation, the committee
constituted by NHAI will suggest the methodology to be adopted for repair of the
distressed old bridge and finalize the rationalized BOQ. The quantities as per
rationalized BOQ will be used to calculate the Contract Price as per quoted rates. The
Contractor is paid for the quantity of the work done at the rate in the Bill of Quantities
for each item for the work executed.
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ANNEXURE- B
Subject: Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short
term / Long term measures suggested by an Expert Committee (already constituted
by NHAI) , structural health monitoring etc. for an old rehabilitated Narmada Bridge
constructed in year 1977 across Narmada river at Km. 193.000 -194.400 at Bharuch
in between section from Km 192.00 to 198.00 on Vadodara- Surat section of NH-8 in
the state of Gujarat - Request for Proposals
- Terms of Reference
1) The equipments/ machines should be of good quality, with proper maintenance for
reliable performance.
2) As far as possible, review/ survey/ investigation/ implementation/ execution of repair
and maintenance work should be carried out in running traffic condition.
3) Traffic jam/ blockage should be avoided during the review/ survey/ investigation/
implementation/ execution of repair and maintenance work.
4) In the unavoidable circumferences/conditions, traffic blockage at intermittent occasion
for short interval (limiting in few hours) can be provided during the implementation
stage only on request with prior approval from the Competent Authority.
- Scope for Work
1) To study available drawings and to carry out survey, review and preliminary
examination/ investigation work including test & examination of prestressing work
(existing & additional)-PIU may be contacted for acquiring available drawings.
2) Identify potential defects/deficiencies and suggest suitable sound remedial measures/
methodology to resolve the recent problems/ deterioration for safe movement of traffic
after visiting the site.
3) Submit an approach paper as per Appendix -I on the methodology of execution for sound
remedial measures and prepare scope of work/BOQ in the prescribed format as given at
Appendix -II
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4) Give a presentation to a committee constituted for the submitted sound methodology
highlighting critical assessment of the condition of the distressed bridge, proposed
methodology and case studies of similar works undertaken, if any.
The proposed sound methodology shall be such that it is developed by taking
following conditions into account:
• The bridge shall work in good condition for its design life for at least the load of
vehicles up to 4 axles with consideration of congestion.
• The implementation of methodology shall be such that bridge is required to be
closed for intermittent occasion for short interval (limiting in few hours) and such
cases shall be tried to be minimized. Such instances shall be clearly stated in the
execution methodology.
• The methodology of long term remedial measures shall be consistent with the short
term remedial measures as proposed by the bidder/expert committee.
• The differential deflections observed at CHBs shall not be more than as prescribed
limit by international standards/ IRC codes for its entire design life.
• The methodology shall be substantiated with scientific base and experience in
similar cases.
• The methodology shall be such that it is physically implementable and
economically sound & viable.
• The methodology shall confirm to all applicable norms as per IRC codes and
international standards.
5) To examine the cause of Recent Problems / Deterioration observed in rehabilitated old
bridge and submit a condition survey report duly incorporating suggested remedial
measures for the same.
6) Detailed methodology/drawings shall be proof checked from reputed institution
preferably IIT and only after the receipt of certification, the work for execution of
remedial measures shall be commenced.
7) Implementation/ Execution of the remedial measures/ methodology under close guidance
of well qualified and experienced personnel to be deployed by the agency/ firm to meet
the desired specifications as per IRC code for bridges.
8) Incorporation of necessary quality assurance measures, proper workmanship etc. during
review/ examination/ implementation/ execution etc. which is also to be monitored by
the Authority Engineer/ Authority Engineer engaged by NHAI / NHAI’s site
representative.
53.
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9) It shall also followed by structural health monitoring along with required maintenance
work throughout during the defect liability period of one year.
10) To submit the final detailed comprehensive report along with drawing for the executed
repair work.
11) The whole assignment / scope of work to be completed within the time period of 12
months (contract period) and followed by 5 years maintenance period.
12) The contractor shall carry out maintenance of existing/rehabilitated bridge for 5 years
from the completion date for which payment @ 1% of contract amount will be given to
the contractor as per this contract agreement. This shall include repair/rehabilitation of
any defects observed during maintenance period. It shall also include the routine
maintenance works as per Table-1 of Annexure-B.
13) Any Items needed as per subsequent suggestion of the Expert Committee other than
mentioned/ quoted items in BOQ may also to be considered for implementation by the
successful bidders, which will be treated as variation to this work as mutually decided
will be considered as variation and the rate for such variation will be derived under the
provisions of clause 37.2 and 37.3 for suggested items under variation.
14) The Expert Committee also desires collection of some data and information before
giving their Final Report and successful bidder has to provide such information and data
time to time which will be treated as incidental to this scope of work.
15) The contractor shall provide inspection arrangement (like Hanging platform to
cross/inspect from one span to another for the full length of bridge with lighting facility
inside the box girder) which shall enable the close inspection of condition of bridge
during construction and maintenance period.
54.
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TABLE-1 of Annexure-B
Sr.
No.
Description of Work Unit
Part (a) -General repair and maintenance work (Appendix – II)
1
Repair and maintenance of Railing
Meter
2
Replacement and repair of damaged railing
Meter
3 Cleaning /Maintenance of bearing and expansion joints Each
4
Replacement and repair of damaged crash barrier
Meter
5
Clearing Grass and Removal of Rubbish & Cleaning of drainage spouts at
regular interval to avoid any water logging
Hectare
6
Repair and maintenance of existing wearing coat including its disposal
complete as per Technical specification without causing any detrimental effect
to any part of the bridge structure
Sqm
7
Drum Delineator (Provision of metal drum/empty bitumen drum delineator, 300
mm in diameter, 800 mm high, filled with earth for stability, painted in
circumferential strips of alternate black and white 100 mm wide fitted with
reflectors 3 Nos of 7.5 cm dia, all as per IRC:SP:55-2001)
Each
8.
Providing safety measure items - Plastic crash barriers for traffic regulation
and traffic control
Meter
9
Painting of railing, Kerb & other ancillaries
Meter
Part (b)- Improvement and maintenance work/ safety work (Appendix
– II)
55.
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Sr.
No.
Description of Work Unit
1
Providing Raised Bar Markings across Bridge Deck (Rumble Strips)-
Providing and laying of hot applied thermoplastic compound 2.5mm thick white
including reflectorising glass beads @ 250gms/sqm area, thickness of 2.5mm
is exclusive of surface applied glass beads as per IRC : 35. The finished
surface to be level, uniform and free from steaks and holes etc. complete with
3 years guarantee. To obtain 10 mm thickness four layers are laid for bar
marking (2.5 mm each) for raised bar marking a bunch of 10 nos of bar
marking is marked at location at distance between two strips are 0.3 m
Sqm
2
Supply & fixing cats eye made out of dow molding compound size
·10cms.x10cmsx2.5 cms. Fitted with retro reflective devices on both sides
provided with fixing nail. (Engineer grade).
Each
3
Drum Delineator (Provision of metal drum/empty bitumen drum delineator, 300
mm in diameter, 800 mm high, filled with earth for stability, painted in
circumferential strips of alternate black and white 100 mm wide fitted with
reflectors 3 Nos of 7.5 cm dia, all as per IRC:SP:55-2001)
Each
4
Providing and fixing sign boards made out of 2 mm alluminium sheet size 80
x60Cms. rectangle as per the design IRC-67-1977. Pre treated with
phospheting process i and acid etching; coated with one coat of epoxy primer
and two coats of best quality epoxy paint; reflectorised with retro reflective
sheeting as per latest MoRTH Specifications
Each
5 Providing & fixing of solar blinkers with battery arrangemnt Each
6 Provision of Water Proofing at Deck slab Sqm
56.
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Appendix- I of Annexure- B
Approach Paper on Methodology and work plan for performing the assignment
(not more than 6 pages)
(Signed by an Authorised Representative of the Firm)
_______________
Name of the Representative
__________________
Name of Firm
__________________
DATE
57.
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Appendix- II of Annexure- B
Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short term /
Long term measures suggested by an Expert Committee (already constituted by NHAI) ,
structural health monitoring etc. for an old rehabilitated Narmada Bridge constructed in year
1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in between section from Km
192.00 to 198.00 on Vadodara- Surat section of NH-8 in the state of Gujarat - Request for
Proposals
BOQ
S.No. Description of
Item
Unit Quantity
58.
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ANNEXURE C
Subject: Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short
term / Long term measures suggested by an Expert Committee (already constituted
by NHAI) , structural health monitoring etc. for an old rehabilitated Narmada Bridge
constructed in year 1977 across Narmada river at Km. 193.000 -194.400 at Bharuch
in between section from Km 192.00 to 198.00 on Vadodara- Surat section of NH-8 in
the state of Gujarat - Request for Proposals
- Procedure for evaluation of proposals of the bidders and selection of
agencies for Execution/service of the subjected work/assignment.
Being a complex, specialized and time bound job the selection of the agency/ firm for the
execution of the subjected work will follow technical quality and cost-based selection process
(QCBS). Successful bidder themselves will be solely responsible for ensuring the quality,
technique, workmanship of proposed assignments, service as well as execution of work etc. The
evaluation of bid / RFP will follow the process as indicated below:
Stage1: Firstly, all the Technical Proposals for the execution of the subjected
work/assignment will be opened and will be evaluated as per requirement of RFP.
During the detailed evaluation of “Technical Bids”, the Employer/ NHAI will
determine whether each Bid is substantially responsive to the requirements of the
bidding documents including required technical score for Criteria as given below:
Sr. Criteria Maximum Marks Forms
No.
1. Age of Firm/Agency/Company 5 Copy of
Registration
2.
Personnel with the Firm having
similar Field experience 10 T-1
3. Average Annual Turnover of the
Firm during the last 3 years, i.e.,
F.Y. 2011-12, 2012-13 and 2013-
14.
10 T-2
4.
Experience of the Firm related to
similar works/services 40 T-3
59.
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5. Technical Expertise of the Firm on
number of projects successfully
completed
20 T-4
6. List of minimum essential equipments
which the firm/agency/company possess for
performing work & associated services
15 T-5
The firm scoring the qualifying marks (minimum 75% of total) for Criteria shall be
considered qualified. The shortlisted firms will only be eligible for Stage-2 of
evaluation.
Stage-2: The qualified bidders will be informed of the date, time and place to give a
presentation to a committee on the submitted sound methodology along with
assessment of the condition of the distressed bridge including capability of the
bidders to undertake the work. After presentation, the committee constituted by
NHAI will finalize the methodology for repair of the distressed old bridge and
rationalized BOQ defining the scope of contract shall be finalized.
Stage 3: The rationalized BOQ will be forwarded to all bidders and Bidders will be asked to
submit financial bid-2 for the additional items not covered under the already
submitted financial bid-1. For estimation of bid amount, the rates quoted by bidder
in financial bid 1 and financial bid 2 will be considered and quantities will be taken
as per rationalized BOQ. The work will be awarded to the lowest bidder (L-1)
meeting all the eligibility conditions as per RFP. Bid will be rejected if the cost of
financial bid-2 exceeds more than 25% of RATIONALIZED BOQ-1
AMOUNT i.e. the amount calculated for common items in rationalized BOQ &
financial Bid-1 wherein quantities are as per rationalized BOQ and item rates
as quoted by the bidder in the financial bid-1.
Further a substantially responsive “Financial Bid” is one, which conforms to all the
terms, conditions of the bidding documents and having quoted lowest total cost / price (L-1),
without material deviation or reservation. A material deviation or reservation is one (a) which
affects in any substantial way the scope, quality, or performance of the Works; (b) which limits
in any substantial way, inconsistent with the bidding documents, the Employer’s rights or the
60.
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Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the
competitive position of other bidders presenting substantially responsive bids. If a “Financial
Bid” is not substantially responsive, it will be rejected by the Employer, and may not
subsequently be made responsive by correction or withdrawal of the non-conforming
deviation or reservation.
61.
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Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short term /
Long term measures suggested by an Expert Committee (already constituted by NHAI) ,
structural health monitoring etc. for an old rehabilitated Narmada Bridge constructed in year
1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in between section from Km
192.00 to 198.00 on Vadodara- Surat section of NH-8 in the state of Gujarat - Request for
Proposals
Form T-1
Name of Staff Designation Area of
Expertise
No. of years of
Experience
62.
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Providing services for review, examination, measures /methodology, repair/ remedial measures
& implementation thereof including implementation/ execution of Short term / Long term
measures suggested by an Expert Committee (already constituted by NHAI) , structural health
monitoring etc. for an old rehabilitated Narmada Bridge constructed in year 1977 across
Narmada river at Km. 193.000 -194.400 at Bharuch in between section from Km 192.00 to
198.00 on Vadodara- Surat section of NH-8 in the state of Gujarat - Request for Proposals
Form T-2
Average Annual Turnover
[The following table shall be filled in for the Applicant]
Applicant's Legal Name:
Applicant's Party Legal Name:
Annual Turnover Data
Year Amount in Rs
2011-12
2012-13
2013-14
Average Annual Turnover
Yours Sincerely,
(Signature of Chartered Accountant)
Statutory Auditor of the firm/agency/company)
Name of the Chartered Accountant/ Statutory Auditor:
Seal:
63.
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Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short term /
Long term measures suggested by an Expert Committee (already constituted by NHAI) ,
structural health monitoring etc. for an old rehabilitated Narmada Bridge constructed in year
1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in between section from Km
192.00 to 198.00 on Vadodara- Surat section of NH-8 in the state of Gujarat - Request for
Proposals
Form T-3
Similar Work Experience
Work performed on works of a similar nature:
We hereby declare and confirm that we, _______________(Name of the Bidder), having
registered office at ___________________(address) have successfully executed contracts of similar
nature i.e. Review, Examination, Repairs, Rehabilitation of Bridge structures and associated
services etc. We certify that we had executed similar works/ contracts of costing not less than
Rs._____________. We are providing the details below: (Note: add rows as required).
SI.
No
Name of
The Client
Organization
Project /
Work
Value
Start
Date
End
Date
Brief Scope
of Work
Whether The
Successful Completion
Certificate as Required is
Attached
Yes/ No Pg no. on the
proposal
Authorized Signature:
Name & Title of
Signatory:
Name of Bidder
64.
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Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short term /
Long term measures suggested by an Expert Committee (already constituted by NHAI) ,
structural health monitoring etc. for an old rehabilitated Narmada Bridge constructed in year
1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in between section from Km
192.00 to 198.00 on Vadodara- Surat section of NH-8 in the state of Gujarat - Request for
Proposals
Form T-4
Technical Expertise of the Firm
We hereby declare and confirm that we, ______________________(Name of the Bidder), having
registered office at ____________________________ (address) have technical expertise and successfully
completed works/ services /projects regarding Review, Examination, Repairs, Rehabilitation of Bridge
structures and associated services etc. We certify that we had executed similar contracts of
projects. We are providing the details below: (Note: add rows as required).
SI.
No
Name of
The Client
Organization
Project
Value
Start
Date
End
Date
Brief Scope
of Work attached
Whether The
Successful Completion
Certificate as Required is
Attached
Yes/ No Pg no. on the
proposal
Authorized Signature:
Name & Title of
Signatory:
Name of Bidder
65.
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Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short term /
Long term measures suggested by an Expert Committee (already constituted by NHAI) ,
structural health monitoring etc. for an old rehabilitated Narmada Bridge constructed in year
1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in between section from Km
192.00 to 198.00 on Vadodara- Surat section of NH-8 in the state of Gujarat - Request for
Proposals
Form T-5
List of minimum essential equipments which the firm/agency/company possess for performing work
& associated services
Sr. No. Name of Equipments Nos. of sets Purpose/ use for the related
work/ services
1
2
..
..
..
66.
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ANNEXURE-D
Sub: Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short
term / Long term measures suggested by an Expert Committee (already constituted by
NHAI) , structural health monitoring etc. for an old rehabilitated Narmada Bridge
constructed in year 1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in
between section from Km 192.00 to 198.00 on Vadodara- Surat section of NH-8 in the
state of Gujarat - Request for Proposals
Preparation and submission of bids/ RFP
1. Bid Prices
1.1 The Contract shall be for the whole Works, based on the priced Bill of Quantities submitted
by the Bidder. It is should be noted that
(i) No escalation will be payable during execution/services:
(ii) All costs associated with the above assignment covering interalia
remuneration & per diem for staff; transportation, printing of reports &
documents, material costs including all tax liabilities, transportation; etc.
should be included in the above rates & costs;
(iii) The above rates & costs should take into account cost of all types of
insurance required for providing above services as per industry practice
(iv) The above rates & costs should take into account all types of tax liabilities
including service tax prevailing 7 days before the last date for submission of
proposal
1.2 The items for which no rate or price is entered by the Bidder will be required to be
executed free of cost and shall be deemed covered under the other rates and prices in the Bill
of Quantities quoted.
1.3 All duties, taxes (except service tax), royalties and other levies payable by the Contractor
under the Contract, or for any other cause, shall be included in the rates, prices, and total Bid
price submitted by the Bidder. The service tax shall be reimbursed (if applicable) subject to
production of proof of such payment by the contractor specific to the subject work.
“Taxes” includes excise duties, customs duties, value added tax, sales tax, local taxes,
cess and any impost or surcharge of like nature (whether Central, State or local) on the goods,
Materials, equipment and services incorporated in and forming part of the Project Highway
charged, levied or imposed by any Government Instrumentality
1.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the Contract
and shall not be subject to adjustment. The proposal must be properly signed by a duly
authorized person holding power of attorney and a certified copy of power of attorney shall
accompany the proposal.
67.
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1.5 Any additional support complete in all respects including material and fixing if any
Required for execution of work shall be provided by the contractor at his own cost.
1.6 The bidder shall quote bid prices on appropriate format enclosed as part of tender
document on e-tender portal of NHAI. The items for which no rate or price is entered by the
bidder will be required to be executed free of cost and shall be deemed covered under the
other rates and prices in the Bill of Quantities quoted
2. Currencies of Bid and Payment
2.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All
payments shall be made in Indian Rupees.
3. Cost of Bidding
3.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid,
and the Employer will, in no case, be responsible or liable for those costs.
4. Site Visit
4.1 The Bidder, at his own cost, responsibility and risk, is encouraged to visit, examine and
familiarise himself with the Site of Works and obtain all information that may be necessary for
preparing the Bid and entering into a contract for execution of the Works. The costs of visiting
the Site shall be at the Bidder's own expense. He may contact the Project Director of
concerned PIU/CMU of NHAI in this regard.
5. Content of Bidding Documents
5.1 The set of bidding documents comprises the documents listed below:
5.1.1 Part- A: RFP Document (PART-A) also comprising following:
(i) Annexure A: Brief Note Regarding site details, background, repair & retrofitting
work done, distressed noticed etc. This information is just for reference purpose
of bidders, however, it is Bidder’s responsibility to submit their respective Bids /
RFP documents after visiting the Project site and ascertaining for themselves the
site conditions, traffic, locations, surroundings, climate and regulations, and any
other matter considered relevant by them.
(ii) Annexure B: Terms of Reference and Scope of Work for undertaking the subject
work.
(iii) Annexure C: Procedure that will be followed by NHAI for evaluating the
proposals leading to award of work.
(iv) Annexure D: Preparation and submission of bids.
(v) Annexure E: Typical Drawing and Key Map
5.2 The bidder is expected to examine carefully all instructions, conditions of contract, contract
data, forms, terms, specifications etc. in the Bid Document. Failure to comply with the
68.
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requirements of Bid Documents shall be at the bidder’s own risk. Bids, which are not
substantially responsive to the requirements of the bid documents/proposals, shall be rejected.
6. Alternative Proposals by Bidders
6.1 Bidder shall submit offers that fully comply with the requirement of the bidding
document including conditions of contract, conditional offer or alternate offer will not be
considered further in the process of tender evaluation
7. Language of Bid
All documents relating to the Bid shall be in English.
8. Documents Comprising the Bid
8.1 The e-bid shall be submitted by the bidder in three parts:
1 Technical Bid for Execution of work: It shall comprise information to be
submitted as given in clause 8.2 below.
2 Financial Bid-1: The bidder shall upload financial bid-1 as per their suggested
methodology and BOQ submitted along with technical bid.
3 Financial Bid-2: The bidder shall upload his financial bid-2 for the additional
items not covered under his financial bid-1 after completion of stage-2 of
evaluation as per the rationalized BOQ, which will be circulated to all bidders or
hoisted on NHAI website. The deadline for submission of financial bid-2 will be
communicated to all bidders through NHAI website/e-tendering portal.
8.2 Documents to be submitted by date of submission of bid:
(i) Application shall be submitted online following the instructions appearing on the
screen. A buyer manual containing the detailed guidelines for e-tendering system is also
available on e-tender portal of NHAI.
(ii) The following documents shall be prepared and scanned in different files (in PDF
or JPEG format such that file size is not more than 5 MB) and uploaded during the on-line
submission of Bid. Though scanned copies of the following documents are required to be
uploaded during submission of e-bid on the e-tendering portal of NHAI, as per clause
8.1above. However, the following original documents in physical form shall be
submitted in a sealed envelope in 'ORIGINAL' before the prescribed date & time for
submission of Bids. and addressed to the addressee given in the Notice inviting
RFP duly super scribed “Name of work, bid due date & time”. Name and address
of the bidder should also be indicated on the envelope.
(a) Rs 1,295/-(One Thousand Two Hundred Ninety Five Only) inclusive of all Taxes
shall be paid to M/s C1 India Private Limited. against RFP/Tender Processing Fee through
E-Payment only
(b) Power of Attorney for signing of RFP document.
(c) If applicable, the power of Attorney for Lead Member of Consortium;
69.
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(d) An Undertaking from the person having POA referred to in Sub. Cl. (c) above that
they agree and abide by the RFP documents uploaded by NHAI and amendments
uploaded if any
(e) Completed and duly signed on each page of information as to be provided under
Appendix –II of Annexure- B, in accordance with RFP document (Part-A)
(f) Affidavit duly notarised as per the format provided in Section V of RFP document
(Part-A)
(g) Duly signed undertaking on letter head of firm/ agency as per the format
provided in Section V of RFP document (Part-A)
(iii) It may be noted that scan copies can be prepared in different file format (PDF,
JPEG).
(iv) It may also be noted that bidders can upload a single file of size of 5 MB only but
you can upload multiple files.
(v) The Documents as specified in para 2 (ii) above shall be placed in a sealed
envelope. The envelop should bear the following identifications: "Providing
services for review, examination, measures /methodology, repair/remedial
measures & implementation thereof including implementation/ execution of
opinion of an Expert Committee (already constituted by NHAI) for short term &
long term repairs as to be suggested, with structural health monitoring etc for
old rehabilitated Bridge across Narmada river at Km. Km. 193.00 -194.400 at
Bharuch in between section from Km 192.00 to 198.00 on Vadodara- Surat
section of NH-8 in the state of Gujarat
The following documents, which are not submitted with the bid, will be deemed to be part of
the bid.
(i) Invitation for RFP
(ii) Instruction to the bidders (ITB)
(iii) Conditions of Contract
(iv) Annexure A, B,C ,D & E
(v) Other documents of proposal
9. Bid Validity
9.1 Bids shall remain valid for a period of 120 days after the deadline date for bid
submission. A bid valid for a shorter period shall be rejected by the Employer as non-
responsive.
9.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidders may extend the period of validity for a specified additional period. The
request and the bidders’ responses shall be made in writing or by cable.
10. Earnest Money / Bid Security: Nil
70.
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11. Amendment of Bidding Documents
11.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.
11.2 Any addendum thus issued shall be part of the bidding documents and shall be hosted
on NHAI e-tendering portal. Bidders are advised to keep themselves update of addendums
issued on e-tendering portal by daily checking the e-tendering portal and NHAI does not
assume any responsibility in case the bidders fails to do so and does not take any action, if
required, with respect any relevant addendum.
11.3 To give prospective bidders reasonable time in which to take an addendum into account
in preparing their bids, the Employer shall extend, as necessary, the deadline for submission of
bids.
12. . Format and Signing of Bid/ RFP
12.1 The Bidder shall submit one set of the bid comprising of the documents as described in
Clause 8 of Annexure- D.
12.2 Deleted
12.3 Deleted
12.4 The documents to be submitted in the physical form shall be signed by a person duly
authorized to sign on behalf of the bidder. All the pages of the documents as mentioned here
shall be signed by the person/persons signing the bid. Documents as mentioned here shall
contain no overwriting, alterations or additions, except those to comply with instructions,
issued by the employer or as necessary to correct errors made by the bidder, in which case such
corrections shall be made by scoring out the cancelled portion, writing the correction and
signing and dating it along with the stamp by the person or persons signing the Bid.
13. Late Submission of Document in Physical Form:
Any document in physical form if received by the Employer after the deadline will be
returned unopened to the Bidder.
14. Modification and Withdrawal of Bids
No bid may be modified after the deadline for submission of Bids. Bidders may modify the
prices of their Bids before deadline of submission of bid. No late and delayed bids after Bid
Due Date/time shall be permitted in e tendering portal System. Time being displayed on our
e-tendering Portal shall be final and binding on bidder and bids have to be submitted by
bidders considering this time only and not the time as per their location/country.
15. Bid Opening and Evaluation
71.
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15.1. Bid Opening
'Technical Bid' of all the bids received (except those received late) shall be opened on the
date and time mentioned in Notice Inviting RFP.
15.1.1 The Employer will open the "Technical Bid" of all the bids received (except those
received late), in the presence of the bidders/bidders’ representatives who chose to attend at
the time, date and place specified in the Notice inviting RFP. In the event of the specified date
for the submission of bids being declared a holiday for the Employer, the Bids will be opened at
the appointed time and location on the next working day.
15.1.2 The Employer will prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Clause 15.1.1.
15.1.3 (i) The bids will be taken up for evaluation with respect to the Qualification
Information and other information furnished in Part A of the bid pursuant to Clause
8.1.
(ii) Deleted
(iii) Deleted
(iv) As soon as possible, the Evaluation Committee will finalize the list of responsive
bidders which are eligible for consideration to give presentation to a committee as
constituted by NHAI. However to assist in the examination, evaluation of technical
bids, the Employer may at his discretion, ask any bidder for clarification of his bid,
however, no additional documents in support of clarification will be entertained.
15.1.4 The Employer shall inform the bidders, whose technical bids is found responsive, of the
date, time and place to give a presentation to a committee on the submitted sound
methodology along with assessment of the condition of the distressed bridge including
capability of the bidders to undertake the work.
15.1.5 After presentation, the committee constituted by NHAI will suggest the adopted
methodology for repair of the distressed old bridge and will finalize a rationalized BOQ.
Thereafter, the rationalized BOQ will be forwarded to all bidders and they will be asked to
submit financial Bid-2 for the additional items not covered under his Financial bid-1. The final
evaluation will be done for the combined financial bid i.e. (financial bid-1 and financial bid-2).
For combined financial bid (i.e. financial bid-1 and financial bid-2) to become responsive, the
cost of financial bid-2 shall not exceed more than 25% of RATIONALIZED BOQ-1 AMOUNT i.e.
the amount calculated for common items in rationalized BOQ & financial Bid-1 wherein
quantities are as per rationalized BOQ and item rates as quoted by the bidder in the financial
bid-1
72.
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16. Process to be Confidential
16.1 Information relating to the examination, clarification, evaluation, and comparison of
bids and recommendations for the award of a contract shall not be disclosed to bidders or any
other person not officially concerned with such process until the award to the successful Bidder
has been announced. Any attempt by a Bidder to influence the Employer’s processing of bids or
award decisions may result in the rejection of his Bid
17. Clarification of Bids and Contacting the Employer
17.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may, at
his discretion, ask any Bidder for clarification of his-Bid, including breakdowns of unit rates. The
request for clarification and the response shall be in writing or by cable, but no change in the
price or substance of the Bid shall be sought, offered, or permitted.
17.2 Subject to sub-clause 18.1, no Bidder shall contact the Employer on any matter relating
to his bid from the time of the bid opening to the time the contract is awarded. If the Bidder
wishes to bring additional information to the notice of the Employer, it should do so in writing.
17.3 Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid
comparison or contract award decisions may result in the rejection of the Bidders' bid.
18. Award Criteria
18.1 Subject to Clause 19, the Employer will award the Contract to the Bidder whose Bid has
been determined:
i. To be substantially responsive to the bidding documents and who has offered the
lowest evaluated Bid price.
ii. Deleted.
19. Employer’s Right to Accept any Bid and to Reject any or all Bids
19.1 Notwithstanding Clause 18, the Employer reserves the right to accept or reject any Bid,
and to cancel the bidding process and reject all bids, at any time prior to the award of Contract,
without thereby incurring any liability to the affected Bidder or bidders or any obligation to
inform the affected Bidder or bidders of the grounds for the Employer’s action.
20. Notification of Award and Signing of Agreement.
20.1 The bidder whose Bid has been accepted will be notified of the award by the Employer
prior to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered
letter. This letter (hereinafter and in the Part I General Conditions of Contract called the “Letter
of Acceptance”) will state the sum that the Employer will pay to the successful bidder in
consideration of Providing services for review, examination, measures /methodology, repair/
remedial measures & implementation thereof including implementation/ execution of Short
term / Long term measures suggested by an Expert Committee (already constituted by NHAI) ,
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structural health monitoring etc. for an old rehabilitated Narmada Bridge constructed in year
1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in between section from Km
192.00 to 198.00 on Vadodara- Surat section of NH-8 in the state of Gujarat” by the successful
bidder as prescribed by the Contract (hereinafter and in the Contract called the “Contract
Price”).
20.2. The notification of award will constitute the formation of the Contract, subject only to
the furnishing of a performance security in accordance with the provisions of Clause 21.
20.3. The Agreement will incorporate all agreements between the Employer and the
successful Bidder. It will be signed by the Employer and the successful Bidder after the
performance security is furnished.
20.4 Upon the furnishing by the successful Bidder of the Performance Security, the Employer
will promptly notify the other Bidders that their Bids have been unsuccessful.
21. Performance Security
21.1 Within 7 (seven) days after receipt of the Letter of Acceptance, the successful Bidder
shall deliver to the Employer a Performance Security of Ten percent (10 %) of the Contract
Price, valid for the period of 28 days after the expiry of defect liability period of twelve months
and sign the contract.
21.2 The performance security shall be either in the form of a Bank Guarantee or Demand
Draft receipts, in the name of the Employer, from following banks would be accepted:-
i. State Bank of India or its subsidiaries,
ii. Any Indian Nationalised Bank
iii. IDBI or ICICI / ICICI Bank
iv. A Foreign Bank (issued by a branch outside India) with a counter guarantee
from SBI or its subsidiaries or any Indian Nationalised Bank.
v. Any Scheduled Commercial Bank approved by RBI having a net worth of not
less than Rs. 500 crores as per the latest Annual Report of the Bank. In the
case of a Foreign Bank (issued by a branch in India), the net worth in respect
of the Indian operations shall only be taken into account.
The acceptance of the guarantees shall also be subject to the following conditions:-
i. The capital adequacy of the Bank shall not be less than the norms prescribed
by RBI (presently 9, with effect from 31st
March, 2003, 10).
ii. The bank guarantee issued by a Cooperative Bank shall not be accepted
21.3 Failure of the successful bidder to comply with the requirement of sub-clause 21.1 shall
constitute sufficient ground for cancellation of the award and debarment
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22. Advances
22.1 Deleted
23. Corrupt or Fraudulent Practices
The Employer/ NHAI will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in competing for the
contract in question and will declare the firm ineligible, either indefinitely or for a stated period
of time, to bid for any work with National Highways Authority of India, if it at any time
determines that the firm has engaged in corrupt or fraudulent practices in competing for the
contract, or in its execution.
The Employer/ NHAI requires the bidders/Contractors to strictly observe the laws
against fraud and corruption enforced in India, namely, Prevention of Corruption Act, 1988.
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ANNEXURE-E
Sub: Providing services for review, examination, measures /methodology, repair/ remedial
measures & implementation thereof including implementation/ execution of Short
term / Long term measures suggested by an Expert Committee (already constituted by
NHAI) , structural health monitoring etc. for an old rehabilitated Narmada Bridge
constructed in year 1977 across Narmada river at Km. 193.000 -194.400 at Bharuch in
between section from Km 192.00 to 198.00 on Vadodara- Surat section of NH-8 in the
state of Gujarat - Request for Proposals
Typical Drawing & Key Map
Figure 1: Typical Drawing of Old Narmada Bridge
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Figure 2: Sketch showing current traffic movement condition at work location