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| Section | Description |
| Explanatory Notes | Section 1 | List of Dates, Press Notice & Notice Inviting Tenders |
| Section 2 | Instructions to Bidders & Appendix to ITB |
| Section 3 | Qualification Information |
| Section 4 |
General Conditions, Part I, Contract Data Appendix to Part I General Conditions of Contract Part II Special Conditions of Contract |
| Section 5 | Specifications |
| Section 6 | Form of Bid |
| Section 7 | Bill of Quantities |
| Section 8 |
Standard Forms, Form of Acceptance Notice to Proceed with Work, Agreement |
Format of the Bidding Document
The Standard Bidding Document for Pradhan Mantri Gram Sadak Yojana (PMGSY) follows the format of the MOST Bidding Document, which is similar to the format for National Competitive Bidding for Works (India Version) as approved by the Ministry of Finance for World Bank aided projects.
The document has the added feature of maintenance of roads for five years by the contractor who constructs the road.
SECTION 1
LIST OF IMPORTANT DATES
PRESS NOTICE
NOTICE INVITING TENDERS
List of Important Dates of Bids for Construction/Upgradation of Roads under Pradhan Mantri Gram Sadak Yojana and their Maintenance for Five years
Name of Work: .
2.1. Completion Period for construction/up gradation:
2.2. Maintenance Period is five years after construction
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3. Date of Issue of Notice Inviting Bid |
Date Month Year . |
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4. Period and Places of Sale of Bidding Documents - |
From Date Month Year |
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To Date Month Year |
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Place(s) |
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5. Time, Date and Place of Pre-bid Meeting |
Date Month Year |
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Time Hours |
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Place |
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6. Deadline for Receiving Bids |
Date Month Year |
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Time Hours |
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7. Time and Date for Opening Technical Bid/Bids |
Date Month Year |
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Time Hours |
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8. Time and Date of Opening Financial Bids |
Date Month Year |
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Time Hours |
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9. Place of Opening Bids |
Address is: |
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10. Last Date of Bid Validity |
Date Month Year |
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11. Officer Inviting Bids |
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Designation: |
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Address: |
[Designation of Authority inviting Bids] _______________________** invites on behalf of ________________sealed item rate/percentage rate tenders* from approved and eligible Contractors registered with ____________up to ________p.m. on [date] _______________ **for each of the following works including maintenance for five years after construction.
| District | Name of Work Package No. | Estimated Cost of Construction & Maintenance | Earnest Money *** | Time Allowed for completion | Last date and time for receipt of application for issue of Tender form | Time and date of opening of tender | Place of Sale of documents | Class of contractor. |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
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The earnest money should be deposited along with the tenders in the appropriate form as per the tender documents. The tender shall be issued on payment by demand draft drawn in the favor of __________ and payable at _______ for Rs. _________ only) (non-refundable) for each package.
The authorized tender documents are available for inspection in the office of _____________ from ______________ to _______________ during office hours on all working days.*
The tender documents are/are not* available for viewing at www.pmgsy.org/
The tender documents can/cannot* be downloaded from the Internet. If downloaded its cost will be paid along with the bid document.
Designation of the Authority Inviting Tender
Address
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** To be filled by the authority inviting tender |
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*** Earnest money is 2 percent of the estimated cost, rounded to the nearest thousand. |
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* Delete whatever is not applicable |
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(Name of Authority Inviting Tenders)
1.The ____________________________ on behalf of __________________________
invites the item rate/percentage rate bids from the eligible and approved
Contractors registered with --------------------------------------------- for each of the following works including
their maintenance for five years: -
| District | Name of Work Package No. | Estimated Cost (Rs.) | Earnest Money | Time Allowed for completion | Last date and time for receipt of application for issue of Tender form | Time and date of opening of tender | Place of Sale of documents | Class of contractor. |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
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2 The
bidders who down load the bidding documents from the internet site www.pmgsy.org/ would have to pay the cost of bid documents and submit it in a separate
envelope marked cost of bidding document downloaded from internet.
3. The site for the work is
available.
4. Bid
documents consisting of qualification information and eligibility criterion of
bidders, plans, specifications, drawings, the schedule of quantities of the
various classes of work to be done and the set of terms & conditions of
contract to be complied with by the Contractor can be seen in the office of the
___________________________________ between hours of 11.00 A.M. and 04.00 P.M.
on any working day between _______[date] and _______[date]. Tender documents
will be issued from his office during the hours specified above, on payment of
Rs. ________________ by demand draft payable to _____________ at
________________.
Bidding documents
are/are not available for viewing at the site www.pmgsy.org.
Bidding documents requested by mail will be dispatched
by registered/speed post on payment of an extra amount of
Rs._______________. The authority
inviting tenders will not be held responsible for the postal delay, if any, in
the delivery of the documents or non-receipt of the same.
5. Receipt of applications for issue of tender forms by post
will be stopped from 1600 hrs., four
days before the date fixed for opening of tenders. Sale of tender forms on the counter will be
stopped two days before the date fixed for opening of tenders.
Bidding documents must be delivered to ____________________________________ on or before __________ hours on ____________ date. If the office happens to be closed on the date of receipt of the bids as specified, the bids will be received on the next working day at the same time and venue.
Bidding documents can also be delivered at the following places at the assigned date and time.
Bids will be opened at _______________
(time) on _____________ (date) in
the office of _______________________.
If the office happens to be closed on the date of opening of the bids as
specified, the bids will be opened on the next working day at the same time and
venue.
7. Bids
must be accompanied by the earnest money of the amount specified for the work
in the table. The earnest money will have to be in any one of the forms as
specified in the bidding documents.
8. The
bid for the work shall remain open for acceptance for a period of ninety days
from the date of opening of bids. If
any bidder/ tenderer withdraws his bid/ tender before the said period or makes
any modifications in the terms and conditions of the bid, the said earnest
money shall stand forfeited.
9. A
bidder shall not be permitted to bid for works in the Circle responsible for
award and execution of contracts in which his or his spouses near relative
(defined as first blood relations, and their spouses) is posted as Divisional
Accountant or as an officer in any capacity between the grades of
Superintending Engineer and Assistant Engineer (both inclusive).
10.
No Engineer of gazetted rank or other Gazetted officer employed in Engineering
or Administrative duties in an Engineering Department of the State Government
is allowed to work as a Contractor for a period of two years after his
retirement from Government service, without Government permission. This contract is liable to be cancelled if
either the Contractor or any of his employees is found any time to be such a
person who had not obtained the permission of the Government as aforesaid
before submission of the tender or engagement in the Contractors service.
11. Other details can be
seen in the bidding documents.
Signature
and Designation of the Authority Inviting tender
For and on behalf of
SECTION 2
Instructions to Bidders
A. General
1.Scope
of Bid
The Employer as defined in the Appendix to ITB
invites bids for the construction of Works and their maintenance for five
years, as described in these documents and referred to as the works. The name
and identification number of the works is provided in the Appendix to ITB. The
bidders may submit bids for any or all of the works detailed in the table given
in the Notice Inviting Tender. Bid for each work should be submitted
separately.
1.2 The successful Bidder will be expected to
complete the Works by the Intended Completion Date specified in the Part I
General Conditions of Contract and do the routine maintenance of roads for five
years from the date of completion.
1.3 Throughout these documents, the terms bid and
tender and their derivatives (bidder/ tenderer, bid/ tender, bidding/ tendering,
etc.) are synonymous.
2.Source of Funds
The Government of the State as defined in the
Appendix to ITB has decided to undertake the works of construction and
up-gradation of selected rural roads of the State through funds received under
Pradhan Mantri Gram Sadak Yojana, from the Government of India, Ministry of
Rural Development, and other sources to be implemented through the Employer.
2.2 The
Government of the State has decided to provide funds for the routine
maintenance of the roads.
3. Eligible
Bidders
3.1 This Invitation for Bids is open to all bidders
as defined in the Appendix to ITB.
3.2 Bidders
shall not be under a declaration of ineligibility for corrupt and fraudulent
practices by the Central Government, the State Government or any public
undertaking, autonomous body, authority by whatever name called under the
Central or the State Government.
4.Qualification of the Bidder
4.1 All bidders shall provide in Section 3, Forms
of Bid and Qualification information, a preliminary description of the proposed
work method and schedule, including drawings and charts, as necessary.
4.2 All bidders shall include the following
information and documents with their bids in Section 3, Qualification
Information unless otherwise stated in the Appendix to ITB:
(a) copies of original documents defining the constitution or legal status,
place of registration, and principal place of business; written power of
attorney of the signatory of the Bid to commit the Bidder;
(b)total monetary value of civil construction works performed for each of
the last five years;
(c)
experience in works of a similar nature and size for each of the last
five years, and details of works in progress or contractually committed with
certificates from the concerned officer of the rank of Executive Engineer or
equivalent;
(d)evidence of ownership of major items of construction equipment named in
Clause 4.4 B (b) (i) of ITB or evidence of arrangement of possessing them on
hire/lease/buying as defined therein.
(e) details of the technical
personnel proposed to be employed for the Contract having the qualifications
defined in Clause 4.4 B (b) (ii) of ITB for the construction.
(f)
reports on the financial standing of the Bidder, such as profit and loss
statements and auditor's reports for the past three years;
(g)
an undertaking that the bidder will be able to invest a minimum of cash
up to the percentage (defined in the Appendix to ITB) of the contract price of
works, during the implementation of the works;
(h)
evidence of access to line(s) of credit and availability of other
financial resources/ facilities (10 percent of the contract value) certified by
banker (the certificate being not more than 3 months old.)
(i)
authority to seek references from the Bidder's bankers;
(j)information regarding any litigation or arbitration during the last five
years in which the Bidder is involved, the parties concerned, the disputed
amount, and the matter;
(k) proposals for subcontracting the
components of the Works for construction/up-gradation, aggregating to
not more than 20 percent of the Contract Price; and
(l) the proposed methodology and programme of construction, backed
with equipment and material planning and deployment, duly supported with broad
calculations and Quality Management Plan proposed to be adopted, justifying their
capability of execution and completion of the work as per technical
specifications and within the stipulated period of completion.
4.3 Bids from joint venture are not allowed.
4.4 A To qualify for award of the Contract, each
bidder should have in the last five years:
Achieved
in any one year a minimum financial turnover (in all cases of civil engineering
construction works only) volume of construction work of at least the amount
equal to the estimated cost of works (excluding maintenance cost for five years) for
which bid has been invited. The turnover will be indexed at the rate of 8
percent for a year.
Satisfactorily
completed, as prime Contractor, at least one similar work equal in value to
one-third of the estimated cost of work (excluding maintenance cost for five years) for
which the bid is invited, or such higher amount as may be specified in the
Appendix to ITB. 4.4 B (a)
Each bidder must produce: (i) The current income-tax clearance
certificate; (ii) An affidavit that the information
furnished with the bid documents is correct in all respects; and (iii) Such other certificates as defined in the
Appendix to ITB. Failure to produce the certificates shall make the bid
non-responsive. (b) Each bidder must demonstrate: (i)
availability for construction work,
either owned, or on lease or on hire, of the key equipment stated in the
Appendix to ITB including equipments
required for establishing field laboratory to perform mandatory tests, and
those stated in the Appendix to ITB; (ii)
availability
for construction
work (iii)
liquid assets and/or credit facilities, net of
other contractual commitments and exclusive of any advance payments which may
be made under the Contract, of not less than the amount specified in the
Appendix to ITB; (c) The
bidder must not have in his employment: (i) the near relations (defined
as first blood relations, and their spouses, of the bidder or the bidders
spouse) of persons listed in the Appendix to ITB. (ii) without Government permission,
any person who retired as gazetted officer within the last two years of the
rank and from the departments listed in the Appendix to ITB. 4.4.C To qualify for a package of
contracts made up of this and other contracts for which bids are invited in the
Notice Inviting Tender, the bidder must demonstrate having experience and
resources sufficient to meet the aggregate of the qualifying criteria for the
individual contracts. 4.5
Sub-Contractors'
experience and resources shall not be taken into account in determining the
bidder's compliance with the qualifying criteria except to the extent stated in
4.4 A above. 4.6
Bidders
who meet the minimum qualification criteria will be qualified only if their
available bid capacity for construction work is equal to or more
than the total bid value. The available bid capacity will be calculated as
under: Assessed
Available Bid capacity = ( A*N*M - B ) where A
= Maximum value of civil engineering
works executed in any one year during the last five years (updated to the price
level of the last year at the rate of 8 percent a year) taking into account the
completed as well as works in progress. N
= Number of years prescribed for
completion of the works for which bids are invited (period up to 6 months to be
taken as half-year and more than 6 months as one year). M
= 2 or such higher figure not
exceeding 3 as may be specified in the Appendix to ITB. B
= Value, at the current price level, of
existing commitments and on-going works to be completed during the period of
completion of the works for which bids are
invited. Note: The
statements showing the value of existing commitments and on-going works as well
as the stipulated period of completion remaining for each of the works listed
should be countersigned by the Engineer in charge, not below the rank of an
Executive Engineer or equivalent. 4.7 Even though the bidders meet the above
qualifying criteria, they are subject to be disqualified if they have: (i) made misleading or false
representations in the forms, statements, affidavits and attachments submitted
in proof of the qualification requirements; and/or (ii) record of poor performance such as
abandoning the works, not properly completing the contract, inordinate delays
in completion, litigation history, or financial failures etc. (iii) participated in the previous bidding for the
same work and had quoted unreasonably high or low bid prices and could not
furnish rational justification for it to the Employer. 5. One Bid per Bidder 5.1 Each
Bidder shall submit only one Bid for one work. A Bidder who submits more
than one Bid will cause the proposals with the Bidder's participation to be
disqualified. 6. Cost of Bidding 6.1 The Bidder shall bear all costs associated with
the preparation and submission of his Bid, and the Employer will, in no case,
be responsible or liable for those costs. 7. Site Visit 7.1 The Bidder, at his own cost, responsibility and
risk, is encouraged to visit, examine and familiarise himself with the Site of
Works and its surroundings including source of earth, water, road aggregates
etc. and obtain all information that may be necessary for preparing the Bid and
entering into a contract for construction of the Works. The costs of visiting
the Site shall be at the Bidder's own expense.
He may contact the person whose contact details are given in the
Appendix to ITB. B. Bidding
Documents 8. Content of Bidding
Documents 8.1 The set of bidding documents
comprises the documents listed below and addenda issued in accordance with
Clause 10 of ITB. 1 Notice Inviting Tender 2.Instructions to Bidders 3 Qualification Information 4 Conditions of Contract (Part I General Conditions of Contract, and
Contract Data; Part II Special Conditions of Contract) 5 Specifications 6 Drawings 7 Bill of Quantities 8 Form of Bid 9 Form of Acceptance, Form of Agreement, Issue
of Notice to Proceed with the Work, form of Unconditional Bank Guarantee. 8.2 One set of the bidding documents
will be issued to the bidder against the payment. 8.3 The bidder is expected to examine
carefully all instructions, conditions of contract, contract data, forms, terms
and specifications, bill of quantities, forms and drawings in the Bid Document.
Failure to comply with the requirements of Bid Documents shall be at the
bidders own risk. Pursuant to clause 25 hereof, bids, which are not
substantially responsive to the requirements of the Bid Documents, shall be
rejected. 9. Clarification of
Bidding Documents and Pre-bid Meeting 9.1 A
prospective Bidder requiring any clarification of the bidding documents may
notify the Employer in writing or by cable ("cable" includes telex
and facsimile) at the Employer's address indicated in the Notice Inviting
Tenders. The Employer will respond to any request for clarification received
earlier than 10 days prior to the deadline for submission of bids. Copies of
the Employers response will be forwarded to all purchasers of the bidding
documents, including a description of the inquiry, but without identifying its
source. 9.2.1 If
a pre-bid meeting is to be held, the bidder or his authorised representative is
invited to attend it. Its date, time and address are given in the Appendix to
ITB. 9.2.2 The
purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage. 9.2.3 The
bidder is requested to submit any questions in writing or by cable so as to
reach the Employer not later than one week before the meeting. 9.2.4 Minutes
of the meeting, including the text of the questions raised (without identifying
the source of the enquiry) and the responses given will be transmitted without
delay to all purchasers of the bidding documents. Any modifications of the
bidding documents listed in Clause 8.1 of ITB, which may become necessary as a
result of the pre-bid meeting shall be made by the Employer exclusively through
the issue of an Addendum pursuant to Clause 10 of ITB and not through the
minutes of the pre-bid meeting. 9.2.5 Non-attendance
at the pre-bid meeting will not be a cause for disqualification of a bidder. 10. Amendment of Bidding Documents 10.1 Before
the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda. 10.2 Any
addendum thus issued shall be part of the bidding documents and shall be
communicated in writing by registered post or by cable to all purchasers of the
bidding documents. Prospective bidders shall acknowledge receipt of each
addendum by cable to the Employer. 10.3 To
give prospective bidders reasonable time in which to take an addendum into
account in preparing their bids, the Employer shall extend, as necessary, the
deadline for submission of bids, in accordance with Clause 20.2 of ITB. C.
Preparation of Bids 11. Language
of Bid 11.1 All
documents relating to the Bid shall be in the language specified in the
Appendix to ITB. 12. Documents Comprising the Bid 12.1 The
Bid submitted by the Bidder shall be in two separate parts: Part I This shall be named Technical Bid
and shall comprise of:
I.
For
bidding documents downloaded from the website, the demand draft for the cost of
the bidding documents placed in a separate cover, marked cost of bidding
document downloaded from the internet;
II.
Earnest
Money in a separate cover marked Earnest Money;
III.
Qualification
information, supporting documents, affidavit and undertaking as specified in
Clause 4 of ITB.
IV.
Undertaking
that the bid shall remain valid for the period specified in clause 15.1 OF ITB.
V.
any
other information/documents required to be completed and submitted by bidders,
as specified in the Appendix to ITB, and
VI.
An
affidavit affirming that information he has furnished in the bidding document
is correct to the best of his knowledge and belief. Part II. It shall be named Financial Bid and shall
comprise of: (i) Form of Bid as specified in
Section 6; (ii) Priced bill of quantities for
items specified in Section 7; 12. 2 Each
part shall be separately sealed and marked in accordance with Sealing and
Marking instructions in clause 19 of ITB. 12.3
The
following documents, which are not submitted with the bid, will be deemed to be
part of the bid. Section Particulars 1
Notice
inviting Tender 2
Instruction
to the bidders 3. Conditions
of Contract 4.
Contract
Data 5.
Specifications 6. Drawings 13. Bid Prices 13.1 The
Contract shall be for the whole Works, as described in Clause 1. 1 of ITB,
based on the priced Bill of Quantities submitted by the Bidder. 13.2 The
Bidder shall adopt the Percentage Rate Method or Item Rate Method as specified
in the Appendix to ITB Percentage Rate Method requires the
bidder to quote a percentage above / below/ at par of the schedule of rates
specified in the Appendix to ITB. Item Rate Method requires the bidder
to quote rates and prices for all items of the Works described in the Bill of
Quantities. The items for which no rate or price is entered by the Bidder will
not be paid for by the Employer when executed and shall be deemed covered by
the other rates and prices in the Bill of Quantities. Corrections, if any, shall be made
by crossing out, initialling, dating and rewriting. 13.3 All
duties, taxes, royalties and other levies payable by the Contractor under the
Contract, or for any other cause, shall be included in the rates, prices, and
total Bid price submitted by the Bidder. 13.4 The
rates and prices quoted by the Bidder shall be fixed for the duration of the
Contract and shall not be subject to adjustment. 14. Currencies of Bid 14.1 The unit rates and the prices shall
be quoted by the bidder entirely in Indian Rupees. 15. Bid Validity 15.1 Bids
shall remain valid for a period of ninety days after the deadline date for bid
submission specified in Clause 20 of ITB.
A bid valid for a shorter period shall be rejected by the Employer as
non-responsive. 15.2 In
exceptional circumstances, prior to expiry of the original time limit, the
Employer may request that the bidders may extend the period of validity for a
specified additional period. The
request and the bidders responses shall be made in writing or by cable. A bidder may refuse the request without
forfeiting his Earnest Money. A bidder
agreeing to the request will not be required or permitted to modify his bid,
but will be required to extend the validity of his earnest money for a period
of the extension, and in compliance with Clause 16 of ITB in all respects. 16. Earnest Money 16.1
The Bidder shall furnish, as part of the Bid, Earnest Money, in the amount
specified in the Appendix to ITB. 16.2 The
Earnest Money shall, at the Bidders option, be in the form of Fixed Deposit
Receipt of a scheduled commercial bank, issued in favour of the name given in
the Appendix to ITB. The Fixed Deposit Receipt shall be valid for six months or
more after the last date of receipt of bids. Other forms of Earnest Money
acceptable to the Employer are stated in the Appendix to ITB. 16.3 Any
bid not accompanied by an acceptable Earnest Money, unless exempted in terms
given in the Appendix to ITB, shall be rejected by the Employer as
non-responsive. 16.4 The
Earnest Money of unsuccessful bidders will be returned within 28 days of the
end of the Bid validity period specified in Clause 15.1 of ITB. 16.5 The
Earnest Money of the successful Bidder will be discharged when the Bidder has
signed the Agreement and furnished the required Performance Security. 16.6
The
Earnest Money may be forfeited: a)
if the
Bidder withdraws the Bid after bid opening (technical bid) during the period of
Bid validity; b)
in the
case of a successful Bidder, if the Bidder fails within the specified time
limit to
i.
sign
the Agreement; and/or
ii.
Furnish
the required Performance Security. 17. Alternative Proposals by Bidders 17.1 Bidders
shall submit offers that comply with the requirements of the bidding documents,
including the Bill of Quantities and the basic technical design as indicated in
the drawings and specifications. Alternative proposals will be rejected as non-responsive. 18. Format and Signing
of Bid 18.1 The
Bidder shall submit one set of the bid comprising of the documents as described
in Clause 12 of ITB. 18.2 The Bid shall be typed or written in
indelible ink and shall be signed by a person or persons duly authorized to
sign on behalf of the Bidder, pursuant to Clause 4.3(a) of ITB. All pages of
the Bid shall be signed by the person or persons signing the Bid. 18.3 The Bid shall contain no overwriting,
alterations or additions, except those to comply with instructions issued by
the Employer, or as necessary to correct errors made by the Bidder, in which
case such corrections shall be made by scoring out the cancelled portion,
writing the correction and initialling and dating it by the person or persons
signing the Bid. D. Submission of Bids 19. Sealing and Marking of Bids 19.1 The Bidder shall place the two
separate envelopes (called inner envelopes) marked Technical Bid and
Financial Bid in one outer envelope. The inner envelopes will have markings
as follows: Technical Bid: To be opened on _____ (date and time of Technical Bid opening as per clause 22.1 of ITB.) Financial Bid: Not to be opened except with the
approval of the Employer. The contents of the Technical and Financial
Bids shall be as specified in clause 12.1of ITB. 19.2 The inner and outer envelopes containing
the Technical and Financial Bids shall a)
be
addressed to the Employer at the address provided in the Appendix to ITB; b)
bear
the name and identification number of the Contract as defined in clause 1.1 of
ITB; and c)
provide
a warning not to open before the specified time and date for Bid opening as
defined in clause 22.1 of ITB. 19.3
In addition to the identification required in Clause 19.2, each of the
envelopes shall indicate the name and address of the Bidder to enable the Bid
to be returned unopened in case it is declared late, pursuant to Clause 21 of
ITB, or is declared non-responsive pursuant to Clause 2 20. Deadline for Submission of Bids 20.1 Complete
Bids (including Technical and Financial) must be received by the Employer at
the address specified in the Appendix to ITB not later than the date and time
indicated in the Appendix to ITB. In the event of the specified date for the
submission of bids being declared a holiday for the Employer, the Bids will be
received up to the specified time on the next working day. 20.2 The Employer may extend the
deadline for submission of bids by issuing an amendment in accordance with
Clause 10.3 of ITB, in which case all rights and obligations of the Employer
and the bidders previously subject to the original deadline will then be
subject to the new deadline. 21. Late Bids 21.1 Any
Bid received by the Employer after the deadline prescribed in Clause 20 of ITB will
be returned unopened to the Bidder. E. Bid
Opening and Evaluation 22. Bid Opening 22.1 The Employer will open the bids received
(except those received late) in the presence of the bidders/bidders
representatives who choose to attend at the time, date and place specified in
the Appendix to ITB. In the event of the specified date for the submission of
bids being declared a holiday for the Employer, the Bids will be opened at the
appointed time and location on the next working day. 22.2 The
envelope containing the technical bid shall be opened. The inner envelope
marked cost of bidding document downloaded from the internet will be opened
first and if the cost of the bidding documents is not there, or incomplete, the
remaining bid documents will not be opened, and bid will be rejected. 22.3 In
all other cases, the amount of Earnest Money, forms and validity shall be
announced. Thereafter, the bidders names and such other details as the
Employer may consider appropriate, will be announced by the Employer at the
opening. 22.4 The Employer will prepare minutes of the Bid opening, including
the information disclosed to those present in accordance with Clause 22.3 of
ITB. 22.5 Evaluation of the technical bids with respect to bid security,
qualification information and other information furnished in Part I of the bid
in pursuant to Clause 12.1 of ITB, shall be taken up and completed within five
working days of the date of bid opening, and a list will be drawn up of the
responsive bids whose financial bids are eligible for consideration. 22.6. The Employer shall inform, by
telegram or facimal, the bidders, whose technical bids are found responsive,
date, time and place of opening as stated in the Appendix ITB. In the event of the specified date being
declared a holiday for the Employer, the bids will be opened at the appointed
time and location on the next working day through they or their representative,
may attend the meeting of opening of financial bids. 22.7
At
the time of the opening of the Financial Bid, the names of the bidders whose
bids were found responsive in accordance with clause 22.5 of ITB will be
announced. The financial bids of only these bidders will be opened. The
remaining bids will be returned unopened to the bidders. The responsive
bidders names, the Bid prices, the total amount of each bid, and such other details
as the Employer may consider appropriate will be announced by the Employer at
the time of bid opening. Any Bid price which is not read out and recorded, will
not be taken into account in Bid Evaluation 22.8 The
Employer shall prepare the minutes of the opening of the Financial Bids. 23. Process to be Confidential 23.1 Information relating to the examination,
clarification, evaluation, and comparison of bids and recommendations for the
award of a contract shall not be disclosed to bidders or any other persons not
officially concerned with such process until the award to the successful Bidder
has been announced. Any attempt by a Bidder to influence the Employers
processing of bids or award decisions may result in the rejection of his Bid 24. Clarification of Bids and Contacting the
Employer 24.1 No
Bidder shall contact the Employer on any matter relating to its bid from the
time of the bid opening to the time the contract is awarded. 24.2 Any attempt by the bidder to influence the
Employers bid evaluation, bid comparison or contract award decision may result
in the rejection of his bid. 25. Examination of Bids and Determination of
Responsiveness 25.1 During the detailed evaluation of Technical
Bids, the Employer will determine whether each Bid (a) meets the eligibility
criteria defined in Clauses 3 and 4; (b) has been properly signed; (c) is
accompanied by the required securities; and (d) is substantially responsive to
the requirements of the bidding documents. During the detailed evaluation of
the Financial Bids, the responsiveness of the bids will be further determined
with respect to the remaining bid conditions, i.e., priced bill of quantities,
technical specifications and drawings. 25.2 A
substantially responsive Financial Bid is one which conforms to all the
terms, conditions, and specifications of the bidding documents, without
material deviation or reservation. A material deviation or reservation is one
(a) which affects in any substantial way the scope, quality, or performance of
the Works; (b) which limits in any substantial way, inconsistent with the
bidding documents, the Employers rights or the Bidders obligations under the
Contract; or (c) whose rectification would affect unfairly the competitive
position of other bidders presenting substantially responsive bids. 25.3 If
a Financial Bid is not substantially responsive, it will be rejected by the
Employer, and may not subsequently be made responsive by correction or
withdrawal of the nonconforming deviation or reservation. 26. Correction of Errors 26.1 Bids determined to be substantially responsive
will be checked by the Employer for any arithmetic errors. Errors will be
corrected by the Employer as follows: a)
where
there is a discrepancy between the rates in figures and in words, the rate in
words will govern; and b)
where
there is a discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by the quantity, the unit rate as quoted will
govern. 26.2 The
amount stated in the Bid will be adjusted by the Employer in accordance with
the above procedure for the correction of errors and shall be considered as
binding upon the Bidder. If the Bidder does not accept the corrected amount,
the Bid will be rejected, and the Earnest money shall be forfeited in
accordance with Clause 16.6(b) of ITB. 27. Evaluation and Comparison of Bids 27.1 The
Employer will evaluate and compare only the bids determined to be substantially
responsive in accordance with Clause 25 of ITB. 27.2 In
evaluating the bids, the Employer will determine for each Bid the evaluated Bid
price by adjusting the Bid price by making correction, if any, for errors
pursuant to Clause 26 of ITB. 27.3 If the Bid of the successful Bidder is
seriously unbalanced in relation to the Engineers estimate of the cost of work
to be performed under the contract, the Employer may require the Bidder to
produce detailed price analyses for any or all items of the Bill of Quantities,
to demonstrate the internal consistency of those prices with the construction
methods and schedule proposed. After
evaluation of the price analyses, the Employer may require that the amount of
the performance security set forth in Clause 32 of ITB be increased at the
expense of the successful Bidder to a level sufficient to protect the Employer
against financial loss in the event of default of the successful Bidder under
the Contract. The amount of the increased performance security shall be decided
at the sole discretion of the Employer, which shall be final, binding and
conclusive on the bidder. If the Bid of the successful Bidder is seriously
unbalanced in relation to the Engineers estimate of the cost of routine
maintenance of works to be performed for five years under the contract, the Employer may require the
Bidder to produce detailed price analyses for routine maintenance. After evaluation,
the Employer may require that the
amount of the performance security set forth in Clause 32 be increased at the
expense of the successful Bidder to a level sufficient to protect the Employer
against financial loss in the event of default of the successful Bidder under
the Contract. The amount of the increased performance security shall be decided
at the sole discretion of the Employer, which shall be final, binding and
conclusive on the bidder. 28. Price Preference 28.1 There
will be no price preference to any bidder. F.Award of Contract 29. Award Criteria 29.1 Subject
to Clause 31 of ITB, the Employer will award the Contract to the Bidder whose
Bid has been determined:
i.
to be
substantially responsive to the bidding documents and who has offered the
lowest evaluated Bid price, provided that such Bidder has been determined to be
(a) eligible in accordance with the provisions of Clause 3 of ITB, and (b)
qualified in accordance with the provisions of Clause 4 of ITB; and
ii.
to be
within the available bid capacity adjusted to account for his bid price which
is evaluated the lowest in any of the packages opened earlier than the one
under consideration. 30. Employers Right to
Accept any Bid and to Reject any or all Bids 30.1 Notwithstanding Clause 29 above, the
Employer reserves the right to accept or reject any Bid, and to cancel the
bidding process and reject all bids, at any time prior to the award of
Contract, without thereby incurring any liability to the affected Bidder or
bidders or any obligation to inform the affected Bidder or bidders of the
grounds for the Employers action. 31. Notification of Award and Signing of
Agreement. 31.1
The
bidder whose Bid has been accepted will be notified of the award by the
Employer prior to expiration of the Bid validity period by cable, telex or
facsimile confirmed by registered letter. This letter (hereinafter and in the
Part I General Conditions of Contract
called the Letter of Acceptance) will state the sum that the Employer will
pay to the Contractor in consideration of the execution, completion and
maintenance of the Works, and the routine maintenance of the works for five
years, by the Contractor as prescribed by the Contract (hereinafter and
in the Contract called the Contract Price). 31.2. The
notification of award will constitute the formation of the Contract, subject
only to the furnishing of a performance security in accordance with the
provisions of Clause 32. 31.3. The
Agreement will incorporate all agreements between the Employer and the
successful Bidder. It will be signed by the Employer and the successful Bidder
after the performance security is furnished. 31.4 Upon the furnishing by the successful
Bidder of the Performance Security, the Employer will promptly notify the other
Bidders that their Bids have been unsuccessful. 32. Performance Security 32.1 Within
10 (ten) days after receipt of the Letter of Acceptance, the successful Bidder
shall deliver to the Employer a Performance Security of five percent of the
Contract Price, for the period of five years and the time for completion of
works plus additional security for unbalanced Bids in accordance with Clauses 27.3 and 27.4 of ITB and
Clause 46 Part I 32.2 The performance security shall be either in
the form of a Bank Guarantee or fixed deposit Receipts, in the name of the
Employer, from a Scheduled commercial bank. 32.3 Failure of the successful Bidder to comply
with the requirements of Clause 32.1.shall constitute sufficient grounds for
cancellation of the award and forfeiture of the Earnest Money. He will also be debarred from participating
in bids under PMGSY for one year. 33.
Advances 33.1
The
Employer will provide Mobilization Advance and Advance against the security of
equipment as provided in Part I General Conditions of Contract. 34. Corrupt or Fraudulent Practices The Employer requires the
bidders/Contractors to strictly observe the laws against fraud and corruption
in force in India, namely, Prevention of Corruption Act, 1988. The
Employer should fill out this Appendix to ITB before issuing the bidding
documents The insertions should correspond to the information provided in the
Invitation for Bids. Instructions
to Bidders Clause
Reference (1.1) The
Employer
is_________________________________________________________________________________________ [Insert designation of the Employer.] (1.1) The Works
is _____________________[name and
summary description of the Works.] (1.1) Identification
No. of the works is: (2.1) The State
is _______________ (3.1) Eligible
Bidders are: (4.2) The information required from bidders in
Clause 4.2 is modified as follows: _____________________________________________________________________________________________________________________________________________ [list any additions or deletions to the list in Clause 4.2; otherwise State none.] 4.2
(g) The
percentage is _____________________________ (4.4 A) (b) _____________[insert the amount if it is more than
one-third of the estimated cost of works.] (4.4 B) (a) (iii) Other
certificates required with the bid are: (4.4. B) (b)(i) The key
equipments for road works and field testing laboratory Road Works are: For Road Works Name of
the Equipment Quantity _________________________________ _________________________________ ________________________________ For field testing Laboratory Name of
the Equipment Quantity __________________________________ __________________________________ ___________________________________ Note: (a)
The bidder must produce the following documentary evidence in support of his
owning the above equipment: (4.4 B) (b)( ii) The
Number of Technical personnel, Qualifications and Experience will be as
follows : A. The Technical Personnel
are:
[Cl. 9.1] Technical Personnel Number Experience in Road Works A. Degree Holder in Civil
Engineering B. Diploma Holder in Civil
Engineering C. Others (Specify) B. For field testing
laboratory ; (4.4 B) (b)(iii) The minimum amount of liquid assets and/or
credit facilities net of other contractual commitments of the successful
Bidder shall be _______________________________ [Note: Usually the
equivalent of estimated payments flow over 2 months at the average (straight
line distribution) construction rate.] (4.4 B) (c) (i) The
bidder must produce an affidavit stating that the near relations of the
following departmental officers are not in his employment: (4.4 B) (c) (ii) The bidder must produce an affidavit stating
the names of retired gazetted officer (if any) in his employment who retired
within the last two years with the following ranks from the departments
listed below: In case there is no such person in his
employment, his affidavit should clearly state this fact. (4.6) M = (7.1) The contact
person is: Designation: Address: Telephone No. (9. 2.1) Place,
Time and Date for pre-bid meeting are: Place Time Date (11.1) Language
of the bid is: (12.1)
Part I (v) The other
documents required are: (13.2.) Bids may
be submitted only in one of the following: Percentage Rate Method Item Rate Method [Delete
whatever is not applicable.] (13.2) Schedule of Rate applicable for Percentage
Rate Method is: ____________________ (16.1) The amount
of Earnest Money shall be Rs. ____________[insert
the amount in figure and words. Note: This amount is 2 percent of estimated
value of the Works, rounded off to the nearest thousand. For reasons of
confidentiality, a fixed sum should be specified, in preference to a
percentage of the bid price.] (16.2) Fixed
Deposit Receipt must be drawn: In favour
of: (16.2) Other
acceptable forms of Earnest Money pledged in favour of ____________________
are ________________ (16.3) Exemption
from Earnest Money is granted to: (20.1) The
Employer's address for the purpose of Bid submission is
________________________________________________________________________________________[insert the receiving address provided in
the Invitation for Bids.] (20.1) The deadline
for submission of bids shall be: Time
________________ Date
__________________ _______________________________________ (22.1)
& (22.6) The date,
time and place for opening of the Technical Bids are: (A)
Technical Bid Date Time Place (B)
Financial Bid (For qualified bidder as) Date Time Place (32.1) The
amount and validity period of the performance guarantee is: Amount:
percent of the contract price.
Validity Period:
(i) Performance security shall
be valid until a date 45 days after the expiry of Defect Liability Period of
5 years after intended completion date.
(ii) Additional Performance
Security for unbalanced Bid shall be valid for 45 days plus intended
completion period.
(iii)
datetime="2003-02-16T09:54">Additional Performance Security for unbalanced
Bid for routine maintenance shall be valid until a date 45 days after the
expiry of Defect Liability Period of 5 years after intended completion date.
Signature of Employer/ Authorised Signatory
Date
Notes on Form of Qualification
Information The
information to be filled in by bidders in the following pages will be used for
purposes of post-qualification as provided for in Clause 4 of the Instructions
to Bidders. This information will not be incorporated in the Contract. Attach
additional pages as necessary. 1.Individual Bidders Constitution
or legal status of Bidder Place of registration: Principal place of business: Power of attorney of signatory of Bid ______________________ ______________________ [attach] 1.2 Total
annual volume of civil engineering construction work executed and payments
received in the last five years preceding the year in which bids are invited.
(Attach certificate from Chartered Accountant) (Rs. In lakhs) -19 -19 19 -19 20 20 -20 1.3 1 Work performed as prime Contractor (in the
same name and style) on construction works of a similar nature and
volume over the last five years. Attach certificate from the
Engineer-in-charge Project Name Name of Employer Description of work Value of contract Contract No. Date of Issue of Work Order Stipulated Date of Completion Actual Date of Completion Remarks explaining reasons for Delay, if any
1.3.2 Information on Bid Capacity (works for which bids have
been submitted and works which are yet to be completed) as on the date of this
bid. Existing
commitments and on-going construction works: Description
of Work Place
& State Contract
No & Date Name
& Address of Employer Value
of Contract (Rs.
In lakhs) Stipulated
period of completion Value
of works remaining to be completed (Rs.
Lakhs) * Anticipated
Date of completion (1) (2) (3) (4) (5) (6) (7) (8) *
Enclose certificate(s) from
Engineer(s)-in-charge for value of work remaining to be completed. (B) Works
for which bids already submitted: Description
of Work Place
& State Name
& Address of Employer Estimated
Value of Works (Rs.
Lakhs) Stipulated
period of completion Date
when decision is expected Remarks,
if any (1) (2) (3) (4) (5) (6) (7) 1.4
Availability of Major items of Contractor's Equipment proposed for
carrying out the Works. List all information requested below. Refer also to
Clause 4.2(d) and Clause 4.4 b (b) of the Instructions to Bidders. Item of
Equipment Description,
make, and age (Years), and capacity Condition
(new, good, poor) and number available Owned,
leased (from whom?), or to be purchased 1.5 Qualifications
of technical personnel proposed for the Contract. Refer also to Clause 4. Position Name Qualification Years of experience Road
Works Building
Works Other 1.6
Proposed sub-contractors and firms involved for construction. Refer to Clause 7 of Part
I General Conditions of Contract. Sections
of the Works Value of
subcontract Sub-contractor(name and address) Experience
in similar work Note:
The capability of the sub-Contractor will also be assessed (on the same lines
as for the main Contractor) before according approval to him. 1.7
Financial reports for the last five years: balance sheets, profit and
loss statements, auditors' reports, etc. List below and attach copies. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 1.8
Evidence of access to financial resources to meet the qualification
requirements: cash in hand, lines of credit, etc. List below and attach copies
of support documents.(Sample format attached). __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 1.9
Name, address, and telephone, telex, and facsimile numbers of banks that
may provide references if contacted by the Employer. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 1.10
Information
on current litigation in which the Bidder is involved. Name of
Other party(s) Cause of dispute Litigation
where (Court/arbitration) Amount
involved 1.11 Proposed Programme (work method and
schedule). Descriptions, drawings, and charts as necessary, to comply with the
requirements of the bidding documents. SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT
FACILITIES BANK CERTIFICATE This is to certify that
M/S --------------- is a reputed company with a good financial standing. If the contract for the
work, namely, ___________ is awarded to the above firm, we shall be able to
provide overdraft/credit facilities to the extent of Rs. ________ to meet their
working capital requirements for executing the above contract. Signature of Senior Bank Manager
____________ Name of the senior Bank Manager
___________ Address of the Bank ----------------------- Stamp of the Bank Note: Certificate should be on the letter head of the bank. Section 4 These conditions are subject to the
variations and additions set out in Part II Special Conditions of Contract Notes on Conditions of
Contract The
Conditions of Contract, read in conjunction with Part II Special Conditions of
Contract and the Contract Data and other documents listed therein, should be a
complete document expressing fairly the rights and obligations of both parties.
The
form of Conditions of Contract that follows has been developed for smaller admeasurements
contracts for
construction on the basis of international practice and the practice of
the Government of India, Ministry of Road Transport and Highways, and
considerable experience in different States in India in the drafting and
management of contracts, bearing in mind a trend in the construction industry
towards simpler, more straightforward language. The Conditions of
Contract also incorporate the concept of performance-based payments for routine
maintenance of roads. Table of Clauses A. General
1. Definitions 2. Interpretation 3.
Language and Law
4. Engineer's Decisions 5. Delegation 6. Communications 7. Subcontracting 8. Other
Contractors
9. Personnel 10. Employer's and
Contractor's Risks 11. Employer's Risks 12. Contractor's Risks 13. Insurance 14. Site Investigation
Reports 15. Queries about the Contract Data 16. Contractor to Construct the Works & do maintenance 17. The Works to Be Completed by the Intended Completion Date 18. Approval by the Engineer 19. Safety 20. Discoveries
21. Possession of the Site
22. Access to the Site 23. Instructions 24. Dispute Redressal System 25. Arbitration B. Time Control 26. Programme 27. Extension of the Intended Completion Date 28. Delays Ordered by the Engineer 29. Management Meetings C. Quality Control 30. Identifying Defects 31. Tests 32. Correction of Defects 33. Uncorrected Defects D. Cost Control 34. Bill of Quantities 35. Variations 36. Payments for Variations 37. Cash Flow Forecasts 38. Payment Certificates 39. Payments 40. Compensation Events 41. Tax 42. Currencies 43. Security Deposit 44. Liquidated Damages 45. Advance Payments 46. Securities 47. Cost of Repairs E. Finishing the Contract 48. Completion 49. Taking Over 50. Final Account 51. Operating and Maintenance Manual 52. Termination 53. Payment upon Termination 54. Property 55 Release from Performance F. Other Conditions of
Contract 56. Labour 57. Compliance with Labour Regulations 58. Drawings and Photographs
of the Works 59. The Apprenticeship Act, 1961 Section 4 A. General 1. Definitions 1.1 Terms
which are defined in the Contract Data are not also defined in the Conditions
of Contract but keep their defined meanings. Capital initials are used to
identify defined terms. Bill of Quantities means the priced and completed Bill
of Quantities forming part of the Bid. Compensation Events are those defined in Clause 40
hereunder. The Completion Date is the date of completion of the
Works as certified by the Engineer, in accordance with Clause 48.1. The Contract is the Contract between the
Employer and the Contractor to execute, complete, and maintain the Works. It
consists of the documents listed in Clause 2.3. The Contract Data defines the documents and other
information which comprise the Contract. The Contractor is a person or corporate body whose
Bid to carry out the Works, including routine maintenance, has been
accepted by the Employer. The Contractor's Bid is the completed bidding document
submitted by the Contractor to the Employer. The Contract Price is the price stated in the Letter
of Acceptance and thereafter as adjusted in accordance with the provisions of
the Contract. Days are calendar days; months are
calendar months. A Defect
is any part of the Works not completed in accordance with the Contract. The Defects Liability
Certificate is the
certificate issued by Engineer, after the Defect Liability Period has ended and
upon correction of Defects by the Contractor. The Defects Liability
Period is five
years calculated from the Completion Date. Drawings include calculations and other
information provided or approved by the Engineer for the execution of the
Contract. The Employer is the party as defined in the
Contract Data, who employs the Contractor to carry out the Works, including routine
maintenance,. The Employer may delegate any or all functions to a person
or body nominated by him for specified functions. The Engineer is the person named in the Contract
Data (or any other competent person appointed by the Employer and notified to
the Contractor, to act in replacement of the Engineer) who is responsible for
supervising the execution of the Works and administering the Contract. Equipment is the Contractor's machinery and
vehicles brought temporarily to the Site to construct the Works. The Initial Contract
Price is the
Contract Price listed in the Employer's Letter of Acceptance. The Intended
Completion Date is
the date on which it is intended that the Contractor shall complete the Works.
The Intended Completion Date is specified in the Contract Data. The Intended
Completion Date may be revised only by the Engineer by issuing an extension of
time. Materials are all supplies, including
consumables, used by the Contractor for incorporation in the Works. Plant is any integral part of the Works
that shall have a mechanical, electrical, electronic, chemical, or biological
function. Routine Maintenance is the maintenance of roads for five years as specified in the
Contract Data. The Site
is the area defined as such in the Contract Data. Site Investigation
Reports are those
that were included in the bidding documents and are reports about the surface
and subsurface conditions at the Site. Specification means the Specification of the Works
included in the Contract and any modification or addition made or approved by
the Engineer. The Start
Date is given in the Contract Data. It is the date when the Contractor
shall commence execution of the Works. It does not necessarily coincide with
any of the Site Possession Dates. A Sub-Contractor
is a person or corporate body who has a Contract with the Contractor to
carry out a part of the construction work in the Contract, which
includes work on the Site. Temporary Works are works designed, constructed,
installed, and removed by the Contractor that are needed for construction or
installation of the Works. A Variation
is an instruction given by the Engineer, which varies the Works. The Works, as defined in the
Contract Data,
are what the Contract requires the Contractor to construct, install,
maintain, and turn over to the Employer. Routine maintenance is defined separately. 2. Interpretation 2.1 In interpreting these Conditions of Contract,
singular also means plural, male also means female or neuter, and the other way
around. Headings have no significance. Words have their normal meaning under
the language of the Contract unless specifically defined. The Engineer will
provide instructions clarifying queries about these Conditions of Contract. 2.2 If
sectional completion is specified in the Contract Data, references in the
Conditions of Contract to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than references to the
Completion Date and Intended Completion Date for the whole of the Works). 2.3 The documents forming the Contract shall be
interpreted in the following order of priority: (1)
Agreement, (2)
Notice to Proceed with the Work, (3)
Letter of Acceptance, (4)
Contractor's Bid, (5)
Contract Data, (6)
Special Conditions of Contract Part II, (7)
General Conditions of Contract Part I, (8)
Specifications, (9)
Drawings, (10) Bill of Quantities, and (11) Any other document listed in
the Contract Data. 3. Language and
Law 3.1 The
language of the Contract and the law governing the Contract are stated in the
Contract Data. 4.
Engineer's Decisions 4.1
Except
where otherwise specifically stated, the Engineer will decide contractual
matters between the Employer and the Contractor in the role representing the
Employer. However, if the Engineer is required under the rules and regulations
and orders of the Employer to obtain approval of some other authorities for
specific actions, he will so obtain the approval. 4.2 Except
as expressly stated in the Contract, the Engineer shall not have any authority
to relieve the Contractor of any of his obligations under the contract. 5. Delegation 5.1 The Engineer, with the approval of the
Employer, may delegate any of his duties and responsibilities to other people,
after notifying the Contractor, and may cancel any delegation after notifying the
Contractor. 6. Communications 6.1 Communications
between parties that are referred to in the Conditions shall be effective only
when in writing. A notice shall be effective only when it is delivered. 7. Subcontracting 7.1 The Contractor may subcontract part of the
construction work with the approval of the Employer in writing, up to 25
percent of the contract price but will not assign the Contract. Subcontracting
shall not alter the Contractor's obligations. 7.2 The
Contractor shall not be required to obtain any consent from the Employer for: a.
the
sub-contracting of any part of the Works for which the Sub-Contractor is named
in the Contract; b.
the
provision for labour, or labour component. c.
the
purchase of Materials which are in accordance with the standards specified in
the Contract. 7.3 Beyond what has been stated in clauses 7.1 and
7.2, if the Contractor proposes sub-contracting any part of the work during
execution of the Works, because of some unforeseen circumstances to enable him
to complete the Works as per terms of the Contract, the Employer will consider
the following before according approval: a)
The
Contractor shall not sub-contract the whole of the Works. b)
The
Contractor shall not sub-contract any part of the Work without prior consent of
the Employer. Any such consent shall not relieve the Contractor from any
liability or obligation under the Contract and he shall be responsible for the
acts, defaults and neglects of any his sub-Contractor, his agents or workmen as
fully as if they were the acts, defaults or neglects of the Contractor, his
agents and workmen. 7.4 The
Engineer should satisfy himself before recommending to the Employer whether a)
the
circumstances warrant such sub-contracting; and b)
the sub-Contractor so proposed for the Work possess the
experience, qualifications and equipment necessary for the job proposed to be
entrusted to him in proportion to the quantum of Works to be sub-contracted. 8. Other Contractors 8.1
The Contractor shall cooperate and share the Site with other
Contractors, public authorities, utilities, and the Employer between the dates
given in the Schedule of Other Contractors, as referred to in the Contract
Data. The Contractor shall also provide facilities and services for them as
described in the Schedule. The Employer may modify the Schedule of Other
Contractors, and shall notify the Contractor of any such modification. 8.2 The
Contractor should take up the works in convenient reaches as decided by the
Engineer to ensure there is least hindrance to the smooth flow of traffic
including movement of vehicles and equipment of other Contractors till the
completion of the Works. 9. Personnel 9.1 The Contractor shall employ for the construction
work and routine maintenance the technical personnel named in the
Contract Data or other technical persons approved by the Engineer. The Engineer
will approve any proposed replacement of technical personnel only if their
relevant qualifications and abilities are substantially equal to or better than
those of the personnel stated in the Contract Data. 9.2 If
the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall
ensure that the person leaves the Site within seven days and has no further
connection with the Works in the Contract. 9.3 The
Contractor shall not employ any retired Gazetted officer who has worked in the
Engineering Department of the State Government and has either not completed two
years after the date of retirement or has not obtained State Governments
permission to employment with the Contractor. 10. Employer's and
Contractor's Risks 10.1 The
Employer carries the risks which this Contract states are Employer's risks, and
the Contractor carries the risks which this Contract states are Contractor's
risks. 11. Employer's Risks 11.1 The
Employer is responsible for the excepted risks which are (a) in so far as they
directly affect the execution of the Works in the Employers country, the risks
of war, invasion, act of foreign enemies, rebellion, revolution, insurrection
or military or usurped power, civil war, riot commotion or disorder (unless
restricted to the Contractors employees), natural calamities and contamination
from any nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a
cause due solely to the design of the Works, other than the Contractors
design. 12. Contractor's Risks 12.1 All
risks of loss of or damage to physical property and of personal injury and
death which arise during and in consequence of the performance of the Contract
other than the excepted risks, referred to in clause 11.1, are the
responsibility of the Contractor. 13. Insurance 13.1 The Contractor at his cost shall
provide, in the joint names of the Employer and the Contractor, insurance cover
from the Start Date to the date of completion, in the amounts and deductibles
stated in the Contract Data for the following events which are due to the
Contractor's risks: a)
loss
of or damage to the Works, Plant and Materials; b)
loss
of or damage to Equipment; c)
loss
of or damage to property (except the Works, Plant, Materials, and Equipment) in
connection with the Contract; and d)
Personal
injury or death. 13.2 Insurance
policies and certificates for insurance shall be delivered by the Contractor to
the Engineer for the Engineer's approval before the Start Date. All such
insurance shall provide for compensation to be payable in Indian Rupees to
rectify the loss or damage incurred. 13.3 (a) The
Contractor at his cost shall also provide, in the joint names of the Employer
and the Contractor, insurance cover from the date of completion to the end of
defect liability period, in the amounts and deductibles stated in the Contract
Data for the following events which are due to the Contractor's risks: (a)Personal injury or
death. 13.3 (b)
Insurance policies and
certificates for insurance shall be delivered by the Contractor to the Engineer
for the Engineer's approval before the completion date/ start date. All such insurance
shall provide for compensation to be payable in Indian Rupees. 13. 13.5 14. Site Investigation
Reports 14.1 The Contractor, in preparing the Bid, may rely
on any Site Investigation Reports referred to in the Contract Data,
supplemented by any other information available to him, before submitting the
bid. 15. Queries about the
Contract Data 15.1 The
Engineer will clarify queries on the Contract Data. 16. Contractor to
Construct the Works 16.1 The
Contractor shall construct, and install and maintain the Works in accordance
with the Specifications and Drawings. 17. The Works to Be
Completed by the Intended Completion Date 17.1 The
Contractor may commence execution of the Works on the Start Date and shall
carry out the Works in accordance with the Programme submitted by the
Contractor, as updated with the approval of the Engineer, and complete them by
the Intended Completion Date. 18. Approval by the
Engineer 18.1 The
Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Engineer, who is to approve them. 18.2 The
Contractor shall be responsible for design of Temporary Works. 18.3 The
Engineer's approval shall not alter the Contractor's responsibility for design
of the Temporary Works. 18.4 The
Contractor shall obtain approval of third parties to the design of the
Temporary Works, where required. 18.5 All Drawings prepared by the Contractor for the
execution of the temporary or permanent Works, are subject to prior approval by
the Engineer before their use. 19. Safety 19.1 The
Contractor shall be responsible for the safety of all activities on the Site. 20. Discoveries 20.1 Anything
of historical or other interest or of significant value unexpectedly discovered
on the Site shall be the property of the Employer. The Contractor shall notify
the Engineer of such discoveries and carry out the Engineer's instructions for
dealing with them. 21. Possession of the
Site 21.1 The Employer shall give complete possession of
the Site to the Contractor fifteen days in advance of the construction
programme. 22. Access to the Site 22.1 The Contractor shall allow access to the Site
and to any place where work in connection with the Contract is being carried
out, or is intended to be carried out to the engineer and any
person/persons/agency authorized by: a.
The
Engineer b.
The
Employer c.
The
Ministry of Rural Development, Government of India. d.
National
Rural Roads Development Agency, New Delhi 23. Instructions 23.1 The
Contractor shall carry out all instructions of the Engineer, which comply with
the applicable laws where the Site is located. 24. Dispute Redressal
System 24.1 If
any dispute or difference of any kind what-so-ever shall arises in connection
with or arising out of this Contract or the execution of Works or maintenance
of the Works there under, whether before its commencement or during the progress
of Works or after the termination, abandonment or breach of the Contract, it
shall, in the first instance, be referred for settlement to the competent
authority, described along with their powers in the Contract Data, above the
rank of the Engineer. The competent authority shall, within a period of
forty-five days after being requested in writing by the Contractor to do so,
convey his decision to the Contractor. Such decision in respect of every matter
so referred shall, subject to review as hereinafter provided, be final and
binding upon the Contractor. In case the Works is already in progress, the
Contractor shall proceed with the execution of the Works, including maintenance
thereof, pending receipt of the
decision of the competent authority as aforesaid, with all due diligence. 24.2 Either
party will have the right of appeal, against the decision of the competent
authority, to the Standing Empowered Committee if the amount appealed against
exceeds rupees one lakh. 24.3
The composition of the
Empowered Standing Committee will be:
I.
One official member, Chairman of the
Standing Empowered Committee, not below the rank of Additional Secretary to the
State Government;
II.
One official member not below the
rank of chief engineer; and
III.
One non-official member who will be
technical expert of Chief Engineers level selected by the Contractor from a
panel of three persons given to him by the Employer. 24.4
The Contractor and the
Employer will be entitled to present their case in writing duly supported by
documents. If so requested, the Standing Empowered Committee may allow one
opportunity to the Contractor and the Employer for oral arguments for a specified
period. The Empowered Committee shall give its decision within a period of
ninety days from the date of appeal, failing which the contractor can approach
the appropriate court for the resolution of the dispute. 24.5
The
decision of the Standing Empowered Committee will be binding on the Employer
for payment of claims up to five percent of the Initial Contract Price. The
Contractor can accept and receive payment after signing as in full and final
settlement of all claims. If he does not accept the decision, he is not barred
from approaching the courts. Similarly, if the Employer does not accept the
decision of the Standing Empowered Committee above the limit of five percent of
the Initial Contract Price, he will be free to approach the courts applicable
under the law. 25. Arbitration 25.1 In view of the provision of the
clause 24 on Dispute Redressal System, it is the condition of the Contract that
there will be no arbitration for the settlement of any dispute between the
parties. 26.
Programme 26.1 Within the time stated in the Contract Data,
the Contractor shall submit to the Engineer for approval a Programme showing
the general methods, arrangements, order, and timing for all the activities in
the Works, along with monthly cash flow forecasts for the construction of works. 26.2 An update of the Programme shall be a programme
showing the actual progress achieved on each activity and the effect of the
progress achieved on the timing of the remaining Works, including any changes
to the sequence of the activities. 26.3 The Contractor shall submit to the Engineer for
approval an updated Programme at intervals no longer than the period stated in
the Contract Data. If the Contractor does not submit an updated Programme
within this period, the Engineer may withhold the amount stated in the Contract
Data from the next payment certificate and continue to withhold this amount
until the next payment after the date on which the overdue Programme has been
submitted. 26.4 The Engineer's approval of the Programme shall
not alter the Contractor's obligations. The Contractor may revise the Programme
and submit it to the Engineer again at any time. A revised Programme shall show
the effect of Variations and Compensation Events. 27. Extension of the
Intended Completion Date 27.1 The Engineer shall extend the Intended
Completion Date if a Compensation Event occurs or a Variation is issued which
makes it impossible for Completion to be achieved by the Intended Completion
Date without the Contractor taking steps to accelerate the remaining Works,
which would cause the Contractor to incur additional cost. 27.2 The Engineer shall decide whether and by how
much time to extend the Intended Completion Date within 21 days of the
Contractor asking the Engineer for a decision upon the effect of a Compensation
Event or Variation and submitting full supporting information. If the
Contractor has failed to cooperate in dealing with a delay, the delay by this
failure shall not be considered in assessing the new Intended Completion Date. 28. Delays Ordered by the Engineer 28.1 The Engineer may instruct the Contractor to
delay the start or progress of any activity within the Works. Delay/delays
totalling more than 30 days will require prior written approval of the
Employer. 29. Management Meetings 29.1 The Engineer may require the Contractor to
attend a management meeting. The business of a management meeting shall be to
review the plans for the Works. 29.2 The Engineer shall record the business of
management meetings and provide copies of the record to those attending the
meeting. The responsibility of the parties for actions to be taken shall be
decided by the Engineer either at the management meeting or after the
management meeting and stated in writing to all those who attended the meeting. 30. Identifying Defects 30.1 The Engineer shall check the Contractor's work
and notify the Contractor of any Defects that are found. Such checking shall
not affect the Contractor's responsibilities. The Engineer may instruct the
Contractor to search for a Defect and to uncover and test any work that the
Engineer considers may have a Defect. 31. Tests 31.1 The contractor shall be solely responsible for
: a.
Carrying
out the mandatory tests prescribed in the Rural Roads Manual, and b.
For
the correctness of the test results, whether preformed in his laboratory or
elsewhere. 31.2 If the Engineer instructs the Contractor to
carry out a test not specified in the Specification/ Rural Roads Manual to
check whether any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. 32. Correction of Defects noticed during the
Defect Liability Period and Routine Maintenance of Roads for five years 32.1.1 The Engineer shall give notice to the Contractor of
any Defects before the end of the Defects Liability Period, which begins at Completion
and ends after five year. The Defects Liability Period shall be
extended for as long as Defects remain to be corrected. 32.1.2 Every time
notice of Defect/Defects is given, the Contractor shall correct the notified
Defect/Defects within the length of time specified by the Engineers notice. 32.2.1 The Contractor shall do the routine
maintenance of roads, including pavement, road sides and cross drains including
surface drains to the required standards and in the manner as defind in clause 1.1 and keep the entire
road surface and structure in Defect free condition during the entire
maintenance period which begins at Completion and ends after five years. . 32.2.2 The routine
maintenance
standards shall meet the following minimum requirements:- i)
Potholes on the road
surface to be repaired soon after these appear or brought to his notice either
during contractors monthly inspection or by the Engineer. ii)
Road shoulders to be
maintained in proper condition to make them free from excessive edge drop offs,
roughness, scouring or potholes. iii)
Cleaning of surface
drains including reshaping to maintain free flow of water. iv)
Cleaning of culverts
and pits for free flow of water. v) Any other maintenance operation required to
keep the road traffic worthy at all time during the maintenance period. 32.2.3 To fulfil
the objectives laid down in sub clauses 32.2.1 and 32.2.2 above, the Contractor shall undertake detailed
inspection of the roads at least once in a month. The Engineer can reduce this frequency in case of emergency. The Contractor shall forward to the Engineer
the record of inspection and rectification each month. The Contractor shall pay particular
attention on those road sections which are likely to be damaged or inundated
during rainy season. 32.2.4 The Engineer may issue notice to the
Contractor to carry out maintenance of defects, if any, noticed in his inspection, or brought to his
notice. The Contractor shall remove the defects within the period specified in
the notice and submit to the Engineer a compliance report. 33. Uncorrected Defects 33.1 If the Contractor has not corrected a Defect
pertaining to the Defect Liability Period under clause 32.1.1 and clause 32.2.2
of these Conditions of Contract, to the satisfaction of the Engineer, within
the time specified in the Engineer's notice, the Engineer will assess the cost
of having the Defect corrected, and the Contractor will pay this amount, on
correction of the Defect. 34.1 The Bill of Quantities shall contain items for
the construction, installation, testing, and commissioning, 34.2 The Bill of Quantities is used to calculate the
Contract Price. The Contractor is paid for the quantity of the work done at the
rate in the Bill of Quantities for each item for the construction of roads. The payment to the
Contractor is performance based for routine maintenance of roads. 35. Variations 35.1 The Engineer shall, having regard to the scope
of the Works and the sanctioned estimated cost, have power to order, in
writing, Variations within the scope of the Works he considers necessary or
advisable during the progress of the Works. Such Variations shall form part of
the Contract and the Contractor shall carry them out and include them in
updated Programmes produced by the Contractor. Oral orders of the Engineer for
Variations, unless followed by written confirmation, shall not be taken into
account. 36. Payments
for Variations 36.1 If rates for Variation items are specified in
the Bill of Quantities, the Contractor shall carry out such work at the same
rate. This shall apply for Variations only up to the limit prescribed in the
Contract Data. If the Variation exceeds this limit, the rate shall be derived
under the provisions of clause 36.3 for quantities (higher or lower) exceeding
the deviation limit. 36.2 If the rates for Variation are not specified in
the Bill of Quantities, the Engineer shall derive the rate from similar items
in the Bill of Quantities. 36.3 If the rate for Variation item cannot be
determined in the manner specified in Clause 36.1 or 36.2, the Contractor
shall, within 14 days of the issue of order of Variation work, inform the Engineer
the rate which he proposes to claim, supported by analysis of the rates. The
Engineer shall assess the quotation and determine the rate based on prevailing
market rates within one month of the submission of the claim by the Contractor.
As far as possible, the rate analysis shall be based on the standard data book
and the current schedule of rates of the district public works division. The
decision of the Engineer on the rate so determined shall be final and binding
on the Contractor. 37. Cash Flow Forecasts 37.1 When the Programme is updated, the Contractor
shall provide the Engineer with an updated cash flow forecast. 38. Payment Certificates 38.1 The payment to the
contractor will be as follows for construction work: 38.2 The payment to the contractor will be as
follows for routine maintenance of the works: (a) The Contractor shall
submit to the Engineer a bill every month (b) The payment will be made six-monthly for the
monthly bills received during the previous six-months. (c) If the bill for a month is not received
from the contractor by the 10th day of the succeeding month or/ and
if the Engineer has not certified that the contractor has carried out the
maintenance work for defects brought to his notice under clause 32.2.4 within
specified period, no payment will become due to the Contractor for that month. (d) If the Contractor has failed to carry out the
maintenance with in the period specified by the Engineer, no payment of any kind will be due to the
Contractor for that month. 39. Payments 39.1 Payments shall be adjusted for deductions for
advance payments, security deposit, other recoveries in terms of the Contract
and taxes at source, as applicable under the law. The Engineer shall pay the
Contractor the amounts he had certified within 15 days of the date of each
certificate. 39.2 The Employer may appoint another authority, as
specified in the Contract Data (or any other competent person appointed by the
Employer and notified to the contractor) to make payment certified by the
Engineer. 39.3 Items of the Works for which no rate or price
has been entered in the Bill of Quantities, will not be paid for by the
Employer and shall be deemed covered by other rates and prices in the Contract. 39.4 Payment for the routine maintenance of the roads will be made
40. Compensation Events 40.1 The following shall be Compensation Events
unless they are caused by the Contractor: a)
The
Engineer orders a delay or delays exceeding a total of 30 days. b)
The
effects on the Contractor of any of the Employer's Risks. 40.2 If a Compensation Event would prevent the Works
being completed before the Intended Completion Date, the Intended Completion
Date shall be extended. The Engineer shall decide whether and by how much the
Intended Completion Date shall be extended. 41. Tax 41.1 The rates quoted by the Contractor shall be
deemed to be inclusive of the sales and other levies, duties, royalties, cess,
toll, taxes of Central and State Governments, local bodies and authorities that
the Contractor will have to pay for the performance of this Contract. The
Employer will perform such duties in regard to the deduction of such taxes at
source as per applicable law. 42. Currencies All payments will be made in Indian Rupees. 43. Security Deposit 43.1 The Employer shall retain security deposit of
five percent of the amount from each payment due to the Contractor until 43.2 The security deposit and the performance
security aggregating to 10 percent of the Contract price will be released to
the Contractor when the Defect Liability period is over, and the Engineer has
certified that the Defects, if any, notified by the Engineer to the Contractor
before the end of this period have been corrected; and that the contractor satisfactorily did the
routine maintenance of roads. 43.3 If the contractor so desires then the Security
Deposit can be converted into any interest bearing security of scheduled
commercial bank in the name of the Employer or National Saving Certificates
duly pledged in favour of the Employer for Defect Liability Period. 44. Liquidated Damages 44.1 The
Contractor shall pay liquidated damages to the Employer at the rate per week or
part thereof stated in the Contract Data for the period that the Completion
Date is later than the Intended Completion Date. Liquidated damages at the same
rate shall be withheld if the Contractor fails to achieve the milestones
prescribed in the Contract Data. However, in case the Contractor achieves the
next milestone the amount of the liquidated damages already withheld shall be
restored to the Contractor by adjustment in the next payment certificate. The
total amount of liquidated damages shall not exceed the amount defined in the
Contract Data. The Employer may deduct liquidated damages from payments due to
the Contractor. Payment of liquidated damages shall not affect the Contractor's
other liabilities. 44.2 If the Intended Completion Date is
extended after liquidated damages have been paid, the Engineer shall correct
any overpayment of liquidated damages by the Contractor by adjusting the next
payment certificate. 45. Advance Payment 45.1. The Employer will make the following advance
payment to the Contractor against provision by the Contractor of an Unconditional
Bank Guarantee in a form and by a Commercial bank acceptable to the Employer in
amounts equal to the advance payment: a.
Mobilization
advance up to 5 percent of the contract price excluding the contract price for
routine maintenance b.
Equipment
Advance up to ninety percent of the cost of the new equipment brought to the
site, subjects to a maximum of ten percent of the contract price excluding the
contract price for routine maintenance The guarantee shall remain effective
until the advance payment has been repaid, but the amount of the guarantee
shall be progressively reduced by the amounts repaid by the Contractor.
Interest will not be charged on the advance payment. 45.2 The
Contractor is to use the advance payment only to pay for Equipment, plant and
Mobilization expenses required specifically for execution of the Works. The
Contractor shall demonstrate the advance payment has been used in this way by
supplying copies of invoices or other documents to the Engineer. 45.3 The advance payment shall be repaid by
deducting proportionate amounts from payments otherwise due to the Contractor for the construction
work, following the schedule of completed percentages of the Works on a
payment basis. No account shall be taken of the advance payment or its repayment
in assessing valuations of work done, Variations, price adjustments,
Compensation Events, or Liquidated damages. 46. Securities 46.1 The
Performance Security equal to five percent of the contract price and additional
security for unbalanced bids shall be provided to the Employer no later than
the date specified in the Letter of Acceptance and shall be issued in the form
given in the Contract Data and by a scheduled commercial bank. The Performance
Security and
additional performance security for routine maintenance shall be valid
until a date 45 days from the date of expiry of Defect Liability Period and the
additional security for unbalanced bids shall be valid until a date 45 days
from the date of issue of the certificate of completion. 47. Cost of Repairs 47.1 Loss or damage to the Works or Materials to be
incorporated in the Works between the Start Date and the end of the Defects
Correction periods shall be remedied by the Contractor at his cost if the loss
or damage arises from the Contractor's acts or omissions. 48. Completion 48.1 The Contractor shall request the Engineer to
issue a certificate of Completion of the Works, and the Engineer will do so
upon deciding that the Works is completed. 49. Taking Over 49.1 The Employer shall take over the Site and the
Works within seven days of the Engineer's issuing a certificate of Completion.
The Contractor shall continue to remain responsible for its routine maintenance
during the maintenance period. 50. Final Account 50.1 The Contractor shall supply the Engineer with a
detailed account of the total amount that the Contractor considers payable
under the Contract before the end of the Defects Liability Period. The Engineer
shall issue a Defects Liability Certificate and certify any final payment that
is due to the Contractor within 42 days of receiving the Contractor's account
if it is correct and complete. If it is not, the Engineer shall issue within 42
days a schedule that states the scope of the corrections or additions that are
necessary. If the Final Account is still unsatisfactory after it has been
resubmitted, the Engineer shall decide on the amount payable to the Contractor
and issue a payment certificate within 28 days of receiving the Contractors
revised account. The payment will be made within 14 days thereafter. 51. Operating and Maintenance Manuals 51.1 If "as built" Drawings and/or
operating and maintenance manuals are required, the Contractor shall supply
them by the dates stated in the Contract Data. 51.2 If the Contractor does not supply the Drawings
and/or manuals by the dates stated in the Contract Data, or they do not receive
the Engineer's approval, the Engineer shall withhold the amount stated in the
Contract Data from payments due to the Contractor. 52. Termination 52.1 The Employer may terminate the Contract if the
Contractor causes a fundamental breach of the Contract. 52.2 Fundamental breaches of Contract shall include,
but shall not be limited to, the following: a)
the
Contractor stops work for 28 days when no stoppage of work is shown on the
current Programme and the stoppage has not been authorized by the Engineer; b)
the
Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation; c)
the
Engineer gives Notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Engineer; d)
the
Contractor does not maintain a Security, which is required; e)
the
Contractor has delayed the completion of the Works by the number of days for
which the maximum amount of liquidated damages can be paid, as defined in
clause 44.1; f)
the
Contractor fails to provide insurance cover as required under clause 13; g)
if the
Contractor, in the judgement of the Employer, has engaged in the corrupt or
fraudulent practice in competing for or in executing the Contract. For the
purpose of this clause, corrupt practise means the offering, giving,
receiving, or soliciting of any thing of value to influence the action of a
public official in the procurement process or in Contract execution.
Fraudulent Practice means a misrepresentation of facts in order to influence a procurement process or the
execution of a contract to the detriment of the Employer and includes collusive
practice among Bidders (prior to or after bid submission) designed to establish
bid process at artificial non-competitive levels and to deprive the Employer of
the benefits of free and open competition. h)
if the
Contractor has not completed at least thirty percent of the value of construction Work
required to be completed after half of the completion period has elapsed; i)
if the
Contractor fails to set up a field laboratory with the prescribed equipment,
within the period specified in the Contract Data; and j)
any
other fundamental breaches as specified in the Contract Data. 52.3 Notwithstanding the above, the Employer may
terminate the Contract for convenience. 52.4 If the Contract is terminated, the Contractor
shall stop work immediately, make the Site safe and secure, and leave the Site
as soon as reasonably possible. 53. Payment upon Termination 53.1 If the Contract is terminated because of a
fundamental breach of Contract by the Contractor, the Engineer shall issue a
certificate for the value of the work done and Materials ordered less advance
payments received up to the date of the issue of the certificate and less the
percentage to apply to the value of the work not completed, as indicated in the
Contract Data. Additional Liquidated Damages shall not apply. If the total
amount due to the Employer exceeds any payment due to the Contractor, the
difference shall be recovered from the security deposit, and performance
security. If any amount is still left
un-recovered it will be a debt payable to the Employer. 53.2 If the Contract is terminated at the Employer's
convenience, the Engineer shall issue a certificate for the value of the work
done, the reasonable cost of removal of Equipment, repatriation of the
Contractor's personnel employed solely on the Works, and the Contractor's costs
of protecting and securing the Works and less advance payments received up to
the date of the certificate, less other recoveries due in terms of the
Contract, and less taxes due to be deducted at source as per applicable law. 54. Property 54.1 All
Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be
deemed to be the property of the Employer for use for completing balance construction work
if the Contract is terminated because of the Contractor's default, till the
Works is completed after which it will be transferred to the Contractor and
credit, if any, given for its use. 55. Release from Performance 55.1 If
the Contract is frustrated by the outbreak of war or by any other event
entirely outside the control of the Employer or the Contractor, the Engineer
shall certify that the Contract has been frustrated. The Contractor shall make
the Site safe and stop work as quickly as possible after receiving this
certificate and shall be paid for all work carried out before receiving it and
for any work carried out afterwards to which a commitment was made. 56. Labour 56.1 The Contractor shall, unless
otherwise provided in the Contract, make his own arrangements for the
engagement of all staff and labour, local or other, and for their payment,
housing, feeding and transport. 56.2 The Contractor shall, if required by
the Engineer, deliver to the Engineer a return in detail, in such form and at
such intervals as the Engineer may prescribe, showing the staff and the numbers
of the several classes of labour from time to time employed by the Contractor
on the Site and such other information as the Engineer may require. 57. COMPLIANCE WITH
LABOUR REGULATIONS 57.1 During continuance of the Contract,
the Contractor and his sub Contractors shall abide at all times by all existing
labour enactments and rules made there under, regulations, notifications and
bye laws of the State or Central Government or local authority and any other
labour law (including rules), regulations, bye laws that may be passed or
notification that may be issued under any labour law in future either by the
State or the Central Government or the local authority. Salient features of some of the major labour
laws that are applicable to construction industry are given in Appendix to Part
I General Condition of Contract. The Contractor shall keep the Employer
indemnified in case any action is taken against the Employer by the competent
authority on account of contravention of any of the provisions of any Act or
rules made there under, regulations or notifications including amendments. If
the Employer is caused to pay or reimburse, such amounts as may be necessary to
cause or observe, or for non-observance of the provisions stipulated in the
notifications/bye laws/Acts/Rules/regulations including amendments, if any, on
the part of the Contractor, the Engineer/Employer shall have the right to
deduct any money due to the Contractor including his amount of performance
security. The Employer/Engineer shall
also have right to recover from the Contractor any sum required or estimated to
be required for making good the loss or damage suffered by the Employer. The employees of the Contractor and the
Sub-Contractor in no case shall be treated as the employees of the Employer at
any point of time. 58.1 The contractor shall do
photography/video photography of the site firstly before the start of the work,
secondly mid-way in the execution of different stages of work and lastly after
the completion of the work. No separate payment will be made to the contractor
for this. 58.2 The Contractor shall not disclose
details of Drawings furnished to him and works on which he is engaged without
the prior approval of the Engineer in writing. No photograph of the works or
any part thereof or plant employed thereon, expect those permitted under clause
58.1, shall be taken or permitted by the Contractor to be taken by any of his
employees or any employees of his sub-Contractors without the prior approval of
the Engineer in writing. No photographs/ Video photography shall be published
or otherwise circulated without the approval of the Engineer in writing. 59. The Apprentices Act 1961 59.1 The Contractor shall duly comply with the
provisions of the Apprentices Act 1961 (III of 1961), the rules made there under
and the orders that may be issued from time to time under the said Act and the
said Rules and on his failure or neglect to do so he shall be subject to all
liabilities and penalties provided by the said Act and said Rules. Except where otherwise indicated, the Employer
prior to issuance of the bidding documents should fill in all Contract Data.
Schedules and reports to be provided by the Employer should be annexed. Clause Reference Items marked N/A do not apply in this Contract. 1. The Employer is [Cl.1.1] Designation: Address: Name of authorized Representative 2. The Engineer is Designation: Address: [Cl.1.1] 3. The Intended Completion Date for the whole of the Works is
_______ [Cl.1.1, 17&27] months after start of work. 4. Routine Maintenance during five years after the completion
date is
defined as follows: Maintenance operations during the period of 5 years
shall be based on Chapter 11 of Rural Roads Manual (IRC:SP:20:2002). Its
specific provisions are :- (i) Clause 11.2, ibid, explains the various
types of distress/defects of pavements.
For example, cracks, ravelling, rutting, pot holes etc. (ii) Clause 11.3, ibid, defines different
maintenance activities. For example,
fog seal, bituminous surface treatment, etc. (iii) Clause 11.4, ibid, suggests planning of
maintenance routine. (iv) Clause 11.5 and Clause 11.6 (a), ibid, define preventive and
corrective maintenance, and classify activities of routine maintenance and
repairs. (v) Clause 11.7, ibid, discusses in details
the assessment of defects and maintenance measures for sealed roads, roads with
rigid / RCCP and Roads with special pavement. (Note: A periodical renewal is not part of routine maintenance). (vi) Appendix 11.1 ibid
lays down the periodicity of routine maintenance, is modified as follows:
. Periodicity of Routine Maintenance Activities Sl. No. Name of Item Frequency of
operations in the year 1 Clearing of road side
gutters Twice 2 Pothole filling (WBM
& BT) As and when required 3 Filling up edges of
asphalt surface of (i) Single lane (a) T.I. 0-1000 Twice (b) T.I. 1000-5000 Four
times (ii) One and Half lane T.I.
0-1000 Once T.I.
1000-5000 Twice T.I.
Over 5000 Four times (iii) Two lane T.I.
1000-5000 Once T.I. over 5000 Twice 4 Dressing of berms Once 5 White washing guard
stones Twice 6 Fixing disturbed
caution board / Village Once Name board / Speed limit board, etc. Once 7 Refixing displaced
guard stones Once 8 White washing and Geroo painting of trunks of trees Once 9 Cutting of branches
of trees, etc Once 10 Topping of W.B.M.
blindage operation Including picking of loose metal 18 Times Maintenance of catch
water drains Once Clearance of C.D.
works Twice Clearing of wild
seasonal growth on berms Once White washing
parapets of C.D. Works Once Earth work in berms,
de-silting
of drains etc. As per requirement Note: T.I. stands for
Traffic Intensity in tonnes per day. (vii) Appendix 11.3, ibid, covers the special
problems of Road Maintenance in Heavy Rainfall / Snow fall areas. (viii) Appendix 11.4, ibid, explains the nature of
duties in maintenance of shoulders, drainage structures and causeways. 5 proceed with the work. (b) The Works
consist of ________________________________________ [Cl.1.1] _________________________________________________________ _____________.
The works shall, inter-alia, include the following, as specified or as directed. (A) Road Works Site clearance; setting-out
and layout; widening of existing carriageway and strengthening including camber
corrections; construction of new road bituminous pavements
remodeling/construction of junctions, intersections, supplying and placing of
drainage channels, flumes, guard posts and other related items;
construction/extension of cross drainage works, bridge, approaches and other
related items; road markings, road signs and kilometer/hectometer stones;
protective works for roads/bridges; all aspects of quality assurance of various
components of the works; rectification of the Defects in the completed works
during the Defects Liability Period; submission of As-built drawings and any
other related documents; and other item of work as may be required to be
carried out for completing the works in accordance with the Drawings and
provisions of the contract to ensure safety
and planting of trees along the roads. Clause Reference (B) C.D. Works including bridges Site clearance; setting out,
provision of foundations, piers abutments and bearings; pre-stressed/reinforced
cement concrete superstructure; wearing coat, hand railings, expansion joints,
approach slabs, drainage spouts/down-take pipes, provision of suitably designed
protective works; providing wing/return walls; provision of road markings, road
signs etc.; all aspects of quality assurance; clearing the Site and handing
over the works on completion; rectification of the Defects during the Defects
Liability Period and submission of As-built drawings and other related
documents; and other items of work as may be required to be carried out for
completing the works in accordance with the Drawings and the provisions of the
contract and to ensure safety. (C) Maintenance and Other Items As required to fulfill all
the contractual obligations as per the Bid documents. __________________________________________________ (b) The language
of the Contract documents is _____________. [Cl.3.1] 1 1 [Cl. 9.1] Technical Personnel Number Experience in Road Works i) ii) Technical Personnel Number B. For
routine maintenance Technical Personnel Number Experience
in Road Works A. Degree Holder in
Civil Engineering B. Diploma Holder in Civil Engineering 1 ______________ ______________ ______________ 13(b) Amount and deductible for insurance are: [Cl. 13.3 (a) _________________ _________________ _________________ 1 1 Superintending
Engineer _________with powers up to _________ Chief Engineer ______________with powers up to ____________ 1 shall be _____ days from the issue of Letter of
Acceptance. (b) The updated programme shall be submitted at interval
of ______ days. [Cl. 26.3] (c) The amount to
be withheld for late submission of an updated [Cl.
26.3] programme shall be Rs. __________ lakhs. 1 1 1 (1) 1/8th of the entire contract work up to
1/4th of the period
allowed for completion of construction (2) 3/8th of the entire contract work up to ½
of the period
allowed for completion of construction (3) 3/4th of the entire contract work up to
Ύth of the period
allowed for completion of construction (b) Amount of
liquidated damages for For
Whole of work delay in
completion of works 1 percent of the
Initial Contract
Price, rounded off
to the nearest thousand,
per week. (c) Maximum limit
of liquidated damages for 10
per cent of the Initial delay in completion of work. Contract Price rounded off
to the nearest thousand.
[Cl.44.1] Shall be an unconditional Bank Guarantee of the
type as presented in the Bidding Documents. [Cl.
46.1] 2 (b) The date by which as-built drawings (in scale as
directed) in 2 sets are [Cl.51.1] required is within 28 days of issue of certificate of
completion of whole or section of the work, as the case may be. 2 by the date required is Rs. _________ Lakhs. 23 (a)
The period for setting up a field laboratory with the prescribed equipment is _______days from the days from the date of notice to
start work [Cl.52.2 (i)] (b) The following events shall also be fundamental breach
of contract : [Cl.52.2 (j.)] The Contractor has contravened Clause 7.1 and Clause 9
of Part I General Conditions of Contract 2 representing the Employers additional cost for
completing the Works shall be ___ percent. [Cl.53.1] Appendix to Part I General
Condition of Contract SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO ESTABLISHMENTS
ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK. a) Workmen Compensation Act 1923: - The
Act provides for compensation in case of injury by accident arising out of and
during the course of employment. b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee
under the Act on satisfaction of certain conditions on separation if an
employee has completed the prescribed minimum years (say, five years) of
service or more or on death the rate of prescribed minimum days(say, 15 days)
wages for every completed year of service. The Act is applicable to all
establishments employing the prescribed minimum number (say, 10) or more
employees. c) Employees P.F. and Miscellaneous Provision Act 1952: The Act
Provides for monthly contributions by the Employer plus workers at the rate
prescribed (say, 10% or 8.33%). The
benefits payable under the Act are: i.
Pension
or family pension on retirement or death as the case may be. ii.
Deposit
linked insurance on the death in harness of the worker. iii.
Payment
of P.F. accumulation on retirement/death etc. d) Maternity Benefit Act 1951: - The Act provides for leave and some
other benefits to women employees in case of confinement or miscarriage etc. e) Contract Labour (Regulation & Abolition) Act 1970: - The Act
provides for certain welfare measures to be provided by the Contractor to
contract labour and in case the Contractor fails to provide, the same are
required to be provided, by the Principal Employer by Law. The principal
Employer is required to take Certificate of Registration and the Contractor is
required to take license from the designated Officer. The Act is applicable to
the establishments or Contractor of Principal Employer if they employ
prescribed minimum (say 20) or more
contract labour. f) Minimum Wages Act 1948: - The Employer is to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act if
the employment is a scheduled employment.
Construction of buildings, roads, runways are scheduled employment. g) Payment of Wages Act 1936: - It lays down as to by what date the
wages are to be paid, when it will be paid and what deductions can be made from
the wages of the workers. h) Equal Remuneration Act 1979: - The Act provides for payment of
equal wages for work of equal nature to male and female workers and for not
making discrimination against female employees in the matters of transfers,
training and promotions etc. i) Payment of Bonus Act 1965: - The Act is applicable to all
establishments employing prescribed minimum (say, 20) or more workmen. The Act
provides for payments of annual bonus within the prescribed range of percentage
of wages to employees drawing up to the prescribed amount of wages, calculated
in the prescribed manner. The Act does not apply to certain establishments. The
newly set-up establishments are exempted for five years in certain circumstances.
States may have different number of employment size. j) Industrial Disputes Act 1947: - The Act lays down the machinery and
procedure for resolution of industrial disputes, in what situations a strike or
lock-out becomes illegal and what are the requirements for laying off or
retrenching the employees or closing down the establishment. k) Industrial Employment (Standing Orders) Act 1946: - It is
applicable to all establishments employing prescribed minimum (say, 100, or
50). The Act provides for laying down rules governing the conditions of
employment by the Employer on matters provided in the Act and get these
certified by the designated Authority. l) Trade Unions Act 1926: - The Act lays down the procedure for
registration of trade unions of workmen and Employers. The Trade Unions
registered under the Act have been given certain immunities from civil and
criminal liabilities. m) Child
Labour (Prohibition & Regulation) Act 1986: - The Act prohibits
employment of children below 14 years of age in certain occupations and
processes and provides for regulations of employment of children in all other
occupations and processes. Employment of child labour is prohibited in building
and construction industry. n) Inter-State Migrant Workmens (Regulation of Employment &
Conditions of Service) Act 1979: - The Act is applicable to an
establishment which employs prescribed minimum (say, five) or more inter-state
migrant workmen through an intermediary (who has recruited workmen in one state
for employment in the establishment situated in another state). The Inter-State
migrant workmen, in an establishment to which this Act becomes applicable, are
required to be provided certain facilities such as Housing, Medical-Aid,
Travelling expenses from home up to the establishment and back etc. o) The Building and Other Construction workers (Regulation of Employment
and Conditions of Service) Act 1996 and the Cess Act of 1996: - All the establishments who carry on any
building or other construction work and employs the prescribed minimum (say,
10) or more workers are covered under this Act. All such establishments are
required to pay cess at the rate not exceeding 2% of the cost of construction
as may be modified by the Government.
The Employer of the establishment is required to provide safety measures
at the building or construction work and other welfare measures, such as
canteens, first-aid facilities, ambulance, housing accommodations for workers
near the work place etc. The Employer
to whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by the Government. p) Factories
Act 1948: - The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working
hours, annual earned leave and rendering information regarding accidents or
dangerous occurrences to designated authorities. It is applicable to premises employing the prescribed minimum
(say, 10) persons or more with aid of power or another prescribed minimum (say,
20) or more persons without the aid of power engaged in manufacturing process. Section 4. These conditions vary and add to the Conditions
of Contract set out in Part I General Special Conditions Section 5 Note: The following
are the guidelines for framing the specifications and, therefore, will not be
part of the contract. These should be excluded from the bidding document. A. The design and specifications
prescribed are those for all-weather rural roads, including cross drainage
work, and surface and sub-surface drainage system of Rural Roads Manual a
publication of Indian Roads Congress (IRC:SP:20:2002), as amended till the date
of issue of the notice inviting Tender.
Road Materials for use on Rural Roads shall also conform to the
specifications given in Chapter 4 Road Materials (Clause 4.1 to 4.15 with
appendix) of the Rural Roads Manual. B.
For items not covered in the Rural Roads Manual, the Ministry of Road
Transport & Highways (MORTH) Specifications for Road and Bridge Works (4th
revision) shall be followed. C.
For items only partly or briefly covered in Rural Roads Manual, the
MORTH Specifications for Road and Bridge Works (4th revision) shall be used as
supplement to the specifications given in Rural Roads Manual. D. Particular specifications :- For items whose
specifications given in Rural Roads Manual or in MORTH specifications for road
and bridge works need changes partly or wholly due to local conditions, the
respective clauses are to be suitably modified to the extent felt necessary
giving clause wise description of modifications under this head. i) Rural Roads Manual Clauses
ii) MORTH specification for Road
& Bridge work (4th Addition) Clauses
E. For purposes of
design, specification and quality control the Rural Roads Manual, MORTH
specifications for Road and Bridge works including particular specifications
shall form part of the Agreement. F. For items not covered
in Rural Roads Manual or MORTH specifications for Road and Bridge works either
BIS specification, or District specification or sound engineering practice, as
determined by the Engineer, in that order should be followed. Note: The design,
drawings, standards and guidelines of the Rural Roads Manual (IRC: SP: 20-2002)
are to be followed for all-weather rural roads. The guidelines will
not be part of the contract. These should be excluded from the bidding
document. List of Drawings :- 1. Key
Map 2. Road Alignment including (Chapter 1 of Rural Roads Manual Clause cross sections 1.1 to 1.11 with appendix and Chapter 2 of Rural Roads Manual Clause 2.1 to 2.16). 3. Pavement Drawings (Pavement design criteria under chapter 5 of Rural Roads Manual
Clause 5.1 to 5.8) 4. Surface and sub surface drains (Chapter 6 of Rural Roads Manual with full details Clause
6.1 to 6.6) 5. Culverts and minor Bridges (Chapter 7 of Rural Roads Manual Clause 7.1 to 7.10 with appendix) 6.
Drawings
for any other Road structure. 7.
Drawings to
be followed for actual execution of work should bear the stamp Good for
construction. 8.
Any
revision of working drawings should be indicated by pre-fixing R1, R2
.. etc.
after original reference number.
Reasons for each revision should be clearly noted in the drawing. 9.
Complete
set of drawings should be issued along with other tender documents so as to
form part of the agreement. Notes on Form of Bid The Bidder shall fill in and submit
this Bid form with the Bid. ______________
[Date] To [name
of Employer] _______________________________________________________________ Address [insert address] ____________________________________________________________
_________________________________________________________________________________
Description of the Works____________________________________________________________
Identification Number of the Works_____________________________________________________________________________
1. I/ We offer to execute the works described
above and remedy any defects therein, and carry out the routine maintenance in
conformity with the Conditions of Contract, specifications, drawings, Bill of
Quantities and Addenda for a) item Rate Contract (Total Bid Price) Rs. _________________(in
figures) Rupees. _______________________________(in words) OR b) for Percentage Rate contract, Percentage Below/ Percentage
Above/ at par with the rates entered in the schedule of rates, as referred to
in Clause 13 of ITB and the per kilometre routine maintenance charge per year. 2. We undertake to commence the works on
receiving the Notice to Proceed with work in accordance with the contract
documents. 3. This Bid and your written acceptance of it
shall constitute a binding Contract between us. We understand that you are not
bound to accept the lowest or any Bid you receive. We hereby confirm that this Bid complies with
the Bid validity and Earnest money required by the bidding documents and
specified in the Authorized Signature:
________________________________ Name and Title of
Signatory: _________________________ Name of Bidder:
__________________________________ Address:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Preamble 1. The Bill of Quantities shall be read in conjunction with the
Instructions to Bidders, Conditions of Contract, Specifications and Drawings. 2.1 For the construction of works, t (a)
at the
rates and prices tendered in the Bill of Quantities in the case of item rate
tenders; and (b)
at
percentage rate above or below or at par of the Schedule of Rates as tendered
by the contractor. 2.2 For the routine maintenance of roads, there is lump
sum provision for each year of maintenance. The payments will be based on
satisfactory performance of routine maintenance activities. 3. The rates and prices tendered in
the priced Bill of Quantities shall, except in so far as it is otherwise
provided under the Contract, include all constructional plant, labour,
supervision, materials, erection, maintenance, insurance, profit, taxes and
duties, together with all general risks, liabilities and obligations set out in
the Contract. 4. Arithmetic errors will be
corrected by the Employer pursuant to Clause 26 of the Instructions to Bidders.
5. When percentage rate tenders are
invited, the Bill of Quantities will show in the bidding documents the rates
used for different items. Sl. No. Description
of item (with brief specification and reference to book of specification) Quantity Unit Rate Amount In figures In words Routine Maintenance after completion of
construction works For 1st
year For 2nd
year For 3rd Year For 4th
Year For 5th
Year Lump-sum Amount for each year Per Km. (Amounts only) ___________ _______ _________ Total Bid Price (in figures)
------------------------------------------------------- (in words)
------------------------------------------------------- Signature__________ Notes: (1) The item for which no rate or price has
been entered in will not be paid for by the Employer when executed and shall be
deemed to be covered by the other rates and prices in the Bill of Quantities
(Refer: ITB Clause 13.2 and Part I General Condition of Contract 39.3). (2) Unit rates and prices shall be quoted by
the bidder in Indian rupees [ITB Clause 14.1]. (3) Where there is a discrepancy between the
rate in figures and words, the rates in words will govern. [ITB Clause 26.1(a)] (4) Where there is a discrepancy between the
unit rate and the line item total resulting from multiplying the unit rate by
quantity, the unit rate quoted shall govern [ITB Clause 26.1 (b)]. S.l No. SOR No. Description
of item (with brief specification and reference to book of specification) Quantity Unit Rate Amount Routine Maintenance after completion of
construction works (Lump-sum Amount for each year) Per Km. *For 1st
year For 2nd
year For 3rd
Year For 4th
Year For 5th Year ________ ________ ________ *Employer
to fill in
the amount for maintenance in amount column only Signature Notes: 1.
The Schedule of rate is
. 2.
Wherever there is any discrepancy between the rate entered in the Bill of Quantities
and the Schedule of Rates as per Note 1. above, the rate of Schedule of Rates
will apply. (a) Letter of Acceptance Notes on Standard Form of Letter of Acceptance The Letter of Acceptance will be
the basis for formation of the Contract as described in Clauses 31 and 32 of
the Instructions to Bidders. This Standard Form of Letter of Acceptance
should be filled in and sent to the successful Bidder only after evaluation
of bids has been completed and approval of the competent authority has been
obtained. [Letterhead paper of the Employer] [Date] To: [Name of the Contractor] This is to notify you that the
Employer, namely, __________________________________________ has accepted your Bid dated _______________________________for execution of the
________________________________________ [name
of the Contract and identification number, as given in the Contract Data] and routine maintenance of the works for
five years for the Contract Price of Rupees ___________________________________________________________________ ______________ [amount in figures and words] as corrected and modified* in accordance with the Instructions to
Bidders is hereby accepted by our Agency. You
are hereby requested to furnish Performance Security, (and additional security
for unbalanced bids in terms of ITB Clause 27.3 and clause 27.4,) [where applicable} in the form detailed in Cl. 32 of ITB for an amount
of Rs. within 10 days of the receipt of this letter of acceptance valid up
to 45 days from the date of expiry of Defects Liability Period i.e. up to
............ and sign the contract, failing which action as stated in Cl. 32.3
of ITB will be taken. Yours faithfully, Authorized Signature: ___________________________________ Name and Title of Signatory: ____________________________ Name of Agency: ________________________________________ Attachment: * Delete corrected and or and modified
if only one of these action applies. Delete as corrected and modified in
accordance with the Instruction to Bidders if corrections or modifications
have not been effected. (Letter head of the Employer)
(Date) To (Name and address of
the Contractor) Dear Sirs: Pursuant
to your furnishing the requisite performance security as stipulated in ITB
Clause 32.1 and signing of the contract for the construction of
, you are hereby instructed to proceed with the execution of the
said works in accordance with the contract documents.
Yours faithfully, (Signature, name and title of
signatory, authorized to sign on behalf
of Employer) (c) Standard
Form of Agreement
border:none;mso-border-alt:solid windowtext .75pt;padding:0in;mso-padding-alt:
1.0pt 4.0pt 1.0pt 4.0pt'>Notes
on Standard Form of Agreement The Agreement should incorporate any
corrections or modifications to the Bid resulting from corrections of errors
(Instructions to Bidders, Clause 26). Agreement This
agreement, made the ___________________day of ______________20_______,
between___________________________________________________________________________________________________________________________
[name and address of Employer] (hereinafter
called the Employer) of the one part, and
_____________________________________________
________________________________________________________________________________________________________________________________________________[name
and address of Contractor] (hereinafter called the Contractor of the other
part). Whereas
the Employer is desirous that the Contractor execute
_____________________________ ________________________________________________________________________________________________________________________________________________________________________________[name
and identification number of Contract] (hereinafter called the Works) and the
Employer has accepted the Bid by the Contractor for the execution and
completion of such Works and the remedying of any defects therein at a cost of
Rupees............................... NOW
THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expressions
shall have the same meanings as are respectively assigned to them in the
Conditions of Contract hereinafter referred to, and they shall be deemed to
form and be read and construed as part of this Agreement. 2. In consideration of the payments to be
made by the Employer to the Contractor as hereinafter mentioned, the Contractor
hereby covenants with the Employer to execute and complete the Works and remedy
any defects therein in conformity in all aspects with the provisions of the
Contract. 3. The Employer hereby covenants to pay the
Contractor in consideration of the execution and completion of the Works and
the remedying the defects wherein the Contract Price or such other sum as may
become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract. 4. The following documents shall be deemed
to form and be read and construed as part of this Agreement, viz: i) Letter
of Acceptance; ii) Notice
to proceed with the works; iii) Contractors
Bid; iv) Contract
Data; v) Special
Conditions of contract and General Conditions of Contract; vi) Specifications; vii) Drawings; viii) Bill
of Quantities; and ix) Any
other document listed in the Contract Data as forming part of the contract. In
witness whereof the parties thereto have caused this Agreement to be executed
the day and year first before written. The
Common Seal of ___________________________________________________________ was
hereunto affixed in the presence of: Signed,
Sealed and Delivered by the said
___________________________________________________ _____________________________________________________________________________________ in
the presence of: Binding
Signature of Employer _______________________________________________________ Binding
Signature of Contractor _____________________________________________________for this work of
technical personnel as stated in the Appendix to ITB.
l; only the same option is allowed to
all the Bidders. 32 of ITB. of General Conditions of Contract and
sign the contract. .
Bidding
DataAppendix
to ITB
.
.
.
.
Qualification Information
1.1
[attach copy]
32(e) of the
Instructions to Bidders and Clause 9.1 of Part-1 General Conditions of
Contract.
Conditions of Contract
Part I General Conditions of Contract
Part I General
Conditions of Contract
, as
defined in the Contract Data.
34 Alterations
to the terms of insurance shall not be made without the approval of the
Engineer. 4 Both
parties shall comply with any conditions of the insurance policies. B. Time Control
C. Quality Control
32. Correction
of Defects noticed during the Defect Liability Period.32.1.It is the terms of
contract that the roads constructed shall be of very high standard, requiring
no major repairs for at least five (5) years after the date of completion of
works.32.2 If any
defects including shrinkage, cracks, other faults appear in the work within
five years of a certificate final or otherwise of its completion, the Engineer
shall give notice to the Contractor of any defects before the end of the Defects
Liability Period, which begins at Completion, and is for five years. The
Defects Liability shall be extended for as long as defects remain to be
corrected.32.3Every time notice of a
defect is given, the Contractor shall correct the notified defect at his own
cost within the length of time specified by the Engineers notice. If the
contractor is in default the Engineer shall cause the same to be made good by
other workmen and deduct the expense from any sums that may be due to the
contractor. D. Cost Control
34. Bill of
Quantities
and
maintaining works,
and lump sum figures for yearly routine maintenance for each of the
five years separately, to be done by the Contractor.T(1a) The Contractor shall submit to the Engineer
fortnightly/ monthly statements of the value of the work executed less the
cumulative amount certified previously supported with detailed measurement of
the items of work executed. 38.2 (b) The Engineer shall check the Contractor's fortnightly/monthly
statement within 14 days and certify the amount to be paid to the Contractor. 38.3(c) The value of work executed shall be
determined, based on measurements by the Engineer. 38.4(d) The value of work executed shall
comprise the value of the quantities of the items in the Bill of Quantities
completed. 38.5(e) The value of work executed shall
also include the valuation of Variations and Compensation Events. 38.6(f) The Engineer may exclude any item certified in
a previous certificate or reduce the proportion of any item previously
certified in any certificate in the light of later information. 38.7(g) The final bill shall be submitted
by the contractor within one month of the actual date of completion of the
work; otherwise the Engineers certificate of the measurement and of the total
amount payable for work accordingly shall be final and payment made accordingly
within a period of sixty days as far as possible.half-yearly for the routine
maintenance of the roads from the date
the maintenance period starts i.e. from completion date as defind
in Clause 1.1, it will be supported
with a copy of the record of contractors monthly inspection and other
instructions received from the Engineer.every
quarterhalf-yearly
for the satisfactory maintenance of the Works, certified by the Engineer and
based on the monthly bills submitted by the Contractor as per Clause 38.2 above.Ccompletion of the
whole of the Works. No
security deposit shall be retained from the payments for routine maintenance of works.E. Finishing the Contract
F. Other Conditions of Contract
58. Drawings and Photographs of the Works
Contract Data to General Conditions
of Contract
excavating borrow pit
4. The Site is located at km
to
Km.
. [Cl.1.1]56. The Start Date shall be ______ days
after the date of issue of the Notice to [Cl.1.1]67. (a)
The name and identification number of the Contract is : [Cl.1.1]78. Section completion is
[Cl 2.2]89. The following documents also form part
of the Contract : [Cl.2.3(11)]910. (a)
The law which applies to the Contract is the law of Union of India. [Cl.3.1]01. The Schedule of Other Contractors is
attached. [Cl. 8.1].2 A. The Technical Personnel for construction work are:
A.
Degree Holder in Civil EngineeringB.
Diploma Holder in Civil Engineering
B. For field testing laboratory ;
23(a) Amount and deductible for insurance are: [Cl. 13.1]34. Site investigation report [Cl.14.1]4.5 (a)
Competent authorities are:: [Cl.
24.1]56. (a)
The period for submission of the programme for approval of Engineer [Cl.26.1]67. The
percentage of Variation of items of work for which there shall be no increase
in rates shall be ________ [Cl
36.1]78. The
authorized person to make payments is _________________ [ Cl.39.2]89. (a)
Milestones to be achieved during the contract period 1920. The standard form of Performance
Security acceptable to the Employer01. (a) The Schedule of Operating and
Maintenance Manuals_________. [Cl.51.1]12. The amount to be withheld for failing to
supply as-built drawings [Cl.51.2]34. The percentage to apply to the value of
the work not completed
Conditions of Contract
Part II Special Conditions of
Contract
SpecificationsSection
5 (Contd)
Drawings
Form of Bid
Bidding DataAppendix to ITB.
Bill of Quantities
The
quantities given in the Bill of Quantities are estimated, and are given to
provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out, as measured by the Contractor and
verified by the Engineer and valued Bill
of Quantities for item rate bids
Bill
of Quantities for Percentage rate bids
Letter of Acceptance and Other Forms
Standard Forms
(b) Issue of Notice to proceed with the
work
Standard
Form: Agreement
(d) Form of unconditional Bank
guarantee from Contractors for ________________ [To be specified by State]