1 HARYANA PWD B&R BRANCH, PROVINCIAL DIVISION FARIDABAD TERM OF REFERENCE DOCUMENTS FOR CARRYING OUT SURVEY, GEOTECHNICAL INVESTIGATION AND PREPARATION OF GADs, BOQ, DETAILED DESIGNING, WORKING DRAWINGS, DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS DURING CONSTRUCTION of ROB LC No. 579 A ON DELHI MATHURA ROAD TO VILLAGE ANANGPUR IN FARIDABAD DISTRICT. Contract No : __ _ _ ___ Serial No.__ _ ____ _ _ Date Issue _ ____ _ _ _ Name of Agency to whom _ ____ _ ___ _ _ _ ______ _ ___ _ Issued _ ___ _ ____ _ ____ ____ _ ____ Si gnature of Officer Issui ng the Document ______ _ ___ _ ______ _ ___ _ ____ Executive Engineer, Provinci al Di vi si on, PWD B&R Br. Faridabad.
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HARYANA PWD B&R BRANCH, PROVINCIAL
DIVISION FARIDABAD
TERM OF REFERENCE DOCUMENTS
FOR
CARRYING OUT SURVEY, GEOTECHNICAL INVESTIGATION AND
PREPARATION OF GADs, BOQ, DETAILED DESIGNING, WORKING
DRAWINGS, DETAILED ESTIMATE INCLUDING REQUIRED
MODIFICATIONS DURING CONSTRUCTION of ROB LC No. 579 A ON
DELHI MATHURA ROAD TO VILLAGE ANANGPUR IN FARIDABAD
DISTRICT.
Contract No :__ _ _ ___
Serial No.__ _ ____ _ _ Date Issue _ ____ _ _ _
Name of Agency to whom _ ____ _ ___ _ _ _ ______ _ ___ _
Issued _ ___ _ ____ _ ____ ____ _ ____
Signature of Officer Issuing
the Document ______ _ ___ _ ______ _ ___ _ ____
Executive Engineer,
Provincial Division,
PWD B&R Br.
Faridabad.
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GOVERNMENT OF HARYANA
PWD B&R BRANCH, FARIDABAD
Press Note
HARYANA PWD (B&R)
NOTICE INVITING TENDER
Sr.No.
Name of work Approximate value of
work (Rs.)
Bid Security (Rs.)
Cost of document
(Rs.)
Time limit
Date and time for bid preparation
to Hash submission
1. Carrying out Survey,
Geotechnical Investigation and
preparation of GADs, BOQ,
Detailed Designing, Working
Drawings, Detailed Estimate
including required modification
during construction of ROB at LC
No. 579-A on Delhi Mathura Road
to Village Anangpur in Faridabad
District.
15.00
Lacs
0.30 lacs
Contr.
0.15 lacs
Society
5000/- Three
Months
30.10.2013 10:01 hrs.
to 18.11.2013 17:00 hrs
Only through e-Tendering Note: - For Other details visit Website http://haryanapmgsy.etenders.in and www.haryanapwd-bandr.org. (For and on behalf of Governor of Haryana)
The Governor of Haryana invites the bids from eligible bidders through online bids in the website: http://haryanapmgsy.etenders.in for the work detailed in the table.
Sr.No.
Name of work Approximate value of
work (Rs.)
Bid Security (Rs.)
Cost of document
(Rs.)
Time limit
Date and time for bid preparation
to Hash submission
1. Carrying out Survey,
Geotechnical Investigation and
preparation of GADs, BOQ,
Detailed Designing, Working
Drawings , Detailed Estimate
including required modification
during construction of ROB at LC
No. 579-A on Delhi Mathura Road
to Village Anangpur in Faridabad
District.
15.00
Lacs
0.30 lacs
Contr.
0.15 lacs
Society
5000/- Three
Months
30.10.2013 10:01 hrs.
to 18.11.2013 17:00 hrs
1. Bidding Documents can be downloaded online from the Portal http://haryanapmgsy.etenders.in by the
Societies / Contractors registered on the Portal.
2. Pre bid meeting will be held on 20.11.2013 at 11.30 Hrs. for the tenders mentioned above in the
committee room of office of Executive Engineer, Provincial Division PWD B&R Br., Faridabad to clarify the
issues and to answer questions on any matter that may be raised at that stage as stated in clause 9.2 of
‘Instructions to Bidders’ of the bidding document.
3. As the Bids that are to be submitted online are required to be encrypted and digitally signed, the Bidders are
advised to obtain the same at the earliest. For obtaining Digital Certificate, the Bidders may contact the
representative of Next Tenders, the Service Providers of Electronic Tendering System.
4. The contractual Agencies can submit their tender documents Online as per the dated mentioned in the key
calculations and drawings including detailed construction working drawings for all
items of works. The drawings shall be prepared on computer in standard CAD
formats. The entire final approved designs and estimates shall be submitted duly
signed in original in 6 copies along with CDs.
i) The Design Consultant shall get the design and working/detailed drawings
proof checked from any of the following institution/undertakings;
a) The Indian Institutes of technology (IITs) Delhi or Bombay,
In exceptional circumstances, if the design cannot be got proof checked from
the above institution/undertakings, the consultant shall submit a list of three
proof consultants empanelled with the MORT&H for design of bridges/ROB to
the Employer. The Employer would select the proof consultant out of this
list and intimate the consultant, which shall be binding on him. Nothing
extra is payable for getting the design proof checked and the cost is deemed
to be included in lump sum cost quoted by the consultant.
The Design Consultants shall also modify/revise the designs and drawings on the
basis of changes/modifications suggested by the proof Design Consultant or
Employer without any additional payment.
j) Design Consultants must submit their plans with 3D, Auto CAD Drawings based
upon the analysis with the required systems. Extensive three dimensional
inference management, with low and high existing structures is required to be seen
before finalizing any plans.
k) The Design Consultant shall supply free of cost all drawings of appropriate
size in sufficient copies as directed by the Engineer/Employer.
l) The Design Consultant shall provide design support during construction stage
including temporary works design, Girders launching schemes, road
diversions, checking of executing agencies scaffolding/shuttering arrangements
etc. and all required modifications during construction as desired by employer
or as per requirement of site.
m) Preparation of detailed Girders launching scheme along with complete
methodology and getting the same approved from Railway or any other
competent authority/department.
n) The Design Consultant shall visit the site during the contract/construction period,
without any extra cost, as directed by the Engineer in case of any problem relating
to design/drawings. There will be no limit on number of necessary site visits of the
Design Consultant and decision of the Engineer shall be final.
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o) The Design Consultant during the period of this assignment, and thereafter, till the
satisfactory completion of the construction of the work, act as Design Consultant
and give any advice regarding the construction of this work, in particular, to
intending contractors who would tender and undertake the construction of this
work.
p) The Design Consultant shall be responsible for accuracy of the designs, drawings
and construction drawings prepared by him as part of the project.
q) The Design Consultant shall protect the Department against any damage or loss
arising for want of such care and diligence or neglect of professional duty. To this effect,
the Design Consultant shall indemnify the Department through a professional indemnity
insurance policy with a nationalized insurance company for 10% of the total fee payable to
him. A copy of the policy shall be deposited with the Engineer-in-Charge.
r) The Design Consultant shall promptly notify the Engineer-in-Charge of any change in the
Constitution of his firm. It shall be open to the Engineer-in-Charge to terminate the
Agreement on the death, retirement, insanity or insolvency of any person being Director in
the said firm, or on the addition or introduction of a new Director without the previous
approval in writing of the Engineer-in-Charge. But until its termination by the Engineer-in-Charge as aforesaid, this agreement shall continue to be in full force and effect notwithstanding any changes in the constitution of the firm by death, retirement, insanity or insolvency of any of its Director or addition or introduction of any new Director. In case
of death or retirement, the serving or remaining Directors of the firm shall be jointly and severally liable for the due and satisfactory performance of all the terms and conditions of the Agreement.
s) The key personnel comprising the Design Consultants team for the work should be drawn
from the permanent staff of the firm. These key personnel will be continuously associated
with the design and drawings of this work from beginning to completion of the work.
t) The Land Acquisition Paper U/S-IV & VI will be prepared by the Design Consultant
himself.
2.0 DETAILS OF ROAD OVER BRIDGES/BRIDGES:
Sr.
No. Location Rough Estimated
Cost (Rs. in Lacs) 1. Carrying out Survey, Geotechnical Investigation and
Preparation of GADs, Bill of Quantities, Detailed Designing, Working
Drawings, Detailed Estimates including required modifications
during construction for following bridges:
1 CONSTRUCTION of ROB LC No. 579 A ON
DELHI MATHURA ROAD TO VILLAGE
ANANGPUR IN FARIDABAD DISTRICT.
Available Sketches of the sites of level crossings showing salient details of road rail
configuration for the purpose of developing concepts and detailed plans are enclosed for
ready reference. These can be used by Design Consultants for assessing the extent of
survey but it is imperative that site visits may be made by the teams to make their own
assessment.
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The decision to have two lane or four lane ROBs, number of future tracks, spans shall be
decided in consultation with Employer at survey stage.
3.0 GENERAL GUIDELINES FOR DESIGN OF BRIDGES/ ROBs:
3.1 The design shall be carried out in terms of specifications of latest editions (and upto
date correction/amendment/errata) of IRS (Indian Railways Standards), IRC (Indian
Road Congress) and ISI (Indian Standard Institution) now BIS (Bureau of Indian
Standards) and as desired by the Client /Employer.
3.2 Vertical Clearance for future electrification (if not existing) shall be provided
corresponding to OHE requirements or any future track reprofiling in vertical
frame, as desired by Railway.
3.3 The girders may be of Precast pre-stressed concrete (Post tensioned), steel or
composite or R.C.C. /PSC Beams/Slabs etc. depending upon the field conditions
and economy.
3.4 End launching/crane erection of Girders from the approach road may be preferred.
3.5 The approaches of the bridges may be Reinforced earth work or earth slopes or
viaduct depending upon the site conditions and requirements of the Client. The
decision of the Engineer-in-Charge shall be final in this regard. The Design
Consultant shall provide alternatives with cost benefit analysis and full justification
for the proposed alternatives.
4.0 PERFORMANCE SECURITY
4.1 Performance Security:
i. Within 14 days of issue of the Letter of Acceptance from the Employer/
Engineer, the successful tenderer shall furnish to Employer/Engineer a
performance Security in the form of bank guarantee on the proforma
annexed as Annexure-I from any scheduled Bank for an amount of 5% (Five
percent) of the original Contract value.
Alternatively, the performance security can be furnished by the Design
Consultant in the form of Fixed Deposit Receipt (FDR) from a scheduled
Bank endorsed in favour of the Employer.
The bank guarantee/ FDR shall be operative till six months after proposed time limit of the work satisfactory.
ii) No payment under the contract shall bes made to the Design Consultant
before receipt of performance security.
iii) Failure of the successful tenderer to furnish the required performance
security shall be a ground for the annulment of the award of the Contract.
4.2 Release of Performance Security:
The whole of the Performance Security shall be liable to be forfeited by the Employer/
Engineer at the discretion of the Employer/Engineer, in the event of any breach of contract,
on the part of the Design Consultant or if the Design Consultant fails to perform or observe
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any of the conditions of the contract. On due and faithful/satisfactory completion of the
entire, the Performance Security shall be returned to the Consultant.
5.0 CONTRACT AGREEMENT:
The Design Consultant shall enter into and execute the Contract agreement in the form of
agreement (Annexure-II) within 30 days from the date of issue of Letter of Acceptance.
The stamp papers of the requisite value as per the prevailing laws shall be provided by the
Design Consultant at his own cost. Original agreement shall be retained by the
Employer/Engineer and a certified copy shall be made available to the Consultant.
6.0 MOBILISAITON ADVANCE
6.1 Conditions for Payment :
If requested by the Design Consultant in writing, the Employer/ Engineer shall make an
interest bearing mobilization advance payment to the Design Consultant for an amount not
more than 15 (Fifteen) percent of the contract value/price. The mobilization advance shall
be paid exclusively for the costs of mobilization in respect of the Works. Payment of such
advance shall be made after fulfillment of the following conditions to the satisfaction of the
Engineer: -
i) Submission of Performance Security by the Design Consultant in accordance with
Clause 4.1 of these Conditions.
i) Submission of an unconditional bank guarantee in the format annexed as Annexure-
III from a scheduled bank in India for an amount equivalent to the mobilization
advance being paid. The Bank Guarantee may be split into not more than four
separate Bank Guarantees & each having a minimum value of 2.5% of the original
contract value. Such Bank Guarantee shall remain effective until the advance
payment has been recovered from the Consultant. Bank Guarantee(s) for the
amount recovered from the Design Consultant shall be released to the Design
Consultant progressively.
6.2 Payment :
After fulfillment of the pre-conditions as described in para 6.1 above, the mobilization
advance shall be released to the Consultant.
6.3 Recovery : The recovery of mobilization advance shall commence from the Consultant’s on account
bills after completion of Geotechnical investigation works at site and the full recovery shall
be effected before completion of works for a value of 60% of the total contract value. The
recovery schedule shall be made by the Engineer based on the payments made.
7.0 RATES TO BE ALL INCLUSIVE :
7.1 The rates/price to be quoted in financial bid shall be for the complete scope of work as
described in the tender document. Any item of work included in the scope of work may not
be exclusively described in the document. The price to be quoted in the Bid Form shall also
take care of all such items of consultancy assignment.
The price quoted should also be inclusive of all types of direct and indirect taxes imposed
by Central/State Govt. and local bodies. However, any statutory variation in and/ or fresh
imposition of such levies/ taxes relevant to this contract shall be reimbursed by the
Employer after submission of documentary evidences by the Design Consultant and
verification of the same by the Department.
No price adjustment shall be applicable and the price as accepted shall remain firm and
hold good till the completion of assignment/work in all respects. No additional claim or
amount shall be admissible on account of any fluctuations in any market rates.
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7.2 Payment:
The accepted contract price shall form the basis of payment to the consultant Payment shall only be made after submission of bill(s) by the Consultant. The payment shall generally be made within 15 days from the submission of the bill by the Consultant. However, no payment shall be made to the Design Consultant till such time Service tax registration certificate is submitted. Payment shall be made on proportionate basis in the following stages:-
S.
No. Description. Payment (%age of
accepted cost of price of tender).
1 On completion of detailed survey work and submission
of survey report ;and data collected to Haryana PWD B&R Department.
15% of the fee
2. On completion of geotechnical investigation and submission of Report to Haryana PWD B&R Department.
15% of the fee
3. On submission of GADs, preliminary design drawings,
bill of quantities, estimate and specifications for all the items of work to HYaryana PWD B&R Department.
10% of the fee
4. On approval of GADs from Railways, State Govt., Local Authorities.
5% of the fee
5. On approval of the detailed design, detailed working/construction drawings etc. by Haryana PWD B&R Department, after proof checking for substructure and approaches and submission of the same.
20% of the fee
6. On approval of the detailed design, detailed working/construction drawings, etc. by Haryana PWD B&R Department after proof checking for Super Structure and submission of the same.
10% of the fee
7. On preparation of land acquisition papers 15% of the fee 8. On modification of design, drawings & estimates
during construction as per requirement at site and submission of the same as and when required by the employer/Engineer-in-Charge.
10% of the fee
8.0 SCHEDULE FOR COMPLETION OF WORK:
The Design Consultant shall carryout the work indicated at Sr. No. 1 to 6 in the above clause included in his scope of work very expeditiously within the following time schedule for all the ROBs:-
S.No. Description of work. Period(in days)
1. Mobilization & completion on detailed survey work and submission of survey report and data collected.
D + 7
2. Preparation & submission of geotechnical investigation and submission of Report.
D + 20
3. Preparation and submission to Department general arrangement drawings (GAD), preliminary design and drawings, estimate including bill of quantities and general specifications required for floating of tenders etc.
D + 30
4. Approval of GAD from Railways, State Govt., Local Authorities etc.
D + 40
5. Approval of detailed design, working/construction drawings from the Proof Consultant for substructure and approaches.
D + 50
6. Approval of detailed design, working/construction drawings from the Proof Consultant for superstructure.
D + 65
7. Preparation of land acquisition papers. D + 75
8. On modification of design, drawings & estimates during construction as per requirement at site and submission of the same as and when required ;by the employer/Engineer-in-Charge.
Alongwith execution of work.
D = Date of issue of Letter of Acceptance.
9.0 Schedule of modification during construction: Pursuant to Clause 1.0 (l) and Item No.7
of payment sub clause 7.2 hereinabove, the design consultant shall submit the modified
design/drawing during construction period within 10 days from the date of receipt of such
directions from employer. The design consultant shall provide all support for modification
including site visits during entire completion period of the project by the construction
agency including extended period if any.
10.0 DELAY AND EXTENSION OF CONTRACT PERIOD/ LIQUIDATED DAMAGES:
10.1 The time allowed for execution and completion of the works or part of the works as
specified in the contract, shall be essence of the contract on the part of the Consultant.
10.2 As soon as it becomes apparent to the Consultant, that the work and/ or portions thereof
(required to be completed earlier), cannot be completed within the period(s) stipulated in
the contract, or the extended periods granted, he shall forthwith inform the Engineer and
advise him of the reasons for the delay, as also the extra time required to complete the
works and / or portions of work, together with justification therefore. In all such cases,
whether the delay is attributable to the Design Consultant or not, the Design Consultant
shall be bound to apply for extension well within the period of completion/ extended period
of completion of the whole works and / or portions thereof.
10.3 Extension due to modifications
If any modifications are ordered by the Engineer or site conditions actually encountered are
such, that in the opinion on the Engineer the magnitude of the work has increased
materially, then such extension of the stipulated date of completion may be granted, as
shall appear to the Engineer to be reasonable.
10.4 Delays not due to Employer
If the completion of the whole works (or part thereof which as per the contract is required
to be completed earlier), is likely to be delayed on account of:
a. Any force major event referred to in Clause 13.0 or
b. Any relevant order of court or
c. Any other event or occurrence which, according to the Engineer is not due to the
Consultant’s failure or fault, and is beyond his control;
the Engineer may grant such extensions of the completion period as in his opinion is
reasonable.
10.5 Delays due to Employer/Engineer
In the event of any failure or delay by the Employer / Engineer in fulfilling his obligations
under the contract, then such failure or delay, shall in no way affect or vitiate the contract
or alter the character thereof, or entitle the Design Consultant to damages or compensation
thereof but in any such case, the Engineer shall grant such extension or extensions of time
to complete the work, as in his opinion is/ are reasonable.
10.6 Delays due to Design Consultant and Liquidated Damages:
If the delay in the completion of the whole works or a part of the works, beyond stipulated
completion period, is due to the Consultant’s failure or fault, and the Engineer feels that the
remaining works or the portion of works can be completed by the Design Consultant in a
reasonable and acceptable short time, then, the Engineer may allow the Design Consultant
extension or further extension of time, for completion, as he may decide, subject to the
following:
a. Without prejudice to any other right or remedy available to the Engineer, recover by
way of liquidated damages and not as penalty, a sum equivalent to quarter of one
percent (0.25%) of the contract value of the works, for each week or part thereof the
Design Consultant is in default.
b. The recovery on account of compensation for delay shall be limited to 5% of his
contract value of the works, as the case may be.
The recovery of such damages shall not relieve the Design Consultant from his obligation
to complete the work or from any other obligation and liability under the contract.
10.7 Engineer’s decision on compensation payable being final
The decision of the Engineer as to the compensation, if any payable by the Design
Consultant under this clause shall be final and binding.
10.8 Time to continue to be treated as the essence of contract in spite of extension of time.
It is an agreed terms of the contract that notwithstanding grant of extension of time under
any of the sub-clauses mentioned herein, time shall continue to be treated as the essence of
contract on the part of the Consultant.
11.0 TERMINATION OF CONTRACT DUE TO CONSULTANT’S DEFAULT
11.1 Conditions leading to termination of contract
i. If the Consultant
a. becomes bankrupt or insolvent, or,
b. makes arrangements with or assignment in favour of his creditor, or agrees
to carry out the contract under a committee of inspection of his creditors or
c. being a company or corporation goes into liquidation by a resolution passed
by the Board of Directors/ General Body of the share-holders or as a result
of court order (other than voluntary liquidation for the purpose of
amalgamation or reconstruction) or
d. has execution levied on his goods or property or the works, or
e. assigns or sublets the contract or any part thereof otherwise than as provided
for under conditions of this contract, or
f. abandons the contract, or
g. persistently disregards instructions of the Engineer or contravenes any
provisions of the contract, or
h. fails to adhere to the agreed programme of work or fails to complete the
works or parts of the works within the stipulated or extended period of
completion, or is unlikely to complete the whole work or part thereof within
time because of poor record of progress; or
i. fails to take steps to employ competent and / or additions staff and labour, or
j. promises, offers or gives any bribe, commission, gift or advantage, either
himself or through his partners, agents or servants to any officer or employee of the Engineer or the Employer, or to any person on their behalf,
in relation to obtaining or execution of this or any other contract with the
Employer, or
k. suppresses or gives wrong information while submitting the tender.
In any such case, the Engineer on behalf of the Employer may serve the Design Consultant
with a notice in writing to that effect and if the Design Consultant does not, within 7 days
after delivery to him of such notice, proceed to make good his default in so far as the same
is capable of being made good, and carry on the work or comply with such instructions as
aforesaid to the entire satisfaction of the Engineer, the Employer shall be entitled after
giving 48 hours notice in writing to terminate the contract, as a whole or in part or parts (as
may be specified in such notice).
ii. In such a case of termination, the Employer/Engineer may adopt the
following course.
Carry out the whole or part of the work from which the Design Consultant
has been removed by engaging another Design Consultant or deployment of
technical staff at site.
11.2 Entitlement of Employer/Engineer:
In cases described in sub-clause 11.1 (ii) above, the Employer/ Engineer shall be entitled
to:
a. Forfeit the whole or such portion of the Performance security amount, as he may
deem fit, and
b. Recover from the Design Consultant the cost of carrying out the balance work in
excess of the sum, which he would have been paid, according to the certificate of
the Engineer, if the works had been carried out and completed by the Design
Consultant under the terms of the contract. Such certificate shall be final and
binding upon the Consultant. The amount to be recovered may be deducted by the
Employer/ Engineer from any other moneys due to the Design Consultant alone or
jointly under this or any other contract.
12.0 TERMINATION OF CONTRACT ON EMPLOYER/ ENGINEER’S ACCOUNT.
The Employer/Engineer shall be entitled to terminate the contract, at any time, should, in
the Employer/Engineer’s opinion, the cessation of works becomes necessary, owing to
paucity of funds or due to court orders or from any other cause whatsoever. Notice in
writing from the Employer/Engineer of such termination and reasons therefore, shall be
conclusive evidence thereof.
In case of termination of contract on Employer/Engineer’s account as described above, the
claims of the Design Consultant towards expenditure incurred by him in the expectation of
completing the whole works, shall be admitted and considered for payment as deemed
reasonable and are supported by the documents/vouchers etc. to the satisfaction of
Employer/Engineer. The decision of the Employer/Engineer on the necessity and propriety
of such expenditure shall be final and conclusive.
However, the Design Consultant shall have no claim to any payment of compensation or
otherwise, on account of any profit or advantage which he might have derived from the
execution of the work in full but which he could not in consequence of termination of
contract under this clause.
13.0 FORCE MAJURE
13.1 If, at any time during the currency of the contract, the performance of any obligation (in
whole or in part) by the Employer or the Design Consultant shall be prevented or delayed
by reason of any war, hostilities, invasion, acts of public or foreign enemies, rebellion,
revolution, insurrection, civil commotion, sabotage, large scale arson, floods, earthquake or
any other act of god, large scale epidemics, nuclear accidents, any other catastrophic
unforeseeable circumstances, quarantine restrictions, any statutory, rules, regulations,
orders or requisitions issued by a Government department or competent authority
(hereinafter referred to as “event”) then, provided notice of the happening of such an event
is given by either party to the other within 21 days of the occurrence thereof.
a) Neither party by reason of such event be entitled to terminate the contract or have
claim for damages against the other in respect of such non-performance or delay in
performance.
b) The obligations under the contract shall be resumed as soon as practicable after the
event has come to an end or ceased to exist.
c) If the performance in whole or part of any obligation under the contract is prevented
or delayed by reason of the event beyond a period of 180 days, the contract may be
fore closed with mutual consent by giving a notice of 30 days without any
repercussions on either side.
d) In case of doubt or dispute, whether a particular occurrence should be considered an
“event” as defined under this clause, the decision of the Engineer shall be final and
binding.
e) Works that have already been measured shall be paid for by the Engineer even if the
same is subsequently destroyed or damaged as a result of the event. The cost of any
work that has been measured shall be borne by the Employer/Engineer.
f) If the contract is fore-closed under this clause, the Design Consultant shall be paid
fully for the work done under the contract, but not for any defective work or work
done which has been destroyed or damaged before its measurement.
13.2 If no notice is issued by either party regarding the event within 21 days of occurrence, the
said event shall be deemed not to have occurred and the contract will continue to have
effect as such.
14.0 SETTLEMENT OF DISPUTES
All disputes or differences of any kind whatsoever that may arise between the
Employer/Engineer and the Design Consultant in connection with or arising out of the
contract or subject matter thereof or the execution of works, whether during the progress of
works or after their completion, whether before or after termination of contract shall be
settled as under: -
14.1 Mutual Settlement
All such disputes or differences shall in the first place be referred by the Design Consultant
to the Employer in writing for resolving the same through mutual discussions, negotiations,
deliberation etc. associating representatives from both the sides and concerted efforts shall
be made for reaching amicable settlement of disputes or differences.
14.2 Conciliation/ Arbitration
14.2.1 It is a term of this contract that Conciliation/Arbitration of disputes shall not be
commenced unless an attempt has first been made by the parties to settle such disputes
through mutual settlement.
14.2.2 If the Design Consultant is not satisfied with the settlement by the Employer on any matter
in question, disputes or differences, the Design Consultant may refer to the Employer in
writing to settle such disputes or differences through conciliation or Arbitration provided
that the demand for conciliation or Arbitration shall specify the matters, which are in
question or subject of the claim, item wise. Only such dispute(s) or difference(s) in respect
of which the demand has been made, together with counter claims of the Employer shall be
referred to Conciliator or Arbitrator as the case may be and other matters shall not be
included in the reference.
14.2.3 The Employer may himself act as Sole Conciliator/Sole Arbitrator or may at his option
appoint another person as Sole Conciliator or Sole Arbitrator, as the case may be. In case,
the employer decides to appoint a Sole Conciliator/Sole Arbitrator, then a panel of at least
three names will be sent to the Consultant. Such persons may be working/ retired
employees of the Employer of the rank of S.E. who had not been connected with the work.
The Design Consultant shall suggest minimum two names out of this panel for appointment
of Sole conciliator/Sole Arbitrator. The Employer will appoint Sole Conciliator/ Sole
Arbitrator out of the names agreed by the Consultant.
14.2.4 In case, the Design Consultant opts for settlement of disputes through Conciliation at first
stage and if the efforts to resolve all or any of the disputes thorough Conciliation fails, the
Design Consultant may refer to the Employer for settlement of such disputes or differences
through Arbitration. The appointment of Sole Arbitrator shall be done by the Employer as
per the procedure described above. No disputes or differences shall be referred to
Arbitration after expiry of 60 days from the date of notification of failure of Conciliation.
14.2.5 The Conciliation and/or Arbitration proceedings shall be governed by the provisions of the
Indian Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment
thereof and the rules made thereunder and for the time being in force shall apply to the
conciliation and arbitration proceedings under this clause.
14.2.6 The language of proceedings, documents or communications shall be in English and the
award shall be made in English in writing.
14.2.7 The conciliation/arbitration proceedings shall be held at a place decided by
conciliator/arbitrator.
14.2.8 The fees and other charges of the Conciliator/ Arbitrator shall be as per the scales fixed by
the employer and shall be shared equally between the Employer and the Consultant.
14.3 Settlement through Court
It is a term of this contract that the Design Consultant shall not approach any court of Law
for settlement of such disputes or differences unless an attempt has first been made by the
parties to settle such disputes or differences through clauses 14.1 and 14.2.
14.4 No suspension of work
The Obligations of the Employer, the Engineer and the Design Consultant shall not be
altered by reasons of conciliation/arbitration being conducted during the progress of works.
Neither party shall be entitled to suspend the work on account of conciliation/ arbitration
and payments to the Design Consultant shall continue to be made in terms of the contract.
14.5 Award to be binding on all parties
The award of the Sole Arbitrator, unless challenged in court of law, shall be binding on all
parties.
14.6 Exception:
For settlement of disputes with central PSUs, the procedure as per existing orders of
Permanent Machinery for Arbitration (PMA), Bureau of Public Enterprises, Govt. of India
shall be followed.
14.7 JURISDICTION OF COURTS :
Jurisdiction of courts for dispute resolution shall be at Faridabad.
SECTION - 4
TECHNICAL PROPOSAL FORMAT
Section 4 Technical Proposal Format
Annexure-I
DETAILS OF THE ROBS FOR WHICH FEASIBILITY STUDY AND DPR WAS COMPLETED BY THE CONSULTANT
DURING LAST FOUR YEARS AND THE ROBS WERE PHYSICALLY COMPLETED
SR.
NO NAME OF THE
PROJECT LOCATION
OF THE
PROJECT
TOTAL
PROJECT COST
FOR WHICH
CONSULTANCY
WAS
PROVIDED BY
THE
CONSULTANT
SINGLE SPAN
OF THE
RAILWAY
BRIDGE
INCLUDED IN
THE ROB
TYPE OF
SERVICES
RENDERED (A,
B, C)
NAME,
ADDRESS
AND
CONTACT
NOS. OF
CLIENT
DURATION OF
THE
CONSULTING
ASSIGNMENT
DATE OF
PHYSICAL
COMPLETION
OF THE
PROJECT
PERFORMANCE
CERTIFICATE/O
F THE CLIENT
ENCLOSED
(YES OR NO)
TYPE OF STRUCTURE OF
APPROACHES AND
RAILWAY BRIDGE
(PSC/STEEL/COMPOSITE
GUARDER
A – SURVEY, B – GEOTECHNICAL INVESTIGATIONS, C- DETAILED DESIGN AND DRAWINGS, ESTIMATES, GADs, BOQ
etc.
Note :
1. Give details of relevant projects only, which have been physically completed and commissioned.
2. Submit performance certificates from Client in respect of the information furnished above.
Signauter of Tenderer Executive Engineer 32
3333
SECTION - 5
FINANCIAL BID FORMAT
3434
From
SECTION 5
FINANCIAL BID
To
Sir,
The Governor of Haryana
Through the Executive Engineer
Provincial Division
Haryana PWD B&R Branch,
Faridabad.
1. I/we have examined the conditions of contract, instructions to tenderers
and other contents of the documents and have acquainted ourselves with the prevailing
site conditions. The offer to carry out the work of Survey, Geotechnical Investigation,
Preparation of GADs, Bill of Quantities, Detailed Designing, Working Drawings,
Detailed Estimate including required modifications during
……………………………………………………………………………………………
as given in Notice Inviting Tender at a lumpsum price of Rs.
figures and words) including all taxes and service tax.
(in
2. We further agree to the schedule of payment in respect of the contract
price accepted by you as given in the payment schedule under sub clause 7.2 of the
conditions of contract.
3. We agree to abide by this tender until the date mentioned in the contract
documents and it shall remain binding upon us and may be accepted at any time before
that date. We have already submitted earnest money with the tender and we bind
ourselves that it is to be absolutely forfeited by you, without prejudice to any other rights
or remedies in the Conditions of Contract attached should we fail to commence the work
specified, withdraw the offer until the validity of the Tender, fail to furnish performance
guarantee or sign the contract in accordance with the terms of the tender.
4. We understand that until a formal agreement is prepared and executed, the
letter of acceptance issued by you shall constitute a binding contract between us.
5. We understand that cost of preparation of this tender and other
investigation carried out and of maintaining the Earnest Money with you is to our
3535
account. We also understand that you are not bound to accept the lowest or any bid you
may receive. Yours faithfully,
(Signature of the bidder with seal)
3636
SECTION - 6
FORM OF SECURITIES AND AGREEMENT
3737
ANNEXURE- I
PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)
To
The Governor of Haryana,
(Acting through
(Name & address)
WHEREAS (name and address of consultant) Wherein after called “ the
Consultant”) has undertaken in pursuance of contract No. dated to
execute (name of contract and brief description of
works) ( hereinafter called “ the contract”)
AND WHEREAS it has been stipulated by you in the said contract that the Design
Consultant shall furnish you with a Bank Guarantee by a scheduled 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 Design Consultant such a Bank Guarantee.
NOW THEREFORE we hereby affirm that we are to Guarantor and responsible to you, on
behalf of the Consultant, upto a total of (amount of Guarantee),
(amount in words) such sum being payable in the types and
proportions of currencies in which the contract price is payable, and we undertake to pay you,
upon your first written demand and without cavil or argument, and 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 of your demanding the said debt from the Design Consultant
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the works to be performed there under or of any of the contract documents
which may be made between you and the Design Consultant shall in any way release us from
any liability under this guarantee, and we hereby waive notice of any such change, addition
or modification.
This guarantee shall be valid upto
completion of the work)
( a date 28 days from the date of
SIGNATURE AND SEAL OF THE GUARANTOR
Name of Bank
Address:
Date
3838
ANNEXURE- II
FORM OF AGREEMENT. (To be executed on requisite value of stamp papers)
AGREEMNENT.
THIS AGREEMENT MADE ON _ day of
(month/year) between
Governor of Haryana, acting through (Project Head and Name / address of the Project)
(hereinafter called “ the employer/ Engineer”) of the one part and
(Name and address of the consultant) hereinafter called “ the
Consultant”) of the other part.
WHEREAS the employer is desirous that certain works should be executed by the Design
Consultant Viz contract No. (hereinafter called “ the works” and has
accepted a Bid by the Design Consultant for the execution and completion of such works and
the remedying of any defects therein.
NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS:
1. In this agreement, words and expressions shall have the same meaning as are
respectively assigned to them in the conditions of contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as
part of this agreement.
a) Letter of Acceptance of Tender
b) Notice Inviting Tender
c) Instructions to the Tenderers.
d) Conditions of the contract
e) Bill of quantities.
3. In consideration of the payments to be made by the employer to the Design
Consultant as hereinafter mentioned, the Design Consultant hereby covenants with
the employer to execute and complete the works and remedy any defects therein
in conformity in all respects with the provisions of the contract.
4. The employer hereby covenants to pay the Design Consultant in consideration of
the execution and completion of the works and the remedying of defects therein
the Contract Price or such other sum as may become payable under the provisions
of the Contract at the times and in the manner prescribed by the Contract.
IN WITHNESS whereof the parties hereto have caused this Agreement executed the day and
year first before written.
(Name Designation and address of the
authorised signatory)
(Name Designation and address of the
authorised signatory)
Signed for and on behalf of the Design
Consultant in the presence of
Signed for and on behalf of the employer in
the presence of
Witness. Witness.
1 1
2. 2.
Name and address of the witnesses to be indicated.
3939
ANNEXURE-III
BANK GUARANTEE FOR ADVANCE PAYMENT
To
The Governor of Haryana
(Acting through
(Name of Project In charge & address)
In accordance with the provisions of the conditions of contract, Sub-Clause
(“Advance Payment”) of the above mentioned contract, (name and
address of the Consultant) (hereinafter called “ the consultant”) shall deposit with
(name of employer) a bank guarantee to guarantee his proper
and faithful performance under the said clause of the Contract in an amount of
(amount of Guarantee) _ (amount in works)
We, the (Name of bank), as instructed by the Consultant, agree
unconditionally and irrevocably to guarantee an primary obligator and not as Surety merely,
the payment to Haryana PWD B&R Department on their first demand without whatsoever
right of objection on our part and without his first claim to the Consultant, in the amount not
exceeding (amount of Guarantee)_ (amount in works).
We further agree that no change or addition to or other modification of the terms of the
Contract or of works to be performed there under or of any of the Contract documents which
may be made between Haryana PWD B&R Department International Limited and the
Consultant, shall in any way release us from any liability under this guarantee, and we hereby
waive notice of any such change, addition, or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract upto (until Haryana PWD B&R Department
receives/recovers full repayment of advance alongwith interest accrued thereon from the
