Resurfacing to Approach Road of Harpal Sagar (Brahmani 1) Irrigation Scheme.(Third Try).

9,2_P}e-bid-s€€+ing

,.,Li^L ,.,ill l-1,^ ^l--^ ^l +L n}|.l-^-- ,,^-,,^ li'-^ ^^.1 .l-l^ -- i-li-^+^..1 i- lL^

the Empleyer net later than 03 days befere the meeting,

n €etin€;

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 ofthe bidding documents. The Employer

will assume no responsibility for the same.

10.3 To give prospective bidders reasonable time in which to take an addendum into

account in preparing their bids, the Employer may, at his discretion, extend as

necessary the deadline for submission ofbids, in accordance with Sub-Clause

C. PREPARATIONOFBIDS

11. Language ofthe Bid

11.1 All documents relating to the bid shall be in the English language.

12. Documents Comprising the Bid

12.1. The bid be submitted by the bidder as Volume V of the bid document (refer Clause

8.1) shall be in two separate parts:

PafLI shall be named "Technical Bid" and shall comprise

(D Bid Security in the form specified in Section

Certificates, undertakings, affidavits as specified in Section

(vJ Undertaking that the bid shall remain valid for the period specified in Clause

Part II shall be named "Financial Bid" and shall comprise

(il Form of Bid as specified in Section

(ii) Priced Bill ofQuantities for items specified in Section

72.2. The Bidder shall submit the details / information pertaining to each part i.e.

technical as wellas financial and must be submitted online only.

12.3. Following documents will be deemed to be part of the bid.

Section Pa rti cu la rs Volume No.

Invitation for Bids (lFB)

1 lnstruction to Bidders Volume I

3 Conditions of Contract

4 Contract Data

5 Specifications Volume ll

9 Drawings Volume IV

13. Bid Prices

13.1 The Contract shall be for the whole works as described in Sub-Clause 1.1, based on

the priced Bill of Quantities submitted by the Bidder.

73.2 The bidder shall fill in rates and prices and line item total (both in figures and words)

for all items of the Works described in the Bill of Quantities along with total bid price

(Both in figures and wordsl. Items for which no rate or price is entered by the bidder

will not be paid for by the Bill of Quantities.

13.3 All duties, taxes, and other levies including GST 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. (GST will be paid extra)

73.4 Deleted

13.5 The rates and prices quoted by the bidder are subject to adjustment during the

performance of the Contract in accordance with the provisions of Clause 47 of the

Condition of Contract (Irrespective of the time Iimit and Bid Amount)

14, Currencies of Bid and Payment

74.1 The unit rates and the prices quoted by the bidder shall be entirely in Indian Rupees.

All payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for a period ofnot less than 120 days after the deadline date

forbid submission specified in Clause

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 period.

A bidder may refuse the request without forfeiting his bid security. 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 security for a period of the extension, and in

compliance with Clause 16 in all respects.

#16. Bid Security

16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in

column 4 of the table of IFB for this particular work. This Bid security shall be in

favor of Employer as named in Appendix and may be in one of the following forms;

a. Bank Guarantee from any scheduled lndian bank, in the format given in

Volume III. (Bank cuarantee is applicable only for Bid Estimated Amount of

Crore and above) and Bank Guarantee of Schedule and Private Banks shall be

considered as per GoG Finance Department's Circular No. FD/MSM/e-

file/2024/2859 /D.M.O. Dt. 0L /05/2025 or as per their latest amendment.

I) Fixed Deposit Receipt issued by any Scheduled lndian Bank or a foreign Bank

approved by the Reserve Bank of India.

# A Valid Bid Security / EMD Exemption Certificate issued by (1) Road & Building

Department or (2) Narmada Water Resources, Water Supply and Kalpsar

Department of Govt of Guiarat. Exemption Certificate is applicable only when

Registration Certilicate of Appropriate Class and Category of Approved

Contractors is required as eligible criteria of bidder.

t6.2. Bank guarantees (and other instruments having fixed validity) issued as surety for

the bid shall be valid for 45 days beyond the validity of the bid i.e. total validity of

76.3. Any bid not accompanied by an acceptable Bid Security and not secured as

indicated in Sub-Clauses 16.1 and 16.2 above shall be reiected by the Employer as

non-responsive.

t6.4. The Bid Security of unsuccessful bidders will be returned within 28 days ofthe end

ofthe bid validity period specified in Sub-Clause

16.5 The Bid Security of the successful bidder will be discharged when the bidder has

signed the Agreement and furnished the required Performance Security.

16.6. The bid Security may be forfeited

[a) If the Bidder withdraws the bid after Bid opening during the period of Bid

(bl Ifthe Bidder does not accept the correction ofthe Bid Price, if any or

(c) In the case of a successful Bidders, if the Bidder fails the specified time limit to

ti) Sign the Agreement; or

(ii) Furnish the requirement Performance Security.

(dl #lf found necessary, the bidder will be intimated for negotiation, He will be

intimated maximum three times within the validity period for negotiation, If

contractor does not respond in time, his Bid Security (EMDJ will be forfeited and his

tender will be rejected. Punitive action will be taken on such contractors. (As per GoG

R&B Dept's Gr. No.S/22/2017 /639 /D, Dt.08/06/2018')

17 . Alternative Proposals by Bidders,

1.7.1. Bidders shall submit offers that fully comply with the requirements of the bidding

documents, including the conditions of contract (including mobilization advance or

time for completion), basic technical design as indicated in the drawing and

specifications. Conditional offers or alternative offers will not be considered further

in the process oftender evaluation.

la. Format and Signing of Bid

18.1. The Bidder shall prepare documents comprising the bid as described in Clause 12 of

these Instructions to bidder as the "Technical Bid "and "Financial Bid" in separate

parts to be uploaded.

D. SUBMISSION OF BIDS

19. Deleted

ZO. Deadline for Submission of the Bids

20.1. Complete Bids must be received online by the Employer at the tender website

specified above not later than the date indicated in appendix.

20.2. The Employer may extend the deadline for submission of bids by issuing an

amendment in accordance with Clause 10, in which case all right and obligation of

the Employer and the bidders previously subject to the original deadline will then be

subiect to the new deadline.

21. Deleted

22. Modification and Withdrawal of Bids

22.7. Bidders may modiff or withdraw their bids online before the deadline prescribed in

Clause 20 or pursuant to Clause

22.2 Deleted

22.3. No bid shall be modified or withdrawn afterthe deadl;ne forsubmission of Bid.

22.4 Withdrawal or modification of a bid between the deadline for submission of bids

and the expiration of the original period of bid validity specified in Clause

above or as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid

security pursuant to Clause 1

E. BID OPENING AND EVALUATION

23. Bid Opening

23.1 The Employer will open all the Bids received including modifications made pursuant

to Clause 22, in the presence of the Bidders or their representatives who choose to

attend at time, date and the place specified in Appendix in the manner specified in

Clauses 20 and 23.3, ln the event of the specified date of Bid opening being declared

a holiday for the Employer, the Bids will be opened at the appointed time and

location on the next working day.

23.2. Deleted.

23.3. The "Technical Bid" shall be opened. The amount, form and validity of the bid

security furnished with each bid will be announced. lfthe bid security furnished does

not conform to the amount and validity period as specified in the invitation for bid

(ref. Column 4 and paragraph 31, and has not been furnished in the form specified in

Clause 16, the technical bid will not be opened.

23.4. (i) Subject to confirmation of the bid security by the issuing Bank, the bids

accompanied with valid bid security will be taken up for evaluation with

respect to the Qualification information and other information furnished in

part I ofthe bid pursuant to Clause 12.1.

(ii) If required, the bidder will be asked in writing to clariry his Qualification

Documents with respect to any required clarification.

iiiil The bidders will respond in not more than 7 days of issue ofthe clarification

(iv) Immediately (usually within 3 or 4 days), on receipt ofthese clarification the

Evaluation Committee will finalize the list of responsive bidders whose

financial bids are eligible for consideration.

23.5. Deleted

23.6 At the time of opening of "Financial Bid", the names of the bidders were found

responsive in accordance with Clause 23.4(iv) will be announced. The bids of only

these bidders will be opened. The responsive Bidders'names, the Bid prices, the

total amount of each bid, any discount and such other details as the Employer may

total amount of each bid, any discount and such other details as the Employer may

consider appropriate, will be announced by the Employer at the opening.

23.7 the time of opening of "Financial Bid", the names of the bidders were found

responsive in accordance with Clause 23.4(iv) will be announced. The bids of only

these bidders will be opened. The responsive Bidders' names, the Bid prices, the

total amount of each bid, any discount, and such other details as the Employer may

total amount of each bid, any discount, and such other details as the Employer may

consider appropriate, will be announced by the Employer at the opening.

zi.6 In case bids are invited for more than one package, the order for opening of the

"Financial Bid" shall be in order of Estimated amount of Bids from highest to lowest.

23.9 The Employer shall prepare minutes of the Bid opening, including the information

disclosed to those present in accordance with Sub-Clause 23.6.

24.1 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 effort by Bidder to

influence the Employer's processing of Bids or award decisions may result in the

rejection ofhis Bid.

25. ClarificationofFinancialBids

25.t. To assist in the examination, evaluation, and comparison of Bids, the Employer may,

at his discretion, ask any Bidder for clarification ofhis Bid, including breakdowns of

unit rates. The request for clarification and the response shall be in writing or by e-

mail, but no change in the price or substances of the Bid shall be sought, offered, or

permitted except as required to confirm the correction of arithmetic errors

discovered by the Employer in the evaluation ofthe Bids,

25.2 Subiect to sub-clause 25.1, no Bidder shall contact the Employer on any matter

relating to his Bid opening to the contract is awarded. If the Bidder wishes to bring

additional information to the notice of the Employer, it should do so in writing.

25.3. Any effort by the Bidder to influence the Employer in the Employer's bid evaluation,

bid comparison or contract award decision may result in the rejection of the Bidders'

26. Examinations ofBids and Determination of Responsiveness

26.7 During the detail evaluation of"Technical Bid", the Employer will determine whether

each Bid (aJ meets the eligibility criteria defined in Clause 3 and 4; [b) has been

properly signed; (c) is accompanied by the required securities and; (dJ is

substantially responsive to the requirements of the Bidding document. During the

detailed evaluation of the "Financial Bid", 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.

26.2 A substantially responsive "Financial Bid" is one which confirms all the terms,

conditjons and specifications of bidding documents, without material deviation or

reservation. A material deviation or reservation is one [aJ which affects in any

substantial way the scope, quality, or performance of the Works; (b) which limits in

any substantial way, inconsistent with the Bidding documents, the Employer's rights

or the Bidder's obligations under the Contract; or (c) whose rectification would affect

unfairly the competitive position of other Bidders presenting substantially

responsive Bids.

26.3 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 non-conforming deviation or reservation.

27. Deleted

24. Deleted

29. Evaluation and Comparison of Financial Bids

29.-1. The Employer will evaluate and compare only the Bids determined to be

substantially responsive in accordance with Sub-Clause 26.2.

29.2. Deleted.

29.3. The Employer reserves the right to accept or reiect any variation or deviation.

Variation and deviations and other factors, which are in excess ofthe requirements

of the Bidding documents or otherwise result in unsolicited benefits for the

Employer, shall not be taken in to account in Bid evaluation,

29.4. The estimated effect of the price ad.iustment conditions under Clause 47 of the

Conditions of Contact, during the period of implementation of the Contract, will not

be taken in to account in Bid evaluation.

29.5. If the Bid of the successful Bidder is seriously unbalanced in relation to the

Engineer's estimate of the cost of work to be performed under the contract the

Employer may require the Bidder to produce detailed 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 34 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.

29.6. A bid which contains several items in the bill of Quantities which are unrealistically

priced low and which cannot be substantiated satisfactorily by the bidder may be

reiected as non-responsive.

30. Deleted

F. AWARD OF CONTRACT

31. Award Criteria

31. 1. Subiect to Clause 32, the Employer will award the contract to the Bidder whose Bid

has been determined.

(D to be substantially responsive to the Bidding documents and who has offered

the lowest evaluated Bid Price; and

(iD to be within the available bid capacity adjusted to account for his bid price

which is the lowest evaluation in any ofthe packages opened earlier than the

one considerahon.

In no case, the contract shall be awarded to any bidder whose available bid

capacity is less than the evaluated bid price, even if the said bid is the lowest

evaluated bid. The contract will in such cases be awarded to the next lowest bidder

at his evaluation bid price.

32. Employer's Right to Accept any Bid and to Reiect any or all Bids

32.L. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any

Bid, and to cancel the Bidding process and reiect all Bids, at any time prior to the

award of contract, without thereby incurring any liability to the affected bidder or

Bidder or any obligation to inform the affected Bidder or Bidders of the grounds for

the Employer's action.

33. Notification of Award and Signing of Agreement

33.1. 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 condition of

contract called the "Letter of Acceptance") will state the sum that the Employer will

pay the Contractor in consideration of the execution, completion, and maintenance of

the Works by the Contractor as prescribed by the Contract fhereinafter and in the

Contract called the "Contract Price").

33.2 The notification ofaward will constitute the formation ofthe contract, subject only to

the furnishing of a performance security in accordance with the provisions of Clause.

33.3. The Agreement will incorporate all agreements between the Employer and the

successful Bidder. It will be signed by the Employer and to the successful Bidder,

within 28 days following the notification of award along with the Letter of

Acceptance. Within 21 days of receipt, the successful Bidder will sign the Agreement

and deliver it to the Employer.

33.4. 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.

34. PerformanceSecurity

34.1. (A) Within 10 (Ten) days of receipt of Letter of Acceptance, the successful Bidder

shall furnish to the Employer an irrevocable and unconditional guarantee from a

Bank in the form set forth in Section I [the "Performance Security"] for an

amount equal to 50/o (five percent) of its Contract Price. In case of bids

mentioned below, the successful Bidder, along with the Performance Security,

shall also furnish to the Authority an irrevocable and unconditional guarantee

from a Bank in the same form given at Section I towards an Additional

Performance Security (The "Additional Performance Security") for an amount

calculated as under:

upto 200lo ofthe Estimated Pro,ect Cost, then the Additional Performance

Security shall be calculated @ 20% of the difference in the (iJ Estimated

Pro,ect Cost (as mentioned in Bid Document) - Minus 10olo of the

the Estimated Project Cost, then the Additional Performance Sec-.irity

shall be calculated @ 30% of the difference in the (i) Estimated Proiect

Cost (as mentioned in Bid Document) - Minus 10% of the Estimated

(c) This Additional Performance Security shall be treated as paft of the

Performance Security.

IBJ The Performance Security shall be valid beyond 60[sixty) days of the Defects

Liability Period and the Additional Performance Security shall be valid

beyond 28 [twenty-eight) days of Project Completion Date.

34.2. If the performance security is provided by the successful Bidder in the form of a

Bank Guarantee, it shall be issued either [a) at the Bidder's option, by a

Nationalized/Scheduled Indian bank or (bJ by a foreign bank located in lndia and

acceptable to the Employer. As per GoG Finance Department's Circular No.

FDIMSM/e-file/412023 /OO57 /D.M.o. Date 27/04/2023 or as per their latest

amendment.

34.3. Failure of the successful Bidder to comply with the requirement of Sub-Clause

shall constitute sufficient grounds for cancellation of the award and forfeiture of

the Bid Security.

3#dla+€€+a}r n€s+anaSeeu+iry

36. Deleted -:y

37. Corrupt of Fraudulent Practices

37.7 The Employer will reiect a proposal if it determines that the Bidder recommended

for award has engaged in corrupt or fraudulent practices in completing for the

contract in question and will declare the firm ineligible, either indefinitely or for a

stated period of time, to be awarded a contract with National Highways Authority of

India/ State PWD and any other agencies, if it at any time determines that the firm

has engaged in corrupt or fraudulent practices in completing for the contractor, or

in execution.

37.2 Furthermore, Bidders shall be aware of the provision stated in Sub- Clause 59.2 of

the Conditions of Contract.

+PPEND'IXJTELHB

€la*seRefeFence

$lith-resp€ct++

1 The f the Employer is EXECUTIVE lcl.1.1l

ENGINEER, GATION DIVISION, MORBI

This Annual Financial Turnover Amount is Rs. {4a=*Hl

Not Applicable

4. Value of Work is Rs.2,22,37,667 =44

5. Deleted

*ppUeaUte-

11. The technical Bid will be opened as Stated in

72. Address of the Employer: TALUKA SEVA SADAN,

LAL BAUG, MORBI

13. Deleted

14. The bid should be submitted latest by lct.20.r &20.2)

As stated on online NIT

15. The bid will be opened at stated in NIT- lcl.

76. The Bank Draft in favor of " EXECUTIVE

ENGINEER, IRRIGATION DIVISION, MORBI"

t7. Deleted

Year Financial Year Multiplying factor

tRef€r€nce4l-4-5,5]

Ma€hin€ry

Ma€hin€{r

Capa€iry

Aep+oximate Remark

List ofKey Personnel to be deployed on ContractWork

(Reference CI.4.5.4)

#Employment ofa qualified site Engineer by the Contractor.

The Contractor shall employ full-time technically qualified staff during the execution of this

work as under: -

1. Two graduate Civil Engineers and three diploma Civil Engineers when cost ofthe work

to be executed is more than Rs.50 lakhs.

bu+ mere+haa-Rs5- a

The Engineer so employed for the Government work must have sufficient experience

to handle the work independently. Such an Engineer shall have to stay at the site of

work and he shall not be entrusted with other duty except this work.

ln case the contractor or partner of the contractor firm is a Civil Graduate Engineer,

Employment of a separate Engineer will not be necessary provided that the Engineer

partner himself attends the execution of the work on the site.

Within 15 days of issue of work-order the Contractor will have to furnish to the

Deputy Executive Engineer-in-charge of the work the Name, Qualifications, copy of

marksheet, Color Photograph and the appointment order issued such engineers

engaged for this contract work. If 15 days after issue of work order such designated

Site Engineers do not resume or do not remain present on site ofwork, the recovery at

the rate of Rs.15,000-00 per month per Engineer will be made from the

bills/deposit/dues of the contractor. Such recovery shall be non-refundable.

IRRIGATIO}J Di\itSiON

.lliioRiii

QUALIFICATION INFO RMATI ON

Pre}e€t "NamE# €estraet IrlM Date Stifllad Aet*afiate- Remark

Na#e rhq- ofr.lerk N+ €oatB€t ot o+ exp+al+ii6.

Enfl61rcr tRs, iss.u€ €empletien €ompteti€# feaseff+fu

Cffe) * ll€la+€E

o+d€r C€laplet€d

Y€ar Nan+eef Remar.ksr

th€ Ceme*t Mas€nry 5a*h Bitumineus tif,di€ate

ljm"}€yeI €on€rete FEM+ Work+ W€+k €6nt+e€t*€g

tln€ludins I+€M3 IFEM-I

D€s€ripti€*

f eo|+tri€E |,l+m€{F VaIr€- Sti?uh$ Value-el AnE€ipa+e+

eFwerks N+ Addless €entFae P€ri€d------of tAlerkst tl$

€f As=€d @€ti€n rematfling €€lnpl€+t€n

gmeUyer t€+e

eet*p+ete+

*Attaeh eertifieate

[s) frem the Engineer(sJ in eharge

I+erx-ol *eg+i+er]l€x+ A+adaHfi+++€p€sak Rema+k+

ESr*iement NO Ot#rr€dl- Nos# A#f tfrorr-

+,eas€d+€+e eapa€i+ eendi+iens wh€B+€-

Pesi+ien Na lne eua$fi€atlsn )+areF Yea+-e$

Exp€ri€n€e experi€n€e-i+

eositi€a

Pre,€€t+4anag€r

Seetre-ns*tle Valtre efSub Sub-ContradeF gxperieneei*

werks Ce+traeter tNan€+ similapwerk

a$a€h+opiee

Employer Caus€ef Amoune Remar*s

Ii.g Dispute ln+ol+ed

Presentst*tus

+-+l-++egrarnrie

) Deleted

3 Additional Requirements

3"1 Bidders should provide any additional information required to fulfill the

requirements of Clause 4 ofthe Instructions to the Bidders, ifapplicable.

(il Affidavit

(iil Undertaking

Fill the name of Consultant

1. I, the undersigned, do hereby certifu that all the statements made in the required

attachments are true and correct.

2. The undersigned also hereby certifies that neither our firm M/s.

ave not abandoned any work of

Covernment of Guiarat/Government of lndia/any Board or Corporation under

Covernment of Gujarat/Government of lndia nor any contract awarded to us for

such works have been rescinded, during last five years prior to the date of this

3. The undersigned hereby authorize(s) and request (s) any ban( person, firm or

corporation to furnish pertinent information deemed necessary and requested by

the Department to verifo this statement or regarding any (our) competence and

general reputation.

4. The Undersigned understands and agrees that further qualifying information

may be requested, and agrees to furnish any such information at the request of

the Department/ Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

Name of Firnr

UNDERTAKING

I, the undersigned do hereby undertake ........, that our firm

M/s...-.---*--- ...........................wou1d invest a minimum cash

up to 25o/o ofthe value of the work during implementation ofthe contracl

(Signed by an Authorized officer ofthe firm)

Title ofofficer

Name of firm

AT loN Dlvls

SECTION.

CONDITIONS OF CONTRACT

Conditions of Contract

Table of Contents

A General Page D. Cost Control

1 Definitions 37 3t Bill of Quantities

') Interpretation 38 38 Changes in the Quantities

3 Language and Law 39 39 Variations

4 Engineer's Decisions 39 40 Payments for Variations

5 Delegations 39 47 Cash Flow Forecasts

6 Communications 39 42 Payment Certificates

7 Sub-Contractors 39 43 Payments

8 Other Contractors 39 44 Compensations Events

9 Personnel 40 45 Tax 5Z

10 Employer's & Contractor Risk 40 46 Currencies

tl Employers Risks 40 47 Price Adjustment

t2 Contractor's Risk 40 48 Retention

13 Insurance 40 49 Liquidated damages

L4 Site lnvestigations Reports 4t 50 Bonus

15 Queries about the Contract 4t 51 Advance Palrment s4

16 Contractors to Construct the 4t q,')

Securities

t7 The Works to be Completed By 4t 53 Deleted

the lntended Completion Date

18 Approval by the Engineer 41 54 Cost of Repair

t9 Safety 4L

20 Discoveries 42 E. Finishing the Contract

ZI Possession of the Site 42 55 Completion

ZZ Access to the Site 56 Taking Over

Instructions 42 Final Account

24 Disputes 42 58 Operating and Maintenance

25 Procedure for Disputes

26 Deleted 43 59 Terminations

60 Payment upon Terminations

B. Time Control 61 Property

27 Programme 44 62 Release from Performance co

Extensions of the Intended

completion date

29 Deleted 44F Special Conditions of

30 Delays Ordered by The 44 63 Labour

Engineer 64 Compliance with labour

regulations

.r1 Management Meetings 45 65 Arbitration

JL Early Warning

C. Quality Control

33 Identi$ring Defects

34 Tests

35 Correction of Defects

36 Uncorrected Defects

CONDITIONS OF CONTRACT

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 meaning.

Bill of Quantities means the priced and completed Bill of Quantities

forming part of the Bid

Compensation Events are those defined in Clause 44 hereunder

The Completion Date is the date of completion of the Works as certified by

the Engineer in accordance with Sub Clause

The Contract is the contract between the Employer and Contractor to

execute, complete and maintain the Works till the completion of Defects

Liability Period. It consists ofthe documents listed in Clause 2.3 below.

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

Work has been accepted by the Employer.

The Contractor's Bid is the completed Bidding document submitted by the

Contractor to the Employer and includes Technical and Financial Bids.

The Contract Price is the price stated in the Letter of Acceptance and

thereafter as adjusted in accordance with the provisions of the Contract.

Days are calendar days: months are calendar months.

The Defects Liability Period is the period named in the Contract Data and

calculated from the Completion Date.

The Employer is the party who will employ the Contractor to carry out the

The Engineer is the person named in the Contract Data (or any other

competent person appointed and notified to the contractor to act in replacement of

the Engineer) who is responsible for supervising the Contractor, administering the

Contract, certifying payments due to the Contractor, issuing and valuing Variations

to the Contract, awarding extensions of time, and valuing the Compensations

Equipment is 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 ofAcceptance.

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 work which is to have mechanical, electrical,

electronic or chemical or biological functions.

The Site is the area defined as such in the Contract Data.

Site Investigation Reports are those which were included in the Bidding

documents and are factual interpretive reports about the surface and subsurface

conditions at the site.

Specifications means the Specifications ofthe 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 Subcontractor is a person or corporate body who has a Contract with the

Contractor to carry out a part of the work in the Contract which includes work on the

Temporary Works are works designed, constructed, installed, and removed

by the Contractor which are needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer, which varies the Works

The Works are what the Contract requires the Contractor to construct, install,

and turn over to the Employer, as defined in the Contract Data.

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. Heading 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 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 Intended

Completion Date apply to any Sbction of the Works (other than references to

the Completion Date and Intended Completion date for the whole worksJ

The documents forming the Contract shall be interpreted in the following

order of priority

(11 Agreement

(2) Letter ofAcceptance, notice to proceed with work

(31 Contractor's Bid

(4 ) Contract Data

(5) Conditions of Contract including Conditions of Contract

(6l Specifications

(7 l Drawings

(B l Bills of quantities and

9 Any other document listed in the Contract Data as forming part ofthe

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are stated in

the Contract Data.

4. Engineers 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.

5. Delegation

5.1 The Engineer may delegate any of his duties and responsibilities to other

people after notirying the Contractor and may cancel any delegation after

notirying the Contractor.

6, Communications

6.1 Communications between parties which are referred to in the conditions are

effective only when in writing. A notice shall be effective only when it is

delivered (in terms of lndian Contract Act).

HuNof,t+a€+ing

ub-contracting of supply or

specific items of work is not allowed,

B Other Contractors

8.1 The Contractor shall coope'rat6 -and share the Site with other contractors,

public authorities, utilities and the Employer between the dates given in the

Schedule of other Contractor. The Contractors shall as refer to in the Contract

Data, also provide facilities and services for them as described in the

Schedule. The employer may modifir the schedule of other contractors and

shall notiry the contractor ofany such modifications.

9. Personnel

9.t The Contractor shall employ the key personnel named in the Schedule of Key

Personnel as referred to in the Contract Data to carry out the functions stated

in the Schedule or other personnel approved by the Engineer. The Engineer

will approve any proposed replacement of key personnel only if their

qualifications, abilities, and relevant experience are substantially equal to or

better than those ofthe personnel Iisted in the Schedule.

9.2 If the engineer asks the Contractor to remove a person who is a member of

the Contractor Staff or his 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 work in the Contract.

1O. Employer's and Contractors Risks

10.1 The Employer carries the risk which these Contract states are Employer's

risks, and the Contractor carries the risks which these Contracts states are

Contractors risk.

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, the risks of war, hostilities,

invasion, act of foreign enemies, rebellion, revolution, insurrection or military

or usurped power, civil war, riot commotion or disorder (unless restricted to

the Contractor's employees), and contamination from any nuclear fuel or

nuclear waste or radioactive toxic explosive.

t2. Contractor's Risks

t2.7 All risks of loss of or damages 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 are the responsibility of the

Contractor.

13. Insurance

13.1 The Contractor shall provide, in the joint names of the Employer and the

Contractor, insurance cover from the Start date to the end of the Defects

Liability Period, in the amounts and deductibles stated in the Contract data

for the following events which are due to thc Contractor's risks:

(aJ Loss of or damage to the works, Plant and materials,

[bJ Loss ofor damage to Equipment

(cl Loss ofor damages ofproperty (expect the Works, Plant, Materials and

Equipment) in connection with the Contract; and

[d) Personal iniury or death.

73.2 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 the types and

proportions of currencies required to rectiry the loss or damage incurred.

13.3 If the Contractor does not provide any of the policies and certificates

required, the Employer may affect the insurance which the Contractor should

have provided and recover the premiums the Employer has paid from

payments otherwise due to the Contractor or, if no payment is due, the

payment of the premiums shall be a debt due.

13.4 Alterations to the terms of an insurance shall not be made without the

approval of the Engineer.

13.5 Both parties shall complywith any conditions ofthe insurance policies.

14. Site lnvestigation Report

t4.t The Contractor in preparing the Bid shall rely on any site Investigation

reports referred to in the Contract Data, supplemented by any information

available to the Bidder.

15. Queries about the Contract data

15.1 The engineer will clarify queries on the Contract Data

t6. Contractor to Construct the Works

76.7 The Contractor shall construct and install the works in accordance with the

specification and Drawings.

t7. The Works to be completed by the Intended Completion Date

L7.1 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 if they

comply with the Specifications and drawings.

18.2 The Contractor shall be responsible for design of temporary works.

18.3 The Engineer's approval shall not alter the contractor responsibility for

design of the Temporary works.

18.4 The Contractor shall obtain approval of third parties to thc design of the

Temporary works where required.

18.5 All Drawings prepared by the Contractors for the execution of the temporary

or permanent work are sublect to prior approval by the Engineer before their

19. Safety

19.7 The Contractor shall be responsible for the safety ofall activities on the Site.

20. Discoveries

20.1. Anything of historical or other interest or of significant value unexpectedly

discovered on the site is the property of the Employer. The contractor is to

notiff the engineer of such discoveries and carry out the Engineer's

instructions for dealing with them.

21. Possession ofthe Site

21..t The Employer shall give possession of all parts of the site to the Contractor. If

possession of a part is not given by the date stated in the Contract Data the

Employer is deemed to have delayed the start of the relevant activities and

this will be a Compensation Event.

2L.2 If within 25o/o of the time limit of the project, 800/o of possession of the site is

not handed over to the Contractor, then contractor/ Employer may fore-close

the contract. Contractor/Employer has to foreclose the work within 30 days

after lapse of 2So/o-time limit and after 30 days foreclosure option will be

22, Access to the Site

22.7 The Contractor shall allow the Engineer and any person authorized by the

Engineer access to the Site, to any place where work in connection with the

Contract is being carried out or is intended to be carried out and to any place

where materials or plants are being manufactured/ fabricated/ assembled for

the works.

23. Instructions

23.1 The Contractor shall carry out all instructions of the Engineer pertaining to

works which comply with the applicable laws where the site is located.

23.2 The Contractor shall permit the Employer to inspect the Contractor's

accounts and records relating to the performance of the Contractor and to

have them audited by auditors appointed by the Employer, if so required by

the Employer.

24. Disputes

24.7 lf the Contractor is of the view that a decision taken by the Engineer was

either outside the authority given to the Engineer by the Contract or that the

decision was wrongly taken, the decision shall be referred to #

Superintending Engineer. Raikot Irrigation Circle. Raikot within 14 days

ofthe notification of

the Engineer's decision. If the issue is not resolved, any party can refer the

matter for conciliation within 15 days from the decision given by the #

Superintending Engineer. Raikot Irrigation Circle. Raikot.

[aJ For the work up to Rs.100 Cr., if any of the parties is not satisfied with

the decision of the # Suoerintending Engineer. Raikot Irrigation

Circle. Raikot. both the parties have to refcr ief Engineer

(saurashtra N,W.R.W.S & K D) concern for the io process,

d rsP ute not resolved through the conciliation process, he may refer the

di to t Public Works Contract Dispute Arbitration Tribunal. If the

Co r ils to refer a claim / dispute to the Higher Authority within 14 days of

the notification ofthe Engineer's decision, the Contractor shall not be entitled to any

additional payment/claim if he doesn't follow the above sequence in stipulated time

and he should not stop the work.

25. Procedure for Disputers

25.7 The arbitration shall be conducted in accordance with the arbitration

procedure stated in the Special Conditions of Contract.

26. Deleted

B. TIME CONTROL

27. Programme

27.7 Within the time stated in the Contract Data the Contractor shall submit to the

Engineer for approval a Programme showing the general methods,

arrangements orders, and timing for all the activities in the works along with

monthly cash flow forecasL

27.2 An update of the Programme shall be a programme showing the actual

progress achieved on each activity and the effect of the progress achieved on

the timing of the remaining work including any changes to the sequence of

the activities.

27.3 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 pa5rment after the date on which the overdue programme has been

submitted.

27.4 The Engineer's approval ofthe 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 is to show the effect of

Variations and Compensations events.

2A. Extension ofthe Intended Completion Date

za.7 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 work and which would

cause the Contractor to incur additional cost

The Engineer shall decide whether and by how much to extend the Intended

Completion Date within 35 days of the Contractor asking the Engineer for a

decision upon the effect ofa compensation event or Variation and submitting

full supporting information. [f the Contractor has failed to give early warning

of a delay or has failed to cooperate in dealing with a delay, the delay by this

failure shall not be considered in assessing the new Intended Completion

2A3 The Engineer shall within 14 days of receiving full iustification from the

contractor for extension of Intended Completion Date refer to the Employer

his decision. The employer shall in not more than 21 days communicate to the

engineer the acceptance or otherwise of the Engineer's decision. lf the

employer fails to give his acceptance, the Engineer shall not grant the

extension and the contractor may refer the matter under Clause

29. Deleted

30. Delays Ordered by the Engineer

3 0.1 The Engineer may instruct the Contractor to delay the start or progress of any

activity within the works.

31. Management Meetings

31.1 Either the Engineer or the Contractor may require the other to attend a

management meeting. The business of a management meeting shall be to

review the plans for remaining work and to deal with matters raised in

accordance with the early warning procedure.

37.2 The Engineer shall record the business of management meetings and is to

provide copies of his record to those attending the meeting and to the

Employer. The responsibility of the parties for actions to be taken is to be

decided by the Engineer either.at the management meeting or after the

management meeting and stated in writ.ing to all who attended the meeting.

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific

likely future events or circumstances that may adversely affect the quality of

the work, increase the Contract price or delay the execution of works. The

Engineer may require the contractor to provide an estimate of the expected

effect of the future event or circumstance on the contract price and

completion date. The estimate is to be provided by the Contractor as soon as

reasonably possible.

32.2 The Contractor shall cooperate with the Engineer in making and considering

proposals for how the effect of such an event or circumstance can be avoided

or reduced by anyone involved in the work and in carrying out any resulting

instruction of the Engineer.

C, QUALITY CONTROL

# 33. Identifying Defects/ Defect Iiability period

33.1 : Defect liability period: The contractor shall be responsible to make good and

remedy at his own expense any defect which may develop or may be noticed

before the period mentioned hereunder from the certified date of completion.

The Engineer in charge shall give the contractor a notice in writing about the

defects and the contractor shall make good the same within 15 days ofreceipt

of the notice. In the case of failure on the part of the contractor, the Engineer-

in-charge may rectifi/ or remove or re-execute the work at the risk & cost of

the contractor. The Engineer-in-charge shall be entitled to appropriate the

whole or any part of the amount of security deposit towards the expenses, if

any, Incurred by him in rectification, removal or re-execution. The Defects

Liability period shall be as under....

A. Forworks of WRD Except Building

h^ 12 f-^'n iL- -^-riG^.1 .l-*^ ^f ^^--l^r,^-

ClMfrr- i-h.l^- rm^unr fF^h DS (n nnn r^ 1n nn nnn |L^ ;-f^-* li-l.ili+,,

tender ameunt mere thar RS, '0,00,000; the defeet liabiliry peried shall be

(2J Fer WRD werk exeept likes eheek Dam/ eanal / Drainage l--Read

(d) (1) For all WRD works of tender amount more than RS. 1 Crore, the defect

liability period shall be 3 Years from the certified date of completion

For Building works o

33.2 For Road ulork-;... -

Free maintenance guarantee period for works ofRoad/Bridge construction

[a] For resurfacing work of road free maintenance guarantee period Three

year from the date of completion.

days by the e&iraetgr3d*lis-risk and eest as per the direetien ef En-ineer

require te sHbmit a

lritlSeld anC will be released after the free rnaintena'r€e guarantee period

[1) The flakiness and elongation index (combinedJ for coarse aggregates

under no circumstances shall exceed the allowable limit set forth in the

relevant clause for the material in question.

(2) 2o/o of the amount eligible for the payment of bituminous items shall be

withheld till the miscellaneous items like earthwork in embankment /

cutting for side shoulders, side gutters, kilometer / indicator / guard

stones, sign boards etc. are completed in all respect by the contractor.

After completion of t$ miscellaneous items, the above said 2o/o withheld

amount shall be released.

(Govt. of Guiarat's G.R. No.: TNC-10-2013-3(Part-3) /C,Dtd. 13 / 12 /2013').

(3) Videography for the surface under Maintenance Guarantee is to be done as

per Govt. letter No.: SSR/10/2015-16 /26/C, Drd.26/11/tS for the work

costing more than Rs. 5.00 Crore.

[4) Setting up ofadequate laboratory & deployment ofquality engineers.

The contractor shall have to set up the laboratory with adequate

equipment. Till the setting up of adequate laboratory is completed &

reported of this to the engineer fsubject to due verification by engineer's

representative) by contractor in writing, Rs.2,00,000/- shall be withheld.

The qualified quality Engineer shall be deployed exclusively for this

contract by the contractors. If quality Engineer is not deployed by

contractor within one month after the date of work order, the amount

equivalent to Rs.20,000 per month shall be recovered till the actual

deployment of quality engineer. The amount so recovered towards the

deployment of quality engineers shail not be refunded.

[5) Asphalt work will have to be cross checked as per G.R. No.:

RGN/60/2006/35/C, dtd.37/05/ 07 before final bill is paid.

[6) Maintenance during Construction Period

During the Construction Period, the Contractor shall maintain, at his own

risk and cost, the existing lane(s) of the road so that the traffic worthiness

and safety thereof are at no time materially inferior as compared to their

condition 10 (ten) days prior to the date of the Agreement, and shall

undertake the necessary repair and maintenance works for this purpose;

provided that the Contractor may, at his cost, interrupt and divert the flow

of traffic if such interruption and diversion is necessary for the efficient

progress of works and conforms to Good lndustry Practice; provided

further that such interruption and diversion shall be undertaken by the

Contractor only with the prior written approval of the Executive Engineer

which approval shall not be unreasonably withheld. For the avoidance of

doub! it is agreed that the Contractor shall at all times be responsible for

ensuring safe operation ofthe road.

33.3 The Engineer shall check the Contractor's work and notifu 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.

34.1 If the engineer instructs the Contractor to carry out a test not specified in the

Specification to check whether any work has a Defect and the test shows that

it does, the Contractor shall pay for the test and any samples. If there is no

defect the test shall be a Compensation Event.

34.2 #1% ofthe amount ofwork done for works upto Rs. 10 crore of estimate cost

should be deducted from R.A. Bill of the contractor for testing the quality of

material workmanship. Whereas for estimated cost of works more than

crore, the charges for testing of quality of material .workinarrship shall be

deducted from R.A. bill of contractor as per actqdl charges. As-+e+-€eG

NWRWS & K D€partment

34.3 Agenry has to establish testing laboratory on site f he v4 us-.{est to be

carried out in the work for this purpose agenry sh rtrct a pukka

laboratory building with all facility on site at location specified by the

engineer in charge.

35. Correction of defects

35.1 The engineer shall give notice to the Contractor of any defects before the end

of the defects Liability Period, which begins at Completion and is defined in

the contract data. The Defects Liability Period shall be extended for as long as

Defects remain to be corrected.

35.2 Every time notice of a Defect is given, the Contractor shall correct the notified

defect within the length of time specified by the Engineer's notice.

36. Uncorrected Defects

36.1 If the Contractor has not corrected a defect 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,

D. COST CONTROL

37. Bill of Quantities

37 .l The bill of Quantities shall contain items for the constructions, installation,

testing and commissioning work to be done by the Contractor.

37.2 The bill of Quantities is used to calculate the Contract price. The Contractor is

paid for the quantity ofthe work done at the rate in the Bill of Quantities for

each item.

38. Change in the Quantities

38.1 The Engineer shall have power to make any alterations in or addition to the

original specifications , drawings, designs and instructions that may appear to

him to be necessary or advisable during the progress of the work and the

contractor shall be bound to carry out the work in accordance with any

instruction in this connection which may be given to him in writing signed by

the Engineer and such alteration shall not invalidate the contract and any

additional work which the contractor may be directed to do in the manner

above specified as part of the work shall be carried out by the contractor on

the same conditions in all respects on which he agreed to do the main work

and at the same rate as are specified in the tender for the main work

Except that when the quantity of any item exceeds the quantity as in the

tender by more than 130%, the contractor will be paid for the quantity in

excess of l30o/o, at the rate entered in the SOR of the year during which the

excess in quantity is first executed.

39. Variations

39.1 All Variations shall be included in updated programmes produced by the

Contractor.

40. Payments for Variations

4O.7 lf the additional or altered work includes any class ofwork for which no rate

is specified in this contract, then such class of work shall be carried out as

(i) At the rate derived from the item within the contract which is comparable to

the one involving additional or altered class of work; where there are more

than one comparable items, the item of the contract which is nearest in

comparison with regard to class or classes of the work involved shall be

comparable item shall be final and binding on the contractor.

[ii) If the rate cannot be derived in accordance with [i) above, such class of works

shall be carried out at the rate entered in the Schedule of Rates of the division

for the year in which the tender was received, increased or decreased by the

percentage by which the tender amount is more or less as compared to the

amount arrived at the rates in the "Schedule of Rates" of the Division in the

year in which the tender was received. If the Schedule of rates of the Division

does not contain all the items, the percentage increase or decrease of the

tender shall be calculated considering such items which were included in the

"Scheduled Rates" of the division for the year and for materials consumed on

such item the rate to be charged would be the basic rate taken into account

for fixing the rate in S.O.R. referred to above.

(iii) lf it is not possible to arrive at the rate from (i) and (ii) above, such class of

work shall be carried out at the rate decided by the competent authorities on

the basis of detailed rate analysis after hearing the contractor before a

Committee of two Superintending Engineers stationed at the same place or

the nearest place.

40.2 If the additional or altered work, for which no rate is entered in the "Schedule

of Rates" of the Division is ordered to be carried out before the rate is agreed

upon, then the contractor shall within seven days ofthe date of receipt by him

of the order to carry out the work, inform the Engineer-in-charge of the rate,

which it is his intention to charge for such class of work and if the Engineer in

charge does not agree to this rates, he shall by notice in writing be at liberty

to cancel his order to carry out such class of work and arrange to carry it out

in such manner as he may consider it advisable, provided always that if the

contractor shall commence work or incur any expenditure in regard thereof

before the rates shall have been determined as lastly herein before

mentioned, then in such cases he shall only be entitled to be paid in respect of

the work carried out or expenditure incurred by him prior to the date of the

determination of the rate as aforesaid according to such rate or rates as shall

be fixed by the Engineer-in-charge- In the event ofthe dispute, the decision of

the Superintending Engineer ofthe Circle shall be final.

Where, however, the work is to be executed according to the designs,

drawings and specifications recommended by the contractor and accepted by

the competent authority, the alternation above referred to shall be within the

scope ofsuch designs, drawings and specifications appended to the tenders.

The time limit for the completion of the work shall be extended in the

proportion that the increase in the cost occasioned by alterations bears to the

cost of the original work and the certificate of the Engineer-in-charge as to

such proportion shall be final and conclusive.

---Casl++le*++sreeasts

,,,irL, --,,^,t-r^,1 ;;-r, n^.^, nr..^--".

42. PaJrmentcertificates.

42.1 The Contractor shall submit to the Engineer monthly statements of the

estimated value of the work completed less the cumulative amount certified

previously.

L)) The Engineer shall check the Contractor's monthly statement within 14 days

and certifo the amount to be paid to the Contractor after taking in to account

any credit or debit for the month in question in respect of materials for the

works in the relevant amounts and under conditions set forth in sub-clause

32.3 ofthe Contract Data (secured Advance).

42.3 The value of work executed shall be determined by the Engineer.

42.4 The value of work executed shall comprise the value of the quantities of the

items in the Bill of Quantities completed.

42.5 The value of work executed shall include the valuation of variations and

compensation events.

42.6 The Engineer may exclude any item certified in a previous certificate or

reduce the proportion ofany item previously certified in any certificate in the

light of later information

43, Payments

43.L Payments shall be adiusted for deductions for advance payments, retention,

other recoveries in terms of the contract and taxes at source, as applicable

under the law. The Employer shall pay the Contractor the amounts certified

by the Engineer within 28 days of the date ofeach certificate.

43.2 Payment of GST (prevailing ratesl on the amount payable under the contract

to the Contractor will be made by the Employer. Hence, it is the responsibility

ofthe contractor to pay the GST to the concerned Authority.

43.3 Items of the works for which no rate or price has been entered in will not be

paid by the Employer and shall be deemed covered by other rates and prices

in the Contract.

44. Compensationevents

44.7 The following are compensation Events unless they are caused by the

Contractor:

(a) The Employer does not give access to a part of the Site by the site

Possession date stated in Contract data to the Contractor

44.2 In case of compensation event occurs and it prevents the work being

completed beyond the Intended Completion Date then Authority will approve

E0T with eligible contractual price escalation.

45.1 The rates quoted by the Contractor must be inclusive ofall taxes prevailing on

due date of bid submission Except GST. However, any subsequent changes in

the tax structure by Government after due date of bid submission will be

compensated [+/-) on availability or submission of actual documentation.

Contractor will have to intimate Engineer regarding changes occurred in the

tax structure after bid submission. If the contractor fails to provide such

information and if any financial obligation may arise due to change in tax

structure, same will be recovered from the contractor.

45.2 GST will be paid separately on the bills. Hence, it is the responsibility of the

contractor to pay the GST to the concerned Authority.

46. Currencies.

46.t All payment shall be made in Indian Rupees.

47 . Price Adiustment

47.1 Contract price shall be adiusted for increase or decrease in rates and price of

labour, materials, fuels and lubricants in accordance with the following

principles and procedures and as per formula given in the contract data:

(a] The price adiustment shall apply for the work done from the start date

given in the contract data up to end ofthe initial intended completion date

or extensions granted by the Engineer and shall not apply to the work

carried out beyond the stipulated time for reasons attributable to the

contractor.

[b] The price adjustment shall be determined during each month from the

formula given in the contract data.

(cJ Following expressions and meanings during to the work done during each

R = Total value of work done during the month. It would include the

amount of secured advance granted, if any, during the month less the

amount of secured advance recovered, if any during the month. lt will

exclude value for works executed under variations for which price

adiustment will be worked separately based on the terms mutually

To the extent that full compensation for any rise or fall in costs to the

contractor is not covered by the provisions of this or other clause in the

contract, the unit rates and prices included in the contract shall be deemed to

include amounts to cover the contingency of such other rise or fall in costs.

44. Retention

48.I The Employer shall retain from each payment due to Contractor the

proportion stated in the Contract Data until Completion of the whole of the

48.2 0n Completion of the whole of the Work half the total amount retained is

48.2 0n Completion of the whole of the Work half the total amount retained is

repaid to the Contractor and half when the Defects Liability Period has passed

and the Engineer has certified that all Defects notified by the Engineer to the

Contractor before the end ofthis period have been corrected.

48.3 0n completion of the whole works, the contractor may substitute retention

money with an "on demand" Bank guarantee.

In case, Contractor requests for refund of the Retention Money

deducted by the Employer under the provision of this clause, Employer shall

consider the said request of the Contractor provided that the refund

hereunder shall be made in tranches of not less than 1olo (One PercentJ of the

Contract Price and Contractor furnishes an irrevocable and unconditional

Bank guarantee for an equal amount substantially in the format of Bank

Guarantee for Performance Guarantee enclosed with SBD and valid up to

day beyond the scheduled / extended Defects Liability Period. On completion

of the whole work, the contractor has however an option to submit a fresh

irrevocable and unconditional Bank Guarantee for an amount equal to 5%o of

the total value of work executed substantially in the format ofBank Guarantee

for Performance Guarantee enclosed with SBD and valid up to 60 days beyond

the Defect Liability Period and yet refund the Retention Money Bank

Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.7 The Contractor shall pay liquidated damages to the Employer at the rate per

day stated in the Contract Data for each day that the Completion Date is later

than the Intended Completion Date (for the whole works or the milestone as

stated in the contract dataJ. The total amount of liquidated damages shall not

stated in the contract dataJ. The total amount of liquidated damages shall not

exceed the amount defined in the Contract Data. The Employer may deduct

liquidated damages from payment due to the Contractor. Payment of

liquidated damages does not affect the Contractor's liabilities.

49.2 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. The Contractor

shall not be entitled for any interest on the over payment calculated from the

date of payment to the date of repayment.

49.3 If the contractor fails to comply with the time for completion as stipulated in

the tender, then the contractor shall pay to the employer the relevant sum

stated in the Contract Data as Liquidated damages for such default and not as

penalty for everyday or part of day which shall elapse between relevant time

for completion and the date stated in the taking over certificate of the whole

ofthe works on the relevant section, subject to the limit stated in the contract

The employer may, without preiudice to any other method of recovery

deduct the amount ofsuch damages from any monies due or to become due to

the contractor. The payment or deduction of such damages shall not relieve

the contractor from his obligation to complete the works on from any other of

his obligations and liabilities under the contract.

49.4 ll before the Time for Completion of the whole of the Works or, if applicable

any Section, a Taking Over Certificate has been issued for any part of the

Works or of a Section, the liquidated damages for delay in completion of the

remainder of the Works or of that Section shall, for any period of delay after

the date stated in such Taking-Over-Certificate, and in the absence of

alternative provisions in the Contract, be reduced in the proportion which the

value ofthe part so certified bears to the value ofthe whole ofthe Works or

Section, as applicable. The provisions ofthis Sub-clause shall only apply to the

rate of liquidated damages and shall not affect the limit thereof.

96 ef Time Saved gt€g+litielceRtraegPFi€e

entitfe4ferAe*us

fess+ha+l0% 0%

rdvan€e payment ha

Werl€s, The Contra€tor shall- demenstrate that advan€e payment ha- been

used ir this way by supplying eepies ef inveiees er ether deeuments te the

52. Securities

52.1 The performance Security (including additional security for unbalanced bids)

shall be provided to the Employer no later than the date specified in the

Letter ofAcceptance and shall be issued in an amount and form and by a bank

or surety acceptable to the Employer, and denominated in Indian Rupees. The

performance Security shall be valid until a date 60 days from the date of

expiry of Defects Liability Period and the additional security for unbalanced

bids shall be valid until a date 28 days from the date of issue of the certificate

of completion.

53. Deleted

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works

between the Start date and the end of Defects Correction periods shall be

remedied by the Contractor at the Contractor's cost if the loss or damages

arises from the Contractor's acts or omissions.

E. FINISHING THE CONTRACT

55. Completion

55.1 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 work is

completed.

56. Taking Over

56.1 The Employer shall take over the Site and the Works within seven days of the

Engineer issuing a certificate of Completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed final atcount of the

total amount that the Contractor considers payable as full and final settlement

total amount that the Contractor considers payable as full and final settlement

of all claims under the Contract for items before the end of the Defects

Liability Period. The Engineer shall issue a Defect Liability Certificate and

certify any final payment that is due to the Contractor within 56 days of

receiving the Contractor's account if it is correct and complete. If it is not, the

Engineer shall issue within 56 days a schedule that states the scope of the

corrections or additions that are necessary. If the Final Account is still

unsatisfactory after it has been resubmitted, the Engineer shall decide on the

amount payable to the Contractor and issue a payment certificate, within

days of receiving the Contractor's revised account,

57 .2 If reversal in characteristic of tender (L1 becoming L2) on account of excesses

and savings in final account is observed, the Engineer/Employer shall be at

liberty to restrict the final payment of BOQ items to the lowest amount

evaluated of the bids considering the final quantities and the rates quoted

including the rebates if any. Payment of variation items shall however be

made at the rates approved by the Employer, within 90 days from the

physical completion of work.

58. Operating and Maintenance Manuals

58.1 If "as built" drawings and/or operating and maintenance manuals are

required, the Contractor shall supply them by the dates stated in the Contract

58.2 lf 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.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other party

causes a fundamental breach ofthe Contract

59.2 Fundamental breaches of Contract include, but shall not be limited to the

following:

1. 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

2. The Engineer instructs the Contractor to delay the progress of the Works

and the instructions is not withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt or goes into liquidation

other than for a reconstructions or amalgamation

5;, fhe 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;

5. The Contractor does not maintain a security which is required;

7. The Contractor has delayed the completion of works by the number of

days for which the maximum amount of liquidated damages can be paid as

defined in the Contract data; and

8. If the Contractor, in the judgment ofthe Employer has engaged in corrupt

or fraudulent practices in competing for or in executing the Contract.

For the purpose of this paragraph: "corrupt practice" means the

offering, giving, receiving or soliciting of anything of value to influence the

action of a public official in the procurement process or in contract execution.

"Fraudulent practice" means a misrepresentation of facts in order to influence

a procurement process or the execution of a contract to the detriment of the

borrower, and includes collusive practice among Bidders fprior to or after bid

submission) designed to establish bid prices at artificial non-competitive

levels and to deprive the Borrower of the benefits of free and open

competition.

59.3 When either party to the Contract gives notice of a breach of contract to the

Engineer for a cause other than those listed under Sub Clause 59.2 above, the

Engineer shall decide whether the breach is fundamental or not.

59.4 Notwithstanding the above, the employer may terminate the Contract for

conventeuce.

60. Payment upon Termination

60.1 If the Contract is terminated because ofa fundamental breach of Contract by

the Contractor, the Engineer shall issue a Certificate for the value of the work

done less advance payments received up to the date of the issue of the

certificate, less other recoveries due in terms of the contract, less taxes due to

deducted at source as per applicable law and less the percentage to apply to

the work not completed as indicated in the Contract data. Additional

Liquidated Damages shall not apply. lf the total amount due to the Employer

Liquidated Damages shall not apply. lf the total amount due to the Employer

exceeds any payment due to the Contractor the difference shall be a debt

payable to the Employer.

60.2 lf the Contract is terminated at the Employer's convenience or because of a

fundamental breach of Contract by the Employer, the Engineer shall issue a

ceftificate for the value ofthe work done, the cost ofbalance material brought

by the contractor and available at site, the reasonable cost of removal of

equipment, repatriation of the Contractor's personnel employed solely on the

works, and the Contractor's cost of protecting and securing the Works and

less advance payment received up to the date of the certificate, less other

recoveries due in terms of the contract and less taxes due to deducted at

source as per applicable law.

61. Property

67.1 All materials on the Site, Plant Equipments, Temporary Works and Works are

deemed to be property ofthe Employer, if the Contract is terminated because

of a Contractor's default.

62. Release from Performance

62.1. If the Contract is frustrated by the outbreak of war of by any other event

entirely outside the control of either the Employer or the Contractor the

Engineer shall certifo 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 commitment was made.

F. SPECIAL CONDITIONS OFCONTRACT

63. LABOUR

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 of housing, feeding and transport.

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 informafion as the Engineer may require.

64. COMPLIANCE WITH I.ABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub-

contractor shall abide at all times by all existing labour enactments and rules

made thereunder, regulations, notification and bye laws ofthe State or central

Government or local authority and any other labour law (including rules),

regulations, bye laws that may be passed or notifications 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 the construction industry are given below. The Contractor

shall keep the Employer indemnified in case any action is taken against the

Employer by the competent authority on account of contravention of any of

the provisions of any Act or rules made thereunder, regulations or

notifications including amendments. If the Employer is caused to pay or

reimburse, such amounts as may be necessary to cause or observe, or for

observance of the provisions stipulated in the notifications/bye

Iaws/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 the 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 ofthe Contractor and the Sub-Contractor in no case shall be

treated as the employees of the Employer at any point to time.

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS 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 AcL 1972 :- Gratuity is payable to an employee under the

Act on satisfaction of certain conditions on separation if an employee has

completed 5 years service or more on death, the rate of 15 days wages for every

completed year of service. The Act is applicable to all establishments employing

10 or more employees.

Cl Emplovees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for

monthly contributions by the employer plus workers @ l0o/o or 8.33% The

benefits payable under the Act are :

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. 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.

El Contract Labour (Regulation & Abolitionl 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 0fficer. The Act is applicable to the establishments or Contractor of

Principal Employer, if they employ 20 or more contract labour.

Fl Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the

Minimum Wages fixed by appropriate Covernment as per provisions of the Act, if

the employment is a scheduled employment. Construction of Building, Roads,

Runways are scheduled employment.

G) Payments of wages Act 1936:- lt 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 remunerations 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 matter of transfer, training and

promotions etc.

I) Payments of Bonus Act 1965 :- The Act is applicable to all establishments

employing 20 or more employees. The Act provides for payments of annual

bonus subject to a minimum of 8.330/o of wages and maximum of 20 0/o of wages

to employees drawing Rs. 3500/- per month or less. The bonus to be paid to

employees getting Rs, 2S0O/- per month or above Rs. 3500/- per month shall be

worked out by taking wages as Rs. 2500/- per month only. The Act does not

apply to certain establishments. The newly set-up establishments are exempted

for five years in certain circumstances. Some of the State Governments have

reduced the employment size from 20 to 10 for the purpose of applicability of

rl Industrial Disoutes Act \947 t- The Act lays down the machinery and

procedure for resolutions 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.

IO Industrial emDlovment fstandins Orders) Act 1946 :- lt is aoolicable to all

establishments employing 100 or more workmen (employment size reduced by

some of the State and Central Government to 50). The Act provides for laying

down rules governing the conditions of employment by the Employer on

matters provided in the Act and get the same certified by the designated

Authority.

L) Trade Unions Act 1926:- The Act lays the procedure for registration of trade

unions of workmen and employers. The Trade Unions registered under the Act

have given certain immunities from civil and criminal liabilities.

M) Child Labour fProhibition & Resulation Act 1986:- The Act prohibits

employment of children below 14 years of age in certain occupations and

process and provides for regulation of employment of children in all other

occupations and processes. Employment of Child labour is prohibited in Building

and Construction Industry.

Nl lnter - State Misrant workmen's f Reoulation of Emnlovment & Conditions

of service) Act 1979= The Act is annlicable to an estahlishment which emnlovs

5 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, is an establishment to which

this Act becomes applicable, are required to be provided certain facilities such as

housing, medical aid, traveling expenses from home upto 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 constructions work and

employ 10 or more workers are covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 20lo 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 workplace

etc. The Employer to whom the Act applies has to obtain a registration

certificate from the Registering 0fficers appointed by the Covernment.

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 10 persons or more with aid of power or 20 or more

persons without the aid of power engaged in the manufacturing process.

Q) Royalty charges-The contractor shall pay the royalty to the competent

authority as per rule. The royalty charges paid shall be borne by the

contractor and shall not be reimbursed by the Employer.

RJ Following Pollution control Acts and amendments made thereof

from time to time shall be applicable.

1. Water fPreservation and control ofPollution] Act,1974

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental

management plan for best energy use, waste management, the reduction

of pollution as in EMS (Environmental Management system) ISO- 14001-

65. ARBITRATION (GCC Clause 24)

The procedure for arbitration wlll be as follows: -

24.1 If the Contractor is of the view that a decision taken by the Engineer was either

outside the authority given to the Engineer by the Contract or that the decision

was wronslv taken. the decision shall be referred to # SuDerintendins

Engineer. Raikot Irrigation Circle. Raikot (Higher Authorityl within 14 days

of the notification of the Engineer's decision. lf the issue is not resolved, any party

can refer the matter for conciliation within 15 days from the decision given by the #

Superintending Engineer. Raikot lrrigation Circle. Raikot

(a) For the work up to Rs.100 Cr., if any of the parties is not satisfied with the

decision of the # Superintending Engineer. Raikot lrrigation Circle.

Raikot, both the parties have to refer to the #ChiefEngineer (Saurashtra

N.W.R.W.S & K D) concclncd rttreolciliation process

If the dispute is not ra5olvEd ough the conciliation process,

contractor may refer the dispttqlp]liralat Public Works Contract Dispute

Arbitration Tribunal. lf the Contractor fails to refer a claim / dispute to the

Higher Authority within 14 days of the notification of the Engineer's

decision, the Contractor shall not be entitled to any additional

payment/claim if he doesn't follow the above sequence in stipulated time.

However, during such period, he would not stop the work in any case.

CONTRACT DATA

#CONTRACT DATA

CIause Reference With

respect To section

1. The Employers is lcL.1.1l

Name: .f19.c..q.!i119..En gi.neeL-lr:risellp..n.P.iyis!p..n.Mp.rht

Address;..E5999.!iye.EnSj.neer--trj.s.et!.o..n.P.iyiSi9..n...T.e,l.u-KA.Se..v..?..-s.ada.t.

Name of authorized Representative (will be intimated later)

2. The Engineer is .EXep.U_tlye..E_ngj.1.get^-l.rrjSe!tp..r.r..P.iyi9i9..t,Mg..[h!

Name of Authorized Representative

3 The Defects Liability Period is 03(Three) years from the date of lcL.1.1&331

completion.

4 The Start Date shall be 1't days for the date ofissue ofthe Notice to lcL.1.u

proceed with the work.

5. The lntended Completion Date for the whole of the works is 1cL.r.1,17&2)

11 Months after start of work with the following milestones:

Milestone dates: lcL.z.2& 4e.11

Physical works to be completed Period from the start date

Milestone l i.e. 25olo.....3 Months

Milestone 2 i.e. 507o...... 6 Months

Milestone 3 i.e. 75olo .....9 Months

Milestone 3 i.e. 1000/o .....11 Months

6. The Site is located at-Near Village Merupar, Taluka: Halvad, Dist : lcL.1.1l

7. The name and identification number ofthe Contract is: lcL.1.1l

8. The work consist Construction of Resurfacing to Approach Road of lcL.1.1l

Harpal Sagar (Brahmani-1J Irrigation scheme with items as per B.O.Q

The work shall, inter alia, include the following, as Specified or as

A) I-'vBP--War-k-s.;.

Sile clearance s-e.$ns.qut.and.!ay.-o.u-t..a-o..ns!rugtio..r.r..?.q.d..m.dn!enan-g-q

pJ..a!1.-typ.-e.-q.-9f.-.dan9..a00...(s--.qgmpqoe0.t...e.a.dh-e.,rr...d.a..r.rr;...gp!Ll-w?.y.

ins.h.,Latie.n ..qf-.sg!e;...e.raa,v.alqn.,.?.!,q.,.e-a.r,tlr...wo-rk-.-app-.r-s.a.c.h...[a.a.d.

insp.e-q!!9n..0.'.trls.e!q!,v.9,..qh.e.c.h..d,a.m.s.,,,band.h.e.r.a...r.-'B,--w.9!f,..b.?.(rase9

lqqd. p r9!9gtr-o, rr. g. anti. rg.a..erq!.io. .0. .wqrk, - aaaal.[ia!n s. a!d . s!ru ct_u_r,e,9,

cd.w9.[l(.s--gJ.r.q-a!ur9..r.ep.gir![s..iurr.s[g,.9,']$ns.de9rl!ns..el9..9!her.WBq

Bl Road Works:

Site clearance; setting out and layout widening of existing carriageway and strengthening

including camber corrections,construction ofnew road/ parallelservice road, bitunrinous, bus

bays,lay bays, supplying and placing ofdrainage channels, flumes, guard posts and guard other

related items, construction/ extension ofcross drainage works, b dge, approaches and other

related stones, protective works for road/ bridge, all aspects of quality assurance of various

conrponants of the works, rectification of the defects in the completed works during the

defects liability period; submission of as built drawing and any other related docunrents and

other item ofwork as may be required to be carried out for completing the work in accordance

with the drawing and the provisions ofthe contract and to ensure safcty

€iBridge+M

Provisiof, sf foHrdntion piers abutmeFts- and bearing 5f€5tressedf*a+hf€+€

+*+l+ties €{e

rcix+i+af kil+gi' r,ilid-+iH

D) Other ltems

Any other items as required to fulfill all contractual obligations as per the bid

documents.-

10. The following documents also form part ofthe Contract: lcL.1.1l

Asp er clause 2-3

11. The law which applies to the Contract is the law of Union of India lcL3.1l

72. The language ofthe Contract documents is Engli(h lcL3.1l

1.4. The Schedule ofOther Contractors lcL.8l

15. The Schedule of Key Personnel As per Annex - II to Se onl lcLel

16. The minimum insurance cover for physical property, injury and death lcl13l

is Rs. 5 lakhs per occurrence with the number of occurrences limited

to four. After each occurrence, the contractor will pay an additional

premium necessary to make insurance valid for four occurrences

77 Site Investigation report lcL.14l

1B The Site Possession dates shall be.1ll.Days,f.f.s.m..i.p.s.-ue.ef .W..o-rk p--r.d.er lcL.21l

19 The period for submission of programme for approval of the engineer lcL.27.rl

shall be 21days from the issue of Letter ofAcceptance.

20 The period between program updates will be 15 days. lcL.27.31

21 The amount to be withheld for late submission of an updated [cL.27.3]

nrosramme shall be 0.5 Lacs

22. The following events shall also be Compensation Events lcL.44)

Substantially adverse ground conditions encountered during the

course of execution of work not provided for in the bidding document.

til Removalofundergroundutilitiesdetectedsubsequently

(iD Significant changes in classification of soil requiring

additional mobilization by the contractor, e.g. ordinary soil

to rock excavation,

[iii) Removal of unsuitable material like marsh, debris dumps,

etc. not caused by the contractor.

[ivJ Artesianconditions

(vl Seepage, erosion landslide

[vi) River training requiring protection ofpermanent work

(vii) Presenceofhistorical,archeologicalorreligiousstructures,

monuments interfering with the works

(viii) Restriction ofaccess to ground imposed by civil, iudicial, or

military authority

23. The currenry of the Contract is Indian Rupees [cL.46]

24. The formula (e) for adiustment ofprices are as under: [cL.47l

. If any of the commodities like Cement, Steel or Bitumen are not

found applicable in a work, the weight component of that

commodities {i.e. 'Cement' (Pcl, 'Steel' [Ps) or'Bitumen' (Pb) as

indicated in SBD for the purpose of Price Adjustment) shall be

clubbed with the weight component of 'Other Material' [PmJ, such

that the gross 7o weight ofthe components shall remain as 1000/o.

R= value of work as defined in Clause 47.1 of Conditions ofContract

Adiustment for labour component

(il Price adjustment for increase or decrease in the cost due to

labour shall be paid in accordance with the following formula:

VL = 0.85 x (Prl100) x Rx (Lr - LoJ/Lo

Vl = Increase or decrease in the cost of work during the

month under consideration due to changes in rates for

local labour

Lo = The consumer price index for industrial workers for the

State on 28 days preceding the scheduled date of

opening of technical Bids as published by Labour

Bureau, Ministry of Labour, Government of India

Li = The consumer price index for industrial workers for the

State for the month under consideration as published by

the Labour Bureau, Ministry of Labour, Government of

Pl = Percentage oflabor component ofthe work

Adiustment for cement componenL

(i, Prices adiustment for increase or decrease in the cost of

cement procured by the contractor

V.= 0.85x(P./1001 xRx(Ci -Co)/Co

Vc = Increase or decrease in the cost of work during the

month under consideration due to changes in rates

for cement

Co= The all India wholesale price index for Ordinary

Portland Cement on 28 days preceding the

scheduled date of opening of technical bid as

published by the Ofllce of the Economic Adviser,

Department for Promotion of lndustry and Internal

Trade, Ministry of Commerce & lndustry.

Cr = The all lndia average wholesale price index for Ordinary

Portland Cement for the month under consideration as

published by Office of the Economic Adviser,

Department for Promotion of lndustry and Internal

Trade, Ministry of Commerce & lndustry.

Pc = Percentage ofcement component ofthe work

Adiustment for steel component

[iiD Price adjustment for increase or decrease in the cost of steel procured by the

contractor shall be paid in accordance with the following formula

V' = 0.85x(P'l100)xRx (Si -SoJ/So

Vs= lncrease or decrease in the cost of work during the month under

consideration due to changes in the rates for steel

So= The all India wholesale price index for steel (Mitd Steel - Long Products

Rebars) on 28 days preceding the date of opening of Bids as published by the

Office of the Economic Adviser, Department for Promotion of lndustry and

Internal Trade, Ministry of Commerce & lndustry.

Si= The all India average wholesale price index for steel (Mild Steel - Long

Products Rebars) for the month under consideration as published by

Office of the Economic Adviser, Department for Promotion of Industry and

lnternal Trade, Ministry of Commerce & Industry.

Ps = Percentage ofsteel component of the work

Note : For the application ofthis clause, the index of Mild Steel- Long

products Rebars has been chosen to represent the steel group.

Adiustments of bitumen component

[iv) Price adiustment for increase in the cost of bitumen shall be paid in

accordance with the following formula

Vr = 0.85x (Pul100) x R x (Bi - Bo)/Bo

Vu = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for bitumen.

B" = The official retail price of bitumen at the IOC depot at the nearest

centre on the day 28 days prior to the scheduled date of opening of

technical bid.

Bi = The official retail price of bitumen of IOC depot at the nearest

centre for the 15th day of the month under consideration.

Pu = Percentage of bitumen component ofthe work

Adjustment of POL ffuel and lubricant) component

(vJ Price adjustment for increase or decrease in cost of POL (fuel and

Iubricantl shall be paid in accordance with the following formula

Vr= 0.85 x [Prl100) x Rx (Fr - Fd/Fo

Vr = Increase or decrease in the cost of work duringthe month under

consideration due to changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing

consumer pumps of IOC at the nearest centre on the day 28 prior to

the date of opening of Bids.

Fi = The official retail price of HSD at the existing consumer pumps of

IOC at the nearest centre for the 15th day of the month of the under

consideration.

Pr = Percentage offuel and lubricants component ofthe work

Note: For the application ofthis clause, the price of High-Speed diesel Oil has

been chosen to represent the fuel and Iubricants group.

Adjustment for Construction Machinery

tvi) Price adlustment for increase or decrease in the cost of plant and

Machinery spare procured by the Contractor shall be paid in

accordance with the following formula

Vp= 0.85 x [Ppl100] x Rx (Pi - PoJ/Po

Vp= Increase or decrease in the cost of work during the month under

consideration due to changes in rates for plant and machinery spares

Po = The all lndia wholesale price index for manufacturer of

machinery for mining, quarrying and Construction for the month

under consideration as published Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry.

Pi = The all India average wholesale price index for manufacturer of

machinery for mining, quarrying and Construction for the month

under consideration as published Office of the Economic Adviser,

Department for Promotion of Industry and Internal Trade,

Ministry of Commerce & Industry,

Pp = Percentage of plant and machinery spares componentofthe work.

Note: For the application ofthis clause, index of Heai,y Machinery and parts

has been chosen to represent the Plant and Machinery Spares group

Adiustment of other materials Component

(viiJ Price adjustment for increase or decrease in cost of local materials

other than cement, steel, bitumen and POL procured by the contractor

shall be paid in accordance with the following formula

Vm = Increase or decrease in the cost of work during the month under

consideration due to change in rates for local materials other than

cement, steel, bitumen and POL.

Mo = The AII Indian wholesale price index (all commodities) on

days preceding the scheduled date of opening of technical Bids, as

published by the Office of the Economic Adviser, Department for

Promotion of Industry and Internal Trade, Ministry of Commerce

& Industry.

Mi= The All India wholesale price index (all commoditiesJ for the

month under consideration as published by the Office of the

Economic Adviser, Department for Promotion of Industry and

Internal Trade, Ministry of Commerce & Industry.

Pm = Percentage of local material components (other than cement,

steel, bitumen and POL) of the work.

The following percentage will govern the price adjustment for the

entire contract:

1. Labour -P... ........................25.7

2 Cement - P . ..,..,.....,.. ..,.".00.01 0/o

4 Bitumen - Pr 59.O3 o/o

6 Plant & Machinery Spares Pp....................................... .......7 .96 o/o

Other Materials - Pm.----.. - ..... . .

Total 100 o/o

25. The proportion of payments retained (retention money) shall be 6% {CL. 48}

from each bill subject to a maximum of 50/o offinal contract price.

26. Amount of Liquidated damages for For Whole of work {i1.49}

delay in completion of works (1/2000)th ofthe Initial contract

price, rounded off to the nearest

Thousand, per day. For sectional

Completion (wherever specified In

item 5 ofContract datal (1/2000Jth of

initial contract price for #5 km

Section, rounded offto the nearest

thousand per day.

27 Maximum limit of liquidated damages 10 percent ofthe Initial {CL.49}

For delay in completion work Contract Price rounded off to

the nearest thousand

Befir+filleC

31. Deleted

32. The securities shall be for the following minimum amounts equivalent {CL. 52}

As a percentage ofthe Contract Price:

Performance Security for 5 percent of contract price plus Rs. ................. (to be

decided after evaluation of the bid) as additional security in terms of ITB Clause

The standard form of Performance security acceptable to the Employer shall be

an unconditional Bank Guarantee of the type as presented in Section 8 of the

Bidding Documents.

33. The Schedule of Operating and maintenance Manuals.....N/A. {CL. 58}

34. The date by which "as- built" drawings (in scale as directed) in 2 sets {CL. 58}

are required within 28 days of the issue of certificate of completion of the whole

or section ofthe work as the case may be.

35. The amount to be withheld for failing to supply "as built" drawings {CL. 58} by

the Date required is Rs 0.5 Lakhs.

36. The following events shall also be fundamentals breach of contract: {CL.59.2}

"The Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC"

37. The percentage to apply the value ofthe work not completed representing {Cl 60}

the Employer's additional cost for completing the Works shall be 20 per cent.

SECTION -

TECHNICAL SPECIFICATION

ATTACHED SHEET Separately

FORM OF BID

FORM OF BID

Description of the Works:

1. We offer to execute the Works described above and remedy any defects therein in

conformity with the conditions of Contract, specification, drawings, Bill of Quantities

and Addenda for the sum (s) of

2. We undertake, if our Bid is accepted, to commence the Works as soon as is

reasonably possible after the receipt of the Engineer's notice to commence, and to

complete the whole of the Works in the Contact within the time stated in the

3. We agree to abide by this Bid for the period of 120 Days from the date fixed for

receiving the same, and it shall remain binding upon it and may be accepted at any

time before the expiration ofthat period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together

with your written acceptance thereol shall constitute a binding contract between

5. We understand that you are not bound to accept the lowest or any tender you may

rece I ve.

Dated this day of

Signature -------- in the capacity of

------- duly authorized to sign bids forand on behalf of --------

[in block capitals or typed]

Occupation

SECTION. T

BILL OF QUANTITIES

BILL OF QUANTITIES

1. The bill of Quantities shall be read in conjunction with the Instructions to Bidder,

Conditions of Contract, Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and

are given to provide a common basis for bidding. The basis of payment will be the

actual quantities ofwork ordered and carried out, as measured by the Contractor

and verified by the Engineer and valued at the rates and prices tendered in the

priced Bill of Quantities, where applicable, and otherwise at such rates and prices

as the Engineer may fix within the terms ofthe Contract.

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, layout, supervision, materials, erection, maintenance, insurance, profi!

taxes and duties, together with all general risks, Iiabilities and obligations set out

or implied in the Contract.

4. The rates and prices shall be quoted entirely in Indian Currency.

5. A rate or prices shall be entered against each item in the Bill Quantities, whether

quantities are stated or not. The cost of Items against which Contractor has failed

to enter a rate or price shall be deemed to be covered by other rates and prices

entered in the Bill of Quantities (in case of ltem rate contract).

6. The wh ole cost of complylng with the provisions of the Contract shall beincluded

in the items provided in the priced Bill of Quantities, and where no Items are

provided the cost shall be deemed to be distributed among the rates and prices

entered for the related items of Work.

7. General direction and descriptions of work and materials are not necessarily

repeated or summarized in the Bill of Quantities. References to the relevant

sections of the contract documentation shall be made before entering rates or

prices against each item in the Bill ofQuantities.

8. The method of completed work of payment shall be in accordance with the

specification for Road and Bridge works. For building works specifications for

building are to be followed.

9- Errors will be corrected by the Employer for any arithmetic errors pursuant to

Clause 29 ofthe Instructlons to Bidder.

10. Rock is defined as all materials which, in the opinion of the Engineer, required

blasting, or the use of metal wedges and sledgehammers, or the use of

compressed air drilling for its removal, and which cannot be extracted by ripping

with a tractor ofat least 150 kw with a single rear mounted heavy duty ripper.

BILL OF QUANTITIES

(A Percen Rate Tender to INR 50 Cr.

Item Description of ltem (with brief Quantity Unit Rate ln Amount

No specification and reference to figures

book of specifications)

Jungle clearance of specified category

and bushes for canal/dam work as

directed with depositing material etc

1. complete. 19938.20 Sqmt 2.OO

(Excluding tree of grith above 0.5 mt)

A) up to 2 year old

b) For Medium dence

Box cutting the road surface to proper

slope & camber for making a base for

road work including removing the

excavated stuff & depositing on the

road side slope as directed upto 50 mt.

Supplying and stacking of crushed stone

aggregates, chippings of hard of stone

40 to 63 mm mm size free of

disintegrated pieces of deleterious and 263.60 Cum. 960.7'1

organic matter (for W.B.M.) and

grading as per l.R.C. code with 52 K.M.

Lead including filling the boxes.

Supplying and stacking of lvlachine

crushed stone aggregates, chippings

etc. of 6 to 10 mm size ofhardstone

4. free of disinteBrated pieces, deleterious 55.40 Cum 880.37

and organic matter {for WBM) and

grading as per l.R.C. code with av.

Km. lead..lncluding filling the boxes.

Supplying and stacking of stone dust on

5. road site including filling the measure 26.40 Cum. 624.98

boxes with average lead 62 km

Supplying of murram binding material

6. with lead upto 5 km. 3326.40 Cum 182.96

Spreading the stone aggregate for

rolling and W.B.M. including filling the

interstices to required camber and

7 gradient (exclud ing spreading o' 263.60 Cum. 262.24

Blindage) (iii) 40 mm to 63 mm size

aggregates.

(ll) 40mm to 63mm size ag8regates

Spreading the stone aggregate for

rolling and W.B.M. including filling the

interstices to required camber and

8. gradient (excluding spreading of 55.40 Cum. 262.24

Blindage) (iv) Chipping varying from

mm to 25 mm size aggregates.

(ll) 6mm to 25mm size aggregates

Spreading blindage or road crust filling

the gaps in metal and leveling to

9. camber and gradient as directed.(i) 3352.80 Cum

Rolling and Consolidation with vibratory

roller 8-10 tonne capacity including

10. including watering 3326.40 Cum- 33.09

(A) Earth Work Layer not exceeding

200 mm thickness.

Rolling and Consolidation with vibratory

roller 8-1.0 tonne capacity including

including watering and filling in

tt. depression which occur during the

process. (C)Water Bound Macadam

Layer not exceeding 100 mm thickness.

Scarifying gravelled macadam or

bitumen macadam surface 6 cm to

72. cm depth including stacking useful 32975 60 Sqmt 41.60 13717A4.96

material on road side and disposing off

remaining stuff.

Providing and laying 50 mm thick

Bituminous Macadam with B.T.

aggregate as per M.O.R.T. & H.

specification and using emulsion RS-1

as per lS 8887: for tack coat @ 2.50 KG.

/ 10 Sq.m. with mechanical sprayer and

Bulk asphalt VG-40 for mixing @

KG. / M.T. i.e. 3.40 % of total weight of

mix including heating and mixing the

aggregate and asphalt in continuous of

drum mix plant and hot laid process

spreading the same by paver finisher

and consolidation with roller as per

MoRTH specification to achive desire

density, including providing all

materials equipments, tools and plants,

fire wood, oil, kerosene, labour charges

etc. complete using contractor's own

machinery drum mix plant and paver

finisher etc. complete.

Providing and laying 25 mm thick Semi

Dense Bituminous Concrete with B.T.

aggregate as per MORTH gradation with

mechanical sprayer with, asphalt Grade

VG-4O for mixing @ 50.00 KG. / M.T. i.e.

5.0% by weight of total mix and mixing

the aggregate and asphalt by

continuous of drum mix plant and hot

14. laid process laying with paver finisher 2988.60 M,T. 3405.72

and consolidation with roller as per

MORTH specification to achieve desire

density, including cost all materials

equipments, tools and plants, oil,

kerosene, firewood, labour charges etc.

complete using contractor's own

machineries drum mix plant and paver

finisher etc. complet€.

Providing and fixing Hectometer as per

15. l.R.C. type design includint painting, 98.00 No. 1 '16.08 11375.a4

lettering etc. complete.(i) Fixing in Earth

Providing and fixing ordinary Kilometer

stone of precast C.C. 1:2:4 including

necessary reinforcement as per l.R.c.

16. 9.00 Each 853.3't

type design in C.C. 1:4:8 including

painting,lettering etc. complete (tor

O.D. road V.R.)

Providing & fixing Guard stone as per

17. l.R.C. type design including white

washing etc complete. (i)fixing in Earth

"Pinting and lettering with enamel paint

3- coats etc

complete.(ii) Ordinary K.M. Stone for

O.D.R. and V.R."

Providing and fixing Village name

boards as per standard l.R.C. type

design of steel plate including painting

lettering etc. complete with fixing in

C.C. 1:4:8 block with necessary

excavation.

"Supplying and fixing road sign board of

M.5. plates and angle iron including

painting, lettering etc. complete

20. including fixing in C.C. 1:4:8 with 22.00 Each

necessary excavation etc. complete as

LR.C. type design.(ii) Reflective type"

Place ideatification sign :-Providing and

fixing sing boards made out of 2mm

aluminium sheet; size 150 x 90cms.

rectangle as as per the desi8n of IRC-67-

1977 pre treated with phospheting

process & acid etching; coated with one

coat of epoxy primer and two coats of

best quality epoxy paint; reflectorised

with retro refiective sheeting as per

latest M.O.S.T. Specifications; Letters

and numerals should be as per IRC-30-

1968,3.lm long (2 nos) stand post and

frame fabricated from suitable size iron

angle of 50x50xSmm 75x75x6mm as

required; painted with best quality

epoxy coatings in black and white

bends. the details of symbol or

inscription / numerals for each board

shall be as per the instruction of

engineer in charge. The fixing at site

shall be in 1:2:4 CC block of size 45 x

x 60cms. for each leg. includrng

excavation curing etc. complete under

the supervision of engineer in

charge.(A) Engineer

Grade..............................

Two Crore Twenty Two Lakhs Thirty One Thousand Six Hundred Sixty Seven and Paise

Forty Four Only

l/We am/are willing to carry out the work at o/o above/below percent (Should

be written in figures and words) of the estimated rate mentioned above. Amourrt of my /our

tender works out as under.

Estimated amount put to tender Estimated amount put to tender

Deduct.........o/o below Add.........%o Above

In words ln words

ftem quanti$ Unit Ra+e Anrount

figures filords

1 The Contractor shall it a board with brief details of work as directed by the

Engineer-ln-Charge for which no extra payment shall be made.

2 The labour cess will be deducted as per prevailing rules i.e. 1%o ofthe work done.

3 GST and Income tax TDS will be deducted at a source while making payments of bills

4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken as per

Govt. G.R. NO.: M1S102010 /L7 /K7 Dated,:3O /07 /2018 as stated in S.O.R. therefore in

R.C.C. items where there is a change as per actual mix design the cost of difference of

cement consumption have been deducted from the rate of original item at the rate of

input rate mentioned in all the tender.

SECTION - B

BID SECURITY (BANK GUARANTEE)

WHEREAS, (name of Bidder) (hereinafter called the

"The Bidder"J has submitted his bid Dated fDate) for the

construction of IName of Contractor hereinafter called "the Bid"J

KNOWALL PEOPLE by these presents that We ----

(name of Bank) of------------- --------(name of country) having our

registered office at ---------( hereinafter called

"the bank") are bound unto ----------- ------(name of EmployerJ

(hereinafter called "The Employer") in the sum of

for which payment well and truly to be made to the said Employer the Bank itself, his

successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ------ day of ------20

THE CONDITIONS of these obligations are:

(1J If after Bid opening the Bidder withdraws his bid during the period of Bid validity

specified in the Form of Bid;

(2J If the Bidder has been notified of the acceptance of his bid by the Employer

during the period of Bid Validity:

A Fails or refuses to execute the Form of Agreement in accordance with the

Instructions to Bidders, if required; or

B. Fails or refuse to furnish the Performance Security, in accordance with the

Instructions to Bidders; or

C. does not accept the correction of the Bid Price pursuant to Clause

[Correction of Errors)

We undertake to pay to the Employer up to the above amount upon

receipt of his first written demand, without the employer having to substantiate

his demand, provided that in his demand the Employer will note that the

amount claimed by him is due to him owing to the occurrence of one or any of

the three conditions, specirying the occurred conditions or conditions.

This Guarantee will remain in force up to and including the date-------------------- **

days after the deadline for submission ofBids as such the deadline is stated in the

Instructions to Bidders or as it may be extended by the Employer, notice of which

extension (s) to the Bank is hereby waived. Any demand in respect of this

guarantee should reach the Bank not later than the above date

DATE SIGNATURE-

WITNESS SEAL

[Signature, name and address)

* The Bidder should insert the amount of the guarantee in words and figures

denominated in lndian Rupees. This figure should be the same as shown in

Clause 16.1(Bid Securityl ofthe lnstructions to Bidders.

**45 days after the end of the validity period of the Bid. Date should be

inserted by the Employer before the Bidding documents are issued.

PERFORMANCE SECURITY

l3:------ --- --[Name of Employer)

(Address of Employer)

WHEREAS [name and address of

contractorJ (hereafter called "the Contractor"] has undertaken, in pursuance of

Contracts No.

--------- (name of Contract and brief description of Work) fhereinafter called "The

Contract")

AND WHEREAS it has been stipulated by you in the said Contract that the

Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum

specified therein as security for compliance with his obligation in accordance with

the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREF0RE we hereby affirm that we are the Guarantor and responsible to

you on behalf of the Contractor, up to a total of

[amount of guarantee)+ fin words), such sum being payable in

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of

(amount of guaranteeJ as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity ofyour demanding the said debt from the contractor

before presenting is with the demand.

We further agree that no change or addition to or other modification ofthe terms of

the Contract to of the Works to be performed thereunder or of any of the Contract

documents which may be made between your and the Contractor shall in any way

release us from any liability under this guarantee, and we hereby waive notice of any

such charge, addition or modifications.

This guarantee shall be valid until 60 days from the date of expiring of the

Defect Liabilities period.

Signature and Seal ofthe guarantor ------------------

Name of Bank

*An amount shall be inserted by the Guarantor, representing the percentage the

Contract price specified in the Contract denominated in Indian Rupees.

ADDITIONAL PERFORMANCE SECURITY

[Clause 34.1. (A)]

[Name of Employer)

(Address of Employer)

WHEREAS (Name and address of

contractor) (hereafter called "The Contractor"J has undertaken, in pursuance of

Contracts No. -------------------- dates ----- to execute

(Name of Contract and brief description of Works) (hereinafter called "The

Contract"l

AND WHEREAS it has been stipulated by you in the said Contract that the

Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum

specified therein as security for compliance with his obligation in accordance with

the ContracL

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to

you on behalf of the Contractor, up to a total of

(amount of guarantee) fin words), such sum being payable in

types and proportions of currencies in which the Contract prices is payable, and we

undertake to pay you, upon your first written demand and without cavil or

argument, any sum or sums within the limits of

(amount of guarantee) as aforesaid without your needing to prove or to show

grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity ofyour demanding the said debt from the contractor

before presenting is with the demand

We further agree that no change or addition to or other modification ofthe terms of

the Contract to of the Works to be performed thereunder or of any of the Contract

documents which may be made between your and the Contractor shall in any way

release us from any liability under this guarantee, and we hereby waive notice ofany

such charge, addition or modifications.

This guarantee shall be valid until 28 days from the project conrpletion date.

Signature and Seal ofthe guarantor ------------------

Name of Bank

BANK GUARANTEE FOR ADVANCE PAYMENT

(Name of Employer)

(Address of Employer)

(Name ofContractor)

Gentlemen:

In accordance with the provisions of the Conditions of Contract, sub-clause

51.1 ("Advance Payment"J ofthe above mentioned Contract,

(name and address of ContractorJ fhereinafter called "the

Contractor") shall deposit with----------- (name of

EmployerJ a bank guarantee his proper and faithful performance under the said

Clause ofthe Contract in an amount of--------- (amount ofGuaranteeJ* -

--------------in wordsl.

We, the---------- -- (bank of financial institution), as instructed

by the Contractor, agree unconditionally and irrevocably to guarantee as primary

obligator and not as Surety merely, the payment to

fname of Employer) on his first demand without whatsoever right of obligation on

our part and without his first claim to the Contractor, in the amount not exceeding ---

(amount of guarantee)* Iin

We further agree that no change or addition to or other modifications ofthe terms of

the Contractor or Works to be performed thereunder or of any of the Contract

documents which may be made between (name of

Employer) and the Contractor, shall in any way release us from any liability under

this guarantee, and we hereby waive notice of any such change, addition or

modifications.

This guarantee shall remain valid and in full effect from the date of the

advance payment under the Contract until (name of

employer) receives full repayment of the same amount from the contractor

YOUR'S TRULY

Signature and Seal

Name of Bank/ Financial Institution

* An amount shall be inserted by that Bank or Financial Institution representing the

amount ofthe Advance Paynrent, and denominated in Indian Rupees.

Letter ofAcceptance

(Letter head paper ofthe Employer)

(Name and address ofthe Contractor)

Dear Sirs,

This is to notify you that your Bid dated for execution of

the fName of the contract and identification number, as

given in the lnstructions to Bidders] for the Contract Price ofRupees

(amount in words and figuresl as corrected and modified in

accordance with the Instructions to Bidders* is hereby accepted by our agency.

You are requested to furnish performance security, in the form detailed in

para 34.1 of ITB for an amount equivalent to Rs. within 1O days of the receipt

of this letter of acceptance up to beyond 6O days from the date of expiry of defects

Liability period i.e. up to the Additional Performance Security for an

amount equivalent to Rs.-shall be valid beyond 28 ftwenty-eight] days of

Proiect Completion Date i.e. up to and sign the contract, failing which

action as stated in Para 34.3 of ITB will be taken.

Yours Faithfully

Authorizcd Signature

Name and title ofSignatory

Name of Employer

* Delete "Corrected and" or and modified if only one of these actions applies. Delete as

corrected and modified in accordance with the Instructions to Bidders, if corrections or

modifications have not been affected.

Issue ofNotice to proceed with the work

(Letterhead of the Employerl

ame and address ofthe Contractor)

Dear Sirs,

Pursuant to your furnishing the requisite security in ITB Clause 34.1 and

signing ofthe Contract for the construction o f

at a bid Price of Rs.

You are hereby instructed to proceed with the execution ofthe said works in

accordance with the contract documents.

Yours faithfully

(Signature, name and title ofsignatory authorized

To sign on behalf of EmployerJ

AGREEMENT FORM

This agreemenq made on the day of between

(name and address of EmployerJ [Hereinafter called "the

Employerl and (name and address of

contractorJ hereinafter called "the Contractor" of the other parL

Whereas the Employer is desirous that the Contractor execute

Name and identification number ofcontract (hereinafter called "the work") and the

employer has accepted the Bid by the Contractor for the execution and completion of

such work and the remedying ofany defects therein, at a cost of Rs.

NOWTHIS AGREEMENT WITNESSETH AS FOLLOWS

1. In this Agreement, words and expression 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 construed as part of this

Agreement.

2. In Consideration of the payment to be made by the Employer to the contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to

executive and complete the works and remedy any defects therein in conformity

in all aspects with the provisions of the contracts.

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

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 ready and construed as

part of this Agreement viz

il letter ofAcceptance

iiJ Notice to proceed with the works:

iii J Contractor's Bid

iv) Conditions of contract: General and Special

v) Contract Data

vi) Additional conditions

vii ) Drawings

viii ) Bill ofQuantities and

ixJ Any other documents listed in the Contract

data as forming part ofthe Contracl

In witness whereof the parties there to 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

ln the presence of

Binding signature of Employer

Binding Signature of Contractor

UNDERTAKING

(For lnvestment)

I, the undersigned do hereby undertake that our firm M/s

would invest a minimum cash up

to 25%o ofthe value of theworkduring implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

Name of firm

UNDERTAKING

(For Validity)

I, the undersigned do hereby undertake that our firm M/s

any time before the expiration ofthat period.

[Signed by an Authorized officer of the firm)

Title of officer

Name of firm

SECTION -

SECTION.

DOCUMENTS TO BE RNISHED BY BIDDER

Sr. No. Name of Document Reference Clause Reference Formate

1 Bid Document Fee / Tender Fee As Per NIT

Bid Security / EMD orValid

EMD Exemption or in terms

of Bank guarantee ( Valid As per Table of ITB

165 days from the date ofbid Refer clause No. 16 for

submission) of appropriate provision of Bank

class of Registration of guarantee

Approved Contractors

3 Registration Cemifi cate As Per NIT

Registration Certificate ' . of

special category - Road/&rildhg-

4 As Per N lT

arxl'Category Ill & Above,

Solvency 200lo of Estimated cost put

to tenderamount ofSchedule Banli '

5 or Nationalize Bank or Bank As PeI NIT

Approved for Government business.

6 Pan card As Per NIT

GST Number

7 As Per NIT

ln form ofAs per

u Affi davit and Undertaking

Section No.2

EXECUTIVE ENGINEER

IRRIGATION DIVISION