telangana state industrial infrastructure corporation limited...

Telangana State Industrial Infrastructure Corporation Limited

(TSIIC)

REQUEST FOR PROPOSAL

FOR

EXECUTION OF SAFETY WORKS AT THE ROAD ADJACENT TO BIO-DIVERSITY PARK, HITECH

CITY, HYDERABAD OF TSIIC CYBERABAD ZONE IN THE STATE OF TELANGANA FOR

MITIGATING HAZARDS ON “ENGINEERING, SUPPLY&EXECUTION” BASIS

Issued by:

The Chief Engineer, Telangana State Industrial Infrastructure Corporation (TSIIC) Ltd., 5th Floor,

ParishramaBhavanam, Fateh Maidan Road, Basheerbagh, Hyderabad- 500 004.

www.tsiic.telangana.gov.in

August 2020

Executing safety works on turnkey basis at the road adjacent to Bio-diversity Park,

Hitech city, Hyderabad of TSIIC Cyberabad zone for mitigating hazards.

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Schedule of Bidding process

Bidders are invited to submit their Bids on or before the time, date at the office for submission as

the indicated below. The Bids submitted after this time and date or any other office other than

indicated will not be considered under any circumstances, unless notified by the Authority with full

information of the altered time, date and the office for submission.

S N0. Event Description Particulars

1 RFP Reference No. Dt:18.08.2020

2 Date of issue of RFP Call

Notice

Dt:18.08.2020

3 Email Address for

Communication

[email protected]

4 Contact Person Details Ms. P.Swarajyam, Contact No. 9640178603

5 Bid Due date / Bid

Submission date

15.00 hours IST on 2nd September 2020.

6 Address for Submission of

Bid

The Chief Engineer,

TSIIC, 5th Floor, ParisramaBhavanam,

Fateh Maidan Road, Basheerbagh,

Hyderabad – 500 004.

7 Date & Time for opening of

Technical Bid

Date: 2nd September 2020 Time 15.30 hours IST.

8 Date & Time of opening of

Financial Bid

After evaluation of Technical Bid. Intimated to the

qualified Bidders.

9 Processing fee (Non-

Refundable)

Rs.10,000/- (Rupees Ten Thousand only) + applicable

GST (@18%) amounting to Rs.11800/- (Rupees Eleven

Thousand Eight Hundred only) in the form of a crossed

demand draft drawn in favour of TSIIC, payable at

Hyderabad drawn on any scheduled bank.

10 Earnest Money Deposit

(Refundable)

Rs.11,81,000/- (Rupees Eleven Lakh Eighty One

Thousand only) to be payable either through online

payment through net-banking/NEFT/RTGS/debit card /

credit card or in the form of a Bank Guarantee in favour

of TSIIC and drawn on any scheduled bank.

Ac.No:304011029457, KKBK0007451, KOTAK MAHINDRA

BANK, ABIDS ROAD, HYD

11 Performance Security

The Selected Bidder whose tender has been accepted

will have to provide an irrevocable and unconditional

bank guarantee issued by a Nationalized Bank of India or

any scheduled Bank in favour of TSIIC for 2.5% of the

accepted tender amount or ECV, whichever is greater, as

performance security prior to signing of the Agreement.

The period of validity for the performance security shall

be initially for 2 (two) years and 10 (ten) months.

12 Additional Security Deposit

The Bidders, whose quoted Bid Price is lower by 25% or

more than the Estimated Contract Value, have to furnish

a Bank Guarantee for the difference between the

tendered amount and 75 % of Estimated Contract Value



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as Additional Security Deposit at the time of concluding

the Agreement.

13 Bid Validity Period 180 days from the Bid Due Date.



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Disclaimer

The information contained in this Request for Proposal document (the “RFP”) or subsequently

provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf of

the Authority or any of its employees or advisors, is provided to Bidder(s) on the terms and

conditions set out in this RFP and such other terms and conditions subject to which such

information is provided.

This RFP is not an agreement and is neither an offer nor invitation by the Authority to the

prospective Bidders or any other person. The purpose of this RFP is to provide interested

parties with information that may be useful to them in making their financial offers (Bids)

pursuant to this RFP. This RFP includes statements, which reflect various assumptions and

assessments arrived at by the Authority in relation to the Project. Such assumptions,

assessments and statements do not purport to contain all the information that each Bidder

may require. This RFP may not be appropriate for all persons, and it is not possible for the

Authority, its employees or advisors to consider the investment objectives, financial situation

and particular needs of each party who reads or uses this RFP. The assumptions, assessments,

statements and information contained in the Biding Documents may not be complete,

accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations

and analysis and should check the accuracy, adequacy, correctness, reliability and

completeness of the assumptions, assessments, statements and information contained in this

RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which

may depend upon interpretation of law. The information given is not intended to be an

exhaustive account of statutory requirements and should not be regarded as a complete or

authoritative statement of law. The Authority accepts no responsibility for the accuracy or

otherwise for any interpretation or opinion on law expressed herein.

The Authority, its employees and advisors make no representation or warranty and shall have

no liability to any person, including any Applicant or Bidder under any law, statute, rules or

regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,

damages, cost or expense which may arise from or be incurred or suffered on account of

anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,

completeness or reliability of the RFP and any assessment, assumption, statement or

information contained therein or deemed to form part of this RFP or arising in any way for

participation in this Bid Stage.

The Authority also accepts no liability of any nature whether resulting from negligence or

otherwise howsoever caused arising from reliance of any Bidder upon the statements

contained in this RFP.

The Authority may in its absolute discretion, but without being under any obligation to do so,

update, amend or supplement the information, assessment or assumptions contained in this

RFP.



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The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint

the Selected Bidder, as the case may be, for the Project and the Authority reserves the right to

reject all or any of the Bidders or Bids without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission

of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses

associated with any demonstrations or presentations which may be required by the Authority

or any other costs incurred in connection with or relating to its Bid. All such costs and expenses

will remain with the Bidder and the Authority shall not be liable in any manner whatsoever for

the same or for any other costs or other expenses incurred by a Bidder in preparation or

submission of the Bid, regardless of the conduct or outcome of the Biding Process.



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GLOSSARY

Authority As defined in clause 1.1.1

Bid(s) As defined in clause 3.2

Bidders As defined in clause 1.2.2

Bidding Documents As defined in clause1.1.5

Bid Due Date As defined in clause1.1.5

Bidding Process As defined in clause 1.2.1

Bid Price As defined in Clause 1.2.6

Bid Stage As defined in clause 3.1

Contract Agreement As defined in clause 1.1.2

Contractor As defined in Clause 1.1.2

Cum Cubic Metre

Demand Draft As defined in clause 3.18.1

Drone Survey Report As defined in Clause 3.1.2

Earnest Money Deposit As defined in clause 1.2.4

Estimated Contract Value (ECV) The estimated value as worked out by the Authority

GoI Government of India

GoT Government of Telangana

IIT Indian Institute of Technology

LCS As defined in clause 1.2.1

Lowest Bidder As defined in clause 1.2.6

LOA As defined in clause 4.6.3

RFP or Request for Proposal As defined in the disclaimer

Project As defined in Clause 1.1.1

Qualification Stage As defined in Clause 3.1

Rs. or INR Indian Rupee

RM Running Metre

Selected Bidder As defined in clause 4.6.1

Sole Firm As defined in Clause 3.1.12

Sqm Square Metre

Provident Fund As defined in clause 3.2.4

The words and expressions beginning with capital letters and defined in this document shall, unless

repugnant to the context, have the meaning ascribed thereto herein above.



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Invitation for Proposals

1. INTRODUCTION

1. Background

1.1.1. Hyderabad Knowledge City which falls under IALA, Madhapur of Cyberabad Zone of TSIIC has

grown phenomenally in the last few years with many new offices / buildings coming up

thereat. Many more buildings are under different stages of completion with noteworthy T-

Hub’s iconic building (T-Hub - a Government of Telangana’s initiative for fostering innovation

ecosystem) under advanced stage of completion. To meet the fast increasing demandof

better connectivity for the increased traffic, Telangana State Industrial Infrastructure

Corporation Limited (TSIIC) has recently constructed a new carriageway of around 850 metre

connecting internal roads of Hyderabad Knowledge City with the Old Mumbai Highway joining

the same adjacent to Bio-diversity Park (for the area map, please refer Annexure 1 of the

RFP).

The new road was constructed by drilling the hillock thereat to create a passage for the road.

Now, to mitigate the hazard for the carriageway users from loose boulders on the hilltop and

rock slope falling on to the carriageway, TSIIC has decided to take up slope stability and safety

works.

TSIIC (the “Authority”) has decided to take up the works (the “Project”) on turnkey basis, and

has accordingly decided to carry out the Biding process for selection of a private party to

whom the Project may be awarded. Brief particulars of the Project are as under:

Project Details Project Location Estimated

Contract Value

Engineering, Supply&Execution of safety works

for mitigating hazard from the hillock on either

side for the approach road adjacent to Bio-

diversity Park, Hyderabad Knowledge City,

Hyderabad falling under Cyberabad Zone of TSIIC.

location Map as

provided in

Annexure 1.

Rs.11.81 Crore.

1.1.2. The Selected Bidder(the “Contractor”) shall be responsible for engineering, supply, &

execution of works on turnkey basis in accordance with the provisions of the Contract

Agreement (the “Contract Agreement”) to be entered into between the Contractor and the

Authority in the form provided by the Authority as part of the Biding Documents pursuant

thereto.

1.1.3. The Estimated Contract Value as provided in this RFP is for reference only. The assessment of

actual costs will have to be made by the Bidders based on their own surveys, investigations

and other detailed examination of the Project before submitting their Bids. Further, it is also

informed that the Estimated Contract Value provided in the RFP is not binding on the

Authority nor confer any right on the Bidders, and the Authority shall have no liability

whatsoever in relation to or arising out of the amount mentioned as Estimated Contract Value

in this RFP.

1.1.4. The Contract Agreement sets forth the detailed terms and conditions for award of work to the

Contractor, including the scope of the Contractor’s services and obligations.



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1.1.5. The statements and explanations contained in this RFP are intended to provide a better

understanding to the Bidders about the subject matter of this RFP and should not be construed

or interpreted as limiting in any way or manner the scope of services and obligations of the

Contractor set forth in the Contract Agreement or the Authority’s rights to amend, alter,

change, supplement or clarify the scope of work, the work to be awarded pursuant to this RFP

or the terms thereof or herein contained. Consequently, any omissions, conflicts or

contradictions in the Biding Documents including this RFP are to be noted, interpreted and

applied appropriately to give effect to this intent, and no claims on that account shall be

entertained by the Authority.

1.1.6. The Authority shall receive Proposals pursuant to this RFP in accordance with the terms set

forth in this RFP and other documents to be provided by the Authority pursuant to this RFP, as

modified, altered, amended and clarified from time to time by the Authority (collectively the

“Bidding Documents”), and all Bids shall be prepared and submitted in accordance with such

terms on or before the date specified in Clause 1.3 for submission of Bids (the “Bid Due

Date”).

1.2. Brief description of Bidding Process

1.2.1. The Authority has adopted single stage two envelopes Bidding process (referred to as the

“Bidding Process”) for selection of the Bidder for award of the Project. The Bidder will be

selected under Least Cost Selection (the “LCS”) method as described in this RFP.

1.2.2. Interested Bidders (the “Bidders”) are being called upon to submit their Bid in accordance

with the terms specified in this Biding Document. The Bid shall be valid for a period of not less

than 180 (one hundred and eighty) days from the date specified in Clause 1.3, for submission

of Bids, the Bid Due Date.

1.2.3. The Bidding Documents include the RFP, the draft Contract Agreement for the Projectand any

other document issued by the Authority in relation to this Project. The aforesaid documents

and any addenda issued subsequent to this RFP, will be deemed to form part of the Biding

Documents.

1.2.4. A Bidder is required to submit along with its Bid, anEarnest Money Deposit of Rs.11,81,000/-

(Rupees Eleven Lakh Eighty One Thousand only) (the “Earnest Money Deposit”) refundable

not later than 60 (sixty) days from the Bid Due Date, except in the case of the Selected Bidder

whose Earnest Money Deposit shall be retained till it has provided a Performance Security

under the Contract Agreement. In case the EMD is paid by way of online payment, the same

shall be adjusted towards part amount and the Performance Security in such case has to be

furnished for the balance amount. The Bidders will have to provide Earnest Money

Depositeither in the form of online payment by net-banking / debit card / credit card or in the

form of a Bank Guarantee acceptable to the Authority. The Bidder shall also pay to the

Authority a sum of Rs. 11,800/- (Rupees Eleven ThousandEight Hundred only) which includes

an amount of Rs.1800/- towards GST towards processing fee in the form of a demand draft in

favour of TSIIC payable at Hyderabad” drawn on any scheduled bank. The Bid shall be

summarily rejected if it is not accompanied by the Earnest Money Deposit and the demand

draft towards processing fee.



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1.2.5. Bidders are advised to examine the Project in greater detail and to carry out, at their cost,

proper due diligence of the Project including such studies as may be required for submitting

their respective Bids.

1.2.6. Bids would be evaluated on the basis of the lowest Bid Price (the “Bid Price”) quoted by the

Bidder for execution of works and to be payable as per provisions of the Contract Agreement.

Subject to Clause 3.14, the Project will be awarded to the Bidder quoting the lowest Bid Price.

In this RFP, the term “Lowest Bidder” shall mean the Bidder who’s Bid Price is the lowest.

1.2.7. Generally, the Lowest Bidder shall be the Selected Bidder. The remaining Bidders shall be kept

in reserve and may, in accordance with the process specified in Clause 4 of this RFP, be invited

to match the Bid submitted by the Lowest Bidder in case such Lowest Bidder withdraws or is

not selected for any reason. If none of the other Bidders match the Bid of the Lowest Bidder,

the Authority may, in its discretion, either invite fresh Bids from the remaining Bidders or

annul the Biding Process.

1.3. Schedule of Bidding Process

The Authority shall endeavor to adhere to the following schedule:

Event Description Date

1. Bid Due Date:02.09.2020, before (15.00 hrs IST)

2. Opening of Technical Bids:02.09.2020 at 15.30 hours IST

3. Presentation by technically qualified Bidders:

4. Opening of Financial Bid:Intimated at a later date

5. Letter of Award (LOA) :

6. Validity of Bids: 180 days of Bid Due Date

7. Signing of Contract Agreement: Within 7 days of award of LOA

2. Terms of Reference

2.1. Scope of Work:

The Contractor is responsible to execute the works as per the Scope of Work as defined

hereunder and in conformity with the Specifications as set forth in Annexure III of the RFP. A

more detailed item wise quantities (Bill of Quantities) to be executed has been provided in

Annexure II of the RFP for reference.

1. Loose scaling, removing plantations and large boulders and providing drainage media:

I. The work needs to start after a preparatory work of taking down the loosed material

from hill slope side and large boulders on top of the slope by using suitable mechanism.

II. Any trees, bushes, shrubs, stumps, roots, grass, weeds, rubbish, top organic soil, etc., on

the slope and at the edge of slope needs to be removed by adopting suitable methods.

III. Water seepage marks in the form of patches are observed at many portions of the hill

slope. A proper medium has to be created for release of pore water pressure developed

due to water trapped inside the slope so as to ensure all trapped water is released.



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2. Rock Face Stabilization:

For rock face stabilization, the anchoring system, netting, and rockfall embankment has

been adopted based on the recommendation of IRC Highway Research Board Special

Report 23 on ‘State of the Art: Design and construction of rockfall mitigation systems’. The

rockfall netting has been adopted from IS 16014: 2018: ‘Mechanically woven, double-

twisted, hexagonal wire mesh gabions, revet mattresses and rock fall netting’.

The depth and spacing of rock bolting areadopted based on the IRC Highway Research

Board Special Report 23, State of the Art, Design and construction of rockfall mitigation

system Table 6.1 (Page 107). The rock bolt on theslope surface shall be made of Fe 500

grade steel of 25 mm diameter and up to a depth of 1.5metre along with the rockfall

netting. The rock bolt shall have a tensile capacity of 220 kN. The spacing of the rock bolts

required is 4.0 m c/c in vertical direction and 1.0 m c/c in horizontal direction. The location

of the rock bolts at 1.0 m in horizontal direction should be such that the diagonals

connecting the rock bolts from every 2.0m horizontal interval pass through the rock bolts

at 1.0 m.The rock bolts shall stitch the surface rock to the stable rock mass behind.

The spacing and length requirement for certain locations of the Project site may vary while

execution of works, especially where there is lot of unevenness in rock surface and also

overhang at the top for some stretches. In such areas additional rock bolt installation has

to be carried out,in addition to what has been furnished in the RFP, to make the mesh

adhere to rock surface.

On the surface, the rockfall netting shall be installed which shall provide stability against

any local failures which may happen between the installed rock bolts. Rockfall netting

shall comprise double-twisted wire mesh with top, bottom, edge, and diagonal rope. The

double-twisted wire mesh with the rope cable at edges and diagonals work as a composite

that shall effectively contain smaller and medium size particles on the slope surface. For

severe areas with overhangs, rhomboidal wire rope panel needs to be provided to

effectively take up load coming from any big-sized boulders. The depth of the rock bolts for

the overhang portions shall be 7m.

The system consisting of rock bolting, rockfall netting, and cable wire rope at edges, top,

bottom, and diagonals shall be provided at all locations except the severe areas with

overhangs. Only for the severe areas with overhangs the rock bolting, rockfall netting, and

rhomboidal wire rope panel shall be provided.

A Rockfall Protection Embankment shall be provided at the toe of the slope. The rockfall

protection embankment shall consist of a 3 m high toe gabion wall with a vertical face

towards the road and a trapezoidal section towards the cutting. This trench formed by the

trapezoidal section towards the slope cutting shall also act as a rock trap ditch for any

debris that may slide along the nettings.

3. Perform and fulfill such other obligations incidental to the proposed activities.

The typical cross-sectional view of proposed Rockfall Netting and typical facing view of layout

of anchors, edge rope, bottom rope and diagonal rope is as shown below:



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2.2. Design Criteria, Obligatory Requirements and Specifications

2.2.1. Since the Works are specialized in nature, IIT, Hyderabad had been appointed to carry out the

design for the Project and finalize the scheme for Works execution. Specific equipment and

methodologies need to be adopted for execution of the Works. Therefore, before taking up

the construction activity, using the inputs as provided in this RFP, the Contractor needs to

prepare shop drawingsconsisting of Site elevation drawings clearly showing use of each of the

items mentioned in the Bill of Quantity for approval of the Engineer-in-charge. The proposal

shall provide the construction methodology, work execution plan and such other aspects that

are relevant to Project execution.



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2.2.2. The shop Drawings shall be developed in conformity with the specifications and drawings as

defined in this RFP.

2.2.3. The installation proposal submitted by the Contractor needs to be in line with the

specifications and with the items provided in this RFP. Both the shop drawingsand the

installation proposals shall have to be proof checked with Indian Institute of Technology,

Hyderabad. The proof checking charges have to be borne by the Contractor. It will then be

reviewed and approved for construction by the Engineer - in - Charge. Only after such

approval, the Contractor shall commence the Works at the Project Site.

2.2.4. Any variation in the Scope of Work during execution needs to be proposed by the Contractor

and shall have to be approvedby the Chief Engineer.

2.2.5. Obligatory Requirements: Immediately after signing of the Agreement, the Contractor shall:

a. appoint its authorized representative to deal with the Authority and who shall be

responsible for surveys, investigations, collection of data, and preparation of detailed

designs and execution of works.

b. make its own arrangements for quarrying of materials needed for the Project under and in

accordance with the Applicable Laws and Applicable Permits.

c. submit detailed program for the Works to the Authority, providing the following details:

I. Part I: a). Contractor‘s organization for the Project, b). the general methods and

arrangements for design and construction, c). Quality Assurance Plan including design

quality plan, traffic management and safety plan covering safety of road users and

workers at the Project Site during work execution and d). Contractor‘s key personnel

and equipment.

II. Part II: Program for completion of all the stages of construction and Project Milestones

of the Works in line with the provisions of this RFP. The Program shall include:

i. the order in which the Contractor intends to carry out the Works, including the

anticipated timing of design and stages of Works.

ii. the periods for reviews and certification, by IIT Hyderabad for certification and the

Authority for review. The Contractor shall have to submit a revised program

whenever the earlier Program is inconsistent with the actual progress / Contractor‘s

obligations.

d. The Contractor shall appoint a safety consultant (“Safety Consultant”) to carry out safety

audit at the design stage of the Project in accordance with the Applicable Laws and Good

Industry Practice. The Safety Consultant shall be appointed after proposing to the Authority

a panel of three names of qualified and experienced firms from whom the Authority may

choose one to be the Safety Consultant. Provided, however, that if the panel is not

acceptable to the Authority and the reasons for the same are furnished to the Contractor,

the Contactor shall propose to the Authority a revised panel of three names from the firms

empaneled as safety consultants by the [Ministry of Road Transport and Highways] for



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obtaining the consent of the Authority. The Contractor shall also obtain the consent of the

Authority for the key personnel of the Safety Consultant who shall have adequate

experience and qualifications in safety audit of the projects.

e. the safety audit pursuant to Clause 2.2.5 (d) above shall be carried out by the Safety

Consultant in respect of all such design details that have a bearing on safety of road users

as well as pedestrians involved in or associated with accidents. The recommendations of

the Safety Consultant shall be incorporated in the design of the Project and the Contractor

shall forward to the Authority a certificate to this effect together with the

recommendations of the Safety Consultant. For the avoidance of doubt, the Safety

Consultant to be engaged by the Contractor shall be independent of the design and

implementation team of the Contractor.

f. The Contractor‘s obligations with respect to the design and drawings of the Project shall be:

i. To prepare and submit, with reasonable promptness and in such sequence as is

consistent with the Project Completion Schedule, three copies each of the design and

Drawings, duly certified by IIT, Hyderabad to the Engineer- in-Charge / Engineer’s

representative for review.

ii. by submitting the Drawings for review to the Authority, the Contractor shall be deemed

to have represented that it has determined and verified that the design and

engineering, including field construction criteria related thereto, are in conformity with

the Scope of Work of the Project and the Specifications of the RFP.

iii. if IIT, Hyderabad observes that the Drawings are not in conformity with the Scope of

Work of the Project or / and the Specifications, such Drawings shall be revised by the

Contractor in conformity with the provisions of the Agreement and resubmitted to IIT

Hyderabad for review. In the event the Contractor fails to revise and resubmit such

Drawings to the Authorityfor review as aforesaid, the Engineer-in-Charge may withhold

the payment for the affected works in accordance with the provisions of the contract. If

the Contractor disputes any decision, direction or determination of the Engineer

hereunder, the Dispute shall be resolved in accordance with the Dispute Resolution

Procedure.

iv. No observation of IIT, Hyderabad and/or its failure to convey its observations on any

Drawings shall relieve the Contractor of its obligations and liabilities under this

Agreement in any manner nor shall the IIT, Hyderabad or the Authority be liable for the

same in any manner; and if errors, omissions, ambiguities, inconsistencies, inadequacies

or other Defects are found in the Drawings and the construction works, if carried out in

accordance with such erroneous drawings, shall be corrected at the Contractor's cost.

v. the Contractor shall ensure that its designers, including any third parties engaged by it,

shall have the required experience and capability in accordance with Good Industry

Practice and it shall indemnify the Authority against any damage, expense, liability, loss

or claim, which the Authority might incur, sustain or be subject to arising from any

breach of the Contractor‘s design responsibility and/or warranty set out in this Clause.



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vi. works shall be executed in accordance with the Drawings provided by the Contractor in

accordance with the provisions of this Clause 2.2 and the observations, if any, of IIT,

Hyderabad thereon as communicated. Such Drawings shall not be amended or altered

without prior written notice to IIT, Hyderabad.

2.3. General Requirements

2.3.1. Metal Wire Mesh product comprising ofdoubled twisted hexagonally woven hot dipped

galvanized mild steel wire of diameter not less than 2.7 mm having minimum tensile strength

of 350 N/mm² confirming to IS:280 and or EN 10223-3. The zinc galvanization shall be heavy

coating for soft condition confirming to IS: 4826 and or EN 10244-2. For corrosive

environment, an additional PVC coating of 0.5 mm thickness shall be provided over the zinc

galvanization. The mesh of the box shall be of type (8 x 10) cm for metal gabion and

mattresses respectively as per EN-10223. Mesh shall be doubled twisted at each intersection

and shall be mechanically selvedge along the edge of the boxes. The boxes standard sizes shall

be as per ASTM A 975. The box shall be divided into compartments by diaphragms placed at 1

m center to center.

2.3.2. Indigenously manufactured metal gabion and mattresses shall be used.The Engineer-in-

Charge or Engineer’s representative shall verify the manufacturer’s quality control procedures

and witness testing of products prior to dispatch of the material from the Plant.

2.3.3. Transportation, Storage and Handling

a. Metal gabion and mattresses shall be delivered at site in the form of bundles. All bundles

shall have a label or tag specifying name of the product, name of the manufacturer,

quantity of boxes, and date of manufacture and box dimension.

b. Material shall be protected from mud, dirt, debris, any other harmful substances or

mechanical damage during transportation.

c. Boxes shall be stored in a secure area, sufficiently elevated above the ground and

adequately covered to protect them from the following:

➢ site construction damage,

➢ precipitation,

➢ prolonged exposure like chemicals that are strong acids or strong bases,

➢ flames including welding sparks,

➢ high temperatures; and

➢ from any other environmental conditions that may damage the physical property

values of the Metal Gabion and Mattresses.

d. Any material, which is damaged during transportation, handling or storage and do not meet

the minimum requirements of the specifications is liable for rejection by the Engineer-in-

Charge.

2.3.4. Quality Control & testing



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a. The quality management system of the rockfall netting manufacturer shall conform to the

requirements of ISO 9001:2005 and in-house Laboratory should have well equipped and

products having IS & CE mark.

b. Manufacturer shall issue a test report stating minimum average values of material

properties before shipment is made.

c. Manufacturer shall have in-house PVC manufacturing, coating and testing facilities as per

IS:4826/EN 10245-2 of specific gravity, hardness, tensile strength and elongation. The

Bidder shall have to give a certificate / (MOU) from the manufacturer regarding design

support, vetting of design, supply sufficient quantity of double twisted wire mesh and

technical assistance during work execution.

d. Supplied material shall witness at manufacturer’s well-equipped laboratory by collecting

sample from the Project Site to conduct joint tests with the Engineer-in-Charge/Engineer’s

Representative, Manufacturer and Contractor’s engineers.

The Contractor shall have to furnish proof for all of the above.

2.4. Role & Responsibilities of the Contractor

The obligations of the Contractor during the Works execution are as detailed hereunder:

a. The Contractor shall not sub-contract the whole of the Works and also shall not sub-

contract any part of the Work without prior consent of the Authority. Any such consent

shall not relieve the Contractor from any liability or obligation under the Contract

Agreement and it shall be responsible for the acts, defaults and neglects of any of its sub-

Contractor(s), its agents or workmen as fully as if they were the acts, defaults or neglects

of the Contractor, its agents and workmen.

b. The Contractor has to take Policies and certificates of insurance for whole scope of work

for the total Contract Value and they shall be furnished before commencement of Works.

Failing to comply with the above, the Engineer-in-Charge shall take insurance policy at the

cost of the Contractor duly deducting the premium from the Contractor bills.

c. Trained manpower to be deployed at the Site and to ensure that they always wear

personal protective equipment to avoid injuries health risks.

d. The Contractor shall have to keep the Authority totally indemnified against all claims,

damages, dues, payments, fines, penalties, compensation demands, liabilities and other

losses, if any, that may arise on account of non-compliance or violation of any statutory

provisions or on account of any accident, injury, loss or damage to the vehicles or life or on

any other account.

e. All necessary personal safety equipment as considered adequate shall be kept available for

use. To provide uniforms, safety wear and mobile handsets for Field Supervisors as

prescribed by the Authority.



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f. The Authority reserves the right to impose / enforce any special terms / conditions from

time to time arising out of government orders, if any, or in the interest of the safety of

general public.

g. To establish an office in Hyderabad during Works execution.

h. Responsible for all Permissions & Clearances as amended from time to time and as

applicable to the Project.

i. During Execution of Work, Traffic shall be diverted wherever necessary by barricading and

duly providing Traffic Signals as per the standardspecifications as applicable to the Works.

j. During execution of Works, care shall be taken so that the existing services such as water

supply lines / Electrical Cables / Telephone Cables are not affected. Any damages to the

cable / to any installation shall have to be replaced by the Contractor to the original

position at its own cost.

k. The rock boulders, surplus earth after refilling and leveling at Site must be carted to the

nearest place as directed by the Authority.

2.5. Role & Responsibilities of the Authority

The role and responsibilities of the Authority, during the Works execution are as detailed

hereunder:

a. To facilitate for getting permits and approvals as required for the Project.

2.6. Project Duration:The Scheduled Project Completion Period for execution Works is 9 (nine)

months. The commencement of Works shall be considered from the date of issuing the

Project Commencement Date (PCD) as detailed in the Contract Agreement.Accordingly, the

detailed Project Execution Plan shall have to be proposed by the Bidder to the Authority for

approval.

2.7. Payment Terms:

2.7.1. The payment for the Works shall be at the Unit Rates as quoted by the Contractor in its Bid and

for the quantities of actual work executed. At the end of every calendar month, a joint

measurement of the work done at the Project Site shall be recorded. Please refer to Schedule D

(Detailed Specifications for carrying out the Work) of the Agreement for the basis of

measurement. The payment shall be made as per the procedure as detailed hereunder:

S No. Work Description Payment Process Payment Amount

1

For the Works

executed at the

Site as per the

provisions of the

Contract.

On receipt of Certificate

from IIT, Hyderabadfor

the Works executed in

conformity with the

Specifications as defined

in the RFP.

The payment shall be made to the

Contractor for the quantities of

Works executed at the Unit Rates

as mentioned in Schedule C (Unit

Rates of Payment) of the Contract

Agreement.



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2.7.2. Retention Money @ 7.5% on each of the bill shall be withheld. On completion of the whole of

the Works, half the total amount retained (including EMD ) will be released to the Contractor

and the remaining half when the Defects Liability Period has passed and the Engineer-in-Charge

has certified that all the Defects notified, if any, by the Engineer-in-Charge to the Contractor

before the end of this period have been corrected.

2.7.3. The above payments will be for all the Works executed as per the Scope of Work, subject to

the terms and conditions of the Agreement.

Since the period of execution of Works is 9 (nine) months only and as the Works involve

materials of proprietary in nature and not covered by standard Schedule of Rates (SoR),

variation in Unit Rates is not permitted. Accordingly, the Bidders’ offer of Unit rates in its Bid

Priceshall be deemed to include amounts to cover the contingencies of any increase in costs.

2.7.4. The Authority shall make the payments after deducting Liquidated Damages levied, if any. The

Authority shall pay to the Contractor the bill within 15 days from the date of receipt of the properly

submitted bill.

2.7.5. The following are the guidelines with reference to the roles and responsibilities of field staff,

quality control / quality audit staff of the Authority and Third Party Quality Control Agency and

procedure for recording of work executed in Measurement Book (M Book) for making

payments to the Contractor for the work executed every month including maintenance of the

records and certification of quality of work executed.

a. Field/quality control/quality auditStaff: The field/quality control/quality audit staff has to

associate with the Contractor while conducting the tests. In case of necessity they may

conduct tests independently whenever required.

b. IIT, Hyderabad shall verify the records maintained by the Contractor. The field/quality

control/quality audit staff of the Authority shall check all the components of the works as

per the Scope of Work at critical stages and record independently.

c. IIT, Hyderabad shall issue the Stability Certificate for releasing final payment to the

Contractor based on the test results for the material supplied at the Site and field tests

carried out for the Works executed at the Site. In this regard, IIT, Hyderabad shall also

make a monthly Site inspection and issue works execution Certificate in conformity with

the defined Specifications. It shall also witness/observe any critical field tests of

importance. The charges for these services of IIT, Hyderabad shall have to be borne by the

Contractor.

2.8. Defect Liability Period:

Defect Liability Period is 2 (two) years from issue of Completion Certificate, subject to the

provisions of the Agreement.

3. INSTRUCTIONS TO BIDDERS

A. GENERAL

3.1. General terms of Biding

3.1.1. No Bidder shall submit more than one Bid.



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3.1.2. Drone Survey Report (the “Drone Survey Report”) as prepared by IIT, Hyderabad is provided

along with the RFP only as a reference document by way of assistance to the Bidders who are

expected to carry out their own surveys, investigations and other detailed examination of the

Project before submitting their Bids. Nothing contained in the Drone Survey Report shall be

binding on the Authority nor confer any right on the Bidders, and the Authority shall have no

liability whatsoever in relation to or arising out of any or all contents of the Drone Survey

Report.

3.1.3. Notwithstanding anything to the contrary contained in this RFP, the detailed terms specified in

the draft Contract Agreement shall have overriding effect; provided, however, that any

conditions or obligations imposed on the Bidder hereunder shall continue to have effect in

addition to its obligations under the Contract Agreement.

3.1.4. The Bid should be furnished in the formats as specified in the appendices. Bid amount shall be

indicated clearly in both figures and words, in Indian Rupees, and signed by the Bidder’s

authorized signatory. In the event of any difference between figures and words, the amount

indicated in words shall be taken into account. The Bidders should ensure that all the

information required to be provided by them under the Biding Documents is included in their

Bid whether or not a particular format specified herein makes provision for submission of such

information and/or whether or not a format for submission of such information is incorporated

in the Biding Documents.

3.1.5. The Bidder shall submit a Earnest Money Deposit of Rs. 11,81,000/- (Rupees Eleven Lakhs

Eighty OneThousand only) in accordance with the provisions of this RFP. The Bidderhas to

provide the Earnest Money Deposit in the form of BG or online payment. The Bid should also

be accompanied by a non-refundable demand draft for Rs. 11,800/- (Rupees Eleven

ThousandEight Hundred only) towards processing fee.

3.1.6. The Bid shall be summarily rejected if it is not accompanied by the Earnest Money Deposit. The

Earnest Money Deposit shall be refundable no later than 60 (sixty) days from the Bid Due Date

except in the case of the Selected Bidder whose Earnest Money Deposit shall be retained till it

has provided a Performance Security under the Contract Agreement.

3.1.7. The Bidder should submit a Power of Attorney as per the format at Appendix–V, authorizing

the signatory of the Bid to commit the Bidder.

3.1.8. Any condition or qualification or any other stipulation contained in the Bid shall render the Bid

liable to rejection as a non-responsive Bid.

3.1.9. The Bid and all communications in relation to or concerning the Biding Documents and the Bid

shall be in English language.

3.1.10. The Bidding Documents including this RFP and all attached documents, provided by the

Authority are and shall remain or become the properties of the Authority and are transmitted

to the Bidders solely for the purpose of preparation and the submission of a Bid in accordance

herewith. Bidders are to treat all information as strictly confidential and shall not use it for any

purpose other than for preparation and submission of their Bid. The provisions of this Clause

3.1.10 shall also apply mutatis mutandis to Bids and all other documents submitted by the



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Bidders, and the Authority will not return to the Bidders any Bid, document or any information

provided along therewith.

3.1.11. Any award of Contract pursuant to this RFP shall be subject to the terms of Biding Documents.

3.1.12. The Bidder should be a sole firm (the “Sole Firm”) only and Consortium/Joint Venture is not

allowed.

3.1.13. Any entity which has been barred by the Central/State Government, or any entity controlled by

it, from participating in any project (BOT or otherwise), and the bar subsists as on the date of

the Bid, would not be eligible to submit theBid.

3.1.14. A Bidder or Associate should, in the last 3 (three) years, have neither failed to perform on any

contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial

pronouncement or arbitration award against the Bidder, or Associate, as the case may be, nor

has been expelled from any project or contract by any public entity nor have had any contract

terminated any public entity for breach by such Bidder, or Associate.

Authority would place sole reliance on the certification provided by the Bidder in this regard in

its letter comprising the Technical Bid.

3.1.15. In computing the Technical Capacity of the Bidder under Clauses 3.2, 4.3 and 4.4, the Technical

Capacity of their respective Associates would also be eligible as detailed hereunder:

For the purposes of this RFP, Associate means, in relation to the Bidder, a person who controls,

is controlled by, or is under the common control with such Bidder (the “Associate”). As used in

this definition, the expression “control” means, with respect to a person which is a company or

corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting

shares of such person, and with respect to a person which is not a company or corporation, the

power of direct the management and policies of such person by operation of law.

A certificate from a qualified external auditor who audits the book of accounts of the Bidder

shall be provided to demonstrate that a person is an Associate of the Bidder as the case may be.

3.1.16. If any services, functions or responsibilities not specifically described in this RFP are inherent,

necessary or customary part of the deliverables or services and are required for proper

performance or provision of the deliverables or services in accordance with this RFP, they shall

be deemed to be included within the scope of the deliverables or services, as if such services,

functions or responsibilities were specifically required and described in this RFP and shall be

provided by the Bidder.

3.2. ELIGIBILITY AND TECHNICAL QUALIFICATIONS

3.2.1. Eligibility:

a) Civil Contractors / Contracting firms / steel gabion manufacturers of India.

b) Similar nature of work: The Bidder should have satisfactorily completed similar nature of

work of value not less than Rs. 7.87 crore as a Prime Contractor in any one Financial Year



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during the last 10 financial years. Sub-contractors /GPA holders experience shall not be

considered.

c) Physical Quantities: The Bidder should have successfully executed the following items in

construction in any one Financial Year during the last 10 years:

1. Providing and placing ISI marked & CE marked mechanically Woven Double Twisted

Hexagonal Shaped Wire Mesh Gabion Boxes as per IS 16014: 2018, Zn + Al + PVC coated,

mechanically edged / selvedged– 2144.00 Cum

2. Providing and spreading of ISI marked & CE marked mesh comprising of double twisted

Hexagonal shaped mechanically woven wire mesh as per IS 16014: 2018, Zn + Al coated,

top support rope, bottom support rope, edge rope and additional diagonal rope, lacing

wire, U-clamps, thimbles, with all other accessories including safety, required to fix the

steel wire mesh in place as per technical specifications as per clause 5.3.4 & 6.2 of IRC

Highway Research Board Special report 23, State of Art: Design and construction of Rock

fall mitigation system – 10,286.00 Sqm

3. Drilling 75mm diameter bore hole at all heights on the slope face to required depth,

providing and fixing Fe500 RE bars, yield load more than 500 N/Sq.mm, hexagonal nut,

washer plate, coupler for connecting bars, and full length grouting with admixture as per

clause 2.3.2 & 6.1 of IRC Highway Research Board Special report 23, State of Art: Design

and construction of Rock fall mitigation system – 3461 Running metre.

d) The Bidder shall have minimum annual turnover of Rs.15.75 Crores in any one Financial Year

during the last 10 Financial years.

e) Liquid asset / credit facilities / Solvency certificates

The bidder should produce liquid asset / credit facilities / Solvency certificates from any

Indian Nationalized / Scheduled Banks of value not less than Rs. 3.94 crores on current

date.The audited balance sheet for the last ten financial years certified by a Chartered

Accountant shall also be submitted and must demonstrate the soundness of the applicant’s

financial position. Where necessary, the Authority may make inquiries with the Bidders’

bankers.

f) Bid Capacity: Assessed available Bid capacity as per formula (2AN-B) should be greater than

Estimated Contract Value of Rs. 11.81 Crores.

A= Maximum Value of Civil Engineering works executed in any one financial year during the

last ten financial years updated by giving 10% simple weightage per year to bring them to

2020-2021 price level taking into account the completed as well as works in progress.

N= Number of years prescribed for completion of the works for which tenders are invited.

B=Value of existing commitments and ongoing works to be completed during the period of

completion of the project for which tenders are invited. The value of works for which

Tenders are submitted [awarded / likely to be awarded] will also be considered as existing



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commitments. The value of existing commitments will be updated to 2020-2021 price level

as done in case of value of ‘A’.

g) The Bidder should furnish the availability (either owned or leased) of key and critical

equipment required for the Works.

The bidder shall give a declaration on Rs.100/- Non-Judicial Stamp Paper stating that it shall

deploy the following minimum key and critical equipment (by owning or leasing or hiring)

along with spare provisions to have uninterrupted execution of the Works.

1. Grout agitator

2. Compressor 600 CFM

3. Drilling equipment percussion type (DTH)

4. Any other equipment as required for execution of Works.

h) Personnel Capabilities –Technical Personnel deployment:

i. The bidder should furnish availability of technical personnel with adequate experience at

the Site.

ii. The bidders should have quality control testing Lab owned or tie up with established

quality control testing laboratories.

iii. The bidder should furnish copies of the PAN Card and submission of Income Tax Returns

along with proof of receipt.

iv. The bidder should furnish the GST Registration Certificate and Latest GST Clearance

certificate.

i) MOU

a) In case the Bidder is a civil contractor/ contracting firm, it shall have to furnish a

certificate / (MOU) from the manufacturer regarding design support, vetting of design,

supply sufficient quantity of double-twisted-wire mesh gabion and mattresses, and

technical assistance during execution to the contractor for this project.

b) In case the Bidder is a gabion manufacturing firm, it shall have to furnish a certificate /

(MOU) from the Civil Contractor/Contracting firm regarding execution of works at the

site for the project.

Note:

I. All the eligibility criteria shall be satisfied by the Bidder. Joint Ventures (JV) shall not be

considered.

II. Companies who have either applied for or have been got approved for CDR (Corporate

Debt Restructuring) are not allowed to participate in the tender.

III. The Bidder should enclose the Experience Certificates in support of its Qualification to Bid.

Issued by the Engineer – In - charge of the State / Central Government Departments /

Undertakings not below the rank of Executive Engineer or Equivalent and countersigned by

the next higher authority not below the Rank of SE or Equivalent. Certificate of experience in

case of Contractor works issued by an SPV should be countersigned by the concerned

Government department/agency. Further, the experience certificates should clearly indicate

the date of commencement of work, date of completion, Financial Year Wise Breakup of the

values of similar works done and physical quantities/ Items execute.

3.2.2. Technical Qualifications:



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S No. Technical Qualifications Max.

Marks Documents to be submitted

1

Similar nature of work experience in India inthe

least 10 (ten) years:

1. Single project of value not less than Rs.7.87

crores: 5 marks;

2. Each additional project of value not less than

Rs.7.87 crore: 5 marks each.

To claim relevant experience, the entity claiming

the experience should have been appointed/hired

directly by the government. Subcontracting will

not be considered.

30

Photocopies of the

certificates, any other

relevant documents /

certificates should be

established. The details

should cover Bidder

experience in execution of

the works.

2

Average annual turnover in India in the last 10

(ten) years:

1. Turnover of minimum Rs.15.75 crore- 20 marks;

2. Turnover of minimum Rs.31.50 crore and less

than Rs.47.25 crore-25 marks; and

3. Turnover >Rs.47.25 crore – 30 marks.

30 Audited Balance Sheet / CA

certificate.

3 Availability of owned critical equipment 10 Self-declared form.

4 Availability of Key Staff (personnel) members 10

Self-declared form along

with the CVs of each of the

Key Personnel.

5

The Works envisage Specific equipment and

methodologies that need to be adopted for

planning and execution of the work. Therefore,

the Bidder has to prepare a detailed proposal of

construction methodology, work execution

planned and such other aspects that are relevant

to Project execution. The Bidder shall have to

furnish the write-up along with adequate data

explaining and establishing its technical

capabilities to perform the contract (if awarded)

within the stipulated time period.

Additionally, Bidders have to give a Presentation

before the Technical Committee outlining on each

of the proposed activities along with the Approach

& the Methodology for execution of works.

Evaluation weightage:

1. Construction Methodology: 30%;

2. Work execution plan along with the details of

resources (staff and machinery) that would be

mobilized for the Project: 30%;

3. Details on the materials to be used, the quality

20

The Technical Bid has to be

furnished in the format as at

Appendix III. All the

necessary documents in

support of the Technical

Qualifications have to be

furnished to the satisfaction

of the Authority for

evaluation.



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management system of the rockfall netting

manufacturer and details of in-house Laboratory

& testing facilities along with the MoU from the

manufacturer regarding design support, vetting of

design, supply sufficient quantity of double

twisted wire mesh and technical assistance during

work execution, and in case the Bidder is a

manufacturer, shall also have to provide the

credentials of the contractor / contracting firm:

40%.

Total 100

*Necessary documents have to be submitted to the satisfaction of the Authority.

Those Bidders who score a minimum of 70 marks in the technical qualifications as set out

above shall only be shortlisted for opening of the Price Bids.

3.2.3. Tenders with an excess of above 5% of the Estimated Contract Value (ECV) shall be summarily

rejected.

3.2.4 The contractor shall ensure strict compliance of the provisions of the Employees Provident Fund Act 1952 and the scheme framed there under in, so far as they are applicable to their establishment and agencies engaged by them. The contractor is further required to indemnify the Corporation against any loss of damage whatsoever that may be suffered by the Corporation as a result of any claims, damages or penalties for any failure or noncompliance on their part with the provisions of the aforesaid. Act and the scheme framed there under.

The contractor shall ensure implementation of all the relevant provision of the above act and shall deemed to be the principal employer for the purpose. Accordingly they will get themselves registered with the concerned statutory authority as provided under the Act and shall be directly responsible to the authorities thereunder for compliance with the provisions thereof.

In pursuance of the above provisions, the contractor is required to maintain Attendance Register for all his employees employed for the subject work and other records and cause recovery of their P.F. contributions from their wages / salaries and remit the same along with the Employer's Contribution to the Regional Provident Fund Authorities with necessary returns.

3.3. Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the preparation of their Bids

and their participation in the Biding Process. The Authority will not be responsible or in any way

liable for such costs, regardless of the conduct or outcome of the Biding Process.

3.4. Site visit and verification of information

3.4.1. Bidders are encouraged to submit their respective Bids after visiting the Project Site and

ascertaining for themselves the conditions at the Project Site, surroundings, availability of

power, water & other utilities for construction, access to sites, handling and storage of

materials, weather data, applicable laws and regulations and any other matter considered

relevant by them. No financial claims for such visits and for collection of information shall be

reimbursable. The Bidders can contact at email id: [email protected] for any help in

logistics.

3.4.2. It shall be deemed that by submitting a Bid, the Bidder has:



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a. made a complete and careful examination of the Biding documents.

b. received all relevant information requested from the Authority.

c. accepted the risk of inadequacy, error or mistake in the information provided in the Biding

documents or furnished by or on behalf of the authority relating to any of the matters

referred to in clause 3.4.1 above.

d. satisfied itself about all matters, things and information including matters referred to in

clause 3.4.1 hereinabove necessary and required for submitting an informed Bid,

execution of the project in accordance with the Biding documents and performance of all

of its obligations thereunder.

e. acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

information provided in the Biding documents or ignorance of any of the matters referred

to in clause 3.4.1 hereinabove shall not be a basis for any claim for compensation,

damages, extension of time for performance of its obligations, loss of profits etc. from the

authority, or a ground for termination of the Contract Agreement by the Contractor;

f. acknowledged that it does not have a conflict of interest; and

g. agreed to be bound by the undertakings provided by it under and in terms hereof.

3.4.3. The Authority shall not be liable for any omission, mistake or error in respect of any of the

above or on account of any matter or thing arising out of or concerning or relating to RFP, the

Biding Documents or the Biding Process, including any error or mistake therein or in any

information or data given by the Authority.

3.5. Verification and Disqualification

3.5.1. The Authority reserves the right to verify all statements, information and documents submitted

by the Bidder in response to the RFP or the Biding Documents and the Bidder shall, when so

required by the Authority, make available all such information, evidence and documents as

may be necessary for such verification. Any such verification, or lack of such verification, by the

Authority shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect

any rights of the Authority there under.

3.5.2. The Authority reserves the right to reject any Bid and appropriate the Earnest Money Deposit

if:

a. at any time, a material misrepresentation is made or uncovered, or

b. The Bidder does not provide, within the time specified by the Authority, the supplemental

information sought by the Authority for evaluation of the Bid.

3.5.3. Such misrepresentation/ improper response shall lead to the disqualification of the Bidder. If

such disqualification / rejection occurs after the Bids have been opened and the Selected

Bidder gets disqualified / rejected, then the Authority reserves the right to:

i. Invite the second, third and so on ranked Bidders to submit their Bids in accordance with

Clause 4.6.1; or



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ii. Take any such measure(s) as may be deemed fit in the sole discretion of the Authority,

including annulment of the Biding Process.

3.5.4. In case it is found during the evaluation or at any time before signing of the Contract

Agreement or after its execution and during the period of subsistence thereof, that one or

more of the pre-qualification conditions have not been met by the Bidder, or the Bidder has

made material misrepresentation or has given any materially incorrect or false information, the

Bidder shall be disqualified forthwith if not yet appointed as the Contractor either by issue of

the LOA or entering into of the Contract Agreement, and if the Selected Bidder has already

been issued the LOA or has entered into the Contract Agreement, as the case may be, the same

shall, notwithstanding anything to the contrary contained therein or in this RFP, be liable to be

terminated, by a communication in writing by the Authority to the Selected Bidder or the

Contractor, as the case may be, without the Authority being liable in any manner whatsoever

to the Selected Bidder or Contractor. In such an event, the Authority shall be entitled to forfeit

and appropriate the Earnest Money Deposit or Performance Security, as the case may be, as

Damages, without prejudice to any other right or remedy that may be available to the

Authority under the Biding Documents and/ or the Contract Agreement, or otherwise.

Incomplete Bids or Bids not fulfilling any of the conditions specified in the RFP document are

liable to be rejected without assigning any reason.

A. DOCUMENTS

3.6. Contents of the RFP

3.6.1. This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below, and will

additionally include any Addenda issued in accordance with Clause 3.8.

Invitation for Proposals

Section 1. Introduction

Section 2. Terms of Reference

Section 3. Instructions to Bidders

Section 4. Evaluation of Bids

Section 5. Fraud and Corrupt Practices

Section 6. Miscellaneous

Appendices

I. Letter comprising Bid along with Details of Bidder in appendix I-Annex I.

II. Details of Eligible Projects (Statement I to Statement VIII)

III. Technical Bid

IV. Financial Bid

V. Power of Attorney for signing of Bid

VI. Anti-Collusion Certificate.

3.6.2. The draft Contract Agreement along with the Schedules provided by the Authority as part of

the Biding Documents shall be deemed to be part of this RFP.



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3.7. Clarifications

3.7.1. Bidders requiring any clarification on the RFP may notify the Authority in writing and by e-mail

[email protected]. They should send in their queries on or before the date mentioned

in the Schedule of Bidding Process specified in Clause 1.3. The Authority shall endeavour to

respond to the queries within the period specified therein, but no later than 10 (ten) days prior

to the Bid Due Date. The responses will be placed in the TSIIC website. The Authority will

forward all the queries and its responses thereto, to all Bidders without identifying the source

of queries.

3.7.2. The Authority shall endeavour to respond to the questions raised or clarifications sought by the

Bidders. However, the Authority reserves the right not to respond to any question or provide

any clarification, in its sole discretion, and nothing in this Clause shall be taken or read as

compelling or requiring the Authority to respond to any question or to provide any clarification.

3.7.3. Requests for additional information, or any delay in complying with such requests, shall not,

however, in any way affect the obligation of the Bidder to send the complete Bids by the

deadline indicated above.

3.7.4. The Authority may also on its own motion, if deemed necessary, issue interpretations and

clarifications to all Bidders. All clarifications and interpretations issued by the Authority shall be

deemed to be part of the Biding Documents. Verbal clarifications and information given by

Authority or its employees or representatives shall not in any way or manner be binding on the

Authority.

3.8. Amendment of RFP

3.8.1. At any time prior to the Bid Due Date, the Authority may, for any reason, whether at its own

initiative or in response to clarifications requested by a Bidder, modify the RFP by the issuance

of Addenda.

3.8.2. Any Addendum issued hereunder will be in writing and shall be placed in the Authority’s

website.

3.8.3. In order to afford the Bidders a reasonable time for taking an Addendum into account, or for

any other reason, the Authority may, in its sole discretion, extend the Bid Due Date.

C. PREPARATION AND SUBMISSION OF BIDS

3.9. Format and Signing of Bid

3.9.1. Bidder shall in its Bid provide all the information sought under the Biding Documents. The

Authority will evaluate only those Bids that are received in the required formats and complete

in all respects.

3.9.2. The Bidder shall prepare and submit its Bid in original.

3.9.3. All the pages of Bid including brochures, leaflets, etc., should be made in an organized,

structured, and neat manner. Brochures / leaflets etc. should not be submitted in loose form.



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The Bid and its copy shall be typed or written in indelible ink and signed by the authorised

signatory of the Bidder who shall also initial each page, in blue ink. In case of printed and

published documents, only the cover shall be initialled. All the alterations, omissions, additions

or any other amendments made to the Bid shall be initialled by the person(s) signing the

Bid.Bids with erasing / overwriting / cutting which are without authentication will be liable for

rejection.

3.10. Sealing and Marking of Bids

3.10.1. The Bid shall consist of three envelopes:

Envelope 1: a. Documents pertaining to Eligibility&b: Documents pertaining to Technical Bid.

Envelope 2: Financial Bid.

Envelope 3: Outer envelope containing the two envelopes as mentioned above.

3.10.2. The documents to be submitted in each of the envelopes shall include:

Envelope 1: Eligibility; (envelope should clearly be marked as “Envelope 1: Eligibility&

Technical Bid”) and shall contain the following:

a. Bid in the prescribed format specified at Appendix-I, Appendix I-Annex I and Appendix-II

along with the required supporting documents to demonstrate the Bidder’s eligibility &

Technical Qualifications as set out in Clause 3.2.1 (Eligibility)andClause 3.2.2 of the RFP.

Technical Bid shall contain all the documents in support of technical qualification

requirements as described in Clause 3.2.2 of the RFP including the Technical Bid in the

format as specified at Appendix III.

b. Earnest Money Deposit along with demand draft towards processing fee.

c. Power of Attorney for signing of Bid in the format at Appendix–V.

d. Anti-collusion certificate in the format at Appendix VI; and

e. A copy of the Draft Contract Agreement with each page initialled by the person signing the

Bid in pursuance of the Power of Attorney referred to in Clause (c) hereinabove.

Envelope 2: Financial Bid (the envelope should clearly be marked as “Envelope 2: Financial Bid”)

The Financial Bid shall be submitted in the format specified at Appendix – IV.

3.10.3. The twoenvelopes specified in Clauses 3.10.1&3.10.2 shall be placed in an outer envelope,

which shall be sealed. Each of the three envelopes shall clearly bear the following

identification:

“Executing safety works on turnkey basis at the road adjacent to Bio-diversity Park, Hitech City,

Hyderabad of TSIIC Cyberabad Zone for mitigating hazards” on Engineering, Supply &execution

basis and shall clearly indicate the number of the envelope, name and address of the Bidder. In

addition, the Bid Due Date should be indicated on the right-hand top corner of each of the

envelopes. Each envelope shall be individually sealed.



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3.10.4. Each of the envelopes shall be addressed to:

ADDRESS: The Chief Engineer

Telangana State Industrial Infrastructure Corporation Ltd.

5th floor, ParisramaBhavanam,


Hyderabad 500 004.

3.10.5. If the envelopes are not sealed and marked as instructed above, the Authority assumes no

responsibility for the misplacement or premature opening of the contents of the Bid

submitted and consequent losses, if any, suffered by the Bidder.

3.10.6. Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall be rejected.

3.11. Bid Due Date

3.11.1. Bids should be submitted before 15:00 hours IST on the Bid Due Date at the address provided

in Clause 3.10.4 in the manner and form as detailed in this RFP.

3.11.2. The Authority may, in its sole discretion, extend the Bid Due Date by issuing an Addendum in

accordance with Clause 3.8 uniformly for all Bidders.

3.12. Late Bids

Bids received by the Authority after the specified time on the Bid Due Date shall not be eligible

for consideration and shall be summarily rejected.

3.13. Modifications/Substitution/Withdrawal of Bids

3.13.1. The Bidder may modify, substitute or withdraw its Bid after submission, provided that written

notice of the modification, substitution or withdrawal is received by the Authority prior to the

Bid Due Date. No Bid shall be modified, substituted or withdrawn by the Bidder on or after the

Bid Due Date.

3.13.2. The modification, substitution or withdrawal notice shall be prepared, sealed, marked, and

delivered in accordance with Clause 3.13, with the envelopes being additionally marked

“MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate.

Any alteration/ modification in the Bid or additional information supplied subsequent to the Bid

Due Date, unless the same has been expressly sought for by the Authority, shall be disregarded.

3.14. Rejection of Bids

3.14.1. Notwithstanding anything contained in this RFP, the Authority reserves the right to reject any

Bid and to annul the Biding Process and reject all Bids at any time without any liability or any

obligation for such acceptance, rejection or annulment, and without assigning any reasons

therefor. In the event that the Authority rejects or annuls all the Bids, it may, in its discretion,

invite all eligible Bidders to submit fresh Bids hereunder.



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3.14.2. The Authority reserves the right not to proceed with the Biding Process at any time, without

notice or liability, and to reject any Bid without assigning any reasons.

3.15. Validity of Bids

The Bids shall be valid for a period of not less than 180 (one hundred and eighty) days from the

Bid Due Date. The validity of Bids may be extended by mutual consent of the respective Bidders

and the Authority.

3.16. Confidentiality

Information relating to the examination, clarification, evaluation and recommendation for the

Bidders shall not be disclosed to any person who is not officially concerned with the process or

is not a retained professional advisor advising the Authority in relation to, or matters arising

out of, or concerning the Biding Process. The Authority will treat all information, submitted as

part of the Bid, in confidence and will require all those who have access to such material to

treat the same in confidence. The Authority may not divulge any such information unless it is

directed to do so by any statutory entity that has the power under law to require its disclosure

or is to enforce or assert any right or privilege of the statutory entity and/ or the Authority or as

may be required by law or in connection with any legal process.

3.17. Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain any correspondence

with any Bidder in relation to acceptance or rejection of any Bid.

D. EARNEST MONEY DEPOSIT

3.18. Earnest Money Deposit

3.18.1. The Bidder shall furnish as part of its Bid, anEarnest Money Deposit referred to in Clauses 3.1.5

and 3.1.6 hereinabove either in the form of Bank Guarantee in favor of TSIIC and drawn on any

scheduled bank or through online payment. For the avoidance of doubt, Scheduled Bank shall

mean a bank as defined under Section 2(e) of the Reserve Bank of India Act, 1934.

3.18.2. The Authority shall not be liable to pay any interest on the Earnest Money Deposit so made and

the same shall be interest free.

3.18.3. Any Bid not accompanied by the Earnest Money Deposit and the Demand Draft towards the

processing fee shall be summarily rejected by the Authority as non-responsive.

3.18.4. Save and except as provided in Clause 1.2.4, the Earnest Money Deposit of unsuccessful

Bidders will be returned by the Authority, without any interest, as promptly as possible on

acceptance of the Bid of the Selected Bidder or when the Biding process is cancelled by the

Authority, and in any case within 60 (sixty) days from the Bid Due Date. Where Earnest Money

Deposit has been paid by net-banking, the refund thereof shall be to the same account from

where the EMD has been paid.



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3.18.5. The Selected Bidder’s Earnest Money Deposit will be returned, without any interest, upon the

Contractor signing the Contract Agreement and furnishing the Performance Security in

accordance with the provisions thereof. The Authority may, at the Selected Bidder’s option,

adjust the amount of Earnest Money Deposit in the amount of Performance Security to be

provided by him in accordance with the provisions of the Contract Agreement.

3.18.6. The Authority shall be entitled to forfeit and appropriate the Earnest Money Deposit as

Damages inter alia in any of the events specified in Clause 3.18.7 herein below. The Bidder, by

submitting its Bid pursuant to this RFP, shall be deemed to have acknowledged and confirmed

that the Authority will suffer loss and damage on account of withdrawal of its Bid or for any

other default by the Bidder during the period of Bid validity as specified in this RFP. No

relaxation of any kind on Earnest Money Deposit shall be given to any Bidder.

3.18.7. The Earnest Money Deposit shall be forfeited as Damages without prejudice to any other right

or remedy that may be available to the Authority under the Biding Documents and/ or under

the Contract Agreement, or otherwise, if

a. a Bidder submits a non-responsive Bid.

b. a Bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice as specified in Clause 4 of this RFP.

c. a Bidder withdraws its Bid during the period of Bid validity as specified in this RFP and as

extended by mutual consent of the respective Bidder(s) and the Authority.

d. the Selected Bidder fails within the specified time limit –

i. to sign and return the duplicate copy of LOA; or

ii. to sign the Contract Agreement; or

iii. to furnish the Performance Security within the period prescribed therefor in the

Contract Agreement.

e. The Selected Bidder, having signed the Contract Agreement, commits any breach thereof

prior to furnishing the Performance Security.

4. EVALUATION OF BIDS

4.1. Opening and Evaluation of Bids

4.1.1. The Authority shall open the Envelope 1 of the Bids at 15:30 hours IST on the Bid Due Date, at

the place specified in Clause 3.10.4 and in the presence of the Bidders who choose to attend.

a. Bids received by the due date and time and in sealed cover will only be considered for

opening and evaluation. Bids other than stated will be summarily rejected.

b. Authorized representatives of the participating firms are requested to be present during

Bid opening.



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c. The details of the authorized representatives (who choose to attend) present will be

recorded.

d. Name of the firms that submitted the Bids will be read aloud in the presence of firm’s

representatives and will be recorded.

e. Each Bid will be given a number in the ascending order and will be recorded against total

number of Bids. For instance, if the total number of Bids received is five, the first Bid will

be recorded as 1/5, the second as 2/5 and so on.

In case the Bid submission date is deferred due to declared holiday on the Bid submission date,

the opening of Bids also will be deferred in line with the extended Bid submission date.

If any of the Bidders or all Bidders who submitted the Bid are not present during the specified

date and time of opening it will be deemed that such Bidder(s) is / are not interested to

participate in the opening of the Bid/s and the Authority at its discretion will proceed further

with opening of technical Bid in their absence.

4.1.2. The Technical Committee constituted by the Authority will subsequently examine and evaluate

the Bids in accordance with the provisions set out in this Section 4.

4.1.3. To facilitate evaluation of Bids, the Authority may, at its sole discretion, seek clarifications in

writing from any Bidder regarding its Bid.The Bidder has to respond to the Authority and

submit the relevant proof /supporting documents required against clarifications, if applicable.

The request for such clarifications and the Bidders response will necessarily be in writing and it

should be submitted within the time frame stipulated by the Authority.

4.2. Tests of responsiveness

4.2.1. Prior to evaluation of Bids, the Authority shall determine whether each Bid is responsive to the

requirements of this RFP. A Bid shall be considered responsive if:

a. It is received as per the formats at Appendix–I to Appendix-III.

b. It is received by the Bid Due Date including any extension thereof pursuant to Clause

3.11.2.

c. It is signed, sealed, bound together in hard cover and marked as stipulated in Clauses 3.10

and 3.11.

d. It is accompanied by the Earnest Money Deposit and the demand draft towards processing

fee as specified in Clause 3.1.5.

e. It is accompanied by the Power of Attorney as specified in Clause 3.1.7.

f. It contains all the information (complete in all respects) as requested in this RFP and/or

Biding Documents (in formats same as those specified).

g. It does not contain any condition or qualification; and



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h. It is not non-responsive in terms hereof.

4.2.2. The Authority reserves the right to reject any Bid which is non-responsive and no request for

alteration, modification, substitution or withdrawal shall be entertained by the Authority in

respect of such Bid. Provided, however, that the Authority may, in its discretion, allow the

Bidder to rectify any infirmities or omissions if the same do not constitute a material

modification of the Bid.

4.3. EVALUATION OF ENVELOPE 1: ELIGIBILITY

4.3.1. For the purpose of meeting eligibility criteria under envelope 1, the Bidder shall have to

demonstrate that it fulfils the financial criteria and the technical criteria stipulated under

Clause 3.2.1 of the RFP.

4.3.2. The Bidder, not meeting either or both of the financial and technical criteria described under

Clause 3.2.1 of the RFP, shall be disqualified from the Biding Process, and its Earnest Money

Deposit shall be returned as per Clause 3.18.4.

4.3.3. Only those Bidders whose Bids were declared responsive as per Clause 4.2, and who meet both

financial and the technical criteria requirements as per the Clause 4.2.1 shall have their

Technical Bids evaluated as per Clause 4.4.

4.4. EVALUATION OF TECHNICAL BID

4.4.1. The Technical Committee shall open the Technical Bids of those Bidders whose Bids were

declared responsive in accordance with Clause 4.2 and who also meet both financial and

technical criteria set out in Clause 3.2.1.

4.4.2. The Technical Bids shall contain all the information in the format as described in Appendix III

and the documents in support of the Bidders technical qualifications as set out in Clause 4.2.2

of the RFP. In this regard, all the Bidders whose Technical Bids does not provide the

information, and/or the supporting documents as required shall be declared non-complaint

and shall be disqualified from the Biding Process and the Earnest Money Deposit shall be

returned as per Clause 3.18.4.

4.4.3. The Technical Committee shall evaluate compliant Technical Bids as per the evaluation criteria

set out in Clause 3.2.2.

4.4.4. Only those Bidders who score a minimum of 70 marks in the technical qualifications as set out

in Clause 3.2.2 shall be shortlisted for opening of the Price Bids.

4.4.5. Biddersshortlisting is subject to disqualification if they have made misleading or false

representations in the forms, statements and attachments submitted in proof of the

qualification requirements, and / or record of poor performance such as abandoning the works,

not properly completing the contract, inordinate delays in completion, litigation history, or

financial failures etc.



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4.4.6. The Technical Committee will prepare the list of shortlisted Bidders and they will be intimated

at the email addresses as provided to the Authority.

4.5. EVALUATION OF ENVELOPE 2: FINANCIAL BID

4.5.1. The Authority shall open the Financial Bids contained in Envelope 2 of those Bidders who have

been shortlisted for further evaluation.

4.5.2. Financial Bids shall be opened in presence of the Bidders’ representatives on the date of

financial Bid opening. The Bid Price in the Financial Bid as per Appendix –IV (Financial Bid) will

be considered as the financial Bid.

4.5.3. The Authority will determine whether the Financial Bids are complete, unqualified and

unconditional. The Bid Price indicated in the Financial Bid shall be deemed as final. The Bidder

with lowest assessed Bid Price shall be the Lowest Bidder and shall be the Selected Bidder,

subject to the provisions of this RFP.

4.6. SELECTION OF BIDDER

4.6.1. Subject to the provisions of Clause 3.14.1, the Bidder whose Bid is adjudged as responsive in

terms of Clause 4.3 and 4.4 and who’s Bid Price is the lowest, shall be declared as the selected

Bidder (the “Selected Bidder”). The second, third and so on ranked Bidders shall be kept in

reserve and may be invited for negotiations in that order in case the first ranked Bidder

withdraws or fails to comply with the requirements specified in the RFP, as the case may be.

4.6.2. In the event that, the Bid Price of two or more Bidders is the same (the “Tie Bids”), the

Authority shall declare the selected Bidder as the Bidder who has higher average annual

turnover in the last ten years, i.e., from 2009-10 to 2018-19.

4.6.3. After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the Authority to

the Selected Bidder and the Selected Bidder shall, within 7 (seven) days of the receipt of the

LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In the event

the duplicate copy of the LOA duly signed by the Selected Bidder is not received by the

stipulated date, the Authority may, unless it consents to extension of time for submission

thereof, appropriate the Earnest Money Deposit of such Bidder as Damages on account of

failure of the Selected Bidder to acknowledge the LOA, and the next eligible Bidder may be

invited for negotiations.

4.6.4. After acknowledgement of the LOA as aforesaid and upon furnishing the Performance Security,

it shall cause the Selected Bidder to execute the Contract Agreement within the period

prescribed in Clause 1.3.The Agreement shall be executed in English language. The Selected

Bidder shall not be entitled to seek any deviation, modification or amendment in the Contract

Agreement.

4.6.5. On signing of the Contract Agreement, the Contractor shall intimate the name of the principal

officer who will be acting for and on behalf of the Contractor in all its relations and

communications with the Authority. If there is any change in the principal officer, Contractor

shall intimate such change to the Authority immediately.



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4.7. Contacts during Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are opened and until

such time the Authority makes official intimation of award/ rejection to the Bidders. While the

Bids are under consideration, Bidders and/ or their representatives or other interested parties

are advised to refrain, save and except as required under the Biding Documents, from

contacting by any means, the Authority and/ or their employees/ representatives on matters

related to the Bids under consideration.

5. Fraud and corrupt practices

5.1. The Bidders and their respective officers, employees, agents and advisers shall observe the

highest standard of ethics during the Biding Process and subsequent to the issue of the LOA

and during the subsistence of the Contract Agreement. Notwithstanding anything to the

contrary contained herein, or in the LOA or the Contract Agreement, the Authority may reject a

Bid, withdraw the LOA, or terminate the Contract Agreement, as the case may be, without

being liable in any manner whatsoever to the Bidder or Contractor, as the case may be, if it

determines that the Bidder or Contractor, as the case may be, has, directly or indirectly or

through an agent, engaged in corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice in the Biding Process. In such an event, the Authority

shall be entitled to forfeit and appropriate the Earnest Money Deposit or Performance Security,

as the case may be, as Damages, without prejudice to any other right or remedy that may be

available to the Authority under the Biding Documents and/ or the Contract Agreement, or

otherwise.

5.2. Without prejudice to the rights of the Authority under Clause 5.1 hereinabove and the rights

and remedies which the Authority may have under the LOA or the Contract Agreement, or

otherwise if a Bidder or Contractor, as the case may be, is found by the Authority to have

directly or indirectly or through an agent, engaged or indulged in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practice during the

Biding Process, or after the issue of the LOA or the execution of the Contract Agreement, such

Bidder or Contractor shall not be eligible to participate in any Bid or RFP issued by the Authority

during a period of 2 (two) years from the date such Bidder or Contractor, as the case may be, is

found by the Authority to have directly or indirectly or through an agent, engaged or indulged

in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practices, as the case may be.

5.3. For the purposes of this Clause 5, the following terms shall have the meaning hereinafter

respectively assigned to them:

a. “Corrupt Practice” means (i) the offering, giving, receiving, or soliciting, directly or

indirectly, of anything of value to influence the actions of any person connected with the

Biding Process (for avoidance of doubt, offering of employment to or employing or

engaging in any manner whatsoever, directly or indirectly, any official of the Authority who

is or has been associated in any manner, directly or indirectly, with the Biding Process or

the LOA or has dealt with matters concerning the Contract Agreement or arising there

from, before or after the execution thereof, at any time prior to the expiry of one year

from the date such official resigns or retires from or otherwise ceases to be in the service



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of the Authority, shall be deemed to constitute influencing the actions of a person

connected with the Biding Process) engaging in any manner whatsoever, whether during

the Biding Process or after the issue of the LOA or after the execution of the Contract

Agreement, as the case may be, any person in respect of any matter relating to the Project

or the LOA or the Contract Agreement, who at any time has been or is a legal, financial or

technical adviser of the Authority in relation to any matter concerning the Project;

b. “Fraudulent Practice” means a misrepresentation or omission of facts or suppression of

facts or disclosure of incomplete facts, in order to influence the Biding Process.

c. “Coercive Practice” means impairing or harming, or threatening to impair or harm, directly

or indirectly, any person or property to influence any person’s participation or action in the

Biding Process.

d. “Undesirable practice” means (i) establishing contact with any person connected with or

employed or engaged by the Authority with the objective of canvassing, lobbying or in any

manner influencing or attempting to influence the Biding Process; or (ii) having a Conflict

of Interest; and

e. “Restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a full and fair

competition in the Biding Process.

6. MISCELLANEOUS

6.1. The Biding Process shall be governed by, and construed in accordance with, the laws of India

and including but not limited to laws of Government of Telangana and the TSIIC Rules and

Regulations in force and as amended from time to time; and the Courts in Hyderabad shall have

exclusive jurisdiction in all disputes arising under, pursuant to and/ or in connection with the

Biding Process.

6.2. The Authority, in its sole discretion and without incurring any obligation or liability, reserves

the right, at any time, to:

a. suspend and/ or cancel the Biding Process and/ or amend and/ or supplement the Biding

Process or modify the dates or other terms and conditions relating thereto.

b. consult with any Bidderin order to receive clarification or further information.

c. retain any information and/ or evidence submitted to the Authority by, on behalf of, and/

or in relation to any Bidder.

d. independently verify, disqualify, reject and/ or accept any and all submissions or other

information and/ or evidence submitted by or on behalf of any Bidder. and / or

e. amend, modify or re-issue the Biding Documents or any part thereof.



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6.3. It shall be deemed that by submitting the Bid, the Bidder agrees and releases the Authority, its

employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all

liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising

from the exercise of any rights and/ or performance of any obligations hereunder, pursuant

hereto and/ or in connection with the Biding Process and waives, to the fullest extent

permitted by applicable laws, any and all rights and/ or claims it may have in this respect,

whether actual or contingent, whether present or in future.

6.4. The Selected Bidder shall agree to execute the Works with a documented safetysystem.



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ANNEXURE 1

Project Details

Google Location Map



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ANNEXURE 1

Project Details



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ANNEXURE II

BILL OF QUANTITIES

S No. Description of Item Estimated Quantity

Unit

1

Scaling of loose rock including stacking of boulder at bottom of slope and disposal at dumping place within 3 km from the site as directed, including all machinery,labour and incidental charges etc. complete for finished item of work as directed by Engineer -In -Charge.

4114.05 Sqm

2

Removal of vegetation, bushes, shrubs in lower and upper section including stacking of useful material, disposing of material from hill slope with all leads and lifts including all machinery,labour and incidental charges etc. complete for finished item of work as directed by Engineer -In -Charge.

600.00 Sqm

3

Excavation for roadway in hard rock (blasting prohibited) with rock breakers including breaking rock, loading in tippers and disposal within all lifts and lead upto 1000 meter, trimming bottom and side slopes in accordance with requirements of lines, grades and cross sections as per Clause 301 of Specifications of MoRT&H (5th Revision), including all taxes excluding GST etc. as directed by the Engineer-in-Charge for finished item of work.

50.00 Cum

4

Providing and placing ISI marked & CE marked mechanically Woven Double Twisted Hexagonal Shaped Wire Mesh Gabion Boxes as per IS 16014 : 2018 of 1m Height and of Mesh Type 8 x 10 with D = 80mm, Zn + Al + PVC coated, Mesh Wire dia. 2.7/3.7mm (ID / OD), mechanically edged / selvedged, with partitions at every 1m interval, and filling by properly packing with approx. 120 mm to 200 mm size boulders, tying with lacing wire of diameter 2.2/3.2 mm (ID/OD), placing at indicated places in dry condition including all material, machinery, labor and incidental charges etc. complete and as directed by Engineer -In -Charge.

4287.71 Cum

5

Providing and spreading of ISI marked & CE marked mesh comprising of double twisted Hexagonal shaped mechanically woven wire mesh as per IS 16014 : 2018, of type - 8 x 10 made of wire dia. 3.0 mm heavily Zn + Al coated, top support rope, bottom support rope, edge rope and additional diagonal rope of 12 millimeter and grade 1,770 N/Sq.mm, lacing wire, U-clamps, thimbles, with all other accessories including safety, with all other accessories,material, machinery, labor and incidental charges, etc. required to fix the steel wire mesh in place as per technical specifications and as directed by Engineer - in - charge. As per clause 5.3.4 & 6.2 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

20570.25 Sqm

6

Providing and fixing of rhomboidal shaped mesh Panels/ Nets of 10mm dia of steel wire rope of size 300x300 millimeter with suitable connection at junctions including top and bottom support rope lacing wire or rope required to connect the nets and all the needed accessories including safety, all other ancillary work, material, machinery, labor etc. complete as per technical specification As per

3085..54 Sqm



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clause 5.3.1 & 6.2of IRC Highway Research Board Special report 23, State of Art : Design and construction of Rock fall mitigation system.

7

Drilling 75mm diameter bore hole at all heights on the slope face to required depth, providing and fixing Fe500 RE bars of 25 millimeter diameter, yield load more than 500 N/Sq.mm, hexagonal nut, washer plate, coupler for connecting bars, and full length grouting with admixture including all ancillary material, labour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge. As per clause 2.3.2 & 6.1 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

6920.92 RM

8

Drilling 75mm diameter bore hole on top of the slope to required depth, providing and fixing Fe500 RE bars of 32 millimeter diameter, yield load more than 500 N/Sq.mm, hexagonal nut, washer plate, coupler for connecting bars, and full length grouting with admixture including all ancillary material, labour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge. As per clause 2.3.2 & 6.1 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

1278.92 RM

9

Supply and belting of boulders with cable wire ropes of 16mm diameter of grade 1,770 N/mm2 of required length including all ancillary material for cable belting, abour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge.

120.00 RM



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ANNEXURE III

DETAILED SPECIFICATIONS FOR CARRYING OUT THE WORK.

1. Scaling of loose rock including stacking of boulder at bottom of slope and disposal at dumping

place within 3 km from the site as directed, including all equipment, labor, etc., complete for

finished item of work and as directed by Engineer -In -Charge.

This item includes clearing and scaling down all loose rock pieces / boulders / debris, dangerous

rock hangs if any and other such material on the rock slope surface as directed by Engineer-in-

Charge, including necessary safety measures taken for protection of life and property of human

being who are working on the job and also moving traffic / pedestrians on the road from rolling

boulders debris.

The item also includes taking down the loosed material from hill slope side physically using

manpower and or necessary machinery and safely landing the same on the road surface without

causing any damage to the road surface or road property.

The item also includes loading and unloading, transportation of removed material and disposing

off safely including all lifts and leads as directed by Engineer-in-Charge.

Contractor should submit an action plan for loose scaling operation including the areas

identified for loose scaling, method that shall be adopted and safety and precautionary

measures.

Basis of Payment

The quantity of loose scaling shall be measured on the sqm of face area of loose boulders scaled

down the slope.

2. Removal of vegetation, bushes, shrubs in lower and upper sections including stacking of

useful material, disposing of material from hill slope with all leads and lifts as directed by

Engineer - In - Charge.

This item consists of cutting, removing and disposing of all materials such as trees, bushes,

shrubs, stumps, roots, grass, weeds, rubbish, top organic soil, etc., to an average depth of 150

mm in thickness, which in the opinion of the Engineer are unsuitable for incorporation in the

works, from the area of top of the slope and the slope area and such other areas as may be

specified on the drawings or by the Engineer. It shall include necessary excavation, backfilling of

pits resulting from uprooting of trees and stumps to required compaction, handling, salvaging,

and disposal of cleared materials with all leads and lifts. Clearing and grubbing shall be

performed in advance of earthwork operations as per the instruction of Engineer-in-Charge.

Methods, Tools and Equipment

Only such methods, tools and equipment as are approved by the Engineer and which will not

affect the property to be preserved shall be adopted for the Work. If the area has thick

vegetation/roots/trees, a crawler or pneumatic tyred dozer of adequate capacity may be used

for clearance purposes. The dozer shall have ripper attachments for removal of tree stumps.



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Also, all vegetation such as roots, under-growth, grass and other deleterious matter unsuitable

for incorporation in the embankment/subgrade shall be removed between fill lines to the

satisfaction of the Engineer-in-Charge.

All excavations below the general ground level arising out of the removal of trees, stumps, etc.,

shall be filled with suitable material and compacted thoroughly so as to make the surface at

these points conform to the surrounding area.

Ant-hills both above and below the ground, as are liable to collapse and obstruct free subsoil

water flow shall be removed and their workings, which may extend to several metres, shall be

suitably treated.

Disposal of Materials

All materials arising from clearing and grubbing operations shall be taken over and disposed of

by the Contractor with all leads and lifts. The disposal shall be in accordance with local, State

and Central regulations.

Measurements for Payment

Clearing and grubbing for road embankment, drains and cross-drainage structures shall be

measured on area basis in terms of hectares. Cutting of trees up to 300 mm in girth and removal

of their stumps, including removal of stumps up to 300 mm in girth left over after trees have

been cut by any other agency, and trimming of branches of trees extending above the roadway

and backfilling to the required compaction shall be considered incidental to the clearing and

grubbing operations.

Clearing and grubbing of borrow areas shall be deemed to be a part of works preparatory to

embankment construction and shall be deemed to have been included in the rates quoted for

the embankment construction item and no separate payment shall be made for the same.

Rates

The Contract unit rates for the various items of clearing and grubbing shall be payment in full

for carrying out the required operations including full compensation for all labour, materials,

tools, equipment and incidentals necessary to complete the work. These will also include

removal of stumps of trees less than 300 mm girth, excavation and back-filling to required

density, where necessary, and handling, giving credit towards salvage value, disposing of the

cleared materials with all lifts and leads. The Contract unit rate for cutting trees of girth above

300 mm shall include handling, giving credit towards salvage value, disposing of the cleared

materials with all lifts and leads. The Contract unit rate for removal of stumps and roots of trees

of girth above 300 mm shall include excavation and backfilling with suitable material to required

compaction, handling, giving credit towards salvage value disposing of the cleared materials

with all lifts and leads.



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3. Removal of hard rock / boulders by blasting or other means, including removing the blasted

material up to a distance of 500 metres and lifts of 5m, stacking and spreading, etc., complete

for finished item of work as directed by Engineer-in-charge.

This item includes removing large dangerous boulder over the slope and overhangs at the edge

of the top of the slopes having potential to roll down and other such material on top of the

slope as directed by Engineer-in-Charge, including necessary safety measures for protection of

life and property of human being who are working on the job and also moving traffic /

pedestrians on the road from rolling boulders debris.

The item also includes taking down the material from top hill side physically using manpower

and or necessary machinery and safety landing the same on the road surface without causing

any damage to the road surface or road property.

The item also includes loading and unloading, transportation of removed material and disposing

off safely including all lifts and leads as directed by Engineer-in-Charge.

Contractor should submit an action plan for loose scaling operation including the areas

identified for loose scaling, method that shall be adopted and safety and precautionary

measures.

Basis of Payment

The quantity of loose scaling shall be measured on the cum of stack measurement of loose

boulders scaled down the top of the slope.

4. Providing and placing ISI marked & CE marked mechanically Woven Double Twisted

Hexagonal Shaped Wire Mesh Gabion Boxes as per IS 16014 : 2018 of 1m Height and of Mesh

Type 8 x 10 with D = 80mm, Zn + Al + PVC coated, Mesh Wire dia. 2.7/3.7mm (ID / OD),

mechanically edged / selvedged, with partitions at every 1m interval, and filling by properly

packing with approx. 120 mm to 200 mm size boulders, tying with lacing wire of diameter

2.2/3.2 mm (ID/OD), placing at indicated places in dry condition including all material,

equipment, labor and excreta complete and as directed by Engineer -In -Charge.

To address the problem of rockfall (shooting rocks) during maintenance activities or preventing

any rock mass rolling down the slope surface to the road, a rockfall embankment shall be

provided. It is intended to prevent the detached rock boulders from rolling down the slope and

damage the moving traffic at the bottom of the slope. It is recommended to provide the

embankment at the toe of the slope. For this project, the rockfall embankment is recommended

with a gabion toe wall.

4.0. GENERAL

This work comprises providing and laying in position at all leads and lifts of stone filled Metal

Gabion and Mattresses (90% Zinc + 10% AL + PVC Coated) conforming to the material

specifications stated herein, as per the bill of quantity and schedule of supplies enclosed.

4.1. MATERIALS



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4.1.1. General Requirements

Metal Wire Mesh product comprising of doubled twisted hexagonally woven hot dipped

galvanized mild steel wire of diameter not less than 2.7 mm having minimum tensile strength of

350 N/mm² confirming to IS:280 and or EN 10223-3. The zinc galvanization shall be heavy

coating for soft condition confirming to IS: 4826 and or EN 10244-2. For corrosive environment,

an additional PVC coating of 0.5 mm thickness shall be provided over the zinc galvanization. The

mesh of the box shall be of type (8 x 10) cm for metal gabion and mattresses respectively as per

EN-10223. Mesh shall be doubled twisted at each intersection and shall be mechanically

selvedge along the edge of the boxes. The boxes standard sizes shall be as per ASTM A 975. The

box shall be divided into compartments by diaphragms placed at 1 m centre to centre.

Indigenously manufactured metal gabion and mattresses should be used. A plant visit by the

Engineer’s representative to verify the manufacturer’s quality control procedures and witness

testing of products is also required prior to the dispatch of material.


Metal gabion and mattresses shall be delivered at site in the form of bundles. All bundles shall

have a label or tag specifying name of the product, name of the manufacturer, quantity of

boxes, and date of manufacture and box dimension.

Material shall be protected from mud, dirt, debris, any other harmful substances or mechanical

damage during transportation.

Boxes shall be stored in a secured area sufficiently elevated above the ground and adequately

covered to protect them from the following: site construction damage, precipitation, prolonged

exposure like chemicals that are strong acids or strong bases, flames including welding sparks,

high temperatures, and any other environmental conditions that may damage the physical

property values of the Metal Gabion and Mattresses.

Any material, which is damaged during transportation, handling or storage and do not meet the

minimum requirements of the Specifications is liable for rejection by the Engineer-in-Charge.


The quality management system of the manufacturer shall conform to the requirements of ISO

9001:2015 and In-house Laboratory should have certificate of GAI-LAP & NABL Accreditation

ISO/IEC 17025:2005. The manufacturer of gabions needs to have a valid ISI marking and CE

marking for the gabions supplied for the project.

Manufacturer shall issue a test report stating minimum average values of material properties, at

the time of shipment is made.

Manufacturer shall have in-house PVC manufacturing, coating and testing facilities as per

IS:4826/EN 10245-2 of specific gravity, hardness, tensile strength and elongation.



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The contractor shall have to give a certificate / (MOU) from the manufacturer regarding design

support, vetting of design, supply sufficient quantity of double-twisted-wire mesh gabion and

mattresses, and technical assistance during execution to the contractor for this project.

Supplied material shall witness at manufacturer’s NABL Accreditation laboratory by collecting

sample from site to conduct joint tests with the department, client and contractor’s

officials.Contractor shall furnish proof of all the above and it is mandatory.

4.1.4. Physical and Mechanical Properties

The Physical and Mechanical properties of Metal Gabion and Mattresses shall conform as per

below:

Mesh and Box Characteristics of Metal Gabion and Mattresses:

Mesh Types and Shapes shall confirm to below Table:

Table: 1

MESH TYPE

(cm)

‘D’ NOMINAL SIZE

(mm) TOLERANCES

8 x 10 80 +16% to -4%

Mesh and Box Characteristics of Gabion and Mattresses:

MESH TYPE (cm) 8 x 10

‘D’ mm 80

WIRE TYPE 90% ZINC + 10% AL + PVC COATED

Mesh Wire Dia., mm 2.70/3.70*

Edge/Selvedge Wire Dia., mm 3.40/4.40*

Lacing Wire Dia., mm 2.20/3.20*

PVC Coating thickness, mm Nominal-0.50

Minimum-0.38

*Internal Diameter/External Diameter of PVC coating wire (ID/OD)

Table of standard sizes of gabions (nominal sizes)

Length-L in m Width-W in m Height-H in m No’s of internal

diaphragms

1.5 1 1 0

2 1 1 1

3 1 1 2

4 1 1 3

1.5 1 0.5 0

2 1 0.5 1

3 1 0.5 2

4 1 0.5 3

2 1 0.8 1

2 1 0.6 1



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*Only standard sizes of gabion boxes are indicated in the Table above. Special sizes can also be

ordered as agreed between the purchaser and manufacturer.

SNo PARAMETER STD REQUIREMNTS

1. WIRE DIA. Tolerances

2.2±0.06 ………Lacing Wire

2.7±0.07 ……….Mesh Wire

3.4±0.10 ………..Selvedge Wire

2 Tensile Strength

350- 500 MPa (2.2 mm) & Elongation>10%

350- 500 MPa (2.7 mm) & Elongation >10%

350- 500 MPa (3.4 mm) & Elongation >10%

3 Mass of Galvanizing

coating

230 g/m2 minimum (2.20 Wire) Lacing wire

245 g/m2 minimum (2.70 Wire) Mesh Wire

265 g/m2 minimum (3.40 Wire) Selvedge

Wire

4 Galvanizing Coating

Blending proration 90% Zinc +10% Aluminum

5 PVC coating Nominal 0.5 mm (min.0.38 mm)

6 Mesh Size Tolerances (80 x 100): (+16% -4%)

7 PVC Foil Tensile Strength > 17 MPa

Tensile Elongation >200

All tests on the wire must be conducted prior to manufacturing the mesh. All sizes &dimensions

are nominal & +/- 5% tolerance on L, W, H shall be permitted.

Table of standard wire diameters for PVC coated wires

Mesh Type

Dia in mm

Mesh wire Selvedge wire Lacing wire

8 x10 Int 2.7/Ext 3.7 Int 3.4/Ext 4.4 Int 2.2/Ext 3.2

PVC Parameter:

➢ PVC coating material (UV stabilized) characteristics are according to EN 10245-2.

➢ Specific weight: Below ≤ 1.50 gm/cc

➢ Hardness: Between Min. 38 Shore D

➢ Tensile strength: Minimum 17 MPa, Elongation at break: Minimum 200%

➢ Standard color: Dusty Grey RAL 7037

The zinc coating shall remain adherent to the steel wire and conform to IS:4826 such that zinc

coating does not flake off, nor crack to such an extent that there is possibility of removing any

zinc by rubbing with bare fingers, the use of finger nails being not allowed.

4.2. TERMINOLOGY OF METAL GABION AND MATTRESSES

4.2.1. Double Twisted Wire Mesh: A non-raveling mesh made by twisting continuous pairs of wires

throughthree-one-half turns (commonly called double-twisted) to form hexagonal shaped

openings which are then interconnected to adjacent wires to form hexagonal openings (Fig-1).



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‘D’ (mm)= 80 mm (EN 10223-3 / ASTM A 975METAL GABION BOX

Fig-1 Fig-2

4.2.2. Gabion: A double-twisted wire mesh container of variable sizes, uniformly partitioned into

internal cells having mesh opening (8 x 10) cm, inter-connected with other similar units, and

filled with trap stone rubble at the project site to form flexible, permeable, monolithic

structures for earth retaining and erosion control projects (Fig-2).

4.2.3. Selvedge Wire: A terminal wire used to edge the wire mesh perpendicular to the double-twist

by mechanically wrapping the mesh wire around it at least 2.5 times (Fig-3).

Fig-3

4.2.4. Edge Wire: A terminal wire of the same diameter as the selvedge wire used to edge the wire

mesh parallel to the double-twist by continuously weaving it mechanically into the wire mesh

(Fig-4).

4.2.5. Lacing Wire: A terminal wire used to assemble and interconnect empty units, to close and

secure stone-filled units and for internal stiffeners.

Fig-4



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4.2.6. Diaphragm: An internal partition made of same double-twisted wire mesh panel in a gabion and

mattresses that is attached to the bottom, the sides, and after the gabion box is packed with

stones, to the lid of the box (Fig-1).

4.2.7. Bracing Wire: A length of wire used for support of facing by connecting the front panel to the

back panel of gabion box and having the same diameter as the lacing wire (Fig-5).

Fig-5

4.3. INSTALLATION

4.3.1. Site Preparation

The foundation shall be prepared by clearing, grubbing, and excavation or filling the area to the

design grade and well compacted to achieve batter as per designed cross section.

4.3.2. Specification for Assembly and Erection:

1. Scope

This specification details the requirements from the assembly stage through to the final wiring

of the completed metal gabion product.

The Contractor shall provide to the Engineer-in-Charge for his approval, full details and

specifications of the gabion he proposes to use in this contract. Only those products so

approved by the Engineer-in-Charge shall be allowed to be incorporated in the works.

2. Assembly

Prior to assembly, the gabion material shall be opened out flat on the ground and stretched to

remove all kinks and bends.

The gabion boxes shall be assembled individually, by raising the sides, ends and diaphragms,

ensuring that all creases are in the correct position and that the tops of all four sides and the

diaphragms are even.

The four corner edges of the gabion boxes shall be laced first, followed by the edges of internal

diaphragms to the sides.

In all cases, lacing shall commence by twisting the end of the lacing wire tightly around the

selvedge/s. It shall then pass round the two edges being joined using alternate single and



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double loops at 100mm intervals and be securely tied off at the bottom. The ends of all lacing

wires shall be turned to the inside of the box on completion of each lacing operation. Each loop

shall be pulled tight to prevent the joint opening during filling. Tightness of the lacing is

essential.

3. Placing of Metal Gabion

Gabion boxes shall be placed in position on the prepared foundation as per designed cross-

section with process of unfolding the gabion by bundles, folding them as per size to prepare a

box with fastening edges by lacing wire. Adjacent boxes shall be tie with lacing wire on each

side.

To ensure proper alignment of metal gabion and mattresses, bracing shall be used on the front

face of Gabions.

4. Filling

The metal gabion & mattresses shall be filled by carefully hand packing the trap stones size 12 -

20 cm and or 16 - 50 Kg in weight as tightly as possible and not by merely throwing of trap

stones. Voids shall be filled by proper hand packing with rubble chips.

All gabions shall be overfilled by 25mm using flat stone to allow for minor settlement and to

provide a level surface for subsequent layers.

After filling the gabion box up to top; the lid shall be stretched and closed through tying by

lacing wire to the front and side panels of the gabion box.

Prior to placing backfill, reinforced fill material as per project requirements the installed metal

gabion and mattresses shall be inspected and approved by the Engineer-in-Charge. Any

damages during construction shall be repaired and or removed as directed by the Engineer-in-

Charge.

4.4. Method of measurement and basis of payment

The quantity of metal gabion will be in Cubic Meter arrived based on the measured outer

dimensions of the gabion boxes fixed in position as per the drawing and duly filled and packed

with stones, laced in all sides and with adjacent gabion units complete.

5. Providing and spreading of ISI marked & CE marked mesh comprising of double twisted

Hexagonal shaped mechanically woven wire mesh as per IS 16014 : 2018, oftype - 8 x 10 made

of wire dia. 3.0 mm heavily Zn + Al coated, top support rope, bottom support rope, edge rope

and additional diagonal rope of 12 millimetre and grade 1,770 N/Sq.mm, lacing wire, U-

clamps, thimbles, with all other accessories including safety, with all other accessories all

other material required to fix the steel wire mesh in place as per technical specifications and

as directed by Engineer - in - charge.

5.1. Scope:



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This work shall consist of furnishing, assembling, and fixing mechanically woven double twist

hexagonal wire mesh and 12mm wire rope for edge / top / diagonal as specified in the contract

to the dimensions, lines and grades shown on the plans, or as determined by the engineer.

Netting system once installed shall also act as a safety net for workers, protecting them from

any rock fragments detaching from the parent rock while installation of bolting system is in

progress.

5.2. Materials

5.2.1. Mechanically woven double twist mesh as Rock fall net:

These specifications are mainly in accordance with Indian Standards IS 16014 and covers the use

of double twist wire mesh rockfall net for surficial Rock fall protection including the scope of

furnishing and constructing as per the special provisions in these specifications, instructions

from the manufacturer of the Rock fall protection system and as directed by the Engineer - In -

Charge.

5.2.2. General Requirements

Metal Wire Mesh product comprised doubled twisted hexagonally woven hot dipped galvanized

mild steel wire of diameter not less than 3.0 mm having minimum tensile strength 350 N/mm²

confirming to IS:280 and or EN 10223-3. The Zinc + 10% Aluminium Galvanization shall be heavy

coating for soft condition confirming to IS: 4826 and or EN 10244-2. The mesh shall be of type 8

x 10 cm for rockfall netting as per IS 16014: 2018 and EN-10223. Mesh shall only be doubled

twisted at each intersection, in such a manner that unravelling is prevented.

The manufacturer of the rockfall netting should have a valid ISI marking and CE marking for the

product to be supplied. Only indigenously manufactured rock fall netting would be allowed. A

plant visit by the Engineer’s representative to verify the manufacturer’s quality control

procedures and witness testing of products is also required prior to the dispatch of material.


Rock fall netting shall deliver at site in the form of rolls. All rolls shall have a label or tag

specifying name of the product, name of the manufacturer, quantity of boxes, date of

manufacture and box dimension.

Material shall be protected from mud, dirt, debris, any other harmful substances or mechanical

damage during transportation.

Netting rolls shall be stored in a secured area sufficiently elevated above the ground and

adequately covered to protect them from the following: site construction damage,

precipitation, prolonged exposure like chemicals that are strong acids or strong bases, flames

including welding sparks, high temperatures, and any other environmental conditions that may

damage the physical property values of the nettings.

Any material, which is damaged during transportation, handling or storage and do not meet the

minimum requirements of the specifications is liable for rejection by the Engineer-in-Charge.



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The quality management system of the rockfall netting manufacturer shall conform to the


product having IS & CE mark.

Manufacturer shall issue a test report stating minimum average values of material properties, at

the time of shipment is made.

Manufacturer shall have in-house PVC manufacturing, coating and testing facilities as per


contractor shall have to give a certificate / (MOU) from the manufacturer regarding design

support, vetting of design, supply sufficient quantity of double twisted wire mesh and technical

assistance during Execution to the contractor for this project.

Supplied material shall witness at manufacturer’s well-equipped laboratory by collecting sample

from the Site to conduct joint tests with the TSIIC, manufacturer and Contractor’s officials.

Contractor shall furnish proof of all above and it is mandatory.

5.2.5. Material – Rock fall Netting

Physical and Mechanical Properties

The Physical and Mechanical properties of RockFall Netting shall conform as per below:

MESH TYPE (cm) ‘D’ NOMINAL SIZE (mm) TOLERANCES

8 X 10 80 +16% to -4%

The double twist hexagonal wire mesh shall be mechanically pre-

fabricated to become a uniform hexagonal woven wire mesh

wherein joints are formed by twisting each pair of wires through two

half turns commonly known as double twisted, in such a manner

that unravelling is prevented.

Fig. RockFall Netting ‘D’ (mm) = 80 mm (EN

10223-3 / ASTM A 975)

Specification of material used to manufacture mechanically woven double twisted hexagonal mesh is

as under: -

Wire used for Rock fall Netting: The wire used formechanically woven double twisted mesh shall

confirm to Table below

WIRE TYPE ZINC + 10% Aluminium COATED

Mesh Wire Dia., mm 3.00

Edge/Selvedge Wire Dia., mm 3.90



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Lacing Wire Dia., mm 2.20

Permitted Tolerances on Galvanized Steel Wire Diameters:

NOMINAL DIAMETER OF GALVANIZED

WIRE, mm

PERMITTED TOLERANCES (±) ON

WIRE DIAMETERS, mm

2.20 + 0.06

3.00 + 0.08

3.90 + 0.10

Mass of Zinc Coating: The coating weight shall conform to the requirements of IS:4826 heavily coated

and soft type.

NOMINAL DIAMETER OF

GALVANIZED WIRE, mm

MASS OF ZINC COATING

g/m²

2.70 245

3.40 265

2.20 230

The zinc coating shall remain adherent to the steel wire and conform to IS:4826 such that zinc coating

does not flake off, nor crack to such an extent that there is possibility of removing any zinc by rubbing

with bare fingers, the use of finger nails being not allowed.

5.3. TERMINALOGY

5.3.1. Top / Edge / Bottom / Diagonal Rope: General

a) It is a steel rope cable consists of a group of strands laid helically around a core. The strands of

a wire rope, or cable, consist of several individual wires laid around a central wire.

b) It is widely used in secured drapery systems - to form an armoured mesh that is then fixed

along the slope with anchors. The cables to be used with meshes along the slopes are ropes

with steel core.

c) These ropes offer a good resistance in terms of breaking load, together with flexibility and

easiness of installation, due to their lower weight.

5.3.2. Material Specifications: Top / Edge / Bottom / Diagonal Rope

a) All the ropes shall be of grade 1,770 N/mm2 as per IS-2266.

b) Should be Class A Zinc coated as per UNI EN 10264-2.

c) Standard coil length should be 100m

5.3.3. Material Properties: Top / Edge / Bottom / Diagonal Rope

The rope shall conform to the material properties mentioned in the table below: -

Table No 1

Characteristic Data



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Nominal Rope Diameter

Φ

Wire Rope Grade

(N/mm2) Rope Construction Type

12 mm 1,770 6 x 19

5.3.4. Testing criteria: Top / Edge / Bottom / Diagonal Rope

The manufacturer/supplier shall provide Manufacturers Test Certificate / Certificate of

Conformity for the material with every lot/shipment. The Manufacturers TestCertificate /

Certificate of Conformity shall be provided for certifying that system confirms to all the

technical specifications.

5.4. Installation Method: Mechanically Woven Mesh with Top/Edge/Bottom Rope

The installation will consist of the following: -

a. The rolls of mechanically woven double twist hexagonal wire mesh should be rolled down

the surface from Top anchoring system as per the contract drawings. The top wire rope

needs to be secured in position through the top anchors. An overlap of 1m at the top and

an overlap of 0.5m at the bottom of the slope needs to be ensured.

b. New mesh Roll shall be placed side by side of adjacent roll in the same manner such that

edge wire of both the rolls can be laced together by hand.

c. Lacing of adjacent tolls of the hexagonal double twist mesh shall commence by twisting end

of the lacing wire tightly the two selvedges. It shall then pass round the two edges being

joined using alternate single and double loops at approximately 100mm intervals. The lacing

wire shall be securely tied off at the bottom of the roll.

d. The bottom anchoring and surficial anchoring shall be done as per the contract drawings

and instruction of the Engineer-in-Charge.

e. Then the edge wire and the diagonal wire should be woven as per the contract drawings

and instruction of the Engineer-in-Charge.



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Fig.: Photo showing the net, edge rope, and diagonal rope.

f. After installation of the complete system, the same needs to be checked for any damages to

the mesh while placing the anchors and subsequent plates over the anchors. Damages if any

needs to be rectified by providing an additional mesh with overlaps of 1m over the damage

and duly laced as per the lacing procedure described above.

5.5. Mode of Measurements:

The mode of measurement shall be based on sq.m of Area of mechanically woven double

twisted hexagonal wire mesh supplied.

6. Providing and fixing of rhomboidal shaped mesh Panels/ Nets of 10mm dia of steel wire rope

of size 300x300 millimetre with suitable connection at junctions including top and bottom

support rope lacing wire or rope required to connect the nets and all the needed accessories

including safety, all other ancillary work, material, machinery, labour etc. complete as per

technical specification

6.1. Scope:

This specification covers the use of rhomboidal steel wire rope net panels (wire rope net

panel)for surface rock fall protection including the scope of furnishing and installation as per the

special provisions mentioned in the specifications, instructions from the manufacturer/supplier

of the rock fall protection system and as directed by the Engineer- In-Charge.



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Typical Wire Rope Net Panel

6.2. Material Specifications:

Panels:Wire rope net panels shall be made with steel cable, twisted to form rhomboid mesh.

The intersection points shall be reinforced to resist to an eventual static or dynamic stress that

can deform the panel. The reinforcement shall be made by a suitable connection.

Binding System: The biding at junction should be a suitable clamp or wire winding to ensure

prevention of unravelling of the net.

Wrapping Rope: A single steel cable of diameter 10mm shall be laid to form a grid of square

mesh. The loose ends shall be securedusing an aluminumgauge / sleeve fastening with

resistance of not less than 90% of cable breaking load.

Table 1 Wrapping Rope

Diameter(mm) 10

Rope type (IS 2266/ISO 2408) 6X19M-CWR/IWR

Rope grade 1770N/mm2

Zinc coating (IS 1835) Class B

Edge / Perimetral Rope: The perimetral rope shall be used to secure the mesh panel.

Table 2 Perimetral rope

Diameter(mm) 10

Rope type (IS 2266/ISO 2408) 6X19M-CWR/IWR

Rope grade 1770N/mm2

Zinc coating (IS 1835) Class B

Lacing Rope: The lacing rope shall be of 8mm diameter with a metal center having 6x19 + IWS

configuration. It shall be used to connect the adjacent wire rope net Panels.

Junction sleeves at the end of the warping rope

The junction sleeves shall be Aluminium sleeves type cylindrical in shape with a resistance

equal to a minimum 90% of the rope breaking load.

Perimetral rope sleeves

The perimetral rope sleeves shall be Aluminium sleeves with an open C shape.

Perimetral Rope

(Optional)

Wrapping Rope

Node



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Dimensions of wire rope net panels

Wire rope net panels shall be manufactured in a nominal mesh size indicated in Table 3. Width

and length of the panel shall be chosen to suit the site-specific requirements with tolerance of

±5%.

Other roll sizes may be required as per site conditions subject to the Engineer’s approval. For

non-standard roll lengths there may be some variation outside the tolerance limit from the

nominal size shown in the contract drawings.

Table 3 Standard Wire Rope Net Panel Dimension

Cable rope

diameter

Perimetral

Rope diameter

Mesh Dimension Knot Galvanization

Class

(mm) (mm) (mm) (m)

10 10 300x300 6x3 A

6.3. Installation:

The wire rope net panels are generally used in combination with rock bolting. The wire rope net

panels shall carefully be draped over the slope and the rock bolts shall be installed, keeping the

rock bolt under the mesh intersection. Wherever this is not possible, the rock bolt shall be

enclosed within an additional steel cable provided. The wire rope net panels shall be connected

to the top anchors with help of top support rope of 16mm diameter and with anchors at base of

the slope with help of bottom support rope of 12mm diameter. Care should be taken to tighten

the rhomboidal wire rope net panel mesh around the rock bolt by pulling manually.

Longitudinally adjacent panels shall be connected with a steel wire rope, which acts as a lacing

cable. The wire rope net panels shall be ideally used in combination with mechanically woven

double twist hexagonal wire mesh netting laid on the inner side of wire rope net panels.

After completion of wire rope net panel installation, a heavily zinc / epoxy coated base plate of

a 200 x 200 x 10 mm size shall be tightened on the rock/soil anchor, taking care that the base

plate maintains a tight contact with as much with the wire rope net panel as possible.

6.4. Testing and Acceptance criteria:

Testing shall be done on raw material as per testing plan indicated in Table 4. The material

should get approved from the client before the actual start of supply. The manufacturer of the

wire rope net panels shall provide manufacturers test certificate for the material with every

lot/shipment. The Manufacturers Test Certificate shall be provided for certifying that wire rope

net panels rock fall protection system conforms to all the technical and special requirements.

6.5. Method of Measurement:

Quantity of wire rope net panels shall be determined from cross sections and the linear

distance, and paid for under the appropriate bid items

6.6. Basis of Payment



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The quantity of rhomboidal wire rope panels to be paid for will be determined by the area in

square meter corresponding to supply quantity giving details of height and width of each

rhomboidal wire rope panel complete and as directed by the Engineer- In- Charge.

7. Drilling 75mm diameter bore hole at all heights on the slope face to required depth, providing

and fixing Fe500 RE bars of 25 millimetre diameter, yield load more than 500 N/Sq.mm,

hexagonal nut, washer plate, coupler for connecting bars, and full length grouting with

admixture including all ancillary material, staging etc. complete and as directed by Engineer-

in-charge.

7.1. General

The rock bolts shall be designed and arranged in order to stabilize the fractured or jointed rock

mass to induce homogeneity in the behaviour. The rock bolts shall have the required grip length

in rock. The grout shall have characteristic strength of 0.2 kN/m2. The rock bolts, nuts, bearing

plates shall be galvanized / epoxy coated. Diameter of rock bolt shall be 25 mm. The rock bolt

shall be made of Fe 500 grade steel of yield load more than 500 N/mm2 as per IS: 1786. The top

end of bolt shall be threaded for length of 200mm. For convenience of installation, appropriate

arrangement (coupler) shall be made to connect two smaller lengths of rock bolts to achieve the

required length.

Fig.: Photo showing the top threading of anchor.

7.2. Installation guideline

a. 75 mm diameter hole having required depth at a minimum upward angle of ten degrees to

horizontal shall be drilled at specified spacing in horizontal and vertical directions. Any

higher / lesser length or spacing of bolting shall be carried out as per site condition and as

directed by engineer-in-charge.



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b. Drilled holes shall be filled with cement slurry having water/cement ratio 0.5 with

admixture. The grouting shall be commenced from the base of drill hole and subsequently

raised.

Fig.: Drawing of Surface & Bottom Anchor and accessories.

c. The grout shall be placed under gravity in the drilled hole.

d. 25mm diameter steel rock bolts shall be inserted inside the hole.

e. The galvanized / epoxy coated MS base plates of size 200mm x 200mm x 10 mm shall be

placed at rock interface for tightening the nuts.

f. The front end of the grout hole shall be sealed cement mortar after insertion of rock bolt.



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Following equipment’s shall be deployed at the Site:

1) Grout agitator

2) Compressor - 600CFM

3) Drilling equipment percussion type (DTH)

Expansive plasticizing agent for cement, grouts and mortars shall be used, typical brand name

DR. FIXIT PIDICRETE AM is a shrinkage compensating grout admixture for pressure grouting.


The quantity of rock bolts to be paid for will be per running meter length of the anchor rod

installed on the slope. The items of base plates along with hexagonal bolts and nuts for each

anchor are deemed to be included in the contract rate.

8. Drilling 75mm diameter bore hole on top of the slope to required depth, providing and fixing

Fe500 RE bars of 32 millimetres diameter, yield load more than 500 N/Sq.mm, hexagonal nut,

washer plate, coupler for connecting bars, and full length grouting with admixture including

all ancillary material, staging etc. complete and as directed by Engineer-in-charge.

8.1. General

The rock bolts shall be designed and arranged in order to provide a top anchoring for the

rockfall net. These rock bolts are to take the load of any movement in the rock over the surface.

The rock bolts have been designed to be of length 3,000 millimetres and spaced at every2,000

millimetrescentre to centre at the top of the slope. The rock bolts, nuts, bearing plates shall be

galvanized / epoxy coated. Diameter of rock bolt shall be 32 mm. The rock bolt shall be made of

Fe 500 grade steel of yield load more than 500 N/mm2 as per IS: 1786. The top end of bolt shall

be threaded for length of 200mm.

Before taking up loose scaling, it may be required to carry out top bolting to help in providing

required support for the safety ropes for the climbers.

The locations of all the top bolts shall be clearly identified and marked on the ground and

approved by representative of Engineer - in ‐ charge.



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8.2. Installation guideline

a. 75 mm diameter hole having minimum depth of 3,000 millimetre shall be drilled at 2,000

millimetres centre to centre spacing in horizontal directions. Anymore/lesser length or

spacing of bolting shall be carried out as per site condition and as directed by engineer-in-

charge.

b. Drilled holes shall be filled with Cement slurry having water/cement ratio 0.5 with

admixture. The grouting shall be commenced from the base of drill hole and subsequently

raised.

c. The grout shall be placed under gravity in the drilled hole.

d. 32mm diameter steel rock bolts shall be lowered inside the hole.

e. The MS base plates of size 250mm x 250mm x 12 mm shall be placed at rock interface for

tightening the nuts.



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Fig.: Drawing of Top Anchor and accessories.

f. The front end of the grout hole shall be sealed cement mortar after insertion of rock bolt.

Following equipment’s deployed on site

1) Grout agitator

2) Compressor - 600CFM

3) Drilling equipment percussion type (DTH)

Expansive plasticizing agent for cement, grouts and mortars shall be used, typical brand name

DR. FIXIT PIDICRETE AM is a shrinkage compensating grout admixture for pressure grouting.


The quantity of rock bolts to be paid for will be per running meter length of the anchor rod

installed on top of the slope. The items of base plates along with hexagonal bolts and nuts for

each anchor are deemed to be included in the contract rate.



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9. Supply and belting of boulders with cable wire ropes of 16mm diameter of grade 1,770

N/mm2 of required length including all ancillary material for cable belting etc. complete and

as directed by Engineer-in-charge.

Item includes providing a cable wire rope around and large dangerous rock hangs that may not

be possible to be removed under items 1 and 2 of this contract due to site limitations and still

have potential to roll down and create hazard. The cable rope should be un-tensioned. The

objective of cable rope is to improve the shear and tensile strength of the rock mass.

Cable ropes are placed over the surface of the sheared rock or large boulder mass and the rear

is taken towards a stable rock mass. Proper arrangement of cable rope clips to ensure adequate

overlap and adequate load capacity of the system needs to be ensured. The contractor needs to

submit a proposal for providing the system to the Engineer-in-Charge for approval.

9.1. General

a) It is a steel rope cable consists of a group of strands laid helically around a core. The strands of

a wire rope, or cable, consist of several individual wires laid around a central wire.

b) The steel rope cable forms an armoured support that is then fixed along the slope with

anchors.

c) These ropes offer a good resistance in terms of breaking load, together with flexibility and

easiness of installation, due to their lower weight.

9.2. Material Specifications and Material Properties:

a) All the ropes shall be of grade 1,770 N/mm2 as per IS-2266.

b) Should be Class A Zinc coated as per UNI EN 10264-2.

c) Standard coil length should be 100m

d) The rope shall conform to the material properties mentioned in the table below: -

Table No 1

Characteristic Data

Nominal Rope Diameter

Φ

Wire Rope Grade

(N/mm2) Rope Construction Type

12 mm 1,770 6x19

9.3. Testing criteria:

The manufacturer/supplier shall provide Manufacturers Test Certificate / Certificate of

Conformity for the material with every lot/shipment. The Manufacturers TestCertificate /

Certificate of Conformity shall be provided for certifying that system confirms to all the

technical specifications.

9.4. Installation Method:

The installation will consist of the following: -



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a. A suitable scheme for the system to be installed showing the length of each cable and depth

and spacing of each anchor needs to be proposed to the Engineer-in-Charge for acceptance

and approval. Work needs to be commenced only after the approval by Engineer-in-Charge.

b. The cable wire rope will be cut to the needed size as per the drawing approved by the

Engineer in Charge.

c. The end of the cable wire rope will be provided with rope clips and a space created for the

insertion of the anchor bolts at the ends. The overlap length and the number of clips

provided needs to be adequately designed so that the clips and the overlaps do not fail.

d. Anchors as designed for the needed anchor depth need to be installed.

9.5. Mode of Measurements:

The mode of measurement shall be based on Linear Metre of the Cable Rope used. The

anchoring shall be paid as per item no. 8 or 9 as per the diameter of the rod proposed by the

contractor.



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ANNEXURE IV

CHECK LIST TO THE RFP

S No Description Documents

Submitted

1 2 3

1 Copy of Contractors /manufacturers Registration. Yes / No

2

Copy of PAN Card and Copy of Latest valid Income Tax returns and annual

audited balance sheet for the last ten financial years (2008-09 to 2017-18)

submitted along with proof of receipt.

Yes / No

3 Copy of Proof of Registration under GST. Yes / No

4 Details of value of Civil Engineering works executed in the last 10 financial

years in the Bidder’s name in Statement-I with supporting certificates. Yes / No

5

Details of similar nature of works completed in the Name of the Bidder

during the last ten financial years as per eligibility criteria clause as defined in

the RFP in Statement-II with supporting certificates.

Yes / No

6

Physical quantities executed by the Bidder in the last ten financial years.

(work wise /year) as per eligibility clause in Statement – III with supporting

certificates.

Yes / No

7 Details of existing commitments i.e., works on hand in Statement-IV with

supporting Certificates.

Yes / No

8 Availability of critical equipment in Statement –V. Yes / No

9 Availability of Key personnel in Statement-VI. Yes / No

10 Litigation history in Statement –VII. Yes / No

11 Bid Capacity of the Bidder in Statement – VIII. Yes / No

12 Proof of liquid assets in the shape of Solvency certificates etc., for the

required amount on current date.

Yes / No

13 List of certificates enclosed for the above items. Yes / No

14 Valid PF Registration with Regional PF Commissioner Yes/No



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APPENDIX I

LETTER FOR THE BID

(On Bidder’s Letter Head)

To, Date:

The Chief Engineer,

Telangana Industrial Infrastructure Corporation Limited (TSIIC),

5th Floor, ParisramaBhavanam,


Hyderabad - 500 004

Sub: _________________________________

With reference to your RFP Document dated --------------, we, having examined all relevant

documents and understood their contents, hereby submit our Bid for selection as Contractor for

the subject project. The Bid is unconditional and unqualified.

1. We acknowledge that the Authority will be relying on the information provided in the Bid and the

documents accompanying the Bid for selection of the Contractor, and we certify that all

information provided in the Bid and in the appendices, are true and correct, nothing has been

omitted which renders such information misleading; and all documents accompanying such Bid

are true copies of their respective originals.

2. The Bid is being submitted for the express purpose of qualifying as a Selected Bidder for the

aforesaid Project.

3. We shall make available to the Authority any additional information it may deem necessary or

require for supplementing or authenticating the Bid.

4. We acknowledge the right of the Authority to reject our application without assigning any reason

or otherwise and hereby waive our right to challenge the same on any account whatsoever.

5. We certify that in the last three years, we have neither failed to perform on any contract, as

evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial

pronouncement or arbitration award against the Bidder, nor been expelled from any project or

contract by any public authority nor have had any contract terminated by any public authority for

breach on our part.

6. We certify that we are not barred by the Government of Telangana or any other State

Government in India or the Government of India, or any public agencies from participating in

similar projects as on [---------] (Bid Due Date).

7. We declare that:

a. We have examined and have no reservations to the RFP Documents, including any

Addendum issued by the Authority.



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b. We do not have any conflict of interest as mentioned in the Biding Documents.

c. We have not directly or indirectly or through an agent engaged or indulged in any corrupt

practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice

in respect of any Bid or request for Bid issued by or any agreement entered into with the

Authority or any other public-sector enterprise or any government, Central or State; and

d. We hereby certify that we have taken steps to ensure that in conformity with the

provisions of Clause 5 of the RFP, no person acting for us or on our behalf will engage in

any corrupt practice, fraudulent practice, coercive practice, undesirable practice or

restrictive practice.

8. We understand that you may cancel the Biding Process at any time and that you are neither

bound to accept any Bid that you may receive nor to select the Contractor, without incurring

any liability to the Bidders.

9. We believe that we satisfy and meet all the requirements as specified in the RFP and are/is

qualified to submit a Bid.

10. We certify that we have not been convicted by a Court of Law or indicted or adverse orders

passed by a regulatory authority which would cast a doubt on our ability to undertake the

Project for the Project or which relates to a grave offence that outrages the moral sense of

the community.

11. We further certify that in regard to matters relating to security and integrity of the country,

we have not been charge-sheeted by any Government agency or convicted by a Court of Law.

12. We further certify that no investigation by a regulatory authority is pending either against us

or against our chief executive officer or any of our directors/managers/employees.

13. We hereby irrevocably waive any right or remedy which we may have at any stage at law or

howsoever otherwise arising to challenge or question any decision taken by the Authority

and/ or the Government of India in connection with the selection of the Contractoror in

connection with the Biding Process itself, in respect of the above mentioned Project and the

terms and implementation thereof.

14. We agree and undertake to abide by all the terms and conditions of the RFP.

15. We agree and undertake to be jointly and severally liable for all our obligations as per the

provisions set out under the Contract Agreement.

In witness thereof, we submit this Bid under and in accordance with the terms of the RFP.

Yours faithfully,

(Signature, name and designation of the authorized signatory)

(Name and seal of the Bidder)



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APPENDIX I – ANNEX I

DETAILS OF BIDDER

1. (a) Name:

(b) Country of incorporation:

(c) Address of the corporate headquarters and its branch office(s), if any, in India:

(d) Date of incorporation and/ or commencement of business (provide a true copy of the

incorporation certificate):

2. Brief description of the Bidder including details of its main lines of business and proposed role and

responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication for the Authority:

(a) Name:

(b) Designation:

(c) Company:

(d) Address:

(e) Telephone Number:

(f) e-Mail Address:

(g) Fax Number:

4. Particulars of the Authorized Signatory of the Bidder:

(a) Name:

(b) Designation:

(c) Address:

(d) Phone Number:

(e) Fax Number:

6. A statement by the Bidder or any of their Associates disclosing material non-performance or

contractual non-compliance in past projects, contractual disputes and litigation/ arbitration in the

recent past is to be given below (Attach extra sheets, if necessary).

Signature of the Bidder



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APPENDIX II

STATEMENT – I

Details of value of Civil Engineering works executed in each year during the last ten financial years by

the Bidder.

S No. Financial Year Value of Work (Rs. in Crores)

1

2

3

4

5

Note:

Attach certificate(s) issued by the Engineer – In - charge of the State / Central Government Departments / Undertakings not below the rank of Executive Engineer or Equivalent and countersigned by the next higher authority not below the Rank of SE/ Next higher authority / Head Of the Department showing work wise / financial year wise value of work done in respect of all the works executed by the Bidder during last ten financial years

OR

Certificate from Chartered Accountant supported with Annual Balance Sheet tallyingwith I.T.Clearance certificate.




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APPENDIX II

STATEMENT – II

Details of similar nature of works completed in the Name of the Bidder during the last ten financial

years as per eligibility criteria clause (a)

S No Name of thework Address of Agt.

Concluding Authority

Agreement No. &

dated.

Value of

Contract

1 2 3 4 5

Stipulated period

of completion Actual date of

completion Value of work done during the last 10 years

(1 to 5)

Total Value of Work Done

1 2 3 4 5

6 7 8 9

Attach certificate(s) issued by the Engineer – In - charge of the State / Central Government

Departments / Undertakings not below the rank of Executive Engineer or Equivalent and

countersigned by the next higher authority not below the Rank of SE/ Next higher authority / Head Of

the Department showing work wise / year wise values of work done and date of completion.




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APPENDIX II

STATEMENT – III

Details of Physical Quantities of Works executed

Physical quantities of similar nature of works of minimum 2/3 lane carriageway executed by the

Bidder in the last tenfinancial years. (work wise /year) as per eligibility Clause of the RFP.

SNo. Financial

Year

Name of work Agreement

No

Quantities executed

Year wise.

Any other

items.

1 2009-2010

2 2010-2011

3 2011-2012

4 2012-2013

5 2013-2014

6 2014-2015

7 2015-2016

8 2016-2017

9 2017-2018

10 2018-2019

Attach certificate(s) issued by the Engineer – In - charge of the State / CentralGovernment

Departments / Undertakings not below the rank of Executive Engineer or Equivalent and

countersigned by the next higher authority not below the Rank of SE/ Next higher authority / Head of

the Department duly showing the quantities executed yearwise.

Signature of the Tenderer



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APPENDIX II

STATEMENT – IV

Details of Existing Commitments.

Details of works on hand and, yet to be completed as on the date of submission of the Bid and works for which Tender(s) have been submitted are to be furnished.

A) Existing Commitments on ongoing works:

S No Name of

Work Details of Contract

concluding Authority Date of

Contract Value of Contract

Scheduled Period of Completion

Value of Work Done

Expected Date of Completion

1 2 3 4 5 6 7 8

Attach certificate(s) issued by the Engineer – In - charge of the State / Central Government

Departments /Undertakings not below the rank of Executive Engineer or Equivalent and counter

signed by the next higher authority not below the Rank of SE/ Next higher authority / Head Of the

Department, indicating the balance work to be done, and likely period of completion.

B) Details of works for which Tenders are submitted [awarded / likely to be awarded]:

S No Name of

Work Details of Contract

concluding Authority

Estimated Value of Contract

Scheduled Period of Completion

Date on which tender was submitted

Present Stage of tender

1 2 3 4 5 6 7




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APPENDIX II

STATEMENT - V

Availability of Critical Equipment

The Bidder should furnish the information required below, regarding the availability of the equipment,

required for construction / quality control.

S No.

Details of Equipment Number Required for the Project

No. of Equipment

Owned Leased To be Procured 1 2 3 4 5 6


A declaration regarding the equipment owned shall be produced by the Bidder on a non- judicial stamp paper of Rs. 100/- as below;

DECLARATION

“I do hereby solemnly affirm and declare that I /we own the following equipment for using on the subject work and also declare that I / We will abide by any action such as disqualification or determination of Contract or blacklisting or any action deemed fit, if the department detects at any stage that I/we do not possess the equipment listed below.

SNo Details of

each equipment Year of

purchase Registration

Number

Capacity Any Other Information

Is it in working condition?

1 2 3 4 5 6 7




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APPENDIX II

STATEMENT – VI

Availability of Key Personnel

Qualification and experience of Key Personnel proposed to be deployed for execution of the Contract.

S No Name Designation Qualification Total

Experience Working with the Bidder

Since

1 2 3 4 5 6




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APPENDIX II

STATEMENT – VII

Information of litigation history in which Bidder is petitioner:

S No. Case No / Year Court where filed Subject matter /prayer in the case

Respondents i.e. SE / CE

Present Stage

1 2 3 4 5 6




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APPENDIX II

STATEMENT – VIII

BID CAPACITY OF THE BIDDER

SNo

Updated value of Annual

Turnover

(A)

Value of Works on Hand

(B)

BidCapacity

(2 x A x N –B)

(N=9/12=0.75)


Executing safety works on turnkey basis at the road adjacent to Bio-diversity park,


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APPENDIX III

FORMAT OF TECHNICAL BID

The Bidders shall provide a Technical Bid based on the requirements given in the RFP, setting out the

proposed Construction Methodology, mobilization of staff and plan for implementation of the Project.

The Technical Bid shall comprise the approach and methodology for work execution, implementation

schedule and timelines, manpower deployment, mobilization of machinery, etc. The Technical Bid

shall be in adherence to the design and specifications as detailed in the RFP and all the regulatory

guidelines/norms/standards, etc., and the requirements of the Project.

i. Engineering aspects with materials specifications:

▪ Material specifications, equipment/machinery used, structural aspects, etc.

▪ Procurement/Construction/installation/implementation plan along with quality control

protocols, QA testing, etc., Provide details of the manufacturer from whose the material as

detailed in the RFP is going to be procured along with all the support documents in this

regard.

ii. Implementation Plan – present a detailed activity-wise schedule along with milestones in line with

the requirements set out in the RFP. This should include a schedule for procuring, installing, and

deploying equipment. This should also outline the timeline envisaged in the RFP.

iii. Staff mobilization plan.

iv. Mobilization of machinery.

v. Credentials of the manufacturer/contracting firm, as the case may be, complete details to the

satisfaction of the Authority ((TSIIC) have to be submitted.

vi. Any other aspects of Project implementation.

Executing safety works on turnkey basis at the road adjacent to Bio-diversity Park Hitech city,

Hyderabad of TSIIC Cyberabad zone for mitigating hazards.

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Appendix IV

FINANCIAL BID

[On the Letter head of the Biding Firm]

Date:

The Chief Engineer,

Telangana Industrial Infrastructure Corporation Limited (TSIIC),

5th Floor, ParisramaBhavanam,


Hyderabad - 500 004.

Sub: Financial Bid for “Executing safety works on turnkey basis at the road adjacent to Bio-

diversity Park, Hitech City, Hyderabad of TSIIC Cyberabad Zone for mitigating hazards.

Sir:

1. Having examined the Conditions of Contract, Specifications, Drawings and Addenda -----

(incorporate the details in case any Addenda is issued) for the execution of the above named

Works, we, the undersigned, give our offer for the design, execute and complete such Works and

remedy any defects therein in conformity with Scope of Work, and Addenda, the Conditions of

Contract, Specifications, Drawings, Design and construction methodology as approved by the

Authority for a Bid Price amount of Rs.---------------------------- (Rupees ) for undertaking the Project

on a turnkey basis. The quote includes all applicable taxes except GST. GST @ 12% shall be

payable over and above the Bid Price.

2. We acknowledge that all the documents form part of the RFP.

3. We undertake, if our Bid is accepted, to commence the Works as soon as reasonably possible and

after the Project Commencement Date (PCD) is issued and to undertake the Works.

4. We agree that this offer shall remain valid for a period of one hundred and twenty (180 days)

from the Bid Due Date or such further period as may be mutually agreed upon.

5. If the Authority selects us as the Contractor for this Project, we will abide by the above quote,

terms and conditions of the RFP. We also understand that, in case any difference between the

quoted amount in words and figures, the quote in words will be taken as final.

Yours faithfully,

___________

(Signature of Authorized Signatory)

(Name, Title, Address, Date)

Note:

1. The financial Bid to be submitted strictly as per the above format. Non-compliance to the

above format shall disqualify the firm’s Bid.

2. The Financial Bid to be submitted along with Annexure to Financial Bid and non-compliance

shall disqualify the firm’s Bid.

3. Tenders with an excess of above 5% of the Estimated Contract Value shall be summarily

rejected.



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Appendix–V

Power of Attorney for signing of Bid$

(Refer Clause 3.1.7)

Know all men by these presents, We_____________________ (name of the firm and address of the

registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms (Name)

____________________, son/daughter/wife of ______________ and presently residing at

____________________, who is presently employed with us and holding the position of

_____________________ as our true and lawful attorney (hereinafter referred to as the “Attorney”)

to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in

connection with or incidental to submission of our Bid for the _______________ Project proposed or

being developed by TSIIC (the “Authority”) including but not limited to signing and submission of all

applications, Bids and other documents and writings, participate in Bidders' and other conferences

and providing information / responses to the Authority, representing us in all matters before the

Authority, signing and execution of all contracts including the Contract Agreement and undertakings

consequent to acceptance of our Bid, and generally dealing with the Authority in all matters in

connection with or relating to or arising out of our Bid for the said Project and/or upon award thereof

to us and/or till the entering into of the Contract Agreement with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things

done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred

by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of

the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ___________________________, THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ____________________DAY OF _____________,

20_____

For_____________________

(Signature, name, designation and address)

Witnesses:

1.

2.

Accepted Notarised

(Signature, name, designation and address of the Attorney)

Notes:

• The mode of execution of the Power of Attorney should be in accordance with the procedure,

if any, laid down by the applicable law and the charter documents of the executant(s) and

when it is so required, the same should be under common seal affixed in accordance with the

required procedure.

$To be submitted in original.



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• Wherever required, the Bidder should submit for verification the extract of the charter

documents and documents such as a board or shareholders resolution/ power of attorney in

favour of the person executing this Power of Attorney for the delegation of power hereunder

on behalf of the Bidder.

• For a Power of Attorney executed and issued overseas, the document will also have to be

legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney

is being issued. However, the Power of Attorney provided by Bidders from countries that have

signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian

Embassy if it carries a conforming apostle certificate.



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APPENDIX VI

ANTI-COLLUSION CERTIFICATE

(To be executed on stamp paper of appropriate value)

We undertake that, in competing for (and, if the award is made to us, in executing) the Project, we

will strictly observe the laws against fraud and corruption in force in India namely “Prevention of

Corruption Act, 1988” and its subsequent amendments thereof.

We hereby certify and confirm that in the preparation and submission of our Bid, we have not acted

in concert or in collusion with any other Bidder or other person(s) and also not done any act, deed or

thing which is or could be regarded as anti-competitive.

We further confirm that we have not offered nor will offer any illegal gratification in cash or kind to

any person or agency in connection with this Bid.

Dated this ..........................day of ......................, 2020

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

(Name of the Bidder)

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

(Signature of the Bidder / Authorized Person)

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

(Name of the Authorized Person)

Item / Bill No.

Item Description UnitEstimated Quantity

Unit Rate in figures

(Rs.)Unit Rate in Words

Total Amount for Estimated

Quantity (Rs.)

1

Scaling of loose rock including stacking of boulder at bottom of slope anddisposal at dumping place within 3 km from the site as directed, including allmachinary,labour and incidental charges etc. complete for finished item ofwork as directed by Engineer -In -Charge.

sqm 4114.05

2

Removal of vegetation, bushes, shrubs in lower and upper section includingstacking of useful material, disposing of material from hill slope with all leadsand lifts including all machinary,labour and incidental charges etc. completefor finished item of work as directed by Engineer -In -Charge.

sqm 600.00

3

Excavation for roadway in hard rock (blasting prohibited) with rock breakersincluding breaking rock, loading in tippers and disposal within all lifts and leadupto 1000 metres, trimming bottom and side slopes in accordance withrequirements of lines, grades and cross sections as per Clause 301 ofSpecifications of MoRT&H (5th Revision), including all taxes excluding GST etc.as directed by the Engineer-in-Charge for finished item of work.

Cum 50.00

4

Providing and placing ISI marked & CE marked mechanically Woven DoubleTwisted Hexagonal Shaped Wire Mesh Gabion Boxes as per IS 16014 : 2018 of1m Height and of Mesh Type 8 x 10 with D = 80mm, Zn + Al + PVC coated,Mesh Wire dia. 2.7/3.7mm (ID/OD), mechanically edged / selvedged, withpartitions at every 1m interval, and filling by properly packing with approx.120 mm to 200 mm size boulders, tying with lacing wire of diameter 2.2/3.2mm (ID/OD), placing at indicated places in dry condition including all material,machinary, labor and incidental charges etc. complete and as directed byEngineer-In-Charge

Cum 4287.71

Execution of safety works on turnkey basis at the road adjacent to Bio-diversity Park, Hitech City, Hyderabad of TSIIC Cyberabad Zone for mitigating hazardsAnnexure to Financial Bid (Bid Price - BOQ Wise)

5

Providing and spreading of ISI marked & CE marked mesh comprising ofdouble twisted Hexagonal shaped mechanically woven wire mesh as per IS16014 : 2018, of type - 8 x 10 made of wire dia. 3.0 mm heavily Zn + Alcoated, top support rope, bottom support rope, edge rope and additionaldiagonal rope of 12 millimeter and grade 1,770 N/Sq.mm, lacing wire, U-clamps, thimbles, with all other accessories including safety, with all otheraccessories,material, machinary, labor and incidental chargesetc. required tofix the steel wire mesh in place as per technical specifications and as directedby Engineer - in - charge. As per clause 5.3.4 & 6.2 of IRC Highway ResearchBoard Special report 23, State of Art : Design and constrction of Rock fallmitigation system.

sqm 20570.25

6

Providing and fixing of rhombodial shaped mesh Panels/ Nets of 10mm dia ofsteel wire rope of size 300x300 millimeter with suitable connection atjunctions including top and bottom support rope lacing wire or rope requiredto connect the nets and all the needed accessories including safety, all otherancillary work, material, machinery, labor etc. complete as per technicalspecification As per clause 5.3.1 & 6.2of IRC Highway Research Board Specialreport 23, State of Art : Design and constrction of Rock fall mitigation system.

sqm 3085.54

7

Drilling 75mm diameter bore hole at all heights on the slope face to requireddepth, providing and fixing Fe500 RE bars of 25 millimeter diameter, yieldload more than 500 N/Sq.mm, hexagonal nut, washer plate, coupler forconnecting bars, and full length grouting with admixture including all ancillarymaterial, labour, machinary , staging , incidental charges etc. complete and asdirected by Engineer-in-charge. As per clause 2.3.2 & 6.1 of IRC HighwayResearch Board Special report 23, State of Art : Design and constrction ofRock fall mitigation system.

RM 6920.92

8

Drilling 75mm diameter bore hole on top of the slope to required depth,providing and fixing Fe500 RE bars of 32 millimeter diameter, yield load morethan 500 N/Sq.mm, hexagonal nut, washer plate, coupler for connecting bars,and full length grouting with admixture including all ancillary material, labour,machinary , staging , incidental charges etc. complete and as directed byEngineer-in-charge. As per clause 2.3.2 & 6.1 of IRC Highway Research BoardSpecial report 23, State of Art : Design and constrction of Rock fall mitigationsystem.

RM 1278.92

9

Supply and belting of boulders with cable wire ropes of 16mm diameter ofgrade 1,770 N/mm2 of required length including all ancillary material forcable belting , abour, machinary , staging , incidental charges etc. completeand as directed by Engineer-in-charge.etc.

RM 120

*Please note that the Quantities as shown above are estimated quantities and for the sake of Bid comparision only and payments shall be based on the actual quantities ofwork executed and as per the provisions of the Contract Agreement.

Total

Telangana State Industrial Infrastructure Corporation Ltd.

(TSIIC)

DRAFT CONTRACT AGREEMENT

FOR

EXECUTION OF SAFETY WORKS AT THE ROAD ADJACENT TO BIO-DIVERSITY PARK, HITECH

CITY, HYDERABAD OF TSIIC CYBERABAD ZONE IN THE STATE OF TELANGANA FOR

MITIGATING HAZARDS ON “ENGINEERING, SUPPLY & EXECUTION” BASIS

Request for Proposal Telangana Industrial Infrastructure Corporation Ltd. (TSIIC) Bid Document Draft Contract Agreement

Executing safety works on turnkey basis at the road adjacent to Bio-diversity Park, Hitech city, Hyderabad of TSIIC Cyberabad zone for mitigating hazards.

Page 2 of 49

Table of Contents

ARTICLE 1: DEFINITIONS AND INTERPRETATION ...................................................................5

1.1 Definitions..........................................................................................................5

1.2 Interpretation .....................................................................................................5

1.3 Priority of Agreements and errors/discrepancies ............................................................6

ARTICLE 2: SCOPE OF WORK .........................................................................................6

2.1 Scope of Work .....................................................................................................6

2.2 Design Criteria, Obligatory Requirements & Specifications……………………………………………………………….9

2.3 General Requirements……………………………………………………………………………………………………………………….11

2.4 Role & Responsibilities of the Contractor ………………………………………………………………………………………. 12

2.5 Role & Responsibilities of the Authority ………………………………………………………………………………………….13

2.6 Project Duration…………………………………………………………………………………………………………………………………13

ARTICLE 3: PAYMENT FOR THE SERVICES ………………………………………………………………………………………..13

3.1. Payment for the Services ….…………………………………………………………………………………………………………….13

ARTICLE 4: OBLIGATIONS OF THE CONTRACTOR ................................................................ 14

4.1 Obligations of the Contractor ................................................................................. 14

ARTICLE 5: GENERAL CONDITIONS OF THE CONTRACT……………………………………………………………………………15

5.1 Engineer-in-Charge’s Decisions………………………………………………………………………………………………………….15

5.2 Deployment of Personnel…………………………………………………………………………………………………………………. 15

5.3 Correction of Defects…………………………………………………………………………………………………………………………15

5.4 Existing Utilities…………………………………………………………………………………………………………………………………16

5.5 Discoveries…………………………………………………………………………………………………………………………………………16

5.6 Possession of the Site………………………………………………………………………………………………………………………..16

5.7 Access to the Site………………………………………………………………………………………………………………………………16

5.8 Site Order Book………………………………………………………………………………………………………………………………….16

5.9 Extra Items…………………………………………………………………………………………………………………………………………17

5.10 Income Tax……………………………………………………………………………………………………………………………………….17

5.11 GST……………………………………………………………………………………………………………………………………………………17

5.12 Liquidated Damages…………………………………………………………………………………………………………………………17

5.13 Mobilization Advance……………………………………………………………………………………………………………………… 18

5.14 Defect Liability Period…………………………………………………………………………………………………………………….18

ARTICLE 6: SPECIAL CONDITIONS OF THE CONTRACT………………………………………………………………………………18

6.1 Water Supply………………………………………………………………………………………………………………………………………18

6.2 Electrical Power…………………………………………………………………………………………………………………………………18

6.3 Explosives & Fuel Storage Tanks……………………………………………………………………………………………………….18

6.4 Labour………………………………………………………………………………………………………………………………………………..19

6.5 Fair Wages………………………………………………………………………………………………………………………………………….19

6.6 Liabilities of the Contractor……………………………………………………………………………………………………………..19

6.7 Work During Night or on Sundays/Holidays……………………………………………………………………………………….19

6.8 Variations by way of Modifications/Omissions/Additions…………………………………………………………………20

6.9 Maintenance Manual………………………………………………………………………………………………………………………….20

6.10 Employment of Foreign Personnel…………………………………………………………………………………………………..21

ARTICLE 7: DISCLAIMER ..............................................................................................21

7.1 Disclaimer ........................................................................................................ 21

ARTICLE 8: PERFORMANCE SECURITY ..............................................................................21

8.1 Performance Security ...........................................................................................21

8.2 Appropriation of Performance Security ......................................................................21

8.3 Release of Performance Security..………………………………………………………………………….……………………… 22

8.4 Additional Security deposit……………………………………………………………………………………………………………….22

ARTICLE 9: PROJECT COMMENCEMENT DATE ………..………………………………………………………….…….…………….22

9.1 Project Commencement Date ..…………………………………………………………………………..………………….......22

9.2 Liquidated Damages for delay ..……………………………………………………………………………………………..……….22

ARTICLE 10: CONSTRUCTION OF THE PROJECT….…………………………………………………………………….…………… 22

10.1 Obligations prior to commencement of Construction Works………………………………………….……….…… 22

10.2 Drawings…………………………………………………………………………………………………………………….…………...……..22

10.3 Safety Plan……………………………………………………………………………………………………………………………………….23

10.4 Construction of the Project…………………………………………………………………………………….……………….…….24



Page 3 of 49

10.5 Monitoring of Construction………………………………………………………………………………….………………………….24

10.6 Suspension of unsafe Construction Works…………………………………………………………..………………………… 24

ARTICLE 11: COMPLETION CERTIFICATE.………………………………………………………………………………………………..25

11.1 Tests…………………………………………………………………………………………………………………………..……………………25

11.2 Completion Certificate ..……………………………………………………………………………………….……………………….25

ARTICLE 12: SAFETY REQUIREMENTS...............................................................................25

12.1 Safety Requirements .......................................................................................... 25

ARTICLE 13: INSURANCE .............................................................................................25

13.1 Insurance during Construction Period....................................................................... 25

13.2 Application of insurance proceeds .......................................................................... 26

ARTICLE 14: FORCE MAJEURE.......................................................................................26

14.1 Force Majeure ..................................................................................................26

14.2 Non-Political Event………………………………………………………………………………………………………………………….26

14.3 Indirect Political Event…………………………………………………………………………………………………………………….27

14.4 Direct Political Event……………………………………………………………………………………………………………………….27

14.5 Duty to report Force Majeure Event ........................................................................ 28

14,6 Effect of Force Majeure Event on the Agreement………………………………………………………………………….29

14.7 Termination Notice for Force Majeure Event………………………………………………………………………………….29

14.8 Termination Payment for Force Majeure Event………………………………………………………………………………29

14.9 Dispute resolution ..............................................................................................30

14.10 Excuse from performance of obligations.................................................................. 30

ARTICLE 15: COMPENSATION FOR BREACH OF AGREEMENT ....................................................31

15.1 Compensation for default by the Contractor ..............................................................31

ARTICLE 16: TERMINATION ..........................................................................................31

16.1 Termination for Contractor Default .........................................................................31

16.2 Other rights and obligations of the Authority .............................................................32

ARTICLE 17: LIABILITY AND INDEMNITY ...........................................................................32

17.1 General indemnity .............................................................................................32

17.2 Indemnity by the Contractor .................................................................................32

17.3 No consequential claims ......................................................................................32

17.4 Survival on Termination .......................................................................................32

ARTICLE 18: DISPUTE RESOLUTION ................................................................................33

18.1 Dispute resolution ..............................................................................................33

18.2 Conciliation......................................................................................................33

ARTICLE 19: MISCELLANEOUS .......................................................................................33

19.1 Governing law and jurisdiction .............................................................................. 33

19.2 Survival...........................................................................................................33

19.3 Entire Agreement ..............................................................................................33

19.4 Severability ..................................................................................................... 34

19.5 No partnership ..................................................................................................34

19.6 Third Parties ....................................................................................................34

19.7 Successors and Assigns.........................................................................................34

19.8 Language ........................................................................................................34

ARTICLE 20: DEFINITIONS ...........................................................................................34

20.1 Definitions .......................................................................................................34

SCHEDULES ………………………………………………………………………………………………………………………………………………38



Page 4 of 49

CONTRACT AGREEMENT

THIS AGREEMENT is entered into on this the *** day of ***, 2020

BETWEEN

1. Telangana State Industrial Infrastructure Corporation Limited (TSIIC), represented by its -------

----- and having its principal offices at 6th Floor, Parisrama Bhavanam, Fateh Maidan Road,

Basheerbagh, Hyderabad – 500 004 (hereinafter referred to as the "AUTHORITY" which

expression shall, unless repugnant to the context or meaning thereof, include its

administrators, successors and assigns) of ONE PART;

AND

2. -------------------------------------------------------, a {registered firm / company incorporated under

the provisions of the Companies Act, 1956/2013} and having its registered office at --------------

--------------------------------, (hereinafter refer to as the “Contractor” which expression shall

unless repugnant to the context or meaning thereof, include its successors and permitted

assigns) represented by ------------ the authorized signatory, as authorized vide {Board

Resolution dated -----------} of the SECOND PART;

WHEREAS:

A. Telangana State Industrial Infrastructure Corporation Limited (TSIIC) has recently constructed

a new carriageway of around 850 metre connecting internal roads of Hyderabad Knowledge

City with the Old Mumbai Highway joining the same adjacent to Bio-diversity Park (for the

area map, please refer Schedule A of the Agreement).

The new road was constructed by drilling the hillock thereat to create a passage for the road.

Now, to mitigate the hazard for the carriageway users from loose boulders on the hilltop and

rock slope falling on to the carriageway, TSIIC has decided to take up slope stability and safety

works (the “Project”).

B. TSIIC (the “Authority”) has decided to take up the works (the “Works”) on turnkey basis, and

has accordingly decided to carry out the Biding process for selection of a private party to

whom the Project may be awarded. The Works will be taken up on “Engineering, Supply &

Execution” basis for mitigating the hazard of falling of boulders from the hillock onto either

side of the approach road adjacent to Bio-diversity Park, Hyderabad Knowledge City,

Hyderabad falling under Cyberabad Zone of TSIIC.

Accordingly, the Authority had resolved to avail the services of experienced private contractor

for efficient execution of the above Project and has therefore, decided to carry out the

bidding process for selection of a private entity (the “Contractor”) to whom the Project may

be awarded in accordance with the terms and conditions to be set forth in a Contract

Agreement to be entered into.

C. The Authority had prescribed the technical and commercial terms and conditions, and invited

bids to carry out the above referred Project by its Tender Notice No. --- dated ---- (the

“Tender Notice”) for undertaking the Project.

D. After evaluation of the bids received, the Authority had accepted the bid of the Selected

Bidder and issued its letter of award No. *** dated *** (hereinafter called the "LOA") to the

Selected Bidder requiring, inter alia, the execution of this Contract Agreement within 7

(seven) days of the date of issue thereof.



Page 5 of 49

E. The Contractor has accordingly agreed to enter into this Contract Agreement with the

Authority for execution of the Project on “Engineering, Supply & Execution” basis, subject to

and on the terms and conditions set forth hereinafter.

NOW THEREFORE in consideration of the foregoing and the respective covenants and

agreements set forth in this Contract Agreement, the sufficiency and adequacy of which is

hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

ARTICLE 1: DEFINITIONS AND INTERPRETATION

1.1. Definitions

The words and expressions beginning with capital letters and defined in this Agreement

(including those in Article 20) shall, unless the context otherwise requires, have the meaning

ascribed thereto herein, and the words and expressions defined in the Schedules and used

therein shall have the meaning ascribed thereto in the Schedules.

1.2. Interpretation

1.2.1. In this Agreement, unless the context otherwise requires,

a. The table of contents, headings or sub-headings in this Agreement are for convenience of

reference only and shall not be used in, and shall not affect, the construction or

interpretation of this Agreement;

b. any reference to any period of time shall mean a reference to that according to Indian

Standard Time;

c. any reference to a day shall mean a reference to a calendar day;

d. references to a "business day" shall be construed as a reference to a day (other than a

Sunday) on which banks in Hyderabad are generally open for business;

e. any reference to month shall mean a reference to a calendar month as per the Gregorian

calendar;

f. references to any date or period shall mean and include such date or period as may be

extended pursuant to this Agreement;

g. any reference to any period commencing "from" a specified day or date and "till" or "until"

a specified day or date shall include both such days or dates; provided that if the last day

of any period computed under this Agreement is not a business day, then the period shall

run until the end of the next business day;

h. any reference, at any time, to any agreement, deed, instrument, licence or document of

any description shall be construed as reference to that agreement, deed, instrument,

licence or other document as amended, varied, supplemented, modified or suspended at

the time of such reference; provided that this Sub-clause shall not operate so as to

increase liabilities or obligations of the Authority hereunder or pursuant hereto in any

manner whatsoever;

i. any agreement, consent, approval, authorization, notice, communication, information or

report required under or pursuant to this Agreement from or by any Party shall be valid

and effective only if it is in writing under the hand of a duly authorized representative of

such Party in this behalf and not otherwise;



Page 6 of 49

j. the Schedules and Recitals to this Agreement form an integral part of this Agreement and

will be in full force and effect as though they were expressly set out in the body of this

Agreement;

k. references to Recitals, Articles, Clauses, Sub-clauses or Schedules in this Agreement shall,

except where the context otherwise requires, mean references to Recitals, Articles,

Clauses, Sub-clauses and Schedules of or to this Agreement, and references to a Paragraph

shall, subject to any contrary indication, be construed as a reference to a Paragraph of

this Agreement or of the Schedule in which such reference appears; and

l. the Liquidated Damages payable by the Contractor, as set forth in this Agreement,

whether on per diem basis or otherwise, are genuine pre-estimated loss and damage likely

to be suffered and incurred by the Authority entitled to receive the same and are not by

way of penalty (the "Liquidated Damages").

1.2.2. Unless expressly provided otherwise in this Agreement, any documentation required to be

provided or furnished by the Contractor to the Authority shall be provided free of cost and in

three copies, and if the Authority is required to return any such documentation with their

comments and/or approval, they shall be entitled to retain two copies thereof. The rule of

construction, if any, that a contract should be interpreted against the parties responsible for

the drafting and preparation thereof, shall not apply.

1.2.3. Any word or expression used in this Agreement shall, unless otherwise defined or construed in

this Agreement, bear its ordinary English meaning.

1.3. Priority of Agreements and errors/discrepancies

1.3.1. This Agreement, and all other agreements and documents forming part of this Agreement are

to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this

Agreement, the priority of this Agreement and other documents and agreements forming part

hereof shall, in the event of any conflict between them, be in the following order:

a) this Agreement;

b) all other agreements and documents forming part hereof;

c) MORT&H/IRC specifications; and

d) Standard Codes of Practice.

i.e. the Agreement at (a) above shall prevail over the agreements and documents at (b), (c) &

(d) above. For the sake of clarity, the Specifications as defined in the Agreement shall prevail

over MORT&H/IRC specifications and MORT&H/IRC specifications shall prevail over Standard

Codes of Practice in that order.

1.3.2. In case of ambiguities or discrepancies within this Agreement, the following shall apply:

a) between two or more Clauses of this Agreement, the provisions of a specific Clause

relevant to the issue under consideration shall prevail over those in other Clauses;

b) between the Clauses of this agreement and the Schedules, the Clauses shall prevail; and

c) between any value written in numerals and that in words, the latter shall prevail.



Page 7 of 49

ARTICLE 2: SCOPE OF WORK

2.1. Scope of Work

The Contractor is responsible to execute the Works as per the scope of work (the “Scope of

Work”) as defined hereunder and in conformity with the Specifications as set forth in Schedule

D of the Agreement. A more detailed item wise quantities (Bill of Quantities) to be executed

has been provided in Schedule B of the Agreement.

1. Loose scaling, removing plantations and large boulders and providing drainage media:

I. The work needs to start after a preparatory work of taking down the loosed material

from hill slope side and large boulders on top of the slope by using suitable mechanism.

II. Any trees, bushes, shrubs, stumps, roots, grass, weeds, rubbish, top organic soil, etc.,

on the slope and at the edge of slope needs to be removed by adopting suitable

methods.

III. Water seepage marks in the form of patches are observed at many portions of the hill

slope. A proper medium has to be created for release of pore water pressure developed

due to water trapped inside the slope so as to ensure all trapped water is released.

2. Rock Face Stabilization:

For rock face stabilization, the anchoring system, netting, and rockfall embankment has

been adopted based on the recommendation of IRC Highway Research Board Special Report

23 on ‘State of the Art: Design and construction of rockfall mitigation systems’. The

rockfall netting has been adopted from IS 16014: 2018: ‘Mechanically woven, double-

twisted, hexagonal wire mesh gabions, revet mattresses and rock fall netting’.

The depth and spacing of rock bolting are adopted based on the IRC Highway Research

Board Special Report 23, State of the Art, Design and construction of rockfall mitigation

system Table 6.1 (Page 107). The rock bolt on the slope surface shall be made of Fe 500

grade steel of 25 mm diameter and up to a depth of 1.5 metre along with the rockfall

netting. The rock bolt shall have a tensile capacity of 220 kN. The spacing of the rock bolts

required is 4.0 m c/c in vertical direction and 1.0 m c/c in horizontal direction. The

location of the rock bolts at 1.0 m in horizontal direction should be such that the diagonals

connecting the rock bolts from every 2.0 m horizontal interval pass through the rock bolts

at 1.0 m. The rock bolts shall stitch the surface rock to the stable rock mass behind.

The spacing and length requirement for certain locations of the Project site may vary while

execution of works, especially where there is lot of unevenness in rock surface and also

overhang at the top for some stretches. In such areas additional rock bolt installation has

to be carried out, in addition to what has been furnished in the RFP, to make the mesh

adhere to rock surface.

On the surface, the rockfall netting shall be installed which shall provide stability against

any local failures which may happen between the installed rock bolts. Rockfall netting

shall comprise double-twisted wire mesh with top, bottom, edge, and diagonal rope. The

double-twisted wire mesh with the rope cable at edges and diagonals work as a composite

that shall effectively contain smaller and medium size particles on the slope surface. For

severe areas with overhangs, rhomboidal wire rope panel needs to be provided to

effectively take up load coming from any big-sized boulders. The depth of the rock bolts

for the overhang portions shall be 7 m.

The system consisting of rock bolting, rockfall netting, and cable wire rope at edges, top,

bottom, and diagonals shall be provided at all locations except the severe areas with



Page 8 of 49

overhangs. Only for the severe areas with overhangs the rock bolting, rockfall netting, and

rhomboidal wire rope panel shall be provided.

A Rockfall Protection embankment shall be provided at the toe of the slope. The rockfall

protection embankment shall consist of a 3 m high toe gabion wall with a vertical face

towards the road and a trapezoidal section towards the cutting. This trench formed by the

trapezoidal section towards the slope cutting shall also act as a rock trap ditch for any

debris that may slide along the nettings.

3. Perform and fulfill such other obligations incidental to the proposed activities.

The typical cross-sectional view of proposed Rockfall Netting and typical facing view of

layout of anchors, edge rope, bottom rope and diagonal rope is as shown below:



Page 9 of 49

2.2. Design Criteria, Obligatory Requirements and Specifications

2.2.1. Since the Works are specialized in nature, IIT, Hyderabad had been appointed to carry out the

design for the Project and finalize the scheme for Work execution. Specific equipment and

methodologies need to be adopted for execution of the Works. Therefore, before taking up

the construction activity, using the inputs as provided in the RFP, the Contractor needs to

prepare shop drawings consisting of Site elevation drawings clearly showing use of each of the

items mentioned in the Bill of Quantity for approval of the Engineer-in-charge. The proposal

shall provide the construction methodology, Program for Completion, work execution plan

clearly indicating the tools, the equipment and the skilled personnel that will be deployed at

the Site and such other aspects that are relevant to Project execution.



Page 10 of 49

2.2.2. The shop Drawings shall be developed in conformity with the Specifications and drawings as

defined in this RFP.

2.2.3. The installation proposal submitted by the Contractor needs to be in line with the

Specifications and with the items provided in the RFP. Both the shop drawings and the

installation proposals shall have to be proof checked with Indian Institute of Technology,

Hyderabad. The proof checking charges have to be borne by the Contractor. It will then be

reviewed and approved for construction by the Engineer - in - Charge. Only after such

approval, the Contractor shall commence the Works at the Project Site.

2.2.4. Any variation in the Scope of Work during execution needs to be proposed by the Contractor

and shall have to be approved by the Chief Engineer / Committee as appointed by TSIIC, as the

case may be. Any variation in quantities arrived out of change of Scope of Work shall be as

approved by the Chief Engineer.

2.2.5. Obligatory Requirements: Immediately after signing of the Agreement, the Contractor shall:

a. appoint its authorized representative to deal with the Authority and who shall be

responsible for surveys, investigations, collection of data, and preparation of detailed

designs and execution of works.

b. make its own arrangements for quarrying of materials needed for the Project under and in

accordance with the Applicable Laws and Applicable Permits.

c. submit detailed program for the Works to the Authority, providing the following details:

I. Part I: a). Contractor‘s organization for the Project, b). the general methods and

arrangements for design and construction, c). Quality Assurance Plan including design

quality plan, traffic management and safety plan covering safety of road users and

workers at the Project Site during work execution and d). Contractor‘s key personnel

and equipment.

II. Part II: Program of Construction of all the stages of construction and Project milestones

of the Works in line with the provisions of this RFP. The Program shall include:

i. the order in which the Contractor intends to carry out the Works, including the

anticipated timing of design and stages of Works.

ii. the periods for reviews and certification, by IIT Hyderabad for certification and the

Authority for review. The Contractor shall have to submit a revised program whenever

the earlier Program is inconsistent with the actual progress / Contractor‘s obligations.

d. The Contractor shall appoint a safety consultant (“Safety Consultant”) to carry out safety

audit at the design stage of the Project in accordance with the Applicable Laws and Good

Industry Practice. The Safety Consultant shall be appointed after proposing to the

Authority a panel of three names of qualified and experienced firms from whom the

Authority may choose one to be the Safety Consultant. Provided, however, that if the

panel is not acceptable to the Authority and the reasons for the same are furnished to the

Contractor, the Contactor shall propose to the Authority a revised panel of three names

from the firms empaneled as safety consultants by the [Ministry of Road Transport and

Highways] for obtaining the consent of the Authority. The Contractor shall also obtain the

consent of the Authority for the key personnel of the Safety Consultant who shall have

adequate experience and qualifications in safety audit of the projects.

e. the safety audit pursuant to Clause 2.2.5 (d) above shall be carried out by the Safety




Page 11 of 49


the Safety Consultant shall be incorporated in the design of the Project and the Contractor

shall forward to the Authority a certificate to this effect together with the




f. The Contractor‘s obligations with respect to the design and drawings of the Project shall

be:

i. To prepare and submit, with reasonable promptness and in such sequence as is

consistent with the Project Completion Schedule, three copies each of the design and

Drawings, duly certified by IIT, Hyderabad to the Engineer- in-Charge / Engineer’s

representative for review.

ii. by submitting the Drawings for review to the Authority, the Contractor shall be deemed

to have represented that it has determined and verified that the design and

engineering, including field construction criteria related thereto, are in conformity with

the Scope of Work of the Project and the Specifications of the RFP.

iii. if IIT, Hyderabad observes that the Drawings are not in conformity with the Scope of the

Project or / and the Specifications, such Drawings shall be revised by the Contractor in

conformity with the provisions of the Agreement and resubmitted to IIT Hyderabad for

review. In the event the Contractor fails to revise and resubmit such Drawings to the

Engineer-in-Charge for review as aforesaid, the Engineer-in-Charge may withhold the

payment for the affected works in accordance with the provisions of the Contract. If the

Contractor disputes any decision, direction or determination of the Engineer-in-Charge

hereunder, the Dispute shall be resolved in accordance with the Dispute Resolution

Procedure.

iv. No observation of IIT, Hyderabad and/or its failure to convey its observations on any

Drawings shall relieve the Contractor of its obligations and liabilities under this

Agreement in any manner nor shall the IIT, Hyderabad or the Authority be liable for the

same in any manner; and if errors, omissions, ambiguities, inconsistencies, inadequacies

or other Defects are found in the Drawings and the construction works, if carried out in

accordance with such erroneous drawings, shall be corrected at the Contractor's cost.

v. the Contractor shall ensure that its designers, including any third parties engaged by it,

shall have the required experience and capability in accordance with Good Industry

Practice and it shall indemnify the Authority against any damage, expense, liability, loss

or claim, which the Authority might incur, sustain or be subject to arising from any

breach of the Contractor‘s design responsibility and/or warranty set out in this Clause.

vi. works shall be executed in accordance with the Drawings provided by the Contractor in

accordance with the provisions of this Clause 2.2 and the observations, if any, of IIT,

Hyderabad thereon as communicated. Such Drawings shall not be amended or altered

without prior written notice to IIT, Hyderabad.

2.3. General Requirements

2.3.1. Metal Wire Mesh product comprising of doubled twisted hexagonally woven hot dipped

galvanized mild steel wire of diameter not less than 2.7 mm having minimum tensile strength

of 350 N/mm² confirming to IS:280 and or EN 10223-3. The zinc galvanization shall be heavy

coating for soft condition confirming to IS: 4826 and or EN 10244-2. For corrosive environment,

an additional PVC coating of 0.5 mm thickness shall be provided over the zinc galvanization.

The mesh of the box shall be of type (8 x 10) cm for metal gabion and mattresses respectively

as per EN-10223. Mesh shall be doubled twisted at each intersection and shall be mechanically



Page 12 of 49

selvedge along the edge of the boxes. The boxes standard sizes shall be as per ASTM A 975.

The box shall be divided into compartments by diaphragms placed at 1 m center to center.

2.3.2. Indigenously manufactured metal gabion and mattresses shall be used. The Engineer-in-Charge

or Engineer’s representative shall verify the manufacturer’s quality control procedures and

witness testing of products prior to dispatch of the material from the Plant.


a. Metal gabion and mattresses shall be delivered at Site in the form of bundles. All bundles

shall have a label or tag specifying name of the product, name of the manufacturer,

quantity of boxes and date of manufacture and box dimension.

b. Material shall be protected from mud, dirt, debris, any other harmful substances or

mechanical damage during transportation.

c. Boxes shall be stored in a secure area, sufficiently elevated above the ground and

adequately covered to protect them from the following:

➢ site construction damage,

➢ precipitation,

➢ prolonged exposure like chemicals that are strong acids or strong bases,

➢ flames including welding sparks,

➢ high temperatures; and

➢ from any other environmental conditions that may damage the physical property

values of the Metal Gabion and Mattresses.

d. Any material, which is damaged during transportation, handling or storage and do not

meet the minimum requirements of the Specifications is liable for rejection by the

Engineer-in-Charge.


a. The quality management system of the rockfall netting manufacturer shall conform to the


products having IS & CE mark.

b. Manufacturer shall issue a test report stating minimum average values of material

properties before shipment is made.

c. Manufacturer shall have in-house PVC manufacturing, coating and testing facilities as per


Bidder shall have to give a certificate / (MOU) from the manufacturer regarding design

support, vetting of design, supply sufficient quantity of double twisted wire mesh and

technical assistance during work execution.

d. Supplied material shall witness at manufacturer’s well-equipped laboratory by collecting

sample from the Project Site to conduct joint tests with the Engineer-in-Charge/Engineer’s

Representative, Manufacturer and Contractor’s engineers.

The Contractor shall have to furnish proof for all of the above.

2.4. Role & Responsibilities of the Contractor

The obligations of the Contractor during the Works execution are as detailed hereunder:

a. The Contractor shall not sub-contract the whole of the Works and also shall not sub-

contract any part of the Work without prior consent of the Authority. Any such consent



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shall not relieve the Contractor from any liability or obligation under the Contract

Agreement and it shall be responsible for the acts, defaults and neglects of any of its sub-

Contractor(s), its agents or workmen as fully as if they were the acts, defaults or neglects

of the Contractor, its agents and workmen.

b. The Contractor has to take Policies and certificates of insurance for the entire Scope of

Work for the total Contract Value. The contractor’s quoted rates are inclusive of work

insurance and no reimbursement will be made for this.

c. Trained manpower to be deployed at the Site and to ensure that they always wear

personal protective equipment to avoid injuries. To provide workmen with proper belts,

ropes, such other protective and safety measures when working on hill slope.

d. The Contractor shall have to keep the Authority totally indemnified against all claims,

damages, dues, payments, fines, penalties, compensation demands, liabilities and other

losses, if any, that may arise on account of non-compliance or violation of any statutory

provisions or on account of any accident, injury, loss or damage to the vehicles or life or

on any other account.

e. All necessary personal safety equipment as considered adequate shall be kept available

for use. To provide uniforms, safety wear and mobile handsets for Field Supervisors as

prescribed by the Authority.

f. The Authority reserves the right to impose / enforce any special terms / conditions from

time to time arising out of government orders, if any, or in the interest of the safety of

general public.

g. To establish an office in Hyderabad during Works execution.

h. Responsible for all Permissions & Clearances as amended from time to time and as

applicable to the Project.

i. During execution of Works, traffic shall be diverted wherever necessary by barricading

and duly providing traffic signals as per the standard specifications as applicable to

execution of Works.

j. During execution of Works, care shall be taken so that the existing services such as water

supply lines / electrical cables / telephone cables are not affected. Any damages to the

cable / to any installation shall have to be replaced by the Contractor to the original

position at its own cost.

k. The rock boulders, surplus earth after refilling and leveling at Site must be carted to the

nearest place as directed by the Authority.

2.5. Role & Responsibilities of the Authority

The role and responsibilities of the Authority, during the Works execution are as detailed

hereunder:

a. To facilitate for getting permits and approvals as required for the Project.

2.6. Project Duration: The scheduled Project completion period (the “Scheduled Project

Completion Period”) for execution Works is 9 (nine) months. The commencement of Works

shall be considered from the Project Commencement Date (PCD) as detailed in the

Agreement. Accordingly, the detailed Project execution plan shall have to be proposed by the

Contractor to the Authority for approval.



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The Chief Engineer, TSIIC can permit grant of extension of time for completion of Works up to

three months and the Committee constituted by the Authority beyond three months, subject

to levying Liquidated Damages, as per the provisions of the Contract.

ARTICLE 3: PAYMENT FOR THE SERVICES

3.1. Payment for the Services

3.1.1. The payment for the Works shall be at the Unit Rates as quoted by the Contractor in its Bid

and for the quantities of actual work executed. At the end of every calendar month, a joint

measurement of the work done at the Project Site shall be recorded. Please refer to

Schedule D (Detailed Specifications for carrying out the Work) of the Agreement for the basis

of measurement. The payment shall be made as per the procedure as detailed hereunder:

S No. Work Description Payment Process Payment Amount

1

For the Works

executed at the Site

as per the provisions

of the Contract.

On receipt of Certificate from

IIT, Hyderabad for the Works

executed in conformity with the

Specifications as defined in the

Agreement.

The payment shall be made

to the Contractor for the

quantities of work executed

at the Unit Rates as

mentioned in Schedule C

(Unit Rates of Payment) of

the Contract Agreement.

3.1.2. Retention Money @ 7.5% on each of the bill shall be withheld; 50% of such withheld Retention

Money shall be payable on Completion of Works as certified by the Engineer-in-Charge and

balance 50% shall be paid at the end of Defect Liability Period, i.e., 24 (twenty four) months

from completion of Works and the Engineer-in-Charge has certified that Defects notified, if

any, have been cured/corrected.

3.1.3. The above payments will be for all the Works executed as per the Scope of Work, subject to

the terms and conditions of the Agreement.

Since the period of execution of Works is 9 (nine) months only and as the Works involve

materials of proprietary in nature and not covered by standard Schedule of Rates (SoR),

variation in Unit Rates is not permitted. Accordingly, the Unit rates as quoted in the Bid by the

Contractor shall be deemed to include amounts to cover the contingencies of any increase in

costs.

3.1.4. The Authority shall make the payments after deducting Liquidated Damages levied, if any. The

Authority shall pay to the Contractor the bill within 15 days from the date of receipt of the

properly submitted bill

3.1.5. The following are the guidelines with reference to the roles and responsibilities of field staff,

quality control / quality audit staff of the Authority and Third Party Quality Control Agency

and procedure for recording of work executed in Measurement Book (M Book) for making

payments to the Contractor for the work executed every month including maintenance of the

records and certification of quality of work executed.

a. Field/quality control/quality audit Staff: The field/quality control/quality audit staff has to

associate with the Contractor while conducting the tests. In case of necessity they may

conduct tests independently whenever required.

b. IIT, Hyderabad shall verify the records maintained by the Contractor. The field/quality

control/quality audit staff of the Authority shall check all the components of the works as

per the Scope of Work at critical stages and record independently.

c. IIT, Hyderabad shall issue the Stability Certificate for releasing final payment to the

Contractor based on the test results for the material supplied at the Site and also the field



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tests carried out for the executed Works. In this regard, IIT, Hyderabad shall also make a

monthly Site inspection and issue works execution Certificate in conformity with the

defined Specifications. It shall also witness/observe any critical field tests of importance.

The charges for these services of IIT, Hyderabad shall have to be borne by the Contractor.

ARTICLE 4: OBLIGATIONS OF THE CONTRACTOR

4.1. Obligations of the Contractor

4.1.1. The Contractor shall comply with all Applicable Laws and Applicable Permits (including

renewals as required in this regard) in the performance of its obligations under the

Agreement.

4.1.2. The Contractor shall discharge its obligations in accordance with Good Industry Practice and as

a reasonable and prudent person.

4.1.3. The Contractor is solely responsible for any associated expenses and statutory dues such as

GST, payment to Employees’ Benefit Funds, etc., arising out of the Agreement and the

Authority shall not be liable for the same under any circumstances.

4.1.4. No labor below the age of eighteen years shall be employed on the work by the Contractor.

4.1.5. To take all the reasonable steps to protect the environment.

4.1.6. The Contractor shall, at its own cost and expense, in addition to and not in derogation of its

obligations elsewhere set out in this Agreement fulfil the following:

a. the liability of any damage or loss in case of a death or injury to any personnel engaged in

the Project shall be the sole responsibility of the Contractor and the Authority shall not, in

any manner be a party to or responsible for such damages or losses. In this regard, the

Contractor has to furnish Indemnity Bond to the Authority as per Schedule F.

b. ensure, procure and comply with all Applicable Permits and Applicable Laws in the

performance by them of any of the Contractor’s obligations under the Agreement.

c. make or cause to be made, necessary applications to the relevant Authorities with such

particulars and details, as may be required for renewing of Applicable Permits and such

other licenses that are required to be maintained during the Project Execution Period at

their cost and keep in force and effect such Applicable Permits in conformity with the

Applicable Laws.

d. not do or omit to do any act, deed or thing which may in any manner be violative of any of

the provisions of the Agreement;

e. The Contractor shall ensure that the personnel engaged by it in the performance of its

obligations under this Agreement are at all times properly trained for their respective

functions; and

f. to comply with the provisions of the Minimum Wages Act 1948, Workmen’s Compensation

Act 1923, Contract Labor (Regulation and Abolition) Act 1970 and Central Rules 1971,

Payment of Wages Act 1936, Employer’s Liability Act 1938, as applicable, and any other

Act or enactment relating thereto and the rules and regulations issued there under from

time to time. The Contractor shall also be liable for any pecuniary liability arising on

account of violation by him of the provisions of the Act.

ARTICLE 5: GENERAL CONDITIONS OF THE CONTRACT

5.1. Engineer-in-Charge’s Decisions:



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Except where otherwise specifically stated in the Agreement, the Engineer-in-Charge shall

decide the contractual matters between the Authority and the Contractor. The Engineer-in-

charge may delegate any of his / her duties and responsibilities to other engineers/

supervisors of the Authority and may cancel any delegation by an official order issued.

5.2. Deployment of Personnel:

5.2.1. The Contractor shall employ the required Key Personnel as furnished at the time of submission

of its Bid or any other personnel in case of non-availability of the proposed Personnel for any

genuine reasons and as approved by the Engineer-in-Charge. The Engineer-in-Charge will

approve any proposed replacement of Key Personnel only if their qualifications, abilities, and

relevant experience are substantially equal to or better than those of the personnel listed at

the time of Bidding.

5.2.2. The technical personnel should be on full time and available at the Site whenever required by

Engineer-in-Charge to take instructions.

5.2.3. If the Contractor fails to employ technical personnel, the work will be suspended, or the

Authority will engage technical personnel and recover the cost thereof from the Contractor.

5.3. Correction of Defects:

5.3.1. The Authority or Authority’s Representative shall give notice to the Contractor for any Defects

within the Defects Liability Period. The Defects Liability Period shall be extended as long as

Defects remain to be rectified by the Contractor.

5.3.2. Whenever a notice of a Defect is given, the Contractor shall correct the notified Defect within

the stipulated time period as specified in the notice.

5.3.3. If the Contractor fails to rectify the Defect within the time period as specified in the Authority

or Authority’s Representative notice, the Engineer-in-Charge will assess the cost of having the

defect rectified and the same shall be recovered from the Contractor.

6.3.3. The Engineer-in-Charge may also introduce check lists which shall be kept in bound registers

by the construction supervision staff. The Contractor may be required to fill these lists in the

first instance and shall be subsequently checked by the Construction / Quality Control

engineers, if any.

5.4. Existing Utilities:

5.4.1. Existing utilities: Notwithstanding anything to the contrary contained herein, the Contractor

shall ensure that the respective entities owning the utilities on, under or above the Site are

enabled by it to keep such utilities in continuous satisfactory use, if necessary, by providing

suitable temporary or permanent diversions with the authority of the controlling body of that

utility, and TSIIC shall, upon written request from the Contractor, initiate and undertake at

the Contractor cost, legal proceedings for acquisition of any right of way necessary for such

diversion, if so required.

5.4.2. Shifting of obstructing utilities: The Contractor shall, subject to Applicable Laws and with

assistance of the Authority, undertake shifting of any utility including electric lines, water

pipes and telephone cables, to an appropriate location or alignment within or outside the Site

if and only if such utility causes or shall cause a material adverse effect on the construction of

the Project. The cost of such shifting shall be borne by the Authority or by the entity owning

such utility as per the applicable Standard Schedule of Rates of Telangana, if the Authority, if

so directs, and in the event of any delay in shifting thereof, the Contractor shall be excused

for failure to perform any of its obligations hereunder if such failure is a direct consequence of



Page 17 of 49

delay on the part of the entity owning such electric lines, water pipes or telephone cables, as

the case may be.

5.5. Discoveries:

Anything of historical or other interest or of significant value unexpectedly discovered on the

Project Site, it shall be the property of the Government. The Contractor is to notify the

Engineer-in-Charge of such discoveries and carry out the instructions for dealing with it.

5.6. Possession of the Site:

The Site for the execution of Works will be available as soon as the work is awarded. In case it

is not possible for the Authority to make entire Site available on the award of the work, due to

any unforeseen reasons like court orders etc., the Contractor will have to modify his work

programme of Construction accordingly. No claim whatsoever for not giving the entire site in

one stretch on award of work, (or) for handing over the Site in phases will be tenable.

In case part of the Site is only given for work execution, the Authority shall ensure that the

part Site so handed over, is amenable to carry out the work by the Contractor.

5.7. Access to the Site:

The Contractor shall provide the Authority or its Representative or any other person

authorized by the Engineer-in-Charge, access to the site and to any other place in connection

with the Works.

5.8. Site Order Book:

A site order book shall be maintained at the Site and it shall be the property of the Authority

and the Contractor shall promptly sign orders given therein by the Engineer-in-Charge or

his/her authorized representative and comply with them. The compliance shall be reported by

the Contractor to the Engineer-n-Charge in good time so that it can be checked. The blank Site

Order Book in quadruplicate with perforated sheet for three copies to be detached will be

provided by the Zonal Manager for this purpose. Whenever any instructions are written in the

Site Order Book, the Contractor will be supplied with the first carbon copy.

5.9. Extra Items:

i. In case of any extra items / supplemental works, approval shall be accorded by the Chief

Engineer, TSIIC.

ii. Changes in the Scope: The Contractor is bound to execute all supplemental works that are

found essential, incidental and inevitable during execution of the Works.

For the avoidance of doubt, extra items of work shall not vitiate the Contract. The Contractor

shall be bound to execute extra items of work as directed by the Authority. The rates for

extra items shall be worked out by the Authority as per the provisions of the Agreement and

the same is binding on the Contractor.

5.10. Income Tax:

5.10.1. During the course of the Contract, deduction of Income tax at 2.24% or the rate as applicable

as decided by the Government from time to time shall be made from the gross value of the

bills of the Contract.

In this regard, for the Contract Value is in excess of Rs.10,000/- for deduction of tax at rates

not lower than 2.24% procedure stipulated under section 194- C(4) of Income tax,1961 shall be

followed.



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5.10.2. Income Tax clearance certificate should be furnished before the payment of final Bill.

5.10.3. The Contractors staff and labour will be liable to pay personnel income taxes in respect of

their salaries and wages as are chargeable under the laws and regulations for the time being in

force and the Contractor shall perform such duties in regard to such deductions there of as

may be imposed on it by such laws and regulations.

5.11. GST:

5.11.1. GST will be added in each bill as per prevailing rates & rules and amendments there on from

time to time and paid to the Contractor for discharging its liability.

5.11.2. The contractor should produce proof of payment of GST at the time of submission of

subsequent bills.

5.12. Liquidated Damages:

5.12.1. If for any reason, which does not entitle the Contractor to an extension of item or the rate of

progress of Works at any time, in the opinion of the Authority is too slow for completion of

Works within Scheduled Completion Date or extended time for completion of Works, the

Engineer-in-Charge shall notify the Contractor in writing and the Contractor shall there upon

take such steps as are necessary to complete the Works by the Scheduled Completion Date or

extended time. The contractor shall not be entitled to any additional payment for taking such

steps. If as a result of any notice given by the Engineer-in-Charge under this Clause, the

Contractor shall seek Authority’s permission to do any work at night or on Sundays or on

locally recognised holidays such permission shall not be unreasonably refused.

5.12.2. If the Contractor fails to complete whole of the works or any part thereof within Scheduled

Completion Date or the stipulated individual milestones (including any bonafide extensions

allowed by the competent authority without levying liquidated Damages), the Engineer-in-

Charge may without prejudice to any other remedies that may be available to him/her under

the provisions of the Contract, deduct Liquidated Damages as detailed below for the period of

delays from any bills in his hands due or which may become due to the Contractor. The

payment or deductions of such Liquidated Damages shall not relieve the Contractor from its

obligation to complete the works, or from any other obligations and liabilities under the

Contract.

For milestone 1: Rs. 11808.00 per day. For milestone 2: Rs. 29518.00 per day. For milestone 3: Rs. 17711.00 per day. For whole of the work: Rs. 59037.00 per day.

For the avoidance of doubt, the maximum amount of such Liquidated Damages for the whole

of the works shall not be more than 10% of the final Contract Value.

5.13. Mobilisation Advance:

No Mobilisation Advance shall be paid.

5.14. Defect Liability Period:

Defect Liability Period is 2 (two) years from issue of Completion Certificate, subject to the




Page 19 of 49

ARTICLE 6: SPECIAL CONDITIONS OF CONTRACT

6.1. Water Supply:

The Contractor has to make its own arrangements for water required for the work and for the

Work Site.

6.2. Electrical Power:

6.2.1. The Contractor will have to make its own arrangements for drawing electric power from the

nearest powerline after obtaining permission from the Telangana State Electricity Board at its

own cost. The contractor shall have to pay the bills of Electricity Department for the cost of

power consumed by it.

6.2.2. In case of power outages, the Contractor has to make alternative arrangements for supply of

electricity by Diesel Generator sets of suitable capacity at place of work.

6.2.3. The contractor shall satisfy all the conditions and rules required as per Indian Electricity Act

1910 and under Rule-45 (I) of the Indian Electricity Rules, 1956 as amended from time to time

and other pertinent rules.

6.3. Explosive and fuel storage tanks:

No explosive shall be stored within 1/2 (half) KM of the limit of the camp site. The storage of

gasoline and other fuel oils or of Butane, Propane and other liquefied petroleum gases, shall

confirm to the regulations of Telangana State Government and Government of India. The

tanks, above ground and having capacity in excess of 2000 litres, shall not be located within

the camp area, nor within 200m, of any building.

6.4. Labour:

As per Govt. memo No.721/Gr.(I)/81-35, dt:17.11.87. The contractor shall obtain the

insurance at his own cost to cover the risk on the works to labour engaged by him during

period of execution against fire and other usual risks and produce the same to the Authority

before commencement of work.

6.5. Fair Wages:

1. The contractor shall pay not less than fair wages to labourers engaged for the work. In this

regard, Fair wages mean wages as notified by the Government from time in the area in

which the work is done.

2. The contractor to ensure that labour engaged on the work by the sub-contractor, if any, pay

fair wages, as if the labourers have been directly employed by it.

3. In respect of labour directly or indirectly employed in the works the Contractor shall comply

with the rules and regulations for the maintenance of suitable records prescribed for this

purpose from time to time by the Government. It shall maintain the accounts and vouchers

on the payment of wages to the labourers to the satisfaction of the Authority.

4. The Authority shall have the right to call for such record as required to satisfy itself on the

payment of fair wages to the labourers and shall have the right to deduct from Contractor’s

payments a suitable amount for making good the loss suffered by the worker or workers.

5. As per contract labour (Regulation and abolition) Act. 1970 the Contractor has to produce

the license obtained from the licensing officers of the labour department along with the

tender or at the time of signing of the Agreement.



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6. Any violation of the conditions above shall be deemed to be a breach of his contract.

7. Equal wages are to be paid for both men and women if the nature of work is same and

similar.

6.6. Liabilities of the Contractor:

6.6.1. Accident Relief and workmen compensation:

The Contractor should make all necessary arrangements for the safety of workmen employed

at the Site. On occurrence of any accident, which results in injury or death of any of the

workmen employed, the Contractor shall within 24 hours of the happening of the accident

should intimate in writing to the Authority of such accident(s). The Contractor shall indemnify

the Authority against all loss or damage that may accrue on account of such incidents directly

or indirectly from its failure to give intimation in the manner aforesaid including the penalties

or fines if any payable by Govt. as a consequence of Authority’s failure to give notice under

workmen’s compensation Act or otherwise conform to the provisions of the said Act in this

regard.

6.6.2. In case of an accident in respect of which compensation may become payable under the

workmen’s compensation Act VIII 23 whether by the Contractor or by the Authority, the

Authority may retain such sum of money which may in the opinion of the Authority be

sufficient to meet such liability. The opinion of the Zonal Manager shall be final in all matters

arising under this Clause 6.6.

6.7. Work during night or on Sundays/holidays:

The works shall allow to be carried out during nights, Sundays / authorised holidays in order to

meet the scheduled targets, subject to fulfilling the following conditions:

a. The provisions of relevant labour laws being adhered to,

b. Adequate lighting, supervision and safety measures are established to the satisfaction of

the Authority; and

c. The Programme of Construction given by the Contractor and agreed upon by the Authority

envisages such night working or working during Sundays or authorised holidays or to make

up for any lost time due to any Force Majeure Event(s).

d. The contractor shall deposit materials for the purpose of the work execution on such parts

of the ground as may be approved by the Engineer-in-Charge before commencement of

work. A detailed survey, clearly indicating position and areas where materials shall be

stacked and sheds built, if so required, is to be conducted by the Contractor at its own

cost.

e. Procurement of blasting materials and its storage is the responsibility of the Contractor.

The Contractor shall have to engage licensed blaster for blasting operations. In this regard,

the Contractor has to act in accordance with Indian Explosive Act and any other extant

rules during the execution of work. It is the responsibility of the Contractor to see that

works by other agencies in the vicinity are not hampered, in such cases if any claim is made

by other agencies that should be borne by the Contractor. Carriage of blasting materials to

the work Site is the responsibility of the Contractor.

6.8. Variations by way of modifications / omissions /additions:

6.8.1. For all modifications, omissions / additions to the drawings and Specifications, the Engineer-

in-Charge will issue revised plans, or written instructions, or both and no modification,

omission or addition shall be made unless so authorised and directed by the Engineer-in-



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Charge in writing. In this regard, the appellate authority is Chief Engineer, TSIIC in respect of

designs and drawings approved by Engineer-in-Charge.

6.8.2. Any additional items of work contingent to main work and outside the scope of Work of the

Contract will be approved by the Engineer-in-Charge with prior approval of the Committee

constituted by the Authority and the Contractor shall be bound to execute such additional

items. Payment for the same shall be at the price decided by the chief Engineer.

6.8.3. Measurements shall be recorded by Contractor in Measurement Book (M. Book) and Level Field

Books (L.F. Book) issued by the Zonal Manager duly numbered and certified. The M. Books and

L.F. Book have to be maintained by the Contractor through authorized graduate engineers as

per procedure prescribed in Code and to be handed over to the Engineer-in-charge.

6.8.4. The Contractor has to submit the bills along with a true extract of the entire set of M. Book

and L.F. Book to the Engineer-in-Charge for checking and making payment. The Engineer-in-

Charge shall keep the full set of true extract with him / her and return the originals to the

Contractor for further use. The entire original record shall be finally handled over to the

Engineer-in-charge by the Contractor for record.

6.9. Maintenance Manual

Prior to completion of Works and issuance of Completion Certificate, the Contractor shall, in

consultation with Third Party Quality Control Agency and Safety Consultant evolve a

maintenance manual (“Maintenance Manual”) for the regular and preventive maintenance of

the Works executed, in conformity with the Specifications, safety requirements and Good

Industry Practice, and shall provide 5 (five) copies thereof to the Authority. The authority shall

review the Maintenance Manual and communicate its comments to the Contractor for

necessary modifications, if any.

6.10. Employment of foreign personnel:

Employment of foreign personnel by the Contractor and/or by the subcontractor shall be

subject to grant of requisite regulatory permits including employment visas and work permits,

as required, and the obligation to apply for and obtaining the same shall always be of the

Contractor. Refusal of such permits shall not constitute Force Majeure event and shall not

relieve the Contractor from the performance and discharge of its obligations.

ARTICLE 7: DISCLAIMER

7.1. Disclaimer

7.1.1. The Contractor acknowledges that prior to the execution of the Agreement, the Contractor has

carefully examined and made an independent evaluation of the Scope of Work for the Project,

Specifications, the Site conditions, and such other information as provided in the RFP

document or obtained, procured or gathered otherwise, and has determined to its satisfaction

the accuracy or otherwise thereof and the nature and extent of risks, challenges and hazards

as are likely to arise or may be faced by it during the course of performance of its obligations.

the Authority makes no representation whatsoever, express, implicit or otherwise, regarding

the accuracy, correctness, reliability and/or completeness of any assessment, assumptions,

statement or information provided by it and the Contractor confirms that it shall have no

claim whatsoever against the Authority in this regard.

7.1.2. The Contractor acknowledges and hereby accepts the risks of inadequacy, mistake or error in

or relating to any of the matters set forth in Clause 7.1.1 above and hereby acknowledges and

agrees that the Authority shall not be liable for the same in any manner whatsoever to the

Contractor, the selected bidder and its Associates or any person claiming through or under any

of them.



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7.1.3. The Parties agree that any mistake or error in or relating to any of the matters set forth in the

RFP document shall not vitiate the Agreement or render it voidable.

7.1.4. Except as otherwise provided in the Agreement, all risks relating to the Project shall be borne

by the Contractor and the Authority shall not be liable in any manner for such risks or the

consequences thereof.

ARTICLE 8: PERFORMANCE SECURITY

8.1. Performance Security

8.1.1. The Contractor shall for the performance of its obligations provide the Authority prior to

signing of the Agreement, an irrevocable and unconditional guarantee from a Bank acceptable

to the Authority for 2.5% of the Contract Value or Estimated Contract Value (ECV), which ever

is greater, amounting to Rs. ---- (Rupees ------- only) for a period of 2 (two) years and 9 (nine)

months and 28 days in the form set forth in Schedule E. Until such time the Performance

Security is provided by the Contractor pursuant hereto and the same comes into effect, the

Earnest Money Deposit shall remain in force and effect, and upon provision of the Performance

Security pursuant hereto, the Authority shall release the Earnest Money Deposit to the

Contractor. In case, the EMD is paid through net-banking payment/debit card/credit card,

such amount will be adjusted and the Bank Guarantee for the balance amount shall only needs

to be furnished towards Performance Security by the Contractor.

8.2. Appropriation of Performance Security

Upon occurrence of a Default during the Contract Period, or failure to meet any conditions

precedent, the Authority shall without prejudice to its other rights and remedies in the

Agreement or in law, be entitled to encash and appropriate the relevant amounts from the

Performance Security as Liquidated Damages for such Contractor Default(s) or failure(s) to

meet the service levels as detailed in this Agreement. Upon such encashment and

appropriation from the Performance Security, the Contractor shall, within 10 (ten) days

thereof, replenish in case of partial appropriation, to its original level the Performance

Security and in case of appropriation of entire Performance Security provide a fresh

Performance Security as the case may be, and the Contractor shall, within the time so

granted, replenish or furnish fresh Performance Security as aforesaid failing which the

Authority shall be entitled to terminate the Agreement in accordance with Article 16.

8.3. Release of Performance Security

The Performance Security shall remain in force and effect till 2 (two) years and 28 days from

the issuance of Completion Certificate; provided, however, that the Performance Security

shall not be released if the Contractor is in breach of this Agreement, till such time the

breach is cured. Upon request made by the Contractor for release of the Performance Security

along with the particulars which establish satisfaction of the requirements specified in this

Clause 8.3, the Authority shall release the Performance Security at the end of Defect Liability

Period.

8.4. Additional Security Deposit: In case the Selected Bidder’s (the Contractor) quoted Bid Price is

lower by 25% or more, than the Estimated Contract Value, the Contractor in such case have to

furnish a Bank Guarantee for the difference between the tendered amount and 75 % of

Estimated Contract Value as additional security deposit (the “Additional Security Deposit”) at

the time of concluding the Agreement. Such Additional Security Deposit shall remain in force

till 28 days from the issuance of Completion Certificate.

ARTICLE 9: PROJECT COMMENCEMENT DATE

9.1. Project Commencement Date

The Project Commencement Date (PCD) shall be the date of signing of the Agreement.



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9.2. Liquidated Damages for delay

If the PCD does not occur prior to the 15th (fifteenth) day from issue of Letter of Award, the

Contractor shall pay Liquidated Damages to the Authority at the rate of 1 % of the amount of

EMD for each day of delay until PCD is achieved.

ARTICLE 10: CONSTRUCTION OF THE PROJECT

10.1. Obligations prior to commencement of Construction Works

Prior to commencement of Project works, the Contractor shall:

a. appoint its representative duly authorized to deal with the Authority in respect of all

matters or arising out of or relating to this Agreement;

b. make its own arrangements for procurement of materials / equipment / tools, etc.,

needed for the construction; and

c. submit its proposed construction methodology, work execution plan and such other aspects

that are relevant for Project execution within 14 (fourteen) days from Project

Commencement Date, which shall include the following:

I. organization structure, duties and responsibilities of concerned staff, operating

procedures, inspection methodology; and

II. quality control mechanism including sampling and testing of works executed, the list of

Project Acceptance Tests and their interpretation of results, test frequencies,

acceptance criteria, testing facilities and tie up if any, recording, reporting,

interpretation of test results, checklist for the activities, standard formats for testing

and calibration; and shall take approval of the Authority; and

g. undertake, do and perform all such acts, deeds and things as may be necessary or required

before commencement of work on the Project under and in accordance with this

Agreement.

10.2. Drawings

In respect of the Contractor’s obligations relating to the Drawings of the Project, the

following shall apply:

a. The Contractor shall prepare and submit, with reasonable promptness and in such

sequence, as is consistent with the Project Completion Schedule, three copies each of all

Drawings to the Authority’s Engineer-in-Charge for review;

b. By submitting the Drawings for review to the Authority, the Contractor shall be deemed to

have represented that it has determined and verified that the design and engineering,

including field construction criteria related thereto, are in conformity with the Scope of

Work, Specifications, Applicable Laws and Good Industry Practice;

c. Within 15 (fifteen) days of the receipt of the Drawings, the Authority’s Engineer-in-Charge

shall review the same and convey its observations to the Contractor regarding their

conformity or otherwise with the Scope of Work and the Specifications. In this regard, the

Contractor shall have to get the drawings & the design proof checked by IIT, Hyderabad.

The charges in this regard has to be borne by the Contractor;

d. No review and/or observation of the Authority’s Engineer-in-Charge, and/or its failure to

review and/or convey observations on any Drawings shall relieve the Contractor of its



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obligations and liabilities under the Agreement in any manner nor shall the Authority be

liable for the same in any manner; and

e. Any change in the basic design and structure of the Project is subject to approval of the

same by the Authority. The Authority shall permit the changes if it is satisfied that the

changes are going to benefit the Project.

10.3. Safety Plan

a. Within 15 (fifteen) days from the Project Commencement Date, the Contractor shall

appoint a safety consultant (“Safety Consultant”) to carry out safety audit at the design

stage of the Project in accordance with the Applicable Laws and Good Industry Practice.

The Safety Consultant shall be appointed after proposing to the Authority a panel of three

names of qualified and experienced firms from whom the Authority may choose one to be

the Safety Consultant. Provided, however, that if the panel is not acceptable to the

Authority and the reasons for the same are furnished to the Contractor, the Contactor

shall propose to the Authority a revised panel of three names from the firms empaneled as

safety consultants by the [Ministry of Road Transport and Highways] for obtaining the

consent of the Authority. The Contractor shall also obtain the consent of the Authority for

the key personnel of the Safety Consultant who shall have adequate experience and

qualifications in safety audit of the projects.

b. The safety audit pursuant to Clause 8.3 (a) above shall be carried out by the Safety



the Safety Consultant shall be incorporated in the design of the Project and the

Contractor shall forward to the Authority a certificate to this effect together with the




c. The Authority shall provide comments, if any, on the submitted Safety Plan to the

Contractor or notify its approval within 7 (seven) days from the date of receipt of the

Safety Plan from the Contractor. The Authority may require the Contractor to amend or

modify the Safety Plan if it identifies any deficiencies or shortcomings in the Safety Plan.

Thereafter, the Contractor shall submit the revised Safety Plan to the Authority for its

approval.

d. The Contractor shall ensure to comply in all aspects to the approved Safety Plan, during

the execution of Works as per the provisions of this Agreement. Any failure of the

Contractor or its sub-contractors to comply with the Safety Plan shall constitute a

Contractor Event of Default. The Contractor shall not deviate from or make any

subsequent modifications or amendments to the approved Safety Plan without prior

written approval of the Authority.

10.4. Construction of the Project

10.4.1. On or after the Project Commencement Date, the Contractor shall undertake construction of

the Project at the Site as per the Scope of Work and in conformality with the approved Design

& Specifications as defined in the Agreement. The completion of 9 (nine) months from the

Project Commencement Date shall be the scheduled date for completion of the Project (the

“Scheduled Completion Date”) and the Contractor shall agree and undertake to complete the

Project on or before the Scheduled Completion Date;

10.4.2. In the event the Project is not completed within 120 (one hundred and twenty) days from the

Scheduled Project Completion Date, unless the delay is due to the reasons attributable to the



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Authority or due to Force Majeure, the Authority shall be entitled to terminate the

Agreement; and

10.4.3. Within 15 (fifteen) days of the Project Completion Date, the Contractor shall furnish to the

Authority a complete set of as-built Drawings in 3 (three) hard copies and in such other

medium as may be acceptable to the Authority, reflecting the Project as actually designed,

engineered and constructed.

10.5. Monitoring of construction

10.5.1. During construction of the Project, the Contractor shall furnish monthly progress reports to

the Engineer-in-Charge on the progress of Construction Works and shall also give such other

relevant information as may be required by the by the Authority. The monthly progress reports

shall be submitted no later than 7 (seven) days after the close of each month;

10.5.2. Samples of all products to be used shall be submitted to the Authority when so directed. Any

damage during construction, to any part of the work, for any reasons, due to rain, storm, or

neglect of the Contractor, shall be rectified by the Contractor, in an approved manner;

10.5.3. During the Construction Period, the Engineer-in-Charge shall inspect the Project at least once

in a fortnight (15 days) and make a report of such inspection, the defects or deficiencies, if

any, with particular reference to the Scope of Work, the progress of construction, defects or

deficiencies, if any, the status of compliance with the Construction Plan and Specifications. It

shall send a report within 7 days of such inspection to the Contractor and upon receipt

thereof, the Contractor shall rectify and remedy the defects and the deficiencies, if any,

stated in the Inspection Report. However, such inspections or the submission of Inspection

Report by the Engineer-in-Charge shall not relieve or absolve the Contractor of its obligations

and liabilities, as per the provisions of the Agreement, in any manner whatsoever; and

10.5.4. All equipment/machinery/materials covered under the Project shall be subjected to

inspection / testing by the Engineer-in-Charge.

10.6. Suspension of unsafe Construction Works

10.6.1. The Authority may by notice require the Contractor to suspend forthwith the whole or any part

of the Construction Works if, in the reasonable opinion of the Authority, such work threatens

the safety of the passersby. Provided, however, that in case of an Emergency, the Authority

may suo moto issue the notice referred to hereinabove.

10.6.2. If suspension of Construction Works is for reasons not attributable to the Contractor, the

Authority’s Engineer-in-Charge shall determine any extension of the dates set forth in the

Project Completion Schedule to which the Contractor is reasonably entitled and shall extend

such Project Completion Schedule dates. In the event that the Scheduled Completion Date is

extended pursuant hereto, the Contract Period shall be deemed to be extended by a period

equal in length to the period of extension of the Scheduled Completion Date.

ARTICLE 11: COMPLETION CERTIFICATE

11.1. Tests

11.1.1. At least 15 (fifteen) days prior to the likely completion of the Project, the Contractor shall

notify the Authority’s Engineer-in-Charge likely completion and its intent to subject the Works

to Tests. The Tests shall be conducted in presence of Contractor’s representative to witness

the Tests. The Contractor shall provide such assistance as the Engineer-in-Charge may require

for conducting the Tests.

11.1.2. The Engineer-in-Charge shall observe, monitor and review the results of the Tests to

determine compliance of with the Specifications of the Project and if it is reasonably



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anticipated or determined in any of the Tests that any part thereof does not meet the

Specifications, the Authority has the right to suspend or delay such Test and require the

Contractor to remedy and rectify the defects or deficiencies. For the avoidance of doubt, it is

expressly agreed that the Contractor may have to carry out additional Tests, if required, in

accordance with Good Industry Practice, for determining the compliance of the Project with

the Specifications.

11.2. Completion Certificate

Upon completion of works and the determining the tests to be successful, the Engineer-in-

Charge forthwith issue a certificate about the Project completion (the “Completion

Certificate”). The Project shall be deemed to be complete when the Completion Certificate is

issued.

ARTICLE 12: SAFETY REQUIREMENTS

12.1. Safety Requirements

The Contractor shall comply with the provisions of this Agreement, Applicable Laws and

Applicable Permits and conform to Good Industry Practice for securing the safety of the

Public.

The contractor shall take all necessary measures for the safety of traffic during construction

and erect and maintain such barricades, including signs, markings, flags lights and information

and protection of traffic approaching or passing through the section of the carriageway while

carrying out the Works. Before taking up any execution of work, an agreed programme for the

diversion of traffic on the highway shall be drawn up in consultation with the Engineer-in-

Charge.

ARTICLE 13: INSURANCE

13.1. Insurance during Construction Period

The Contractor shall effect and maintain at its own cost, during the Contract Period, such

insurances for such maximum sums as may be required or prudent in accordance with Good

Industry Practice and the Applicable Laws (the "Insurance Cover"). Such insurances have to be

in the joint names of the Authority and the Contractor and have to be furnished to the

Authority within 14 days from Project Commencement Date.

The Insurance Cover shall be up to the end of completion of Works, till such time Completion

Certificate is issued. The Insurance Cover must necessarily cover the following Contractor’s

risks.

a. loss of or damage to the Works, plant and materials.

b. loss of or damage to the equipment.

c. loss of or damage of property in connection with the Contract.

d. personal injury or death of persons employed for construction.

e. Professional liability insurance: The Contractor shall affect professional indemnity

insurance, which shall cover the risk of professional negligence in the design of the works.

This insurance shall be for a value not less than the Contract Value of Rs. -------------

(Rupees ------------- only).

f. Any other insurances as may be required as per Good Industry Practice.



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13.2. All such insurance shall provide for compensation to be payable to rectify the loss or damage

incurred.

i. The Contractor shall furnish insurance policy in force in accordance with proposal furnished

in the Bid and approved by the Authority for concluding the agreement.

ii. The Contractor shall also pay regularly the subsequent insurance premium and produce

necessary receipt(s) to the Authority, well in advance.

iii. In case of failure to act in the above said manner the Authority will pay the premium and

the same will be recovered from the Contractors payments.

Alterations to the terms of insurance shall not be made without the approval of

Authority/Authority’s Representative.

13.3. Application of insurance proceeds

The proceeds from all insurance claims, except life and injury: shall apply for any necessary

repair, reconstruction, reinstatement, replacement, improvement or delivery of the Project.

ARTICLE 14: FORCE MAJEURE

14.1. Force Majeure

As used in this Agreement, the expression "Force Majeure" or "Force Majeure Event" shall mean

occurrence in India of any or all of Non-Political Event, Indirect Political Event and Political

Event which affects the performance by the Party claiming the benefit of Force Majeure (the

"Affected Party") of its obligations under this Agreement and which act or event (i) is beyond

the reasonable control of the Affected Party, and (ii) the Affected Party could not have

prevented or overcome by exercise of due diligence and following Good Industry Practice, and

(iii) has Material Adverse Effect on the Affected Party.

14.2. Non-Political Event

A Non-Political Event shall mean one or more of the following acts or events:

a. act of God, epidemic, extremely adverse weather conditions, lightning, earthquake,

landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or

ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or

explosion originating from a source external to the Site);

b. strikes or boycotts (other than those involving the Contractor, Sub- contractors or their

respective employees/representatives, or attributable to any act or omission of any of

them) interrupting supplies and services to the Project for a continuous period of 24

(twenty four) hours and an aggregate period exceeding 10 (ten) days in an Accounting

Year, and not being an Indirect Political Event set forth in Clause 14.3;

c. any failure or delay of a Sub-contractor but only to the extent caused by another Non-

Political Event;

d. any judgement or order of any court of competent jurisdiction or statutory authority made

against the Contractor in any proceedings for reasons other than (i) failure of the

Contractor to comply with any Applicable Law or Applicable Permit, or (ii) on account of

breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement

of this Agreement, or (iv) exercise of any of its rights under this Agreement by the

Authority;



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e. the discovery of geological conditions, toxic contamination or archaeological remains on

the Site that could not reasonably have been expected to be discovered through a site

inspection; or

f. any event or circumstances of a nature analogous to any of the foregoing.

14.3. Indirect Political Event

An Indirect Political Event shall mean one or more of the following acts or events:

a. an act of war (whether declared or undeclared), invasion, armed conflict or act of foreign

enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion

or politically motivated sabotage;

b. industry-wide or State-wide strikes or industrial action for a continuous period of 24

(twenty- four) hours and exceeding an aggregate period of 10 (ten) days in an Accounting

Year;

c. any civil commotion, boycott or political agitation which prevents construction of the

Project Highway by the Contractor for an aggregate period exceeding 10 (ten) days in an

Accounting Year;

d. any failure or delay of a Sub-contractor to the extent caused by any Indirect Political

Event;

e. any Indirect Political Event that causes a Non-Political Event; or

f. any event or circumstances of a nature analogous to any of the foregoing.

14.4. Political Event

A Political Event shall mean one or more of the following acts or events by or on account of

any Government Instrumentality:

a. Change in Law, only if consequences thereof cannot be dealt with under and in accordance

with the following provisions.

i. If as a result of Change in Law, the Contractor suffers any additional costs in the

execution of the Works or in relation to the performance of its other obligations under

this Agreement, the Contractor shall, within 15 (fifteen) days from the date it becomes

reasonably aware of such addition in cost, notify the Authority of such additional cost

due to Change in Law.

ii. If as a result of Change in Law, the Contractor benefits from any reduction in costs for

the execution of this Agreement or in accordance with the provisions of this Agreement,

either Party shall, within 15 (fifteen) days from the date it becomes reasonably aware of

such reduction in cost, notify the other Party of such reduction in cost due to Change in

Law.

iii. The Authority shall, within 15 (fifteen) days from the date of receipt of the notice from

the Contractor, determine any addition or reduction to the Contract Value, as the case

may be, due to the Change in Law.

b. Compulsory acquisition in national interest or expropriation of any Project Assets or rights

of the Contractor or of the Sub-Contractors;



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c. unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant

without valid cause, any clearance, license, permit, authorisation, no objection

certificate, consent, approval or exemption required by the Contractor or any of the Sub-

contractors to perform their respective obligations under this Agreement; provided that

such delay, modification, denial, refusal or revocation did not result from the Contractor's

or any Sub-contractor's inability or failure to comply with any condition relating to grant,

maintenance or renewal of such clearance, license, authorisation, no objection certificate,

exemption, consent, approval or permit;

d. any failure or delay of a Sub-contractor but only to the extent caused by another Political

Event; or

e. any event or circumstances of a nature analogous to any of the foregoing.

14.5. Duty to report Force Majeure Event

14.5.1. Upon occurrence of a Force Majeure Event, the Affected Party shall by notice report such

occurrence to the other Party forthwith. Any notice pursuant hereto shall include full

particulars of:

f. the nature and extent of each Force Majeure Event which is the subject of any claim for

relief under this Clause 14 with evidence in support thereof;

g. the estimated duration and the effect or probable effect which such Force Majeure Event

is having or will have on the Affected Party's performance of its obligations under this

Agreement;

h. the measures which the Affected Party is taking or proposes to take for alleviating the

impact of such Force Majeure Event; and

i. any other information relevant to the Affected Party's claim.

14.5.2. The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure

Event unless it shall have notified the other Party of the occurrence of the Force Majeure

Event as soon as reasonably practicable, and in any event no later than 10 (ten) days after the

Affected Party knew, or ought reasonably to have known, of its occurrence, and shall have

given particulars of the probable material effect that the Force Majeure Event is likely to have

on the performance of its obligations under this Agreement.

14.5.3. For so long as the Affected Party continues to claim to be materially affected by such Force

Majeure Event, it shall provide the other Party with regular (and not less than weekly) reports

containing information as required by Clause 14.5.1, and such other information as the other

Party may reasonably request the Affected Party to provide.

14.6. Effect of Force Majeure Event on the Agreement

14.6.1. Upon the occurrence of any Force Majeure after the Project Commencement date, the costs

incurred and attributable to such event and directly relating to this Agreement (the "Force

Majeure costs") shall be allocated and paid as follows:

a. upon occurrence of a Non-Political Event, the Parties shall bear their respective Force

Majeure costs and neither Party shall be required to pay to the other Party any costs

thereof;

b. upon occurrence of an Indirect Political Event, all Force Majeure costs attributable to such

Indirect Political Event, and not exceeding the Insurance Cover for such Indirect Political

Event, shall be borne by the Contractor, and to the extent Force Majeure costs exceed

such Insurance Cover, one half of such excess amount shall be reimbursed by the Authority

to the Contractor for the Force Majeure events; and



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c. upon occurrence of a Political Event, all Force Majeure costs attributable to such Political

Event shall be reimbursed by the Authority to the Contractor.

For the avoidance of doubt, Force Majeure costs may include costs directly attributable to

the Force Majeure Event, but shall not include debt repayment obligations, if any, of the

Contractor.

14.6.2. Save and except as expressly provided in this clause 14, neither Party shall be liable in any

manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims,

demands and proceedings relating to or arising out of occurrence or existence of any Force

Majeure Event or exercise of any right pursuant hereto.

14.6.3. Upon the occurrence of any Force Majeure Event during the Construction Period, the Project

Completion Schedule for and in respect of the affected Works shall be extended on a day for

day basis for such period as performance of the Contractor's obligations is affected on account

of the Force Majeure Event or its subsisting effects.

14.7. Termination Notice for Force Majeure Event

14.7.1. If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a continuous

period of 120 (one hundred and twenty) days, either Party may in its discretion terminate this

Agreement by issuing a Termination Notice to the other Party without being liable in any

manner whatsoever, save as provided in this Clause 14, and upon issue of such Termination

Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand

terminated forthwith; provided that before issuing such Termination Notice, the Party

intending to issue the Termination Notice shall inform the other Party of such intention and

grant 15 (fifteen) days’ time to make a representation, and may after the expiry of such 15

(fifteen) days period, whether or not it is in receipt of such representation, in its sole

discretion issue the Termination Notice.

14.8. Termination Payment for Force Majeure Event

14.8.1. In the event of the Agreement being terminated on account of a Non-Political Event, the

Termination Payment of unpaid works shall be made in proportionate to the progress of works

the Authority shall determine the value of Works executed.

14.8.2. If Termination is on account of an Indirect Political Event, the Termination Payment shall

include:

a. any sums due and payable proportionate to the progress of that particular work on that

date of event; and

b. the reasonable cost, as determined by the Authority of the Plant and Materials procured by

the Contractor and transferred to the Authority for use in Construction, only if such Plant

and Materials are in conformity with the approved Specifications;

14.8.3. If Termination is on account of a Political Event, the Authority shall make a Termination

Payment to the Contractor in an amount that would be payable as under if it were an

Authority Default.

i. return the Performance Security and Retention Money forthwith; and

ii. pay to the Contractor, by way of Termination Payment, an amount equal to:

i. Valuation of unpaid Works;



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ii. the reasonable cost, as determined by the Engineer-in-Charge of the Plant and

Materials procured by the Contractor and transferred to the Site for its use, only if

such Plant and Materials are in conformity with the Specifications;

iii. the reasonable cost of temporary works, as determined by the Engineer-in-Charge; and

iv. 10% (ten per cent) of the cost of the Works that are not commenced or not completed,

and shall adjust from the sum thereof (i) any other amounts payable or recoverable, as the

case may be, in accordance with the provisions of this Agreement, and (ii) all taxes due to be

deducted at source.

14.9. Dispute resolution

In the event that the Parties are unable to agree in good faith about the occurrence or

existence of a Force Majeure Event, such Dispute shall be finally settled in accordance with

the Dispute Resolution Procedure; provided that the burden of proof as to the occurrence or

existence of such Force Majeure Event shall be upon the Party claiming relief and/or excuse

on account of such Force Majeure Event.

14.10. Excuse from performance of obligations

If the Affected Party is rendered wholly or partially unable to perform its obligations

under this Agreement because of a Force Majeure Event, it shall be excused from performance

of such of its obligations to the extent it is unable to perform on account of such Force

Majeure Event, provided that:

i. the suspension of performance shall be of no greater scope and of no longer duration than

is reasonably required by the Force Majeure Event;

ii. the Affected Party shall make all reasonable efforts to mitigate or limit damage to the

other Party arising out of or as a result of the existence or occurrence of such Force

Majeure Event and to cure the same with due diligence; and

iii. when the Affected Party is able to resume performance of its obligations under this

Agreement, it shall give to the other Party notice to that effect and shall promptly resume

performance of its obligations hereunder.

ARTICLE 15: COMPENSATION FOR BREACH OF AGREEMENT

15.1. Compensation for default by the Contractor

In the event of the Contractor being in material default or breach of this Agreement, it shall

pay to the Authority by way of compensation, all direct costs suffered or incurred by the

Authority as a consequence of such material default, within 20 (twenty) days of receipt of the

demand supported by necessary particulars thereof; provided that no compensation shall be

payable under this Clause 15.1 for any breach or default in respect of which Liquidated

Damages are expressly specified and payable under this Agreement.

ARTICLE 16: TERMINATION

16.1. Termination for Contractor Default

16.1.1. Save as otherwise provided in this Agreement, in the event that any of the defaults specified

below shall have occurred, and the Contractor fails to cure the default within the Cure Period

set forth below, or where no Cure Period is specified, then within a Cure Period of 15 (fifteen)

days, the Contractor shall be deemed to be in default of this Agreement (a "Contractor

Default"), unless the default has occurred solely as a result of any breach of this Agreement by

the Authority or due to Force Majeure. The defaults referred to herein shall include:



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a) the Performance Security has been encashed and appropriated by the Authority in

accordance with Clause 8.2 and the Contractor fails to replenish or provide fresh

Performance Security within a Cure Period of 15 (fifteen) days;

b) the Contractor abandons or manifests intention to abandon the Project without the prior

written consent of the Authority for a continuous period of 28 days and such default is not

rectified within 10 (ten) days from the receipt of first notice from the Authority in this

regard, or

d) the Contractor has failed to fulfil any obligation, for which failure Termination has been

specified in this Agreement; or

e) The Contractor is made bankrupt or goes into liquidation other than for a reconstruction

or amalgamation; or

f) If the contractor, in the judgement of the Authority has engaged in corrupt or fraudulent

practices in competing for or in executing the Works; or

For the purpose of this paragraph: “corrupt practice” means the offering, giving, receiving

or soliciting of anything 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 Authority and includes collusive practice among Bidders

(prior to or after Tender submission) designed to establish Tender prices at artificial non-

competitive levels and to deprive the Authority of the benefits of free and open

competition.

g) the Contractor commits a default in complying with any other provision(s) of this

Agreement if such default causes a Material Adverse Effect on the Authority.

16.1.2. Without prejudice to any other rights or remedies which the Authority may have under this

Agreement, upon occurrence of a Contractor Default, the Authority shall be entitled to

terminate this Agreement by issuing a Termination Notice to the Contractor; provided that

before issuing the Termination Notice, the Authority shall by a notice inform the Contractor of

its intention to issue such Termination Notice and grant 15 (fifteen) days to the Contractor to

make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is

in receipt of such representation, issue the Termination Notice.Notwithstanding the above,

the Authority may terminate the contract for convenience.

16.1.3. 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.

16.1.4. All materials at the Site, temporary Works and the executed Works are deemed to be the

property of the Authority if the Contract is terminated because of Contractor’s Default.

16.2. Other rights and obligations of the Authority

Upon Termination for any reason whatsoever, the Authority shall:

a) be deemed to have taken possession and control of the Project forthwith;

b) be entitled to restrain the Contractor and any person claiming through or under the

Contractor from entering upon the Site or any part of the Project.

ARTICLE 17: LIABILITY AND INDEMNITY

17.1. General indemnity



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The Contractor will indemnify, defend, save and hold harmless the Authority and its officers,

servants, agents, and Authority owned and/or controlled entities/enterprises, (the “Authority

Indemnified Persons") against any and all suits, proceedings, actions, demands and third party

claims for any loss, damage, cost and expense of whatever kind and nature arising out of any

breach by the Contractor of any of its obligations under this Agreement or any related

agreement or on account of any defect or deficiency in the provision of services by the

Contractor, except to the extent that any such suits, proceedings, actions, demands and

claims have arisen due to any negligent act or omission, or breach of this Agreement on the

part of the Authority Indemnified Persons.

17.2. Indemnity by the Contractor

17.2.1. Without limiting the generality of Clause 17.1, the Contractor shall fully indemnify, hold

harmless and defend the Authority and the Authority Indemnified Persons from and against any

and all loss and/or Liquidated Damages arising out of or with respect to:

a) failure of the Contractor to comply with Applicable Laws and Applicable Permits;

b) payment of taxes required to be made by the Contractor in respect of the income or other

taxes; or

c) non-payment of amounts due as a result of materials or services furnished to the

Contractor which are payable by the Contractor or any of its sub-contractors.

17.3. No consequential claims

Notwithstanding anything to the contrary contained in this Article 17, the indemnities herein

provided shall not include any claim or recovery in respect of any cost, expense, loss or

damage of an indirect, incidental or consequential nature, including loss of profit, except as

expressly provided in this Agreement.

17.4. Survival on Termination

The provisions of this Article 17 shall survive Termination.

ARTICLE 18: DISPUTE RESOLUTION

18.1. Dispute resolution

18.1.1. Any dispute, difference or controversy of whatever nature howsoever arising under or out of or

in relation to this Agreement (including its interpretation) between the Parties, and so notified

in writing by either Party to the other Party (the "Dispute") shall, in the first instance, be

attempted to be resolved amicably in accordance with the conciliation procedure set forth in

Clause 18.2.

18.1.2. The Parties agree to use their best efforts for resolving all Disputes arising under or in respect

of this Agreement promptly, equitably and in good faith, and further agree to provide each

other with reasonable access during normal business hours to all non-privileged records,

information and data pertaining to any Dispute.

18.2. Conciliation

In the event of any Dispute between the Parties, either Party may require such Dispute to be

referred to the Managing Director, TSIIC for amicable settlement, and upon such reference,

the said persons shall meet to discuss and to amicably resolve the Dispute.

18.3. If the Contractor be dissatisfied with any such decision of the Managing Director, TSIIC, such

claims be settled by a Civil Court of competent jurisdiction by way of a civil suit. For the



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avoidance of doubt and for the sake of clarity, any Dispute shall have to be made within six

months from the date of accepted payment.

ARTICLE 19: MISCELLANEOUS

19.1. Governing law and jurisdiction

The Agreement shall be governed by the laws of India, including but not limited to laws of

Government of Telangana and TSIIC extant rules and regulations in force and as amended

from time to time; and the Courts in Hyderabad shall have exclusive jurisdiction in all matters

under the Agreement.

19.2. Survival

19.2.1. Termination shall:

a) not relieve the Contractor of any obligations hereunder which expressly or by implication

survive Termination hereof; and

b) except as otherwise provided in any provision of this Agreement expressly limiting the

liability of either Party, not relieve either Party of any obligations or liabilities for loss or

damage to the other Party arising out of, or caused by, acts or omissions of such Party

prior to the effectiveness of such Termination or arising out of such Termination.

18.2.2. All obligations surviving Termination shall only survive for a period of 1 (one) year following

the date of such Termination.

19.3. Entire Agreement

This Agreement and the Schedules together constitute a complete and exclusive statement of

the terms of the agreement between the Parties on the subject hereof, and no amendment or

modification hereto shall be valid and effective unless such modification or amendment is

agreed to in writing by the Parties and duly executed by persons especially empowered in this

behalf by the respective Parties.

19.4. Severability

If for any reason whatever, any provision of this Agreement is or becomes invalid, illegal or

unenforceable or is declared by any court of competent jurisdiction or any other

instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability

of the remaining provisions shall not be affected in any manner, and the Parties will negotiate

in good faith with a view to agreeing to one or more provisions which may be substituted for

such invalid, unenforceable or illegal provisions, as nearly as is practicable to such invalid,

illegal or unenforceable provision. Failure to agree upon any such provisions shall not be

subject to the Dispute Resolution Procedure set forth under this Agreement or otherwise.

19.5. No partnership

This Agreement shall not be interpreted or construed to create an association, joint venture

or partnership between the Parties, or to impose any partnership obligation or liability upon

either Party, and neither Party shall have any right, power or authority to enter into any

agreement or undertaking for, or act on behalf of, or to act as or be an agent or

representative of, or to otherwise bind, the other Party.

19.6. Third Parties

This Agreement is intended solely for the benefit of the Parties, and their respective

successors and permitted assigns, and nothing in this Agreement shall be construed to create



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any duty to, standard of care with reference to, or any liability to, any person not a Party to

this Agreement.

19.7. Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the Parties and their

respective successors and permitted assigns.

19.8. Language

All notices required to be given by one Party to the other Party and all other communications,

Documentation and proceedings which are in any way relevant to this Agreement shall be in

writing and in English language.

ARTICLE 20: DEFINITIONS

20.1. Definitions

In this Agreement, the following words and expressions shall, unless repugnant to the context

or meaning thereof, have the meaning hereinafter respectively assigned to them:

“Affected Party” shall have the meaning set forth in Clause 14.1.

“Agreement” or “Contract” or “Contract Agreement” means this Agreement, its Recitals and

the Schedules hereto and any amendments thereto made in accordance with the provisions

contained in this Agreement.

“Applicable Laws” means all laws brought into force and effect by State Government of

Telangana or the Government of India (GOI) including rules, regulations and notifications made

thereunder, and judgments, decrees, injunctions, writs and orders of any court of record,

applicable to this RFP document and the exercise, performance and discharge of respective

rights and obligations of the parties hereunder, as may be in force and effect during the

subsistence of this RFP document and the subsequent contract to be signed by the successful

bidder with Telangana State Industrial Infrastructure Corporation Limited at the end of bidding

process;

“Applicable Permits” means all clearances, licenses, permits, authorizations, no objection

certificates, consents, approvals and exemptions required to be obtained or maintained under

applicable laws in connection with the construction, operations and maintenance of the

Project during the subsistence of the Contract Agreement;

“Authority Representative” means such person or persons as may be authorized in writing by

the Authority to act on its behalf under the Agreement and shall include any person or persons

having authority to exercise any rights or perform and fulfil any obligations of the Authority

under the Agreement;

"Bid" means the documents in their entirety comprised in the bid submitted by the Contractor

in response to the Tender Notice in accordance with the provisions thereof;

“Bill of Quantities” is the estimated quantities of work as mentioned in Schedule B of the

Agreement;

"Chief Engineer" shall mean the Chief Engineer, Telangana State Industrial Infrastructure

Corporation Limited (TSIIC).

“Completion Certificate” shall have the meaning set forth in Clause 11.2;



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“Contract Period” means the period starting from the Project Commencement Date and

ending on the Defect Liability Period or any early Termination as per the provisions of the

Agreement;

“Contract Value” is the price quoted by the Contractor in its Bid offer for the estimated

quantities of Works as mentioned in the RFP and thereafter as adjusted in accordance with the

actual quantities of work done and as per the provisions of the Contract.

“Contractor” shall have the meaning attributed thereto in the array of Parties hereinabove as

set forth in the Recitals;

"Contractor Default" shall have the meaning set forth in 16.1.1;

“Cure Period” means the period specified in the Agreement for curing any breach or default of

any provision of the Agreement by the Party responsible for such breach or default and shall:

a) commence from the date on which a notice is delivered by one Party to the other Party

asking the latter to cure the breach or default as specified in such notice; and

b) not relieve any Party from liability to pay Liquidated Damages or compensation under the


“Defect” is any part of the Works not completed in accordance with the Specifications as set

out in the Agreement or such modified specifications communicated to the Contractor from

time to time by the Authority.

“Dispute” shall have the meaning set forth in Clause 18.1;

“Dispute Resolution Procedure” means the procedure for resolution of Disputes set forth in

Article 18;

"Earnest Money Deposit" means the security provided by the Contractor to the Authority along

with the Bid for a sum of Rs. 5,97,000 (Rupees Five Lakh Ninety Seven Thousand only), in

accordance with the Tender Notice, and which is to remain in force until substituted by the

Performance Security;

“Engineer-in-Charge” means the person designated and authorized by the Authority to act on

its behalf for monitoring and supervising the execution of the Project;

“Force Majeure” or Force Majeure Event” shall have the meaning ascribed to it in Clause 14.1;

“GOI” means the Government of India;

“Good Industry Practice” means the practices, methods, techniques, designs, standards, skills,

diligence, efficiency, reliability and prudence which are generally and reasonably expected

from a reasonably skilled and experienced contractor encouraged in the same type of

undertaking as envisaged under this agreement and which would be expected to result in the

performance of its obligations by the Contractor in accordance with the Agreement,

Applicable Laws and Applicable Permits in reliable, safe, economical and efficient manner;

“GoT” means the Government of Telangana;

“IIT” means Indian Institute of Technology;

“Insurance Cover” means the aggregate of the maximum sums insured under the insurances

taken out by the Contractor pursuant to Clause 13, and includes all insurances required to be

taken out by the Contractor under Clause 13.1 but not actually taken, and when used in the



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context of any act or event, it shall mean the aggregate of the maximum sums insured and

payable or deemed to be insured and payable in relation to such act or event;

“Liquidated Damages” shall have the meaning set forth in Sub-clause (l) of Clause 1.2.1;

“LOA” or “Letter of Award” means the letter of award referred to in Recital (D);

“Maintenance Manual” shall have the meaning ascribed to it in Clause 6.9.

“Materials” are all supplies, including consumables, used by the Contractor for incorporation

in the Works.

“Parties” means the parties to the Contract Agreement collectively and “Party” shall mean

any of the parties to the Contract Agreement individually;

“PCD” or “Project Commencement Date” shall have the meaning set forth in Clause 9.1;

“Performance Security” shall have the meaning set forth in Clause 8.1;

“Program of Construction” is a sequenced scheduling of the Works under the Contract.

“Project” means execution of safety works at the road adjacent to Bio-diversity Park, Hitech

City, Hyderabad of TSIIC Cyberabad Zone on turnkey basis for mitigating hazards of boulders

falling on to the carriageway, in accordance with the provisions of the Agreement, and

includes all works and services, relating to or in respect of the Scope of Work.

“Stability Certificate” means the certificate issued by Indian Institute of Technology,

Hyderabad after assessment of quality of Works executed at the Site on monthly basis till such

time the Completion Certificate is issued.

“Rs. or “Rupees” means the lawful currency of the Republic of India;

"Safety Requirements" shall have the meaning set forth in Clause 12.1;

“Scheduled Completion Date” shall have the meaning set forth in Clause 10.4.1;

“Schedule of Payment” shall have the meaning as set forth in Clause 3.1.1;

“Scheduled Project Completion Period” shall have the meaning as set forth in Clause 2.6;

"Scope of Work" shall have the meaning set forth in Clause 2.1;

“Site” shall mean the lands and /or other places, on under, in or through which the work

execution is carried out under the Contract including any other lands or places which may be

allotted by the Authority or used for the purpose of Contract.

“Specifications” means the specifications as defined in Schedule D of the Agreement and any

modifications thereof or additions thereto, as included in the design and engineering for the

Project submitted by the Contractor and expressly approved by the Authority. The

specifications include supplemental specifications, special provisions, and all written or

printed agreements and instructions pertaining to the method and manner of performing the

work or to the quantities and qualities of the materials to be furnished under the Agreement;

"Tender Notice" shall have the meaning set forth in Recital 'C;

“Termination” means the expiry or termination of this Agreement and the Contract hereunder;



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“Termination Notice” means the written communication issued in accordance with this

Agreement by one Party to the other Party terminating the Agreement;

“Variation” is an instruction given by the Authority which varies the Works.

“Work(s)” shall mean the works to be executed in accordance with the Contract or part

thereof and shall include additional, altered or substituted works as required for the purpose

of completion of the Project.

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF

THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of

THE AUTHORITY OF [***] by: CONTRACTOR by:

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

In the presence of:

1. 2.



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Schedule –A



Page 40 of 49

Schedule –A



Page 41 of 49

SCHEDULE B

BILL OF QUANTITIES

S No. Description of Item Estimated Quantity

Unit

1

Scaling of loose rock including stacking of boulder at bottom of slope and disposal at dumping place within 3 km from the site as directed, including all machinery, labour and incidental charges etc. complete for finished item of work as directed by Engineer -In -Charge.

4114.05 Sqm

2

Removal of vegetation, bushes, shrubs in lower and upper section including stacking of useful material, disposing of material from hill slope with all leads and lifts including all machinery, labour and incidental charges etc. complete for finished item of work as directed by Engineer -In -Charge.

600.00 Sqm

3


50.00 Cum

4

Providing and placing ISI marked & CE marked mechanically Woven Double Twisted Hexagonal Shaped Wire Mesh Gabion Boxes as per IS 16014 : 2018 of 1m Height and of Mesh Type 8 x 10 with D = 80mm, Zn + Al + PVC coated, Mesh Wire dia. 2.7/3.7mm (ID / OD), mechanically edged / selvedged, with partitions at every 1m interval, and filling by properly packing with approx. 120 mm to 200 mm size boulders, tying with lacing wire of diameter 2.2/3.2 mm (ID/OD), placing at indicated places in dry condition including all material, machinery, labour and incidental charges etc. complete and as directed by Engineer -In -Charge.

4287.71 Cum

5

Providing and spreading of ISI marked & CE marked mesh comprising of double twisted Hexagonal shaped mechanically woven wire mesh as per IS 16014 : 2018, of type - 8 x 10 made of wire dia. 3.0 mm heavily Zn + Al coated, top support rope, bottom support rope, edge rope and additional diagonal rope of 12 millimetre and grade 1,770 N/Sq.mm, lacing wire, U-clamps, thimbles, with all other accessories including safety, with all other accessories, material, machinery, labour and incidental charges, etc. required to fix the steel wire mesh in place as per technical specifications and as directed by Engineer - in - charge. As per clause 5.3.4 & 6.2 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

20570.25 Sqm

6

Providing and fixing of rhomboidal shaped mesh Panels/ Nets of 10 mm dia of steel wire rope of size 300x300 millimetre with suitable connection at junctions including top and bottom support rope lacing wire or rope required to connect the nets and all the needed accessories including safety, all other ancillary work, material, machinery, labour etc. complete as per technical specification As per clause 5.3.1 & 6.2of IRC Highway Research Board Special report 23, State of Art : Design and construction of Rock fall mitigation system.

3085.54 Sqm

7 Drilling 75mm diameter bore hole at all heights on the slope face to required depth, providing and fixing Fe500 RE bars of 25 millimetre

6920.92 RM



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diameter, yield load more than 500 N/Sq.mm, hexagonal nut, washer plate, coupler for connecting bars, and full length grouting with admixture including all ancillary material, labour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge. As per clause 2.3.2 & 6.1 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

8

Drilling 75mm diameter bore hole on top of the slope to required depth, providing and fixing Fe500 RE bars of 32 millimetre diameter, yield load more than 500 N/Sq.mm, hexagonal nut, washer plate, coupler for connecting bars, and full length grouting with admixture including all ancillary material, labour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge. As per clause 2.3.2 & 6.1 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

1278.92 RM

9

Supply and belting of boulders with cable wire ropes of 16 mm diameter of grade 1,770 N/mm2 of required length including all ancillary material for cable belting, abour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge.

120.00 RM



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SCHEDULE C

UNIT RATES OF PAYMENT

S No. Description of Item Unit Unit Rate

(Amount in Rs.)

1

Scaling of loose rock including stacking of boulder at bottom of slope and disposal at dumping place within 3 km from the site as directed, including all machinery, labour and incidental charges etc. complete for finished item of work as directed by Engineer -In -Charge.

Sqm

2

Removal of vegetation, bushes, shrubs in lower and upper section including stacking of useful material, disposing of material from hill slope with all leads and lifts including all machinery, labour and incidental charges etc. complete for finished item of work as directed by Engineer -In -Charge.

Sqm

3


Cum

4

Providing and placing ISI marked & CE marked mechanically Woven Double Twisted Hexagonal Shaped Wire Mesh Gabion Boxes as per IS 16014 : 2018 of 1m Height and of Mesh Type 8 x 10 with D = 80mm, Zn + Al + PVC coated, Mesh Wire dia. 2.7/3.7mm (ID / OD), mechanically edged / selvedged, with partitions at every 1m interval, and filling by properly packing with approx. 120 mm to 200 mm size boulders, tying with lacing wire of diameter 2.2/3.2 mm (ID/OD), placing at indicated places in dry condition including all material, machinery, labour and incidental charges etc. complete and as directed by Engineer -In -Charge.

Cum

5

Providing and spreading of ISI marked & CE marked mesh comprising of double twisted Hexagonal shaped mechanically woven wire mesh as per IS 16014 : 2018, of type - 8 x 10 made of wire dia. 3.0 mm heavily Zn + Al coated, top support rope, bottom support rope, edge rope and additional diagonal rope of 12 millimetre and grade 1,770 N/Sq.mm, lacing wire, U-clamps, thimbles, with all other accessories including safety, with all other accessories, material, machinery, labour and incidental charges, etc. required to fix the steel wire mesh in place as per technical specifications and as directed by Engineer - in - charge. As per clause 5.3.4 & 6.2 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

Sqm

6

Providing and fixing of rhomboidal shaped mesh Panels/ Nets of 10 mm dia of steel wire rope of size 300x300 millimetre with suitable connection at junctions including top and bottom support rope lacing wire or rope required to connect the nets and all the needed accessories including safety, all other ancillary work, material, machinery, labour etc. complete as per technical specification As per clause 5.3.1 & 6.2of IRC Highway Research Board Special report 23, State of Art : Design and construction of Rock fall mitigation system.

Sqm

7 Drilling 75mm diameter bore hole at all heights on the slope face to required depth, providing and fixing Fe500 RE bars of 25

RM



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millimetre diameter, yield load more than 500 N/Sq.mm, hexagonal nut, washer plate, coupler for connecting bars, and full length grouting with admixture including all ancillary material, labour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge. As per clause 2.3.2 & 6.1 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

8

Drilling 75mm diameter bore hole on top of the slope to required depth, providing and fixing Fe500 RE bars of 32 millimetre diameter, yield load more than 500 N/Sq.mm, hexagonal nut, washer plate, coupler for connecting bars, and full length grouting with admixture including all ancillary material, labour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge. As per clause 2.3.2 & 6.1 of IRC Highway Research Board Special report 23, State of Art: Design and construction of Rock fall mitigation system.

RM

9

Supply and belting of boulders with cable wire ropes of 16 mm diameter of grade 1,770 N/mm2 of required length including all ancillary material for cable belting, abour, machinery, staging, incidental charges etc. complete and as directed by Engineer-in-charge.

RM

*The Price is inclusive of all taxes, except GST. GST @ 12% is payable over and above the Unit Rates

as mentioned above.



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SCHEDULE D

DETAILED SPECIFICATIONS FOR CARRYING OUT THE WORK.

(Repeat as detailed in Annexure III of RFP)



Page 46 of 49

SCHEDULE E

(See Clause 8.1)

PERFORMANCE SECURITY

(To be submitted on Non-Judicial stamp paper of appropriate value purchased in the name of the

issuing bank)

To:

The Chief Engineer,

Telangana State Industrial Infrastructure Corporation Limited (TSIIC),

5th Floor, Parisrama Bhavan,


Hyderabad – 500 004.

WHEREAS ----(Name and address of M/s XXXX Ltd), hereinafter referred to as “the Contractor”, has

undertaken the execution of safety works in accordance with the provisions of the Contract

Agreement, and includes all works and services relating to or in respect of the Scope of Work as

defined therein in the Contract Agreement dated ___________ with Telangana State Industrial

Infrastructure Corporation Limited (hereinafter referred to as “the Agreement”)

AND WHEREAS in terms of the Conditions as stipulated in the Agreement, the Contractor is required to

furnish, a Bank Guarantee by way of Performance Security, issued by a Scheduled Bank in India, in

your favour, as per Clause 8.1 of the Agreement, to secure due and satisfactory compliance of the

obligations by the Contractor on their part, in accordance with the Agreement (which guarantee is

hereinafter called as “the Performance Security)”

AND WHEREAS the Contractor has approached us, (Name of the issuing Bank) for providing the

Performance Guarantee, AND WHEREAS in consideration of the fact that the Contractor is our valued

constituent and the fact that he has entered into the Agreement with you, We (Name of the Bank)

having our Registered Office at, ______________and Branch office at __________,India have agreed to

issue the Performance Guarantee, THEREFORE We (Name of the issuing Bank) through our Branch at

_________ India furnish you the Performance Guarantee in the manner hereinafter contained and

agree with you as follows:

We (Name of the issuing Bank), undertake to indemnify you and keep you indemnified from time to

time to the extent of Rs__________ (Rupees___________) against any loss or damage caused to or

suffered by or that may be caused to or suffered by you on account of any breach or breaches on the

part of the Contractor of any of the terms and conditions contained in the Agreement and in the event

of the Contractor default or defaults in carrying out any of the work or discharging any obligation in

relation thereto under the Agreement or otherwise in the observance and performance of any of the

terms and conditions relating thereto in accordance with the true intent and meaning thereof, we

shall forthwith on demand pay to you such sum or sums not exceeding the sum of Rs.__________

(Rupees____________________) may be claimed by you on account of breach on the part of the

Contractor of their obligations in terms of the Agreement.

Notwithstanding anything to the contrary we agree that your decision as to whether the Contractor

has made any such default or defaults and the amount or amounts to which you are entitled by

reasons thereof will be binding on us and we shall not be entitled to ask you to establish your claim or

claims under Performance Guarantee but will pay the same forthwith on your demand without any

protest or demur.

This Performance Guarantee shall continue and hold good until it is released by you on the application

by the Contractor after expiry of the relative Contract Period of the Agreement and after the



Page 47 of 49

Contractor had discharged all his obligations under the Agreement and submitted a “No Demand

Certificate” provided always that the guarantee shall in no event remain in force after the day

of___________, without prejudice to your claim or claims arisen and demanded from or otherwise

notified to us in writing before the expiry of three months from the said date which will be

enforceable against us notwithstanding that the same is or are enforced after the said date.

Should it be necessary to extend Performance Guarantee on account of any reason whatsoever, we

undertake to extend the period of Performance Guarantee on your request under intimation to the

Contractor till such time as may be required by you. Your decision in this respect shall be final and

binding on us.

You will have the fullest liberty without affecting Performance Guarantee from time to time to vary

any of the terms and conditions of the Agreement or extend the time of performance of the

Agreement or to postpone any time or from time to time any of your rights or powers against the

Contractor and either to enforce or forbear to enforce any of the terms and conditions of the

Agreement and we shall not be released from our liability under Performance Guarantee by the

exercise of your liberty with reference to matters aforesaid or by reason of any time being given to

the Contractor or any other forbearance, act, or omission on your part of or any indulgence by you to

the Contractor or by any variation or modification of the Agreement or any other act, matter or things

whatsoever which under law relating to sureties, would but for the provisions hereof have the effect

of so releasing us from our liability hereunder provided always that nothing herein contained will

increase our liability hereunder beyond the limit of Rs._____ (Rupees______________) as aforesaid or

extend the period of the guarantee beyond the said day of __________ unless expressly agreed to by

us in writing.

The Performance Guarantee shall not in any way be affected by your taking or giving up any securities

from the Contractor or any other person, firm or company on its behalf or by the winding up,

dissolution, insolvency or death as the case may be of the Contractor.

In order to give full effect to the guarantee herein contained, you shall be entitled to act as if we

were your principal debtors in respect of all your claims against the Contractor hereby guaranteed by

us as aforesaid and we hereby expressly waive all our rights of surety and other rights, if any, which

are in any way inconsistent with any of the provisions of Performance Guarantee. Subject to the

maximum limit of our liability as aforesaid, Performance Guarantee will cover all your claim or claims

against the Contractor from time to time arising out of or in relation to the Agreement and in respect

of which your claim in writing is lodged on us before expiry of three months from the date of expiry of

Performance Guarantee.

Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax or

registered post to our local address as aforesaid and if sent by post it shall be deemed to have been

given when the same has been posted.

The Performance Guarantee and the powers and provisions herein contained are in addition to and

not by way of limitation of or substitution for any other guarantee or guarantees heretofore given to

you by us (whether jointly with others or alone) and now existing un-cancelled and that Performance

Guarantee is not intended to and shall not revoke or limit such guarantee or guarantees.

The Performance Guarantee shall not be affected by any change in the constitution of the Contractor

or us nor shall it be affected by any change in your constitution or by any amalgamation or absorption

thereof or therewith but will endure to the benefit of and be available to and be enforceable by the

absorbing or amalgamated company or concern.

The Performance Guarantee shall come into force from the date of its execution and shall not be

revoked by us any time during its currency without your previous consent in writing. We further agree

and undertake to pay you the amount demanded by you in writing irrespective of any dispute or

controversy between you and the Contractor.



Page 48 of 49

Notwithstanding anything contained herein:

i. Our liability under this guarantee shall not exceed Rs._______ (Rupees __________________ only);

ii. This guarantee shall be valid upto __________; and

iii. We are liable to pay the guaranteed amount or any part thereof under this guarantee only and only

if you serve upon us a written claim or demand at --------- (place) on or before ________________

(mention period of the guarantee as found under clause ii. above plus claim period).

We have the power to issue Performance Guarantee in your favour by statute and the undersigned has

full power to execute Performance Guarantee under the Power of Attorney to him by the Bank.

Dated this ________________ day of ___________________ 2020.

For and on behalf of

___________________

BRANCH MANAGER

SEAL

ADDRESS

PLACE



Page 49 of 49

SCHEDULE F

INDEMNITY BOND

Name of work: Execution of safety works on turnkey basis at the road adjacent to Bio-diversity Park,

Hitech City, Hyderabad.

I ------------------------------- contractor S/o. ---------------------- aged ---- years, Resident of ---- do

hereby bind myself to pay all the claims may come (a) under Workmen’s Compensation Act. 1933 with

any statutory modification thereof and rules there under or otherwise for or in respect of any damage

or compensation payable in connection with any accident or injury sustained (b) under Minimum

wages Act 1948 (c) under payment of wages Act. 1936 (d) under the Contractor labour (Regulation and

Abolition) Act. 1970 by workmen engaged for the performance of the business relating to the above

contract ie., Failing such payment of claims of workmen engaged in the above work, I abide in

accepting for the recovery of such claims, effected from any of my assets with TSIIC. Accepting for

the recovery of such claims, effected from any of my assets with TSIIC.

Authorized Signatory.

Date: