NATIONAL HIGHWAYS AUTHORITY OF INDIA

(Ministry of Road Transport & Highways)

NORTH SOUTH CORRIDOR PROJECT CONTRACT PACKAGE NO 29 (MH)

CONSTRUCTION OF FOUR LANE ROAD OVER BRIDGE (Km.22.850 to Km.24.650) INCLUDING APPROACHES AT BUTIBORI ON NAGPUR HYDERABAD SECTION OF NH-7 IN LIEU OF EXISTING LEVEL CROSSING NO. 113 IN THE STATE OF MAHARASHTRA

BID DOCUMENT - ITEM RATE CONTRACT NATIONAL COMPETITIVE BIDDING

VOLUME -III

G-5 & 6, Sector-10, Dwarka New Delhi-1100045

September 2002

NATIONAL HIGHWAYS AUTHORITY OF INDIA

(MINISTRY OF ROAD TRANSPORT & HIGHWAYS)

NORTH SOUTH CORRIDOR PROJECT CONTRACT PACKAGE NO 29 (MH)

CONSTRUCTION OF FOUR LANE ROAD OVER BRIDGE (Km.22.850 to Km.24.650) INCLUDING APPROACHES AT BUTIBORI ON NAGPUR HYDERABAD SECTION OF NH-7 IN LIEU OF EXISTING LEVEL CROSSING NO. 113 IN THE STATE OF MAHARASHTRA

BID DOCUMENT - ITEM RATE CONTRACT

VOLUME -III

CONTENTS

SECTION NO.

PARTICULARS

PAGE

6. CONTRACTORS BID 7. BILL OF QUANTITIES 31

6-1 7-1 to 7-

8. FORMS

8-1 to 8-8

SECTION - 6
CONTRACTORS BID

CONTRACTORS BID
To Chairman National Highway Authority of India NHAI, G-5, G-6, Sector 10, Dwarka New Delhi 110045 Dear Sir,

Having examined the Bid Documents including Invitation for Bid, Instruction of Bidders, Conditions of Contracts, Contract Data, Technical Specifications, Bill of Quantities, Drawings, Forms and Annexes for the execution of the above named works, we the undersigned, offer to execute and complete such works and remedy any defects therein in conformity with the said Bid Documents for the sum of Indian Rs. ___________________ (Rupe7es ___________________) or such other sum as may be ascertained in accordance with the said Bid Docume nts.

2. We undertake, if our Bid is accepted, to commence the works within twenty one days of receipt of the Engineers order to commence, and to complete and deliver the sections and whole of the works comprised in the Contract within the period stated in the Contract Data. 3. If our Bid is accepted we will furnish a Performance Security in the form of bank guarantee to be bound on us, in accordance with the Conditions of Contract. 4. We agree to abide by this Bid for the period of sixty (60) days from the date of Bid Opening, as prescribed in Clause 15 of the Instruction to Bidders, and it shall remain binding upon us and may be accepted at any time before the expiry of that period. 5. Unless and unit an Agreement is prepared and executed, this Bid, together with your written acceptance thereof, shall constitute a binding Contract between us but without prejudice to your right to withdraw such Acceptance under the provisions of the Conditions of Contract. 6. We understand that you are not bound to accept to lowest or any Bid you may receive. Dated this __________________ day of _______________ 2001. Signature _________________ in the capacity of ** ____________ duly authorised to sign Bid for and on behalf of _______________________________ (in block capitals) Address ____________________________________________________________________ Address of Witness ___________________________________________________________ Signature of Witness ______________________________ ** Certified copy of the Power of Attorney / authorisation for signature shall be furnished by the Contractor, in accordance with Clause 4.2 (iv) of Instruction to Bidders.

6-1

SECTION 7 BILL OF QUANTITIES A.PREAMBLE

1. The Bill of Quantities shall be read in conjunction with the Instruction to Bidders, Conditions of Contract, Technical Specification, Drawings, Schedule, Annexure and Addendums. The quantities given in the Bill of Quantities are estimated and provisional and are given to provide a common basis for bidding. The basis payment will be actual quantities of work ordered and carried out, a measure by the Contractor and verified by the Engineer and valued at the rates and pries bid in the priced Bill of Quantities, where applicable, and otherwise at such rates and prices as the Engineer may fix within the terms of the Contract.

2.

3.

The rates and prices Bid in the priced Bill of Quantities, except in so far as it is otherwise, provided under the Contract include all constructional plant, labor, supervision, materials, all temporary works and false works, erection, maintenance, establishment and overhead charges profit taxation and levels and other charges together with all general risks, liabilities and obligations set out or implied in the Contract and including remedy of the any defects during the Defects Liability Period. The rates prices shall be quoted entirely in Indian Rupees Currency. The rate of price shall be entered both in figures and words against those items in the Bill of Quantities are given. The cost of items against which the Contractor has failed to enter a rate or price shall be have been covered by other rats and prices entered in the Bill of Quantities. However rates are not to be quoted against those items those items for which quantities are not given. The whole cost of complying with the provision of the contract shall be deemed to have been included in the items provided in the priced Bill of Quantities. General directions and description of work and materials are not necessarily repeated or summarized in the Bill of Quantities. Reference to the relevant section of the contract documentation shall be made before rates or prices against each item in the Bill of Quantities. The method of measurement of completed for payment shall be in accordance with the requirements are stated in the individual sections of the Technical Specifications.

4. 5.

6.

7.

8.

9.

Errors will be corrected by the Employer for any arithmetical errors pursuant to Clause 27 of the instruction of Bidder.

7-1

B. Abbreviations Abbreviations Rs. LS or SUM Nr. or No. KM or km. hct. m or sq.m. m or cu.m. cc, c3 or cucum cum.km KG or kg. mt HP PS IRC For Indian Rupees Lump Sum Number Kilometre Hectare Sqaure metre Cubic metre cuibic metre cuibic meter kilometre Kilogram Metric tonne Horse Power Provisional Sum Indian Roads Congress

MORT & H Specification issued (Formerly known as MOST Highways, revision.) BIS Prov. P.O.L. Veh. month

Specifications for Road and Bridge Works by the Ministry of Road Transport & Government of India 2001Edition (Fourth

Bureau of Indian Standards Provisional Petrol, Oil and Lubricants Vehicle Month

7-2

SECTION - 7
BILL OF QUANTITIES

SECTION - 8
FORMS
SECTION 8

FORMS

A B C D E F

Bid Security (Bank Guarantee) Performance Security (Bank Guarantee) Bank Guarantee for Advance Payment Letter of Acceptance Letter of Proceed Agreement

FORM OF BANK GUARANTEE FOR BID SECURITY

WHEREAS _____________________________________________________(Name of Bidder) (hereinafter called the Bidder) wishes to submit his bid for the construction of (Name of work)_____________________________________________________hereinafter called the Bid, KNOW ALL MEN by these presents that we __________________________ (Name of Bank) of __________________________ (Name of Country) having our registered office at ____________________________________ (hereinafter called the Bank) are bound unto (name of Employer) _____________________________(hereinafter called the Employer) in the sum of Rs. ____________________________ (Rupees_____________________________________)* for which payment can truly be made to the said Employer. The Bank bind themselves, their successors and assigns by these presents.

Sealed with the Common Seal of the Bank this _______________ day of _________ 2001.
We have undertaken to pay the amount of Rs. _________________________ (Rupees ____________________________________________(in words) to the employer upon receipt of his first written demand without the employer upon receipt of his first written demand without the employer having to substantiate his demand.

This Guarantee will remain in force up to and including the date forty five (45) days after the date of expiry of the period of bid validity as stated in the Instructions to Bidders or as extended by the Employer at any time prior to the closing date for submission of the bids, notice of which extension (s) to the Bank being hereby waived and any demand in respect thereof should reach the Bank not later than the date of expiry of this guarantee. Signature of Authorised Representative of the Bank________________ Name and Designation____________________ Seal of the Bank_________________________ Signature of the Witness_______________________ Name of the Witness __________________________ Address of the Witness ________________________

The bidder should insert the amount of guarantee in words and figures denominated in Indian rupees.

PERFORMANCE BANK GUARANTEE

To Chairman National Highways Authority of India NHAI, G-5, G-6, Sector 10, DWARKA, New Delhi 110045. WHEREAS------------------------------------------*(name and address of Contractor) (hereinafter called the Contractor) has undertaken, in pursuance of Contract No.------------------- dated ------------------------------ to execute ----------------------- (name of Contract and brief description of Works) (hereinafter called the Contract); AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a bank Guarantee by a Nationalized/Scheduled bank of India for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are the guarantor and responsible to you on behalf of the Contractor, up to a total of Rs.-------------------------------------(amount of guarantee) (Rupees ----------------------------------------------------------------------(in words), such sum being payable in the types and proportions of currencies in which the Contract. Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of ---------------------------------------(amount of guarantee) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed thereunder or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addit ion or modification. This guarantee shall be valid until 28 days after the date of expiry of Defects Liability Period. Signature and Seal of the Guarantor ...................................................... Name and Designation-----------------------------------------------------------Name of the Bank----------------------------------------------------------------Address-----------------------------------------------------------------------------Date ---------------------------------------------------------------------------------1. An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract including additional security for unbalance Bids, if any and denominated in Indian Rupees. Bidders are not required to complete this form at the time of submission of Bid.

2.

BANK GUARANTEE FOR ADVANCE PAYMENT

To Chairman National Highways Authority of India NHAI, G-5, G-6, SECTOR 10, DWARKA,

New Delhi 110045. Gentlemen: In accordance with the provisions of the Conditions of contract, sub-clause 51.1 (Advance Payment) of the above-mentioned Contract, _______________(name and address of contractor)* (hereinafter called the Contractor) shall deposit with ________________ (name of Employer) a bank guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of ------------------------------------- (amount of guarantee)1 ................................................ (in words). We, the ------------------------ (bank of financial institution), as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to ------------------- (name of Employer) on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding --------------------------------------------------------- (amount of guarantee) ----------------------------------------------------------------------- (in word). We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed thereunder or of any of the contract documents which may be made between the -------------------- (name of Employer) and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or 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. Yours truly, Signature and seal:_________________________________ Name and Designation______________________________ Name of Bank/Financial Institution ___________________ Address: _________________________________________ Date:___________________________

1.

An amount shall be inserted by the bank or financial institution representing the amount of the Advance Payment and denominated in Indian Rupees Letter of Acceptance (Letter Head paper of the Employer)

To

(name and address of the Contractor)

Dear Sirs,

This is to notify that you Bid dated ___________ for e xecution, completion and maintenance of the project of four / six laning of km ______ to km _________ of _______________ section of NH - _____ in the State ___________________ (Contract package no. ____________) as prescribed in the bidding document, for the Contract Price of Rs. _______________ (Rupees __________________________________________ ) is hereby accepted by NHAI.

You are hereby requested to furnish Performance Security equal to 5 percent of Contract price within 10 days of the receipt of this letter of acceptance in accordance with clause 34.1 of Instruction of Bidders (Section 1) valid upto 28 days from date of expiry of the Defects Liability Period and sign the contract, failing which action as stated in the clause 34.3 of Instruction to Bidders will be taken. Please acknowledge receipt of this letter.

Yours faithfully,

Authorised signatory (Name & title of signatory) (Name of Agency)

Issue of Notice to proceed with the Work (letterhead paper of the Employer)
_________ (date)

To :

__________________________ (name and address of the Contractor) __________________________ __________________________ __________________________ __________________________ Dear Sirs, Pursuant to your furnishing the requisite performance security as stipulated in ITB clause 34.1 and signing of the contract for the construction of _____________ at a Contact Price of Rs. ___________________ you are hereby instructed to proceed with the execution of the said works in accordance with the contract documents.

Yours faithfully,

(Signature, name & title of signatory authorised to sign on behalf of Employer)

AGREEMENT FORM AGREEMENT This agreement, made the .............................. day ....................... of ................... 2001 between ___________________________________________________________________ ________________________________________________[name and address of Employer] (hereinafter called the Employer) and__________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _________________ [name and address of contractor] (hereinafter called the Contractor of the other part). Whereas the Employer is desirous that the Contractor execute _________________________ ___________________________________________________________________________
_________ [name and identification number of Contract] (hereinafter called the Works) and the Employer has accepted the Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein, at a contract price of Rs.

NOW THIS AGREEMENT WITNESSETH as follows: 1. In this Agreement, words and expression shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to and they shall be deemed to form and be read and construed as part of this agreement.

2.

In consideration of the payments to be made by the Employer to the contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all aspects with the provisions of the Contract.

3.

The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying the defects wherein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

4.

The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:

i) ii) iii) iv) v) vi) vii) viii) ix)

Letter of Acceptance; Notice to Proceed with the Works; Contractors Bid; Contract Data; Conditions of Contract (including Special Conditions of Contract); Technical Specifications Drawings; Bill of Quantities and Any other document listed in the Contract Data as forming part of the contract.

In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

The Common Seal of

Was hereunto affixed in the presence of : Signed, Sealed and Delivered by the said

In the presence of : Binding Signature of Employer

Binding Signature of Contractor

(Attach Power of Attorney)