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1 TENDER DOCUMENT FOR CONSTRUCTION OF Govt. ITI Jaisinghpur, Sultanpur UTTAR PRADESH RAJKIYA NIRMAN NIGAM LTD. VIBHUTI KHAND, GOMTI NAGAR, LUCKNOW.
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TENDER DOCUMENT
FOR
CONSTRUCTION
OF
Govt. ITI Jaisinghpur, Sultanpur
UTTAR PRADESH RAJKIYA NIRMAN NIGAM LTD.
VIBHUTI KHAND, GOMTI NAGAR,
LUCKNOW.
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U.P. Rajkiya Nirman Nigam Ltd. (ISO 9001:2008 Certified Company)
Visheshwaraiya Bhawan Gomtinagar, Lucknow
Notice No. /G.M.(Fzd.Zone)/NIVIDA/RNN/16 dated:
CORRIGENDUM
The estimated cost for Govt. ITI Jaisighpur Distt Sultanpur
related to notification No-1150/ GM(Fzd.Zone) RNN/16 dated:
05.05.2016 has been modified as below:-
SI.
No.
Name of work Modified
Estimated cost
(in lacs)
Modified Bid
Security (Rs. In
Lacs)
1 2 3 4
1 Construction of Govt. ITI
Jaisinghpur Distt-Sultanpur
504.78 10.10
All other condition above noltification no. 1150 dated
05.05.2016 shall remain the same.
General Manager (faizabad Zone)
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U.P. Rajkiya Nirman Nigam Ltd. (ISO 9001:2008 Certified Company)
Visheshwaraiya Bhawan Gomtinagar, Lucknow
Notice No. /G.M.(Fzd.Zone)/NIVIDA/RNN/16 dated:
Tender Notice Sealed tenders are invited in 2 bids system from eligible contractors.
Bidders are advised to note the minimum qualification criteria. SI. No.
Name of work
Estimated cost (in
lacs)
Bid Security
(Rs. In Lacs)
Cost of Bid Documents
Time Completion
Address of Unit
Address of tender
Receiving Officer
1 2 3 4 5 6 7 8
1 Construction
of Govt. ITI Jaisinghpur
Distt- Sultanpur
507.01 10.15 10400.00 12
month
APM, Suda
Unit-1, 9/841,
Indiranagar, Lucknow
General
Manager (Faizabad
Zone ) Office UPRNN
Ltd. Near Nishatganj
Bridge Ashok marg
Lucknow
The tender documents can be purchased from the concerned unit sated in column-7 or can be downloaded from the website
www.uprnn.co.in during the period 13.05.2016 to 27.05.2016 The tender should be submitted up to 02:00PM on 28.05.2016. The technical bid shall
be opened on same day at 03:00 PM. Undersigned reserves the right to
reject any or all the tenders without assigning any reason. The bidder are also advise to keep watching of U.P.R.N.N. Ltd. Website regularly for
further any clarification as well as amendments. .
General Manager (faizabad Zone)
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Bill of Quantity
Name of work - Construction of Govt ITI Jaisinghpur Sultanpur
List of Important Dates 1. Notice Inviting Tender/Bid Date of Issue
06.05.2016 [ [
2. Sale of Bidding Document Period Place 13.05.2016 to 27.05.2016 Office of Concerned Project Manager/A.P.M. Office Address 3. Pre-Bid Meeting Date Time Place 25.05.2016 03:00 PM Office of G.M U.P.R.N.N. Ltd.
Faizabad Zone, Ashok Marg Lucknow
4. Deadline of Receiving Bid Date Time 28.05.2016 02.00 Noon 5. Place of Receiving Bid - Office of General Manager Faizabad Zone Near
Nishatganj Bridge, Ashok Marg, Lucknow 6. Opening of Technical Bid Date Time Place 28.05.2016 03:00 PM Office of G.M U.P.R.N.N. Ltd. Faizabad Zone Near
Nishatganj Bridge, Ashok Marg, Lucknow
7. Opening of Financial Bid Date & Time To be notified by a notice to individual technically qualified bidders and displayed in the Office of General Manager Faizabad Zone 8. Completion Period of Work/Project - 12 Months 9. Validity Period of Bid - 90 Days
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Tender Notice Uttar Pradesh Rajkiya Nirman Nigam Ltd.
(ISO 9001:2008 Certified Company) Vishveshraiya Bhawan, Vibhuti khand, Gomtinagar Lucknow
Phone:-0522 2206448 Website: www.uprnn.co.in Email: [email protected]
Press Notice No. 3377/GM(Fzd.Zone)/NIVIDA/RNN/15 Dated: 14.12.2015
1. Uttar Pradesh Rajkiya Nirman Nigam Ltd. Lucknow (Faizabad Zone) invites percentage rates bids in 2 bids system sealed tender eligible and approved contractors of UP.P.W.D./C.P.W.D./M.E.S./any Government Orgnization registered in ‘A’ Class. The Bidders may submit bids for any of all of the works. Bidders are advised to note the minimum criteria.
SI.
No.
Name of work Estimated
cost (in
lacs)
Bid
Security
(Rs. In
Lacs)
Cost of Bid
Documents
Time
Completion
Address of Unit Address of tender
Receiving Officer
1 2 3 4 5 6 7 8
1 Construction of Govt. ITI
Jaisinghpur Distt- Sultanpur
507.01 10.15 10400.00 12
month
APM, Suda Unit-1,
9/841, Indiranagar, Lucknow
General Manager
(Faizabad Zone ) Office UPRNN Ltd.
Near Nishatganj
Bridge Ashok marg Lucknow
Requirment for Bid Qalification
2. The Contractor who fulfil the following requirement shall be eligible to apply: (i) Should have successfully completed similar works during the last five years as a prime contractor
satisfying either of the following. a) Three similar completed work each costing not less than 40% of Tendered cost. b) Two similar completed work each costing not less than 50% of Tendered cost. c) One similar completed work each costing not less than 80% of Tendered cost
3. Similar work shall mean construction of classess of building works: a) Should have had average annual financial turnover equal to cost of work during last five years ( copy
of certificate C.A. to be submitted) b) Should not have incurred any loss in more than two years during the last five years. Solvency Certificate from
bankers to be submitted. c) Information regarding project in hand, current litigation, order regarding exclusion, expulsion or black listing if
any should be indicated. 4. A Prebid Confrence will be held in the office of General Manager (Faizabad Zone) UPRNN, Near Nishatganj
Bridge Ashok Marg, Lucknow. On 25.05.2016 at 03:00 PM for clearifying issues and clearing doubts, if any. 5. The bids shall remain valid for acceptance for period of 90 (Ninty) days from the last date of submission of bids.
Bids once submitted can not with drawn. 6. Bidders shall place two separate envelops marked “Technical Bid” and “Financial Bid” in outer envelop. 7. Financial bid shall be opened to those bidders whose bids are technically qualified and eligible.
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Time schedule of procurement 8. A set bidding documents may be purchase from the concern unit Incharge as mentioned in column-7 between
11:00 A.M. to 04:00 PM on any working day from 13.05.2016 to 27.05.2016 for a non refundable fee of Rupee 10,000.00 for stationary charges/tender cost and 400.00 VAT applicable as indicated in column-5. In the form of demand draft drawn on any scheduled bank in favour of UPRNN Ltd. Payble at lucknow. Intrested bidders may obtain further information at the same office from where the documents are purchase. Bidding document can also be downloaded from the website: www.uprnn.co.in but its cost i.e. Rs. 10,000.00+ Vat as mentioned in column-5 above. In the form of D.D. drawn any scheduled bank in favour of UPRNN Ltd. Payble at lucknow will necessarily be attached with the bids.
9. In Case of any discrepancy between the downloaded bid document and that available with the concerned Office. The letter would be considered authentic.
10. Bids must be delivered the office of the concerned General Manager as mentioned in column-8 of the table on or before 02.00 Noon on 28.05.2016 and the technical bids will be opened on the same day, at 03:00 PM in the office of concerned General Manager as mentioned in column-8 in the presence of the bidders of their authorized representatives to attend, in presence of committee constituted by Managing Director, U.P.R.N.N. Ltd. Lucknow. If the office happens to be closed on the date of receipt of opening of the bids as specified the bids will be received and opened date. The date and time opening of financial bid shall be notified by a notice to the eligible and qualified bidders. The financial bids shall be opened in the office of concerned General Manager as mentioned in column-8 in the presence of bidders who wish to attend.
11. Bids must be accompanied with bid security of the amount specified for the work in the table. The bids security shall be deposited in the form of FDR/Bank Guarantee of a Nationalized Bank in the name of UPRNN Ltd. Earnest Money is acceptable in the form of FDR/Bank Guarantee Of any nationalised bank . The intending bidders has to fill all the details such as Bankers name, FDR/Bank Guarantee Amount and Date.
12. Any Bidder who is having criminal record is not allowed to participate in the bidding process. 13. Each bidder is required to furnish in the form of an affidavit, that the information required for evaluation of the
bidding capacity of the bidder is correct. Each bidders is required to satisfy himself about his bidding capacity before submitting his bid. Bidding capacity will evaluated as mentioned in section 3 Bids who do not possess the required bidding capacity shall not be eligible for opening financial Bid.
14. Bidder must submit all informations/documents on prescribed proforma with each bid. 15. 1% Labour Welfare Cess will be deducted from contractor,s bills. 16. Bidding Document’s General conditions of contract can be seen in the office of concerned Unit Incharge and
concerned General Manager as mentioned in column-8. Bidding Documents can also be downloaded from website: www.uprnn.co.in
General Manager
UPRNN Ltd. Faizabad Zone
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A. INFORMATION & INSTRUCTIONS TO THE BIDDER(I.T.B.)
T e c h n i c a l B i d 1. The application should be type-written. The applicant should sign each page of the
application. 2. Over Writing should be avoided. Correction, if any, should be made by neatly crossing
out, initialing, dating & re-writing. 3. The applicant may furnish any Additional information which he thinks is necessary to
establish its capabilities to successfully complete the envisaged work. He is however advised not to furnish superfluous information. No information shall be entertained after submission of pre-qualification document unless it is called for by the employer.
4. Any information furnished by the applicant found to be incorrect either immediately or at a later date, would render him liable to be debarred from tendering/taking up of work in UPRNN Ltd., Lucknow.
5. The tenderer shall submit as Two-Bid System in accordance with the procedures specified Documents shall be submitted in envelope of appropriate size, which shall be duly sealed.
6. Conditional tender shall not be considered. 7. Tender document are to be submitted in two envelopes marked No-1 shall contain the
technical bid and marked No-2 for price bid (Financial bid).
8. Both envelopes 1 & 2 will kept in one big envelope with name of work, date of tender detail of earnest money and full address and contact number of tenderer.
A. SUBMISSION OF TENDER The Detail of document to be submitted with each envelope is given below:
Envelope marked-1 (Technical Bid) (i- Earnest money of the specified value of Rs. 10.10 Lacs in the shape FDR/Bank
Guarantee of Nationalized bank duly pledged in favour of U.P.Rajkiya Nirman Nigam Ltd., lucknow,U.P. (Appendix – 1)
(ii- Duly filled up Firm’s information appended with the tender. (Appendix – 2) (iii- List of works satisfactorly completed during the last five financial years in Govt./Semi-
Govt./Public Sector undertaking and public and private limited companies along with certificates (Attested copy). (Appendix – 3)
(iv- Proof of liquid assets duly certified by banker as per pre-qualification requirement (original or attested copy will be entertained). (Appendix – 4)
(v- Latest income tax clearance certificate valid till date (original or attested copy) clearly indicating turnover of last five assessment years. (Appendix – 5)
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(vi- List of tools and plants in format enclosed. Batching plant or Ready Mix Plant for design mix concrete and quality control lab house to be established at site along with all necessary tools & plants. (Appendix – 6)
(vii- List of technical staff with their qualification professional experience and length of the service with the firm in enclosed format. At least one graduate Engineer supported by necessary technical supervisory staff shall be engaged at site. (Appendix – 7)
(viii- Attested copy of the partnership deed if it is partnership firm and registration certificate in case of company, sole proprietorship declaration in case of proprietorship firm. Joint ventures shall not be accepted. (Appendix – 8)
(ix- Authority letter, if firm, in favour of the person who has signed the tender document with telephone no. and complete postal address. (Appendix – 9)
Envelope No-2 (Price Bid). (a- Price bid duly filled in all respects in the original tender documents. (b- Non-Judicial stamp paper of Rs. 100/- (Rs. One Hundred Only) of UP along with Rs. 1/-
revenue stamp. B. System to open Tenders:
(a- Envelope No-1 containing the Earnest money and pre-qualification document shall be opened first on specified date & time.
(b- Envelope No-2 containing the sealed price bid, of tenders qualified in technical bid, shall be opened on date intimated with two days notice. The quoted rates of various tenders will be read out. Tenderer, desirous to be present, shall be allowed at the time of opening of price bid.
C. BID PRICES i. The Contract shall be for the Works, based on the priced Bill of Quantities submitted by
the Bidder. ii. The Bidder shall adopt the Percentage Rate Method only. iii. Percentage Rate Method requires the bidder to quote a percentage above/below/AT
PAR of the schedule of rates.
1. SCOPE OF WORK The project involves construction of above mentioned building in accordance with approved drawing and design. Construction of building with specifications laid under including all material and labour required, also including the cost of lift elevator.
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2. ELIGIBILITY a) Earnest money of the value as mention in press notice of column-4 in the shape of
FDR/Bank Guarantee of Nationalized bank duly pledged in favour of U.P.Rajkiya Nirman Nigam Ltd. should be enclosed with the tender.
b) Bidder should experienced in the field of construction of building projects for
Govt./P.S.U.’s Bidders shall have to establish an office at site with the requisite technical and supervisory staff stationed.
c) The contractors must have completed one project of similar nature (Multistoried Building on RCC Framed structure) each costing not less than 80% of tendered amount. Or Two projects of similar nature (Multi-Storied Building on RCC Framed structure) each costing not less than 50% of tendered amount. Or Three projects of similar nature (Multi-Storied Building on RCC Framed structure) each costing not less than 40% of tendered amount.
Similar project work shall mean multistoried building project including RCC framed structure technology, sanitary and electrical works, lift elevator etc. The intending bidder shall submit certificate of the completion of the work executed by them indicating their in the scope and cost of works. Works executed should be furnished in form of annexure-1 appended with the tender documents.
3. Experience certificate issued by the private firms and private builders
shall not be accounted for.
4. The value of Executed works shall be brought to current costing level by enhancing the actual value to work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt of applications for tenders.
a) The minimum annual turnover in any one year should be equal to or more than tendered cost for which bid has been invited, during last five years.
b) The firm should have positive PAT (Profit After Tax) in last three years. c) All the above parameters have to be supported with the audited balance sheet certified
by CA for last five years. d) The applicants not fulfilling the above conditions shall summarily be rejected and shall
not be considered for any further evaluation. e) Bidders who meet the minimum qualification criteria will be qualified only if their
available bid capacity for construction work is equal to or more than the total bid value. The available bid capacity will be calculate as under: Assesses Available bid capacity= (A*N*M-B)
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where A= Maximum value of civil engineering works executed in any one year during the last five years into taking account the completed as well as works in progress.
N= Number of years prescribed for completion of the works for which bids are invited (period up to 6 months to be taken as half-year and more than 6 months as one year.
M= is taken as 2.5 B= Value, at the current price level, of existing commitments and on-going works to be completed during the period of completion of the works for which bids are invited.
Note:- The statements showing the value of existing commitments and on-going works as well as the stipulated period of completion remaining for each of the works listed should be countersigned by the Engineer-in-charge, not below the rank of an Executive Engineer or equivalent.
5. Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have: a) Made misleading or false representations in the forms, statements, affidavits and
attachments submitted in proof of the qualification requirements; and/or b) Record of poor performance such as abandoning the works, not properly completing
the contract, inordinate delays in completion, litigation history, or financial failures etc.
c) Participated in the previous bidding for the same work and had quoted unreasonably high or low bid prices and could not furnish rational justification for it to the Employer.
6. One Bid per Bidder Each Bidder shall submit only one Bid for one work. A Bidder who submits more than one Bid will cause the proposals with the Bidder’s participation to be disqualified.
7. Pre Bid Meeting:- If Pre-bid meeting is to be held, the bidder or his authorized representative is invited to attend it, its date, time and venue (address) are given in tender notice. The purpose of meeting will be to clarify issues. The Bidder is required to submit any question in writing so as to reach the Employer not later than three days before meeting. Non-attendance at Pre-bid meeting will be not be a cause for disqualification for a bidder.
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8. GENERAL CONDITIONS OF WORK All the work shall be carried out as per specification of UPPWD and CPWD as the case may be, latest circular and instruction issued time to time as per instructions of Engineers-in-charge and other inspecting officers. As the concrete mix is more than M20 grade, the mix will be design as per I.S. code and approved by IIT or Government Engineering college at the cost of contractor.
9. EXTENT OF CONTRACT Nigam will sanction time extension to the contractor which the government sanction to the Nigam due to no availabilityof fund, drying and deley in decision of related work.
10. INSPECTIONS OF THE SITE
The bidder (s) must inspect and examine the site of work and its surroundings and satisfy himself/themselves before submitting his/their tender. He/They has/have to make sure of the positions of queries and availability of require material from query mentioned in the specifications, topography of the site availability of labour and material and other amenities before tendering. No claim for additional work or extra work due to any of the above will be allowed.
11. ENTRIES IN TENDER All entries by the bidder should be in one ink and one hand/on prescribed bill of quantity only. Erasers and overwriting are not permissible. All corrections should be neatly written and signed by the bidder. Rate should be written in figures as well as in words. In case there is any variation, lower rate shall be treated as Tender rate.
12. CONDITIONAL/ INCOMPLETE TENDER Conditional, incomplete, unsigned tenders will not be considered. Only those bidders who supply necessary proof/documents of possession of the required equipments in their bids should be considered as responsive for further evaluation.
13. JOINT VENTURES:- Bids for Joint Ventures are not allowed.
14. DEADLINE FOR SUBMISSION OF BIDS a. Complete bids (including technical and financial) must be received by Employer at
address specified in the Appendix-I (Tender Notice) not later than the date and time indicated in Annexure-I. In the event of specified date for submission of bids being declared a holiday for Employer the bid will be received up to the specified time on next working date.
b. The Employer may extend the deadline for submission of bid by issuing an amendment/addendum in news papers.
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15. BID OPENING AND EVALUATION Bid Opening
a) The Employer will open the bids received (accept those received late) in the presence of the Bidder/Bidders representative who choose to attend at the time date and place specified in the appendix. In the event of the specified date for the submission of bids being declared holiday for the Employer, the Bids will be opened at the appointed time and location on the next working day.
b) The envelope containing the Technical bid shall be opened. The envelope marked “Cost of Bidding Document downloaded from the Internet” will be opened first and if the cost of bidding documents is not there or incomplete the remaining bid documents will not be opened, and bid will be rejected.
c) In all other cases, the amount of Earnest Money, forms and validity shall be announced. Thereafter, the bidder’s name and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening
d) Evaluation of the Technical bids with respect to bid security, qualification information and other information furnished in part-1 of the bid in pursuant to eligibility clause as stated above shall be taken up and completed within 10 working days of the date of bid opening, and a list will be drawn up of the responsive bids whose financial bids are eligible for consideration.
e) U.P.R.N.N. shall inform by telegram or fascimal, the bidders whose technical bids are found responsive date, time and place of opening as stated in the Annexure-I. In the event of the specified date being declared a holiday for the Employer, the bids will be opened at the appointed time and location on the next working day through they or their representatives, may attend the meeting of opening of financial bids.
f) At the time of opening of the financial bid the names of the bidders whose bids were found responsive in accordance with clause c(1-10) of this bid document, will be announced. The financial bids of only these bidders will be opened. The remaining bids will be returned unopened to the bidders. The responsive bidders names the bid prices the total amount of each bid and such other details as the Employer may consider appropriate will be announced by the Employer at the time of bid opening. Any bid price which is not read out and recorded will not be taken into account in bid evaluation.
g) U.P.R.N.N. shall prepare the minutes of the opening of the financial bids. h) Information relating i.e. the examination, clarification, evaluation and comparison of
bids and recommendations for the award of the contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. Any attempt by a bidder to influence the employers processing of bids or award decisions may result in the rejection of his bid.
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16. Clarification of bids and contacting the Employer. i) No Bidder shall contact the Employer on any matter relating to its bid from the time
of the bid opening to the time the contract awarded. ii) Any attempt by the bidder to influence the Employer’s bid evaluation, bid
comparison or contract award decision may result in the rejection of his bid.
17. During the detailed evaluation of “Technical bids”, the Employer will determine whether each Bid (a) meets the eligilibility criteria defined in clause c (b) has been properly signed, (c) is accompanied by the required securities, and (d) is substantially responsive to the requirements of the bidding documents. During the detailed evaluation of the “Financial Bids”, the responsiveness of the bids will be further determined with respect to the remaining bid conditions, i.e., priced bid of quantities, technical specifications and drawings.
18. Substantially responsive “Financial Bid” is one that confirms to all the terms conditions and specifications of the bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the works, (b) which limits in any substantial way, in Consistent with the bidding documents, the Employers rights or the Bidder’s obligation under the contract, or (c) whose rectification would affect unfairly the competitive position of the bidder’s representing substantially responsive bids.
19. 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-confirming deviation or reservation.
20. ADDRESS OF CONTRACTOR The contractor shall give his full permanent postal address. The postal receipt of the letters sent to him on this address shall be considered sufficient proof that they have been delivered to him.
21. ACCEPTANCE OF TENDER Subject to conditions of bid document, the Employer will award the Contract to the bidder whose Bid has been determined: i. to be substantially responsive to the bidding documents and who has offered the
lowest evaluated Bid price, provided that such Bidder has been determined to be (a) eligible and (b) qualified in accordance with the provisions of bid document.
ii. to be within the available bid capacity adjusted to account for his bid price which is evaluated the lowest in any of the packages opened earlier than the one under consideration.
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The department shall have the right to accept or reject any or all the tenders or part thereof, to divide the work in parts without assigning any reason to contractor and no claim whatsoever shall be entertained on this account.
22. AWARD OF CONTRACT The bidder whose Bid has been accepted will be notified of the award by the department prior to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter. This letter (hereinafter called the “Letter of Acceptance”) will state the sum that the Employer will pay to the contractor in consideration of the execution, completion by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”). The notification of award will constitute the formation of the Contract, subject only to the furnishing of a performance security in accordance with the provisions of Security money.
23. SECURITY MONEY Within 10 (ten) days after receipt of the Letter of Acceptance, the successful Bidder shall deliver to the department a Performance Security of 5% (five percent) of Contract Price for the period of one year and the time for completion of works . Additional security money of the value of 5% as security for defect liability period of one year from the date of completion shall be deducted from running bills @ 5%. However no deduction shall be made from running bills if the contractor furnishes security money separately for defect liability period. The security shall be either in the form of Bank Guarantee or fixed deposit Receipts, pledged in favour of U.P.Rajkiya Nirman Nigam Ltd., Vibhuti Khand, Gomti Nagar, Lucknow from a Nationalized Bank. Failure of the successful Bidder to comply with the requirements security money shall constitutes sufficient grounds for cancellation of the award and forfeiture of the Earnest Money. He also be debarred from participating future bids under U.P.Rajkiya Nirman Nigam Ltd., Vibhuti Khand, Gomti Nagar, Lucknow.
24. EXECUTION OF AGREEMENT Successful bidder shall have to execute an agreement on stamp paper of value as applicable, through its authorized representative within a week from date of receipt of acceptance letter/ work order. The Agreement will incorporate all agreements between the Employer and the successful Bidder after the performance security is furnished. Required stamp duty for the contract deed will be borne by the contractor.
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25. MOBILIZATION ADVANCE/ADVANCE PAYMENT (i- The Employer will make the following advance payment to the contractor against
provision by the Contractor of an Unconditional Bank Guarantee in prescribed format (as per Appendix-14) by a Nationalized Bank acceptable to the Employer in amounts 110% of the advance payment:
a. Mobilization advance up to 10 percent of the contract price will be paid in at least two installments with interest rate @ 10% P.A. will be charged. The guarantee shall remain effective until the advance payment has been repaid, but the amount of the guarantee shall be progressively reduced by the amounts repaid by the Contractor.
(ii- The advance payment shall be repaid by deducting proportionate amounts otherwise due to the Contractor for the construction work, following the schedule of completed percentage of the work on payment basis. No account shall be taken of the advance payment or the repayment in assessing valuation of work done. Variations. Price adjustments, Compensation events or liquidated damages.
25B. Secured Advance The Contractor shall be entitle to pay 75% of value of material as secured advance
only on those material which is non perishable, non fragile and non combustible
items. The contractor will be responsible for safety and security of the items on
which contractor seeks secured advance otherwise secured advance will be
recovered from the security deposit.
26. RUNNING PAYMENTS Contractor shall be entitled for payment running bills on monthly basis or a lesser period, if required, but not less than 05% of value of contract. The running bills shall be paid within 14 days of submission of bill. The Contractor has to provide the computries (Hard & Soft Copy) bill to the Nigam on the basis of the quantity and rate mentioned in B.O.Q. On the running bill payment 15% of the amount will be deducted on the bill against mobilization advance and 5% as security of the bill amount. The tax will be deducted as per latest provision/circular issued by the Government.
27. TIME OF COMPLETION
The entire works to be completed within specified time from the date of issue of work order including rainy season. If the contractor will not complete the work within the time giving in contract or the work executed by him is not as per quality require of specified specification the nigam will execute the work from other agency. The cost of this work will be deducted from the contractor for which the contractor will be responsive only.
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28. VARIATIONS a) The Engineer shall, having regard to the scope of the Works and the sanctioned
estimated cost, have power to order, in writing, Variations within the scope of the Works he considers necessary or advisable during the progress of the Works. Such Variations shall form part of the Contract and Contractor shall carry them out and include them in updated Programmes produced by the Contractor. Oral orders of the Engineer for various Variations, unless followed by the written confirmation, shall not be taken into account.
b) If rates for variation items are specified in Bill of Quantity, the Contractor shall carry out such work at the same rate. This shall apply for variation only up to the limit prescribed in the contract data. If the variation exceeds this limit, the payment shall be made up to the variation sanctioned by Government/EFC.
iii. If the rates for Variation are not specified in the Bill of Quantities, the Engineer shall derive the rate from similar items in the Bill of Quantities.
29. PROGRAMME AND RETURNS TO BE FURNISHED As soon as practicable, but not later than 7 days after the acceptance of his tender, the contractor shall submit to the Engineer-In-charge for his approval, a time schedule, to carry out works and methodology of carrying out work. The contractor shall whenever required by the Engineer-in-charge, furnish for his information arrangements for carrying out the work. The submission to and approval by Engineer-in-charge of such program or furnishing of such particulars shall not relieve the contractor of any of his duties or responsibilities under the contracts. In addition, the contractor shall have to furnish returns of work done by him, as may be directed by the Engineer-in-charge from time to time.
30. EMPLOYMENT OF LABOUR The contractor shall submit a daily report to the Engineer-in-charge regarding the total labour employed by him for the work and shall be bound to pay wages which shall not less than the wages fixed under Minimum Wages Act.
31. LINE AND LEVELS The contractor shall be solely responsible for setting out the works and for the correctness of the position, levels, dimensions and alignment according to the specification and shall provide all necessary assistance, instruments, pegs, sticks, poles and other materials, required for the purpose. The tender rates shall be deemed to include all this.
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32. EXECUTION a) The contractor shall have to execute various items of works strictly according to
the order and time schedule approved by the Engineer-in-charge. Materials will also be tested as per required frequency of tests.
b) The brought out items if the contractor executed to some other agency. He shall have to take permission from the employer.
c) The contractor has to kept the site clean and all unservicable materials will be kept away from the construction site.
d) All the Electrical, Plumbring, Fire Fighting, AC and any other specified works will executed through license holder. The contractor shall be liable to verfified these license to engineer-in-charge.
33. TECHNICAL STAFF AT SITE OF WORK
The contractor shall have to employ full time technical staff and other supporting staff for supervision of the work of each construction site. Name of the technical staff employed by the contractor shall be intimated in writing to the Engineer-in-charge. Any change of technical staff during the execution of work should be intimated immediately in writing to the Engineer-in-charge.
34. SITE OFFICE The contractor shall establish and maintain a site office under his authorized representative/technical staff. All relevant documents shall be kept in the site office. Site office shall have arrangement electricity, water and required furniture for the Engineering staff of Nigam. Contractor also has to provide a vehicle to the nigam (should not more than two years old) for the smooth construction of work.
35. SITE ORDER BOOK A site order book shall be maintained at the site of work in which instructions shall be given to the contractor as and when necessary. These instructions/orders, shall have to be signed and complied by the Contractor or his authorized representative. The entries in ‘Site Order Book’ shall be treated as proper notice serving upon the contractor in terms of his Contract.
36. LIGHTING ARRANGEMENT
The contractor shall make his own arrangement for water & lights during the fag end of the day in case the work is likely to be delayed due to unavoidable circumstances.
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37. SAMPLES Contractor shall establish laboratory with sufficient arrangement of testing facilities, appliances and laboratory technicians etc. at the site and shall always co-operate in procurement of samples, conduction of tests, as may be directed and no extra payment shall be made for them. Test samples shall be taken carefully in accordance with the I.S.I. method of sampling, no plea shall be entertained on this account. Job Mix Formula for Concrete shall be designed from any reputed authority by the contractor on his cost. In case it is designed by the agency itself it should be checked by third party/ an independent agency.
38. TESTING OF MATERIALS All materials and workmanship shall be of the respective kind described in the contract and in the accordance with Engineer-in-charge instructions and shall be subjected from time to time to the testes mentioned under specifications. The contractor shall provide such assistance, labour and materials as are normally required for examining measuring and testing of the works quantity weight or quality of materials used and shall supply materials, sufficiently in advance for testing as mentioned under specifications. The materials used subsequently for execution of the work shall strictly conform to the quality and sample approved. Necessary test for which facilities are not available locally or at site shall be conducted in the nearest available government controlled Laboratories/Research Institutes, Lucknow or any other reputed technical institution. Cost of such testing and forwarding of sample to the laboratory etc. shall be borne by the contractor and nothing extra shall be paid on this account. Regular quality control test registers shall be maintained by the contractor.
39. ROYALTIES AND TAXES ETC.
The contractor shall pay all royalties, license fee, labour cess and other charge at
query, octroi duties, custom duties, toll taxes, trade tax, service charge and any other
local taxes as may be levied. No passes for octroi or toll levied by local bodies on toll
bridges shall be issued by the department. Rate shall inclusive of the same. Nothing
extra shall be paid due to fluctuations in the cost of materials, machines bitumen,
P.O.L., labour and all types of taxes etc.
40. COMPLIANCE WITH LOCAL BYE LAWS
The contractor shall throughout the continuance of the contract and in respect of all
matters arising out of performance their off, confirm with all required regulating and
bye-laws of the local or other authorities which may be applicable to the works.
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41. ROAD TRANSPORT
The contractor employing motor vehicles for transport of material shall abide by
provisions of the Motor Vehicles Act.
42. SAFETY CODE
The contractor must ensure to arrange rigid scaffolding or staging, working platforms, gangways and stairway with safe means of excess shall provide to all working places including Hoisting Machines with proper attachments and regular maintenance with all other safety measures. All necessary personal safety equipments as considered adequate by the Engineer should be kept available for the use of the person employed on the site and maintained in a condition suitable for immediate use, and the contractor should take adequate steps to insure proper use of equipments for those concerns.
43. FIRST AID At every work place there shall be maintained, in readily accessible place, first aid appliance including an adequate supply of sterilized dressings and sterilized cotton wool. The appliance shall be kept in good order and in large work place they shall be readily available during working hours.
44. DAMAGES BY RAINS, ACCIDENTS OR NATURAL CALAMITIES No payment will be made to the contractor for damage caused by rains, accidents or other natural calamities during the progress of work. No claim what so ever shall be entertained on this account. The contractor shall be responsible for all injury to the work or workmen to persons or things and for all damages to the structure. The contractor shall reinstate all damage of every sort mentioned in this clause, so as to deliver the whole of the contract works complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damages to the property or third parties. The contractor shall effect the insurance necessary and indemnify the Employer entirely from all responsibilities in this respect. The insurance must be placed with a company of repute with scope of insurance to include all damages or loss.
[
45. DEFAULT OF CONTRACTOR IN COMPLIANCE Continuous denied to follow the instructions of the Engineer-in–charge on the part of the contractor or his authorized agent will make the contract liable to be terminated. The contractor shall not do any correspondence regarding work or regarding land etc to client of Nigam. If he will writes such type of letters for which the image of Nigam is effected, the Nigam will take action against the contractor.
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46. TERMINATION 1) The Employer may terminate the Contract if the Contractor causes a fundamental breach
of the Contract. 2) Fundamental breaches of Contract shall include, but shall not be limited to, the following:
a) the contractor stops work for 28 days when no stoppage of work is shown on the current Programme and the stoppage has not been authorized by the Engineer;
b) the Contractor is declared as bankrupt or goes into liquidation other than for approved reconstruction or amalgamation.
c) The Nigam contract will be terminated by the concern department. This contract shall be terminated by the Nigam with immediate effect. The contractor shall not be liable to any claim from the Nigam.
47. CLEARANCE OF SITE ON COMPLETION The contractor shall at all times keep the premises free from accumulated materials or rubbish caused by his employees on the works and on completion of the work, he shall clear away and remove from site all surplus materials, rubbish and temporary work of any kind and fill up borrow pits dug by him. He shall leave whole of the site and work clean and in a workmanlike condition to the entire satisfaction of the Engineer-in-charge.
48. ARBITRATION Disputes Resolution & Arbitation Clause:-The parties shall use their best to settle amicably all disputes arising out of or in connection with this agreement in the manner specified in this clause, including any-resolved controversy of dispute(s) arising out of or in connection with this agreement existence, interpretation, performance or termination. The party raising the dispute shall address to the other party a notice requesting an amicable settlement of the dispute with ten (10 days from the existence of the dispute, the matter will then be reffered for resolution by and between bidder and UPRNN the dispute shall be resolve by them and the agreed course of action documented within a further period of twenty(20) days. Any dispute between the parties that can be settled amicable in the manner described above within thirty(30) days after receipt by one party of the other parties request for such amicable settlement may be referred by either party to arbitration. The seat of arbitration shall be lucknow. The arbitration shall be conducted in accordance with the provisions of the arbitration shall be conducted in accordance with the provision of the arbitration and conciliation act, 1996 and any statutory modification or re-enactment there of. Each party to the dispute shall appoint one arbitrator each and the two arbitrators shall appoint the third or the presiding arbitrator (umpire). The arbitration proceedings shall be conducted in English or Hindi language. The arbitral award shall be final and binding upon the parties and judgement may be entered there on, upon the applications of either party to a court having jurisdiction as pert this agreement. Each party shall bear the cost of preparing and presenting its own case, and the cost of arbitration, including fees and expenses of the arbitration, shall be shared equally by the parties unless the award otherwise provides.
49. DEFECTS AFTER COMPLETION The contractor shall make good at his own cost and to the satisfaction of the employer all defects, shrinkage, settlements or other faults which may appear within 12 months after completion of the work.
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50. ESCALATION Payment shall be made subject to available of the fund receive from client (may be in phased
manner), in no case expenditure will be made in excess of the funds receive from client. However
in case of non availability of fund from Govt. If the completion of the project is delayed beyond
the date as specified in the contract and due to this reason the cost revision has been sanctioned
and released by th Govt to UPRNN. The escalation claim of the contractor (in there is any) be
considered. i.e. the rate approved by government EFC or the basis current SOR/DSR.
51. Milestones to be achieved during the contract period a) 1/8th of the value of entire contract work up to ¼ th of the
period allowed for completion of construction. b) 3/8th of the value of entire contract work up to ½ of the
period allowed for completion of construction. c) 3/4th of the value of entire contract work up to ¾ th of the
period allowed for completion of construction.
52. LIQUIDATED DAMAGES Amount of liquidated damages for For Whole of work 1 percent of the Initial delay in completion of works Contract Price, rounded of to the nearest
thousand, per week. Maximum limit of liquidated damages 10 percent of the Initial Contract Price for delay in completion of work. rounded off to the nearest thousand. The authorized person to make payments is Project Manager or Unit Incharge of Unit.
22
PROFORMA’S
FOR
TECHNICAL BID
23
Appendix - 1 I . Details of Earnest money Enclosed (Duly Pledged in favour of U.P.Rajkiya Nirman Nigam Ltd, Vibhuti khand, Gomti Nagar, Lucknow)
1. FDR/NSC/CDR/D.D. No……. Date: Name of Issuing Post Office/Bank
2. Bank Guarantee Amount Bank Guarantee no Name and Address of Issuing Branch and Date
Signature of Bidder
24
Appendix - 2
General Information 1) Name of the firm
2) Address
3) Contact Person
Phone
Fax
Cell Phone
4) Place and year of incorporation of the firm
5) Registration No. (copy to be enclosed)
6) Details of registration (State PWD/CPWD/MES)
a) Class
b) State
c) Date of Registration
d) Validity
7) Constitution of the firm (Pvt. Ltd., Public, Proprietary etc.)
8) Name and qualification of the Chief Executive of the firm.
Organization Structure of the Firm
Technical Chief of the Organization
a. Name
b. Designation
c. Address
d. Telephone
Fax
Mobile
e. Qualification
f. Experience in years as well as projects (attached C.V
Signature of Bidder
25
Appendix - 3
Details of Projects handled
1) Details of completed projects each with an outlay or more than 80% Tendered cost (i- last five years (2009-10 to 2013-14)
(Furnish in Annexure I) (Completion certificates must be enclosed)
Project/ Work Name
Name of the
Client, Place and
State
Description of Works
Value of Contract
(Rs. In lacs)
Stipulated time of
completion
Actual time of
completion
Remarks, Explain reasons
for delay, if any
2) Details of existing commitments and ongoing projects
(i- 50% of Tendered cost (ii- 40% of Tendered cost
Project/ Work Name
Name of the Client, Place and
State
Value of Contract
(Rs. In lacs)
Stipulated time of
completion
Date of
Start
Date of Completion
Value of Works
Remaining to be
completed
Anticipated time of
completion
Signature of Bidder
26
Appendix - 4
Format for availability of Credit Facilities BANK CERTIFICATE This is to certify that M/S ………………………………………………………………………………………………. is a reputed Company with a good financial Standing. If the contract for the work namely…………………………….. ………………………………….overdraft/Credit facilities to the extent of Rs …………………………………………………. to meet their working capital requirements for executing the above Contract. Sign of Bank Manager Name…………………………………………. Address of the Bank Stamp Note:- Certificate should be on the letter head of the Bank.
27
Appendix - 5
Financial Information 1) Turnover for the last five years (Civil Engineering Works)
Sl. No. Year Turnover (Rs. In lacs) Remarks
1 2010-11
2 2011-12
3 2012-13
4 2013-14
5 2014-15
Enclose certificate from the concerned Officer not below the rank of Chief Account Officer/Finance controller in the case of Govt. or from Chartered Accountant in the case of Private Organizations.
2) Permanent Account Number (IT)
3) Service Tax registration number 4) Income Tax clearance certificate
(Enclose copies for the last five years) Signature of Bidder
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Appendix - 6 Details of Machinery and Equipment owned
Name of Equipment
Nos. Capacity/Size Age/ Condition
Owned/Leased or to be
Purchased
Signature of Bidder
29
Appendix- 7
Details of Important Technical Personnel to be provided as in II above
Qualification of technical personnel proposed for the Contract.
Position Name Qualification Years of experience
Road Works
Building Works
Other
Signature of Bidder
30
Appendix- 8 Attested copy of the partnership deed if it is partnership firm and registration certificate in case of company, sole proprietorship declaration in case of proprietorship firm. Joint ventures shall not be accepted.
SIGNATURE OF BIDDER
31
Appendix- 9 Authority letter, if firm, in favour of the person who has signed the tender document with telephone no. and complete postal address.
SIGNATURE OF BIDDER
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Appendix-10
Standard Form of Agreement
Notes on Standard Form of Agreement The Agreement should incorporate any corrections or modifications to the Bid resulting
from correction of errors
Standard Form : Agreement
Agreement
This agreement, made the day of…………….of 2014…………………………………………….
Unit, U.P.R.N.N. ………………………………
(hereinafter called “the Employer”) of the one part, and
------------------------------------
-------------------------------
-------------------------------
*name and address of Contractor+ (hereinafter called “the Contractor” of the other part)
Whereas the Employer is desirous that the Contractor execute the Work of……………………
District-………………… (hereinafter called “the Works”) and the Employer has accepted the Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein at a cost if Rupees……………… *Rs………………………..only+.
NOW THIS AGREEMENT WITNESSETH as follows:
1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all aspects with the provisions of the Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and remedying the defects wherein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and un the manner prescribed by the Contract.
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4. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz:
i) Letter of Acceptance;
ii) Notice to proceed with the works;
iii) Contractor’s Bid;
iv) Contract Data;
v) Special Conditions of Contract and General Conditions of Contract;
vi) Specifications
vii) Drawings;
viii) Bill of Quantities;
ix) Any other document listed in the Contract Data as forming part of the contract.
In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written.
The Common Seal of
Project Manager/ Unit Incharge
Unit- …………………..UPRNN
District
Was hereunto affixed in the presence of;
Signed, Sealed and Delivered by the said To,
In the presence of: Assistant Resident Engineer/ Resident Engineer
Binding Signature of Employer authorized representative
Project Manager/ Unit Incharge
Unit- …………………..UPRNN
District
Binding Signature of Contractor
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Appendix-11
Form of Bid
Notes on Form of Bid The Bidder shall fill in and submit this form with the Bid.
………………………..Date
To [Name of Employer] U.P. Rajkiya Nirman Nigam Ltd, Lucknow represented by
Project Manager………………………………………..Unit…………………………………………………………………………
Address………………………………………………………………………………………………………………
Description of Works……………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………
1. I/We offer to execute the work described above and remedy any defects therein conformity with the condition of contract, specifications, drawings, Bill of Quantity and Addenda for
a) For percentage rate……………………………percentage below/percentage above/at par with the rate entered in the schedules of rate, as referred to in clause C page-4 (Bid Prices) of ITB.
2. We undertake to commence the work on receiving the notice to proceed with work in accordance with the contracts documents.
3. This Bid and your written acceptance of itself constitute a bidding contract between us. We understand that you are not bound to accept the lowest or any bid you receive.
We hereby confirm that this bid complies with the bid ability and earnest money required by the bidding documents and specified in the appendix to ITB.
Authorized Signature:………………………………………………………………………………………………………………….
Name of Title of Signatory………………………………………………………………………………………………………….
Name of Bidder………………………………………………………………………………………………………………………….
Authorized Address of Communication:……………………………………………………………………………………..
…………………………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………………………….
Telephone No. (s):(office):………………………………………………………………………………………………………….
Mobile No :…………………………………………………………………………………………………………………………………
Facsimile (FAX) No.:…………………………………………………………………………………………………………………….
Electronic Mail Identification (E- Mail ID)…………………………………………………………………………………...
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Appendix-12
OFFICE OF THE PROJECT MANAGER
…………………………………………….Unit,
District………………………………………..
No……………………………….. Dated……………………………
LETTER OF ACCEPTANCE
To, M/s………………………………………….. ………………………………………………… …………………………………………………
This is to notify you that on behalf of the Employers the Project Manager………………………….………………….Unit, U.P.R.N.N Ltd…………………….has accepted your bid dated……………………………for Execution of the District………………………….for the Contract Price of Rs………………………………………..(Rs. …………………………………………………………………….only) is hereby accepted by our Agency. You are hereby requested to furnish Performance Security, in the form detailed in Cl. 23 of ITB for an amount of Rs. ……………………..(Rs. …………………………………………………………………………..)Within 10 days of the receipt of this letter of acceptance valid up to 45 days from the date of expiry of Defects Liability Period (i.e. up to …………………………………..) and sign the contract, failing which action as stated in Cl. 23 of ITB will be taken.
Yours faithfully
Project Manager
………………………………………Unit,
District…………………………………
No. & Dated as above
Copy of G.M. …………………………………………………………………….for information and necessary action.
Project Manager
………………………………………Unit,
District…………………………………
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Appendix-13
OFFICE OF THE PROJECT MANAGER
……………………….Unit, District…………………………
Issue of Notice to proceed with the work
Letter No. ………………………… Dated……………………………
To,
………………………………………………..
…………………………………………………
…………………………………………………
Dear Sir,
Pursuant to your furnishing the requisite performance security as stipulated in ITB
Clause and signing of the contract for the construction of ………………………………………………………
For Distt. …………………………………………………………………..you are hereby instructed to proceed with
The execution of the said work in accordance with the Contract documents.
Your’s faithfully
Project Manager
………………………………………Unit,
District…………………………………
37
Appendix-14 (d) Form of unconditional Bank guarantee for advance payment.
BANK GUARANTEE FOR ADVANCE PAYMENT
To, Project Manager, ………………………………………Unit, District………………………………….
Gentiemen : In accordance with the provisions of general conditions of Contract , clause 45 (“Advance Payment”) of the above mentioned contract, ……………………………………………………………………………..…………………………………………………………………… [Name and addresses of contractor+ (hereinafter called “the Contractor) shall deposit with performance under the said clause of the contract in the amount of ………………………………………….*amount of guarantee’+ …………………………………………………………………………………*in words+. We, the ……………………………………………..*bank or financial institution+, as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to …………………………………………………………………..*Name of Employer]on his first demand without whatsoever right of objection on our part and without his firstclaim to the contract, in amount not exceeding ………………………………………………………………………….[amount of guarantee+*…………………………………………………… . We further agree that no change or addition to or other modification of the term of thecontract or of works to be performed there under or of any of the contractor documents whichmay be released us from any liability under this guarantee, and we hereby waive notice of anysuch change, addition or modification. 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 truly, Signature and seal : …………………………………….. Name of Bank/Financial Institution : ……………. Addresses : …………………………………………………… Date : …………………….
* An amount shall be inserted by the Bank or Financial Institution representing the amount of the advance payment and denominated in Indian Rupees.
38
Appendix-15
PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT (ON NON JUDICIAL PAPER OF APPROPRIATE VALUE)
Bank Guarantee No. & date……………………………….. Guaranteed Amount: Rs……………………………….. Date of Expiry: Name of Work: Govt ITI Jaisinghpur Distt Sultanpur
To, U.P. Rajkiya Nirman Nigam Ltd. Vishveshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow. Dear Sir, M/s………………(Tender Name and Address)…………..wish to submit their bid for award of work for Construction of Government Engineering College, Mainpuri. as per prescribed terms and conditions of the tender document, and is due for submission by……………2013. The Tender conditions require the intending tenderer to submit a sum of Rs. 30 Lacs as DD/CDR/NSC and rest amount in the shape of Bank Guarantee as Earnest Money Deposit. This includes Bank Guarantee executed by Nationalized Bank, on behalf of Intending Tenderer, undertaking full responsibilities to indemnify the U.P. Rajkiya Nirman Nigam Ltd., Lucknow in case of default of the prescribed terms and conditions of the said Tender. M/s………………(Tender Name and Address)…………..has, in view of the above, approached us and at their request and in consideration of the promises, we,…………..(Bank Name) having our office at………………..(Address)……………have agreed to give such guarantee as hereunder mentioned:-
1. We (Name of Bank)……………….., do hereby undertake and agree to pay to you, on demand, in such manner as you may direct, full amount of Rs. ……………………......or part thereof, in the event of any default made by M/s…………….….(Tender Name and Address)……………..in performing any of the terms and conditions of the tender and against any loss or damage caused to or suffered or would be caused to or suffered by the U.P.Rajkiya Nirman Nigam Ltd, Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow by reason of any breach of the terms and conditions of the tender referred above.
2. We (Name of Bank)……………., do hereby undertake to pay the amounts due and payable under the Guarantee without any demur, merely on demand from the U.P.Rajkiya Nirman Nigam Ltd, Lucknow stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Nigam by reason of breach by the said bidder of any of the terms and conditions submitted by the bidder or by reason of failure to perform the said commitment. Any such demand made of the Bank shall be conclusive with regard to the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ……………………….. .
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3. We undertake to pay the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow any money so demanded not withstanding any dispute or disputes raised by the bidder in any suit or proceeding pending before any court or tribunal relating thereto or liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the bidders shall have no claim against us for making such payment.
4. We (Name of Bank)…………., further agree that guarantee herein contained shall remain in full force and effect during the specified period that would be taken for the performance of the said commitment and for any liability which may arise during its legal validity. It shall continue to be enforceable till all the dues of the Government under or by virtue of the said commitment have been fully paid and its claims satisfied or discharged or till U.P.Rajkiya Nirman Nigam Ltd, Gomti Nagar, Lucknow certifies that the Terms & Conditions of the said commitment have been fully and properly carried out by the said bidder and accordingly discharges this guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before……….., we shall be discharged from all liabilities under this guarantee thereafter.
5. We (Name of Bank)………., further agree, that the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow shall have fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary the Terms & Conditions of the said Tender Enquiry or to extend time of performance by the said bidder from time to time or to postpone for any time or from time to time any of the powers exercisable by the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow against the said bidder and to forbear or enforce any of the Terms & Conditions relating to the said Tender Enquiry and we shall not be relieved from our liability by reason of such variations or extensions being granted to the said bidder or for any forbearance, act or omission on the part of U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow or any indulgence by the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow with the said bidder or any such matter or thing whatsoever which under the law relating to sureties would, but for the provision, have effect of so relieving us.
6. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or changes in the constitution or insolvency of the said bidder but shall in all respects and for all purposed be binding and operative until payment of all money due to you in respect of such liabilities is paid.
7. This guarantee will not be discharged due to the change in constitution of Bank. 8. We (Name of Bank)………., lastly undertake not to revoke this guarantee during the currency
except with the previous consent of the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow in writing.
Yours faithfully,
……………………Bank By its Constituted Attorney
Signature of a person duly authorized to sign On behalf of the Bank. Dated:………………….
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Contract Data 1. The Employer is : U.P. Rajkiya Nirman Nigam Ltd.
Designation : Managing Director Name of authorized Representative: Unit Incharge ………………………. Telephone No. (s): (Office) ……………………………. Mobile No. ………………………………….. Facsimile (FAX) No. …………………………. Electronic mail Identification (E-mail ID) : …………………………………………….
2. The Engineer is Designation : Unit Incharge (PM/APM/RE) Address : ………………………………… Telephone No. (s) (Office) …………………………………………. Mobile No. ………………………………………. Facsimile (FAX ) No. …………………………………. Electronic mail Identification (E-mail ID) : …………………………………………….
3. The Intended Completion date for the whole of the Works is ……………………. after start of work. 4. The Site is located : with in Distt. …………………….. 5. The Start Date shall be Nil days after the date of issue of the Notice to proceed with the work. 6. The following documents also form part of the Contract. 7. (a) The law which applies to the Contract is the law of Union of India.
(b) The language of the Contract is attached. 8. The Schedule of Other Contractors is attached. 9. The period for submission of the programme for approval of Engineer shall be TEN days from the issue of
Letter of Acceptance. 10. The updated programme shall be submitted at interval of 60 days. 11. The amount to be withheld for late submission of an updated programme shall be Rs. 10,000=00 per day for
contract value upto 2 Crore and Rs. 20,000=00 per day contract value above Rs. 2 Crores. 12. No. increase in rates of any items specified in bill of Quantities is allowed due to variation in quantities. 13. The authorized person to make payment Project Manager. 14. The amount to be withheld for failing to supply “as-built” drawings by the date required is Rs. One Lacs. 15. (a) The period of setting up a field laboratory with the prescribed equipment is 7 (Seven) days from the days
From the date of notice to start work. (b) The following events shall also be fundamental breach of contract. “The Contractor has contravened Clause 7.1 and Clause 9 of Part I General Conditions of Contract.
16. The percentage to apply to the value of the work not completed representing the Employer’s additional cost of completing the works shall be 20%
17. Milestones to be achieved during the contract period a) 1/8
th of the value of entire contract work up to ¼
th of the
period allowed for completion of construction. b) 3/8
th of the value of entire contract work up to ½ of the
period allowed for completion of construction. c) 3/4
th of the value of entire contract work up to ¾
th of the
period allowed for completion of construction. 18. LIQUIDATED DAMAGES
Amount of liquidated damages for For Whole of work 1 percent of the Initial delay in completion of works Contract Price, rounded of to the nearest
thousand, per week. Maximum limit of liquidated damages 10 percent of the Initial Contract Price
for delay in completion of work. rounded off to the nearest thousand. The authorized person to make payments is Project Manager or Unit Incharge of Unit.
41
General Conditions of Contract A. General
1. Definitions
1.1 Terms
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
Compensation Events are those defined in Clause 40 hereunder.
The Completion Date is the date of completion of the Works as certified by the Engineer, in accordance with Clause 48.1
The Contractor is a person or corporate body whose Bid to carry out the Works, including routine maintenance, has been accepted by the Employer. The Contractor’s Bid is the completed bidding document submitted by the Contractor to the Employer. The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. Days are calendar days, months are calendar months.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects Liability Certificate is the certificate issued by Engineer, after the Defect Liability Period has ended and upon correction of Defects by the Contractor.
The Defects Liability Period is one year’s calculated from the completion Date.
Drawings include calculations and other information provided or approved by the Engineer for the execution of the Contract.
The Employer is U.P.R.N.N., who employs the Contractor to carry out the Works, including routine maintenance. The Employer may delegate any or all functions to a person or body nominated by him for specified functions.
The Engineer is the person/ any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Engineer who is responsible for supervising the execution of Works and administering the Contract.
Equipment is the Contractor’s machinery and vehicles brought temporarily to the site to construct the Works.
The Initial Contract Price is the Contract Price listed in the Employer’s Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date 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.
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Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.
The Site is the area defined as such in the Contract.
Site Investigation Reports are those that were included in the bidding documents and are reports
about the surface and subsurface conditions at the Site.
Specifications means the Specification of the Works included in the Contract and any
modification or the addition made or approved by the Engineer.
The Start Date is given in the Contract. It is the date when the Contractor shall commence
execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.
A Sub-Contractor is a person or corporate body who has a Contractor to carry out a part of the
construction work in the Contract, which includes work on the Site.
Temporary Works are works designed, constructed, installed and removed by the Contractor that
are needed for construction or installation of the Works.
A Variation is an instruction given by the Engineer, which varies the Works.
The Works, as defined in the Contract Data, are what the Contract requires the Contractor to
construct, install, maintain and turn over to the Employer. Routine maintenance is defined
separately.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter, and the other way around. Headings have no significance. Words have their
normal meaning under the language of the Contract unless specifically defined. The Engineer will
provide instructions clarifying queries about these Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and Intended Completion
Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of priority:
1) Agreement,
2) Notice to Proceed with the Work,
3) Letter of Acceptance,
4) Contractor’s Bid,
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5) Special Conditions of Contract Part II,
6) General Conditions of Contract Part I,
7) Specifications,
8) Drawings,
9) Bill of Quantities, and
10) Any other document listed in the Contract Data.
3. Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the Contract
Data.
4. Engineer’s Decision
4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in the role representing the Employer. However, if the
Engineer is required under the rules and regulations and orders of the Employer to obtain
approval of some other authorities for specific actions, he will so obtain the approval.
4.2 Except as expressly stated in the Contract, the Engineer shall not have any authority to
relieve the Contractor of any of his obligations under the contract.
5. Delegation
5.1 The Engineer, with the approval of the Employer, may delegate any of his duties and
responsibilities to other people, after notifying the Contractor, an d may cancel any delegation
after notifying the Contractor.
6. Communications
6.1 All Certificate, notices or instructions to be given to the contractor by the Employer/
Engineer shall be sent on the address or contact details given by the contractor in section 6-
Form of Bid. The address and contact details for communications with the Employer/Engineer
shall be as per the details given Contract Data to GCC. Communications between parties that are
referred to in the conditions shall be in writing. The Notice sent by facsimile (fax) or other
electronic means shall be effective on confirmation of the transmission. The Notice sent by
Registered post or Speed post shall be effective on delivery or at the expiry of the normal
delivery period as undertaken by the postal service.
7. Subcontracting
7.1 The contractor may subcontract part of the construction work with the approval of the
Employer in writing, upto 25% of the contract price but will not assign the Contract.
Subcontracting shall not alter the contractor’s obligations.
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7.2 Beyond what has been stated in clauses 7.1, if the contractor proposes sub contracting
any part of the work during execution of the works, because of some unforeseen circumstances
to enable him to complete the work as per terms of the contract, the Employer will consider the
following before according approval:
a) The Contractor shall satisfy himself before recommending to the employer whether
b) The Contractor shall not sub-contract any part of the work without prior consent of the
Employer. Any such consent shall not relieve the contractor from any liability or obligation under
the contract and he shall be responsible for the acts, defaults and neglects of any his sub-
contractor, his agents or workmen as fully as if they were the acts, defaults or neglects of the
Contractor, his agents and workmen.
7.3 The Engineer should satisfy himself before recommending to the Employer whether
a) The circumstances warrant such sub-contracting: and
b) The sub-contractor so proposed for the work possess the experience, qualification and
equipment necessary for the job proposed to be entrusted to him in proportion of the Quantum
of works to be sub-contracted.
8. Other Contractors
8.1 The contractor shall co-operate and share the site with other contractors. Public authorities
utilities, and the employer between the dates given in the schedule of other contractors, as
referred to in the contract data. The contractor shall also provide facilities and services for them
as described in the schedule. The employer may modify the schedule of other contractor, and
shall notify the contractor of any such modification.
8.2 The contractor should take up the work in convenient reaches as decided by the Engineer to
ensure there is least hindrance to the smooth flow of traffic including movement of vehicles and
equipment of other contractors till the completion of the works.
9. Personnel
9.1 The contractor shall employ for the construction work and routine maintenance the
technical personnel named in the Contract Data or other technical persons approved by the
Engineer. The Engineer will approve any proposed replacement of technical personnel only if
their relevant qualifications and abilities are substantially equal to or better than those of the
personnel stated in the Contract Data.
9.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor’s
staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the
Site within seven days and has no further connection with the Works in the Contract.
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9.3 The Contractor shall not employ any retired Gazetted officer who has worked in the
Engineering Department of the State Government and has either not completed two years after
the date of retirement or has not obtained State Government’s permission to employment with
the Contractor.
10. Contractor’s Risks
10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the
Contractor carries the risks that this Contract states are Contractor’s risks.
11. Employer’s Risks
11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly
affect the execution of the Works in the Employer’s country, the risks of war, invasion, act of
foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot
commotion or disorder (unless restricted to the Contractor’s employees), natural calamities and
contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a
cause due solely to the design of the Works, other than the Contractor’s design.
12. Contractor’s Risks
12.1 All risks of loss or damage to physical property and of personal injury and death which arise
during and in consequence of the performance of the Contract other than the excepted risks,
referred to in clause 11.1, are the responsibility of the Contractor.
13. Insurance
13.1 The Contractor at his cost shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the date of completion, in the amounts and
deductibles stated in the Contract Data for the following events which are due to the
Contractor’s risks.
a) loss of or damage to the Works, Plant and Materials;
b) loss of or damage to equipment;
c) loss of or damage to property (except the Works, Plants, Materials and Equipment) in
connection with the Contract; and
d) Personal injury or death.
13.2 Insurance policies and certificates for insurance shall be delivered by the Contractor to the
Engineer for the Engineer’s approval before the completion date/ Start Date. All such insurance
provide for compensation to be payable in Indian Rupees to rectify the loss or damage incurred.
13.3 (a) The contractor at his cost shall also provide, in the joint names of the Employer and the
Contractor, insurance cover from the date of completion to the end of defect liability period, in
the amounts and deductibles stated in the Contract Data for the following events which are due
to the Contractor’s risks.
(b) Personal injury or death.
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13.4 Insurance policies and certificates for insurance shall be delivered by the Contractor to the
Engineer for the Engineer’s approval before the completion date/Start date. All such insurance
shall be provide for compensation to be payable in Indian Rupees.
13.5 Alterations to the terms of insurance shall not be made without the approval of the
Engineer.
13.6 Both parties shall comply with any conditions of the insurance policies.
14. Site Investigation Reports
14.1 The Contractor, in preparing the Bid, may rely on any Site Investigation Reports referred to
in the Contract Data, supplemented by any other information available to him, before submitting
the bid.
15. Queries about the Contract Data
15.1 The Engineer will clarify queries on the Contract Data.
16. Contract to Construct the Works
16.1 The Contractor shall construct, and install and maintain the Works in accordance with the
Specifications and Drawings.
16.2 The Contractor shall construct the works with intermediate technology, i.e., by manual
means with medium input of machinery required to ensure the quality of works ae per
specifications. The contractor shall deploy the equipment and machinery a given in Contract
Data.
17. The Works to be Completed by the Intended Completion Date
17.1 The Contractor may commence execution of the Works on the Start Date and shall carry
out the Works in accordance with the Programme submitted by the Contractor, as updated with
the approval of the Engineer, and complete them by the Intended Completion Date.
18. Approval by the Engineer
18.1 The contractor shall submit Specifications and Drawings showing the proposed Temporary
Works to the Engineer, who is to approve them.
18.2 The contractor shall be responsible for design of Temporary Works.
18.3 The Engineer’s approval shall not alter the Contractor’s responsibility for design the
Temporary works.
18.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works,
where required.
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18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Engineer before their use.
19. Safety
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
20. Discoveries 20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site shall be the property of the Employer. The Contractor shall notify the Engineer of such discoveries and carry out the Engineer’s instructions for dealing with them.
21. Possession of the Site 21.1 The Employer shall handover complete or part possession of the site to the Contractor 7 days in advance of construction programme. At the start of the work, the employer shall handover the possession of at-least 75% of the site.
22. Access to the Site 22.1 The Contractor shall allow access to the Site and to any place where work in connection with the Contract is being carried out, or is intended to be carried out to the engineer and any person/persons/agency authorized by:
a. The Engineer b. The Employer
23. Instructions 23.1 The Contractor shall carry out all instructions of the Engineer, which comply with the applicable laws where the Site is located.
24. Dispute Redressal System 24.1 If any dispute or difference of any kind what-so-ever shall arises in connection with or arising out of this Contract or the execution of Works or maintenance of the Works there under, whether before its commencement or during the progress of Works or after the termination. Abandonment or breach of the Contract, it shall, in the first instance, be referred for settlement to the competent authority, described along with their powers in the Contract Data, above the risk of the Engineer, The competent authority shall within a period of a forty-five days after being requested in writing by the Contractor to do so, convey his decision to the Contractor. Such decision in respect of every matter so referred shall, subject to review as hereinafter provided, be final and binding upon the Contractor. In case the Works if already in progress, the Contractor shall proceed with the execution of the Works, including maintenance thereof, pending receipt of the decision of the competent authority as aforesaid, with all due diligence. 24.2 Either party will have the right of appeal, against the decision of the competent authority, to the arbitration if the amount appealed exceeds rupees one lakh.
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25. Procedure for Resolution of Disputes 25.1 The Competent Authority mentioned in clause 24.1 shall give a decision in writing within 45 days of receipt of a notification of a dispute. 25.2 Either party may refer a decision of the Competent Authority to Arbitration within 28 days of the Competent Authority’s written decision Arbitration shall be under the Arbitration and Conciliation Act 1996. If neither party refers the dispute to Arbitration within the above 28 days, the Competent Authority’s decision will be final and binding. 25.3 The Arbitration shall be conducted in accordance with the following procedure, in case Initial Contract Price is more than Rs. 5 Crore or the Contractor is a Foreign Contractor, who has bid under ICB:-
a) In case of a decision of the Competent Authority in a dispute or difference arising between the Employer and a Contractor relating to any matter out of or connected with this Agreement, the matter will be referred to an Arbitral Tribunal. The Arbitral Tribunal shall consist of three Arbitrators, one each to be appointed by the Employer and the contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the parties and shall act as presiding Arbitrator. In case of failure of the two Arbitrators appointed by the parties to reach upon a consensus within a period of 30 days from the appointment of the Arbitrator appointed subsequently, the Arbitrator shall be appointed by the Chairman of the Executive Committee of the Indian Roads Congress.
b) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) above
within 30 days after receipt of the notice of the appointment of its arbitrator by the other party, then the Chairman of the Executive Committee of the Indian Roads Congress shall appoint the arbitrator. A certified copy of the order of the Chairman of the Executive Committee of the Indian Roads Congress, making such an appointment shall be furnished to each of the parties.
c) The decision of the majority of arbitrators shall be final and binding upon both parties. The cost and expenses of Arbitration proceedings will be paid as determined by the Arbitral Tribunal. However, the expenses incurred by each party in connection with the preparation, presentation etc. of its proceedings as also the fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be borne by each party itself.
25.4 Where the Initial Contract Price as mentioned in the Acceptance Letter is Rs.5 Crore and below, disputes and differences in which an Adjudicator has given a decision shall be referred to a sole Arbitrator. The sole Arbitrator would be appointed by the agreement between the parties; failing such agreement within 15 days of the reference to arbitration, by the appointing authority, namely the Chairman of the Executive Committee of the Indian Road Congress. 25.5 Arbitration proceedings shall be held at_Lucknow(U.P.), India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English.
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25.6 Performance under the contract shall continue even after references to the arbitration and payments due to the contractor by the Employer shall not be withheld, unless they are the subject matter of the arbitration proceedings. 25.7 If any dispute arises between parties to the Contractor it shall be under the jurisdiction of Civil Court at Lucknow. B. TIME CONTROL
26. Programme 26.1 Within the time stated in the Contract Data, the Contractor shall submit to the Engineer for approval a Programme showing the general methods, arrangements, order and timing for all the activities in the Works, along with monthly cash flow forecasts for the construction of works. 26.2 The Contractor shall submit the list of equipment and machinery being brought to Site, the list of key personal being deployed, the list of machinery/equipments being placed in field laboratory and the location of field laboratory along with the programme. The Engineer shall cause these details to be verified at each appropriate stage of the programme. 26.3 An update of the Programme shall be a programme showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining Works, including any changes of the sequence of the activities. 26.4 The Contractor shall submit to the Engineer for approval an update programme at intervals of 60 days no longer than the period stated in the Contract Data. If the Contractor does not submit an updated programme within this period, the Engineer may withhold the amount stated in the Contract Data from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue programme has been submitted. 26.5 The Engineer’s approval of the programme shall not alter the Contractor’s obligations. The contractor may revise the programme and submit it to the engineer again at any time. A revised programme shall show the effect of variations and compensation events.
27. Extension of the intended completion date. 27.1 The Engineer shall extend the intended completion date if a compensation event occurs or a variation is issued which makes it impossible for completion to the achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining Works, which would cause the Contractor to incur additional cost. 27.2 The Engineer shall decide whether and by how much time to extend the Intended Completion Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of a compensation event or variations and submitting full supporting information. If the Contractor has failed to corporate in dealing with a delay, the delay by this failure shall not be considered in accessing the new Intended Completion Date.
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28. Delays Ordered by the Engineer 28.1 The Superintending Engineer may instruct the Contractor to delay the Start or progress of any activity within the Works. Delay/delays totaling more than 30 days will require prior written approval of the Employer. 29. Management Meetings
29.1 The Engineer may require the Contractor to attend a management meeting. The business of a management meeting shall be to review the plans for the Works.
29.2 The Engineer shall record the business of management meetings and provide copies of the record to those attending the meeting. The responsibility of the parties for actions to be taken shall by the Engineer either at the management meeting or after the management meeting and stated in writing to all those who attended the meeting. C. Quality Control
30. Identifying Defects 30.1 The Engineer shall check the Contractor’s work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor’s responsibilities. The Engineer may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer considers may have a Defect. 31. Tests 31.1 For Carrying out mandatory tests as prescribed in the specification. The Contractor shall establish field laboratory at the location decided by the Engineer. The field laboratory will have minimum equipments as specified in the Contract Data. The contractor shall be solely responsible for :
a. Carrying out mandatory tests prescribed in the Specifications, and b. For the corrections of the test results, whether performed in his laboratory or
elsewhere. 31.2 If the Engineer instructs the Contractor to carry out a test not specified in the Specifications/Rural Roads Manual to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. 32. Correction of Defects noticed during the Defect Liability Period for one year. 32.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion of work. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 32.2 Every time notice of Defect/Defects if given, the Contractor shall correct the notified Defect/Defects within the duration of time specified by the Engineer’s notice. 32.3 The RFI system will be followed for execution of work. 33. Uncorrected Defects 33.1 If the Contractor has not corrected a Defect pertaining to the Defect Liability Period under clause 32.1 and of these conditions of Contract, to the satisfaction of the Engineer, within all time specified in the Engineer’s notice, the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay this amount, on correction of the Defect.
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D. Cost Control 34. Bill of Quantities 34.1 The Bill of Quantities shall contain items for the construction, installation, testing, and commissioning, maintaining works, and lump sum figures for yearly routine maintenance for each of the five years separately to be done by the Contractor. 34.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the work done at the rate in the bill of quantities for each item for the construction of roads. The payment to the Contractor is performance based for routine maintenance of roads. 35. Variations 35.1 The Engineer shall, having regard to the scope of the Works and the sanctioned estimated cost, have power to order, in writing, Variations within the scope of the Works he considers necessary or advisable during the progress of the Works. Such Variations shall form part of the Contract and Contractor shall carry them out and include them in updated Programmes produced by the Contractor. Oral orders of the Engineer for various Variations, unless followed by the written confirmation, shall not be taken into account.
36. Payments for Variations 36.1 If rates for variation items are specified in Bill of Quantity, the Contractor shall carry out such work at the same rate. This shall apply for variation only up to the limit prescribed in the contract data. If the variation exceeds this limit, the rates shall be derived under the provision of clause- 36.3 for quantities (higher or lower) exceeding the deviation limit. 36.2 If the rates for Variation are not specified in the Bill of Quantities, the Engineer shall derive the rate from similar items in the Bill of Quantities. 36.3 If the rate for Variation item cannot be determined in the manner specified in Clause 36.1 or 36.2, the Contractor shall, within 14 days of the issue of order of variation work, inform the Engineer the rate which he proposes to claim, supported by analysis of the rates. The Engineer shall assess the quotation and determine the rate based on prevailing market rates within one month of the submission of the claim by the Contractor. As far as possible, the rate analysis shall be based on the standard data book and the current schedule of the rates of the district public work division. The decision of the Engineer on the rate so determined shall be final and binding on the Contractor. 37. Cash Flow Statements 37.1 When the Programme is updated, the Contractor shall provide the Engineer with and updated cash flow forecast.
38. Payment of Certificates 38.1 The payment to the Contractor will be as follows for construction work:
a. The Contractor shall submit to the Engineer fortnightly/monthly statements of the value of the work executed less the accumulative amount certified previously supported with detailed measurement of the items of works executed in measurement books authorized by U.P. P.W.D.
b. The Engineer shall check the Contractors fortnightly/monthly statements within 14 days and certify the amount to be paid to the Contractor.
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c. The value of work executed shall be determined, based on measurements by the
Engineer. d. The Value of work executed shall comprise the value of the quantities of the items in the
Bill of Quantities completed. e. The Value of work executed shall also include the valuation of variations and
compensation events. f. The Engineer may exclude any item certified in the previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later information.
g. The Payment of final bill shall be governed by the provisions of clause 50 of G.C.C.
39. Payments 39.1 Payment shall be adjusted for deductions for advance payments, security deposits, other recoveries in terms of the contract and taxes at source as applicable under the law. The Engineer shall pay the Contractor the amounts he had certified within 15 days of the date of each certificate. 39.2 The Employer may appoint another authority, as specified in the Contract Data (or any other competent person appointed by the Employer and notified to the Contractor) to make payment certified by the Engineer. 39.3 Items of the work for which no rate or price has been entered in the Bill of Quantities, will not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract.
40. Compensation Events 40.1 The following shall be compensation events unless they are caused by the Contractors:
a. The Engineer orders a delay or delays exceeding a total of 30 days. b. The effects on the Contractor of any of the Employers risks.
40.2 If a compensation event would prevent the works being completed before the intended completion date, the Intended Completion Date shall be extended. The Engineer shall decide whether and by how much the Intended Completion Date shall be extended.
41. Tax 41.1 The rates coated by the Contractor shall be deemed to be inclusive of all sales and other levies, duties, royalties, cess, toll, taxes of Central and State Government, local bodies and authorities that the contractor will have to pay for the performance of this Contract. The Employer will perform such duties in regard to the deductions of such taxes at source as per applicable law. 42. Currencies All payment will be made in Indian Rupees. 43. Security Deposit/Retention and Release of Performance Security and Security
Deposit/Retention 43.1 The Employer shall retain security deposit of 5% of the amount from each payment due to the Contractor until completion of the whole of the construction work. No security deposit/ retention shall be retained from the payments for the routine maintenance of works.
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43.2 On the completion of the whole of the construction work half the total amount retained are security deposit is repaid to the contractor and half when the Defect Liability Period has passed and the Engineer has certified that all the Defects notified by the Engineer to the Contractor before the end of this period have been corrected. 43.3 The additional performance security for unbalanced bid as detailed in clause 51 of conditions of Contract is repaid to the Contractor when the construction work is complete. 43.4 The performance security equal to the 5% of the Contract Price in clause 51 of conditions of Contract is repaid to the Contractor when the period of one years fixed or defect liability period is over and the Engineer has certified that the Contractor has satisfactorily carried out the works. 43.5 If the Contractor so desires then the security deposit can be converted into any interest bearing security of schedule, commercial Bank in the name of the Employer or National Savings certificate duly pledged in favour of Employer for Defect Liability Period. 44. Liquidated Damages 44.1 The Contractor shall pay liquidated damages to the Employer at the rate per week or part theirof stated in the Contract Data for the period that the completion date is later than the Intended Completion Date. Liquidated damages at the same rate shall be withheld if the Contractor fails to achieve the milestones prescribed in the Contract Data, however in case the Contractor achieves the next milestone the amount of the liquidated damages already withheld shall be restored to the Contractor by adjustment in the next payment certificate. The total amount of liquidated damages shall not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from payments due to the Contractor, payment of liquidated damages shall not affect the Contractor’s other liabilities. 44.2 If the Intended Completion Date if extended after liquidated damages have been paid, the Engineer shall correct any over payment of liquidated damages by the Contractor by adjusting the next payment certificate. 45. Advance Payment 45.1 The Employer will make the following advance payment to the contractor against provision by the Contractor of an Unconditional Bank Guarantee in a form and by a Commercial bank acceptable to the Employer in amounts equal to the advance payment:Mobilization advance up to 5 percent of the contract price. The guarantee shall remain effective until the advance payment has been repaid, but the amount of the guarantee shall be progressively reduced by the amounts repaid by the Contractor. Interest will not be charged on advance payment. 45.2 The Contractor is to use the advance payment only to pay for Equipment, plant and mobilization expenses required specifically for execution of works. The contractor shall demonstrate the advance payment as been used in this way by supplying copies of invoices or other documents to the Engineer.
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45.3 The advance payment shall be repaid by deducting proportionate amounts otherwise due to the Contractor for the construction work, following the schedule of completed percentage of the work on payment basis. No account shall be taken of the advance payment or the repayment in assessing valuation of work done. Variations. Price adjustments, Compensation events or liquidated damages. 46. Security 46.1 The Performance Security equal to five percent of the contract price and additional security for unbalanced bids shall be provided to the Employer no later than the date specified in the letter of Acceptance and shall be issued in the form given in the Contract Data and by a Schedule Commercial Bank. The Performance Security shall be valid until a date 45 days from the date of expiry of Defect Liability Period and the additional security for unbalanced bids shall be valid until a date 45 days from the date of issue of the certificate of completion. 47. Cost of Repairs 47.1 Loss or Damage to the works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Corrections Periods shall be remedied by the Contractor at his cost if the loss or damage arises from the Contractor’s acts or omissions. E. Finishing the Contract 48. Completion of Construction and Maintenance 48.1 The Contractor shall request the Engineer to issue a certificate of Completion of the construction of the works, and the Engineer will do so upon deciding that the work is completed. 49. Taking Over 49.1 The Employer shall take over the works within 7 days of the Engineer issuing a certificate of Completion of Works. 50. Final Account 50.1 The contractor shall supply the Engineer with a detailed account of the total amount that the contractor considers payable for works under the contract within 21 days of issue of certificate of completion of construction of work. The Engineer shall issue a Defect Liability Certificate and certify any payment that is due to the correct and complete. If the account is not correct and complete, the Engineer shall issue within 42 days a schedule that states the scope of corrections or additions that are necessary. If the account is still unsatisfactory after it has been resubmitted, the Engineer shall decide on the amount payable to the contractor and issue a payment certificate within 28 days of receiving the Contractor’s revised account. The payment of final bill for construction of works will be made within 14 days thereafter. 51. Operating and Maintenance Manuals 51.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the Contract Data. 51.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the Contract Data, or they do not receive the Engineer’s approval, the Engineer shall withhold the amount stated in the Contract Data from payments due to the Contractor.
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52. Termination
52.1 The Employer may terminate the Contract if the Contractor causes a fundamental breach of the Contract.
52.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following: d) 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; e) the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation; f) the Engineer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Engineer;
g) the Contractor does not maintain a Security, which is required; h) the Contractor has delayed the completion of the Works by the number of days for
which the maximum amount of liquidated damages can be paid, as defined in clause 44.1;
i) the Contractor fails to provide insurance cover as required under clause 13; j) if the Contractor, in the judgement of the Employer has engaged in the corrupt and
fraudulent practice in competing for or in executing the Contract. For the purpose of this clause, “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 Employer and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid process at artificial non competitive levels and to deprive the Employer of the benefits of free and open competition.
k) If the Contractor has not completed at least Thirty percent of the value of construction works required to be completed after half of the completion period has elapsed.
l) If the contractor fails to setup a field laboratory with the prescribed equipments, within the period specified in the contract data and
m) Any other fundamental breaches as specified in the contract data n) If the contractor fails to deploy machinery and equipments or personal as specified in
the contract data at the appropriate time. 52.3 Notwithstanding the above, the Employer may terminate the Contract for convenience. 52.4 If the Contract is terminated, the Contractor shall stop the work immediately, make the Site safe and secure, and leave the site as soon as reasonably possible. 53. Payment upon Termination 53.1 If the Contract is terminated because of a fundamental breach of contract by the Contractor, the Engineer shall issue a certificate for the value of the work done and materials
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ordered less liquidated damages, if any less advance payments received up to the date of issue of the certificate and less the percentage to apply the value of work not completed, as indicated in the Contract Data. If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be recovered from the security deposit, and performance security. If any amount is still left un-recovered it will be debit payable to the Employer. 53.2 If the contract is terminated at the Employer’s convenience, the Engineer shall issue a certificate for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personal employed solely on the Works, the Contractor’s cost of protecting and securing the works and less advance payments received up to the date of the Certificate, less other recoveries due in terms of contract, and less taxes due to be deducted at source as per applicable law. 54. Property 54.1 All Materials on the Site, Plant, Equipment, Temporary works, and works shall be deemed to be the property of the Employer for use for completing balance construction work if the contract is terminated because of the Contractor’s default, till the works is completed after which it will be transferred to the contractor and credit, if any, given for its use. 55. Releases from Performance 55.1 If the Contractor is frustrated by the outbreak of war or by any other event entirely outside the control of the Employer or the Contractor, the Engineer shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made. F. Other Conditions of Contract 56. Labour 56.1 The Contractor shall, unless otherwise provided in the contract make his on arrangement for the engagement of all staff and labour, local and others, and for their payment, housing, feeding and transport. 56.2 The contractor shall if required by the Engineer’s, deliver to the Engineer a return in detail in such form and at such interval as the Engineer may prescribe, showing the staff and the members of the several classes of labour from time to time employed by the contractor on the site and such other information as the Engineer may require. 57. Compliance with Labour Regulations 57.1 During continuation of the contract the contractor and his sub-contractors shall abide all times by all existing labour enactments and rules made their under, regulations, notifications and by laws of the State or Central Government or local authorities and any other labour law(rules), regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or the Central Government or the local authority. Salient features of some of the major labour laws that are applicable to construction industry are given in appendix to part 1st general conditions of contract. The Contractor shall keep the employer indemnified in case any action is taken against the employer by the competent authority on account of
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contravention of any of the provisions of any act or rules made their under, regulations or notification including amendments. If the Employer is caused to pay or reimburse, such amount as may be necessary to cause or observe, or non-observance of the provisions stipulated in the notification/bye laws/acts/rules/regulations including amendments, if any, on the part of contract, the Engineer/Employer shall have the right to deduct any money due to the contractor including his amount of performance security. The Employer/Engineer shall also have right to recover from the contractor’s any sum required or estimated to be required for making good the loss or damage suffered by the Employer. The Employees of the Contractor and the sub-contractor in no case shall be treated as the employs of the Employer at any point of time. 58. Drawings and Photographs of the Works 58.1 The contractor shall do photography/video photography of the Site firstly before the start of work, secondly mid-way in the execution of different stages of work and lastly after the completion of the work. No separate payment will be made to the contractor for this. 58.2 The contractor shall not disclose details of drawing furnished to him and works on which he is engaged without the prior approval of the Engineer’s in writing. No photograph of the work or any part thereof or Plant employed thereon, except those permitted under clause 58.1 shall be taken or permitted by the contractor to be taken by any of his employees or any employees of his sub-contractors without the prior approval of the Engineer’s in writing. No photographs/video photographs shall be published or otherwise circulated without the approval of the Engineer’s in writing. 59. The Apprentice Act 1961 59.1 The contractor shall duly comply with the provisions of the Apprentices Act 1961 (III of 1961), the rules made their under and the orders that may be issued from time to time under the said act and the said rules and on its failure or neglect to do so he shall be subject to all liabilities and penalties provided by the said act and said rules. 60. Criminals are Prohibited from Bidding 60.1 Any bidders having criminal records is not allowed to participate in the bidding process. Any person who is having criminal case against him or involve in the organised crime or gangster activities or mafia or goonda or anti social activity are strictly prohibited to participate in the bidding process. If it is stabilized that any bidder has criminal record, his bid shall be automatically cancelled. 60.2 The Bidder has to reduce character certificate, solvency certificate, self decoration affidavit (on the prescribed performer which is attached with the bid document) etc, issued by the competent authority in original bid document. 61. Any Bidder who is an advocate and Registered with any State Bar Council shall not be
allowed to participate in the bidding. If it is stabilized that contractor is registered with the State Bar Council, his bid shall be automatically cancelled.
62. Contractor shall obtain Pre-N.O.C (Non Objection Certificate) from Chief Fire Officer before standing of work and submit No Objection Certificate from Chief Fire Officer after completion of work.
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63. Contractor shall obtain No Objection Certificate from Director Electrical Safety before energisation of the building.
64. Contractor shall establish and maintain a site office under his authorized representative/ Technical staff. All relevant documents shall be kept in the site office.
65. Contractor shall make his own arrangement for light (Electricity) and water supply during course of construction.
Signature of Contractor Project Manager ………………………………………Unit, District…………………………………
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SPECIFICATIONS
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Construction of Rajkiya Inter College, Vill-Sonwa Distt-Faizabad
List of Preferred Makes for Civil, Furnishing & Electrical Works
S.N. Name of Materials Preferred Makes
1 Ordinary Portland / Portland ACC, Birla , JK Cement & Maihar
Pozzolona Cement (Grey) - 43 Grade JP Rewa & Shree
2 RMC ACC, Birla , JK Cement & Maihar
3 White Cement Birla White / J. K. White
4 Reinforcement Steel SAIL, TISCO & RINL or approved in UPRNN
5 Veneered Particle Board Novapan, Kitply & Greenply
6 Laminated Particle Board Sunmica, Century, Greenply, Novapan & Kitply,
7 Flush Door Shutters Kitply Industries, Century, Greenlam, Genda & Cobet
8 Pressed Steel Frames San Harvic, Steelman Industries, Metal Shape, G.I. Industry, Metal Windows, Chandni Industries, Ganpati Udyog & Thirlingston
9 Water Proofing Compound Fosroc, Cico, Pidilite. Impermo by M/s Snowcem & Sika
10 PVC Pipe & Fittings Supreme, Finolex, Prince & Astral
11 Acrylic Distemper / Plastic Paint / OBD
ICI, Asian Paints, Nerolac & Berger Paints
12 Synthetic Enamel Paint ICI, Asian Paints, Nerolac & Berger Paints
13 Steel Primer ICI, Asian Paints, Nerolac & Berger Paints
14 Wood Primer ICI, Asian Paints, Nerolac & Berger Paints
15 Mosaic Glass Tiles Coral, Mridul, Italia & Bizaza
16 Dash / Anchoring Fasteners HILTI / Fischer
17 Nuts / Bolts & Screws GKW & Atul
18 Stainless Steel Sink (Out of Salem Steel only)
Diamond, Nirali, Neelkant & Jayna
19 Float Valve Viking & Prayag.
20 Admixtures Fosroc, Sika & Faircrete
21 Vitreous China Sanitary Ware Parryware, Hindware & Cera
22 Plastic Seat Cover of W.C. (ISI Mark only)
Commander, Hindware, Admiral, Parryware & Cera
23 CP Fittings / Mixer Pillar taps Washers
JAGUAR/PARRY/CERA
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24 CP Accessories JAGUAR/PARRY/CERA
25 Centrifugally Cast (Spun) Iron Pipes NECO or BIC Kolkata Pipes &Fittings
26 Centrifugally Cast (Spun) Iron Pipes (Class LA)
Electro Steel, Kesoram & Jindal.
27 G.I. Pipes Jindal (Hissar) & Tata
28 G.I. Fittings Unik, UU & NMC
29 Gun metal Valves Leader, Zoloto, Sant & NMC
30 Stone Ware Pipes & Gully Traps Prefect, Hind , Crystal or ISI marked S.W.Pipes.
31 Mirror Glass Atul, Modi Guard, Saint Gobain & AIS
32 Grouting Compound Balandura & Latticrete
33 Aluminium Sections Hindalco, Jindal
34 Aluminium Fittings Ebco, Dorma, Ozone, Classic & Everite
35 Hydraulic Door Closer Dorset, Dorma, Ozone, Hardwyn & Everite
36 Floor Springs Ebco, Dorma, Ozone
37 Exterior Paint Asian, Nerolac, Berger & Snowcem India
38 Friction Hinges Zipco, AKS, Dorma & Earl Bihari
39 Reflective Sun Control Film Garware
40 6 mm / 12 mm thick Ply Century, Duro & Green
41 Telescopic Drawer Channel Earl Bihari & Hettich
42 Ceramic Glazed Tiles (Matt Finish) Nitco, Johnson, Asian & Kajaria
43 Glazed Vitrified Tiles Rectified (Pure Matt Finish)
Nitco, Johnson, Asian & Kajaria
44 Glazed Vitrified Tiles Rectified (Satin Finish)
Nitco, Johnson, Asian & Kajaria
45 Glass including high performance thermal glass
Saint Gobain, Modi Guard & AIS
46 Brass Locks Dorset, Crust, Kich & Godrej
47 12 mm Particle Board Novapan, Kitply, greenply,Euro
48 19 mm Block Board Century, Green Ply & Archid
49 Poly Corbonate Sheet GE
50 Acoustical Wall Paneling Armstrong / Anutone
51 Silicon Sealant Dow Coming, GE & 3M
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52 Glass Wool Twiga, Rockwool
53 Stainless Steel Hand Rail System Dorset, Crust, Kich, Dorma & Ozone
44 Stainless Steel Pull Handle Dorset, Crust, Kich, Dorma & Ozone
54 Wall Putty Birla Care & JK White
55 Ceramic Wall Tiles for Dedo Nitco, Johnson, Naveen, Orient, Asian & Kajaria
56 W.C., EWC, Wash Basin, Urinal & Urinal Divition Plates
Hindware, Parryware , Jaguar & Cera
57 Health Shower, Taps, Jet Spray Jaguar, Moen, Marc & Cera
58 Hand Drier cum Paper Dispenser Unit
Uronics & Jaguar
59 Fittings Philips / Bajaj / Wipro / Future Lighting
60 Fans Havells / Crompton / Bajaj
61 Switches & Sockets MK / Philips / Havells / North west
62 Geysers Racold / Jaguar-aero smith / Bajaj
63 Panels Jackson / KEPL / CMKL
64 Cables & Wires Finolex / KEI / Polycap
65 Cable Management System MK / Legrand / Schneider
66 Lifts OTIS / Johnson / Kone / Schenieder
67 ACP CLADDING ALUCOBOND, ALSTRONG & ALSTONE
68 HDPE PIPE JAIN IRRIGATION, SUPEREM, FINOLEX, RELIANCE
