ReplyofprebidQueries NH731K
ReplyofprebidQueries NH731K
ReplyofprebidQueries NH731K
Date: 05.04.2024
Reply to pre-bid Queries
Sub.: RFP for Widening/up-gradation to four lane configurations of Shahjahanpur-Bisalpur section from km 0.000 to km 47.026
of NH-731K on Hybrid Annuity Mode in the state of Uttar Pradesh..
With reference to the NIT no. CE-RO/LKO/NH-731K/2022-23 Dated 03.10.2023 for subject cited work, reply of pre-bid queries are
enclosed herewith.
(-sd-)
Chief Engineer-Regional Officer, MoRT&H,
Lucknow
Sl. Clause No. Existing Clause/ Description Our Query
No.
1 Annex-II The alignment of the Project Highway is enclosed in the As per tender document, the project is under The project in on HAM model & the
Schedule A alignment plan. Finished road level indicated in the EPC mode and project design is concessionaire need to follow the
alignment plan shall be followed by the contractor as
minimum FRL. In any case, the finished road level of the concessionaire’s responsibility. So, minimum instructions given in technical
project highway shall not be less than those indicated in FRLs clause is inappropriate for the schedules. (Given in Schedule A & B).
the alignment plan. The contractor shall, however, concessionaire and will create ambiguity and
improve/upgrade the Road profile as indicated in Annex-
III based on site/design requirement. restriction during design of profile.
Concessionaire should be given the flexibility
to design the profile according to the
requirement of site feasibility / technical
specifications and manual.
Please clarify.
4 Article 23.7 Clause 23.7.1 of DCA states that: We understand that No O&M expense shall be As per DCA
O&M The Parties acknowledge and agree that all O&M payable for renewal to the Concessionaire if
Payments Expenses shall be borne by the Concessionaire and in lieu renewal layer is laid in the initial 5 years and
during the 5 years after laying of First renewal
thereof. For the performance of its Maintenance
layer.
obligations, a lump sum financial support in the form of
biannual payments shall be due and payable by the 1. Please clarify if Concessionaire do
Authority. renewal layer in certain length of the project in
a. For flexible pavement including structures: no initial 5 year and on balance length after initial
maintenance charges shall be paid for the first year; 5 years than how the O&M Expenses shall be
0.40% of the Bid Project Cost each for the second, third paid to the Concessionaire.
2. In case the Authority reply is “As per
and fourth year; 0.80% of the Bid Project Cost each for
RFP” than we understand that the payment
the subsequent years till laying of the renewal layer or shall be made on prorate basis to the
end of concession period, whichever is earlier. The Concessionaire based on length in which
requirement for the renewal layer shall be worked out renewal layer is laid i.e. @2.4% of BPC for the
based on the survey and investigation of the existing renewal layer plus @0.8% of BPC for the
pavement and the cost of such renewal works shall be balance project length & subsequently @0.4%
made separately to the Concessionaire @ 2.4% of Bid of BPC for the length on which renewal has
been laid and @0.8% of BPC for the length in
Project Cost. After laying of the renewal layer, the
which renewal has laid in initial 5 year.
Concessionaire shall be paid @0.40% of the original Bid Similarly for the length if renewal is laid within
Project Cost each for the next four years and @ 0.80% of five years of first renewal layer.
the original Bid Project Cost each till laying of the second
renewal layer or end of concession period, whichever is In this regard, it is suggested that instead of
earlier. After laying of the renewal layer, the paying O&M expenses variably based on the
length on which renewal layer has been laid, it
Concessionaire shall be paid @0.40% of the original Bid
would be appropriate, if, Concessionaire is
Project Cost each for the remaining years till the end of paid on certain pre-fixed rate for each year
concession period. For the avoidance of doubt, it is throughout the Concession Period.
clarified that if there is any requirement of renewal layer
during the initial 5 years & during the 5 years after laying
of first renewal layer then the cost of such renewal layer
Sl. Clause No. Existing Clause/ Description Our Query
No.
and any requirement of structural layer during the
concession period shall be borne solely by
concessionaire.
b. For flexible perpetual pavement including structures:
no maintenance charges shall be paid for the first year;
0.40% of the Bid Project Cost each for the second, third
and fourth year; 0.60% of the Bid Project Cost each for
the subsequent years till laying of the renewal layer or
end of concession period, whichever is earlier. The
requirement for the renewal layer shall be worked out
based on the survey and investigation of the existing
pavement and the cost of such renewal works shall be
made separately to the Concessionaire @ 2.4% of Bid
Project Cost. After laying of the renewal layer, the
Concessionaire shall be paid @ 0.40% of the original Bid
Project Cost each for the next four years and @0.60% of
the original Bid Project Cost each till laying of the second
renewal layer or end of concession period, whichever is
earlier. After laying of the renewal layer, the
Concessionaire shall be paid @0.40% of the original Bid
Project Cost each for the remaining years till the end of
concession period. For the avoidance of doubt, it is
clarified that if there is any requirement of renewal layer
during the initial 5 years & during the 5 years after laying
of first renewal layer then the cost of such renewal layer
and any requirement of structural layer during the
concession period shall be borne solely by
concessionaire.
c. For rigid pavement including structures: no
maintenance charges shall be paid for the first year;
0.20% of the Bid Project Cost each for the second, third
Sl. Clause No. Existing Clause/ Description Our Query
No.
& fourth year, 0.40% of the Bid Project Cost each for
fifth, sixth, seventh & eighth year, 0.60% of the Bid
Project Cost each till the end of concession period.
d. For stand-alone Bridge/ Tunnel works: the
concessionaire shall be paid no maintenance charges
shall be paid for the first year; 0.20% of the Bid Project
Cost each for the next five years, 0.40% of the Bid Project
Cost each for the remaining years till the end of
concession period. The Parties further acknowledge and
agree that any O&M Expenses in excess of the O&M
Payments shall be borne solely by the Concessionaire
save and except as expressly provided in this Agreement.
For avoidance of doubt, it is clarified that the O&M
Payments will be subject to any Change in Scope of the
Project of the Concessionaire under Article 16 of this
Agreement.
5 Clause 5. (ii) As per Clause 5. (ii) of Schedule B of DCA- “Flexible As per Clause 5. (ii) of Schedule B of DCA- Provisions of DCA are clear and shall
Schedule B Pavement shall be provided for Project Road, except at “Flexible Pavement shall be provided for Project prevail.
& Toll Plaza locations, where Concrete Pavement is to be Road, except at Toll Plaza locations, where
provided.” Concrete Pavement is to be provided.”
Article 23.7 Clause 23.7.1 of DCA states that:
O&M “Kindly refer MoRT&H circular F
Payments The Parties acknowledge and agree that all O&M No.35079/01/2015/S&R(P&B) dated
Expenses shall be borne by the Concessionaire and in lieu 26.12.2018 uploaded along with the
thereof. For the performance of its Maintenance Corrigendum-II for reference purpose only.
obligations, a lump sum financial support in the form of Accordingly, the Concessionaire has option to
biannual payments shall be due and payable by the adopt the Rigid Pavement instead of Flexible
Authority. Pavement for entire length of Project highway.
a. For flexible pavement including structures: no
maintenance charges shall be paid for the first year; Therefore, in case-1, if Concessionaire opt the
0.40% of the Bid Project Cost each for the second, third Construction of Pavement with Rigid Pavement
Sl. Clause No. Existing Clause/ Description Our Query
No.
and fourth year; 0.80% of the Bid Project Cost each for on Main carriageway only, then, kindly clarify
the subsequent years till laying of the renewal layer or under which category the Concessionaire shall
end of concession period, whichever is earlier. The be paid for the performance of its
requirement for the renewal layer shall be worked out Maintenance Obligations.
based on the survey and investigation of the existing and
pavement and the cost of such renewal works shall be In case-2, if Concessionaire opt the
made separately to the Concessionaire @ 2.4% of Bid construction with Rigid Pavement on Main
Project Cost. After laying of the renewal layer, the carriageway as well as on Service Road then
Concessionaire shall be paid @0.40% of the original Bid kindly clarify under which category the
Project Cost each for the next four years and @ 0.80% of concessionaire shall be paid for the
the original Bid Project Cost each till laying of the second performance of its Maintenance Obligations.
renewal layer or end of concession period, whichever is
earlier. After laying of the renewal layer, the
Concessionaire shall be paid @0.40% of the original Bid If Authority reply is “as per RFP”, then we
Project Cost each for the remaining years till the end of understand that irrespective of pavement
concession period. For the avoidance of doubt, it is proposed by the Concessionaire, the O&M
clarified that if there is any requirement of renewal layer payment shall be made based on the type of
during the initial 5 years & during the 5 years after laying Pavement provided in Schedule B of DCA only.
of first renewal layer then the cost of such renewal layer
and any requirement of structural layer during the
concession period shall be borne solely by
concessionaire.
b. For flexible perpetual pavement including structures: no
maintenance charges shall be paid for the first year;
0.40% of the Bid Project Cost each for the second, third
and fourth year; 0.60% of the Bid Project Cost each for
the subsequent years till laying of the renewal layer or
end of concession period, whichever is earlier. The
requirement for the renewal layer shall be worked out
based on the survey and investigation of the existing
pavement and the cost of such renewal works shall be
made separately to the Concessionaire @ 2.4% of Bid
Project Cost. After laying of the renewal layer, the
Concessionaire shall be paid @ 0.40% of the original Bid
Project Cost each for the next four years and @0.60% of
Sl. Clause No. Existing Clause/ Description Our Query
No.
the original Bid Project Cost each till laying of the second
renewal layer or end of concession period, whichever is
earlier. After laying of the renewal layer, the
Concessionaire shall be paid @0.40% of the original Bid
Project Cost each for the remaining years till the end of
concession period. For the avoidance of doubt, it is
clarified that if there is any requirement of renewal layer
during the initial 5 years & during the 5 years after laying
of first renewal layer then the cost of such renewal layer
and any requirement of structural layer during the
concession period shall be borne solely by
concessionaire.
c. For rigid pavement including structures: no
maintenance charges shall be paid for the first year;
0.20% of the Bid Project Cost each for the second, third
& fourth year, 0.40% of the Bid Project Cost each for
fifth, sixth, seventh & eighth year, 0.60% of the Bid
Project Cost each till the end of concession period.
d. For stand-alone Bridge/ Tunnel works: the
concessionaire shall be paid no maintenance charges
shall be paid for the first year; 0.20% of the Bid Project
Cost each for the next five years, 0.40% of the Bid Project
Cost each for the remaining years till the end of
concession period. The Parties further acknowledge and
agree that any O&M Expenses in excess of the O&M
Payments shall be borne solely by the Concessionaire
save and except as expressly provided in this Agreement.
For avoidance of doubt, it is clarified that the O&M
Payments will be subject to any Change in Scope of the
Project of the Concessionaire under Article 16 of this
Agreement.
Sl. Clause No. Existing Clause/ Description Our Query
No.
6 Clause 8.1.2, The Concessionaire acknowledges and hereby accepts The bidder understands that it only As per DCA
Disclaimer the risk of inadequacy, mistake or error in or relating to acknowledges and accepts the risk of
any of the matters set forth in Clause 8.1.1 above and
hereby acknowledges and agrees that the Authority shall inadequacy, mistake, or error in or relating to
not be liable for the same in any manner whatsoever to any matter set forth in Clause 8.1.1, which is
the Concessionaire, {the Consortium Members and their} limited to the Scope defined in Schedule - B.
Associates or any person claiming through or under any
of them. Anything beyond, that is specified in Schedule
B shall be considered as additional work and
dealt under Change of Scope under Article 16.
7 Clause 10.3.4, The Authority shall make best efforts to procure and (a) It is understood that the eligibility for issue Clauses of DCA are self-explanatory in
Procurement grant, no later than 90 (ninety) days from the Appointed of Provisional Completion Certificate, shall be this regard.
Date, …... reckoned for ROW that has been handed over
of the Site
to the Concessionaire, within 180 days from
the Appointed Date (AD) subject to the
payment of Damages to the Concessionaire
under this Clause, even in the case, the
provision of deemed withdrawal of works on
land, which has not been handed over to
Concessionaire, within 180 days of AD has not
been exercised by either Parties.
9 Clause 14.2, Upon completion of Construction Works and the Authority is requested to kindly clarify the Provisions of DCA are clear and shall
Completion Independent Engineer determining the Tests to be timelines for issuance of Completion prevail.
Certificate successful, it shall forthwith issue to the Concessionaire Certificate, after completion of works listed in
and the Authority a certificate substantially in the form the “Punch List”.
set forth in Schedule-J (the “Completion Certificate”).
10 Clause 16.2.2 (b) the options for implementing the proposed Change of The Bidder requests to provide the schedule of Provisions of DCA are clear and shall
(b), Procedure Scope and the effect, if any, each such option would have rates applicable to the works assigned by the prevail.
on the costs and time thereof, including a detailed
for Change of breakdown by work classifications specifying the material Authority to its contractors, along with the
Scope and labour costs calculated in accordance with the proposed premium/discount on such rates.
schedule of rates applicable to the works assigned by the
Authority to its contractors, along with the proposed
premium/discount on such rates; provided that the cost
incurred by the Concessionaire in providing such
information shall be reimbursed by the Authority to the
extent such cost is certified by the Independent Engineer
as reasonable.
11 Clause 16.2.3, Upon receipt of information set forth in Clause 16.2.2, if Kindly clarify the timelines on issuance of Provisions of DCA are clear and shall
Procedure for the Authority decides to proceed with the Change of Change of Scope Order by Authority from the prevail.
Scope, it shall convey its preferred option to the
Change of Concessionaire, and the Parties shall, with assistance of date of Change of Scope Notice.
Scope the Independent Engineer, thereupon make good faith
efforts to agree upon the time and costs for
implementation thereof. Upon reaching an agreement,
the Authority shall issue an order (the “Change of Scope
Order”) requiring the Concessionaire to proceed with the
performance thereof. In the event that the Parties are
Sl. Clause No. Existing Clause/ Description Our Query
No.
unable to agree, the Authority may, by issuing a Change
of Scope Order, require the Concessionaire to proceed
with the performance thereof pending resolution of the
Dispute, or carry out the works in accordance with Clause
16.5.