1

GOVERNMENT OF HARYANA

PW (B&R) DEPARTMENT

STANDARD BIDDING DOCUMENT

FOR NABARD WORKS

Name of work:

Last Updated 10.05.2023

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TABLE OF CONTENTS

Sr. Name of Contents Page No.

INVITATION FOR BIDS

i Press Notice 3
ii Detailed Notice Inviting Tender 4-6
iii Key Dates 7
SECTION-1
Instructions to Bidders (ITB) 8-33
SECTION-2
Qualification information 34-35
SECTION-3
Conditions of Contract & Contract Data 36-97
SECTION-4 A
Detailed Scope of Work (In case of Turn Key works) 98
SECTION - 4 B
Technical specification of Works 99-129
SECTION - 5
Drawings 130-131
SECTION - 6
Bill of quantities 132-135
SECTION - 7
Standard Forms Letter of Acceptance and Other 136-165
Forms
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e-Tender Notice

PRESS NOTICE

HARYANA PW(B&R) DEPARTMENT

Notice Inviting Tender
No. /_______Deptt./HRY. Dated __________

The [Governor of Haryana] invites bids from the contractors who

have created login ID on the portal http://works.haryana.gov.in
through online bids on the website: Error! Hyperlink reference
not valid. for the work detailed in the table.
Name of Work:

Time Limit ______ months ( _______Months)

Tenders to be received till: _____ hours on dated _______

1. Pre bid meeting (if applicable) will be held on -------------- at

11.30 Hrs. in the office of …………………….. Engineer,
……………………………… City…………………….

2. Bidder shall pay Rs. 1180/- as E-Service fee through Net

Banking in favour of “Society for IT initiative fund for e-
Governance” payable at Chandigarh.

3. For further details and e-tendering schedule please visit website

Error! Hyperlink reference not
valid.http://etenders.hry.nic.in

For and on behalf of Governor of Haryana

__________________________
______________Department
______________ Circle
Phone No.______________

Email_________________
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DETAIL NOTICE INVITING TENDER

The [Governor of Haryana] invites the bids from the contractors who have created
login ID on the portal http://works.haryana.gov.in through online bids on the
website: Error! Hyperlink reference not valid. for the work detailed in the table
below.

Sr. Name Cost of Earnest Cost of Time Date and time

No. of work work money bid limit for bid
(For docum Submission.
(in Rs ) unregistered ent (in
bidders only) Rs.)
(in Rs.)
1 2 3 4 5 6
1. _________lacs Upto ______hrs.
for
________/ _Month
Contractors
- s
&
_________lacs
for Societies

Bidders registered on the portal http://works.haryana.gov.in are not required to

deposit any earnest money and are required to submit earnest money declaration
Form as provided in Section 7 of the bidding document.
2. Interested bidders are encouraged to get themselves registered as contractor
on the portalhttp://works.haryana.gov.in.
3. Cost of Bid Form: Rs. ____________/-(non-refundable) (to be submitted online).
4. Availability of Bid document and mode of submission:
a. Tender document is available online on http://etenders.hry.nic.in
b. i. Earnest Money: for un-registered bidders – Online.
ii. Earnest Money Declaration Form: Bidders registered by Haryana
Government – the bidder shall upload an earnest money declaration form as
per format given in Section – 7 in the bidding document online.
c. Tender document fee to be paid – Online
d. Submission of Technical Bid – Online
e. Submission of Price Bid – Online
5. In the first instance, Earnest money /Earnest money Declaration Form (as
provided in Section 7) shall be opened online and checked for correctness along
with tender document fee. If the earnest money declaration form / earnest
money are found in order, Technical Bid shall be opened (Online) in the presence
of such contractors who choose to be present. The Financial offer shall be
opened (Online) only, if the bidders meet the qualification criteria as per the bid
document. The date of opening of Financial Bid shall be intimated separately.
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Exemption of tender document fees of the Contractors / Agencies:

i. “Single tender shall normally not be considered unless there are special
circumstances to do so. In such eventuality, decision to accept the single
tender shall be as prescribed in the rules. If special circumstances are
not present, tenders shall be re-called. If re-tendering again results in a
single
Tender, its acceptance may be considered with proper justification and
reasons”. Where on first call of tender, number of bidders participate in
the tender but on Technical evaluation only one participating bidder
qualifies, the tender shall be re-invited treating it as single tender.

ii. Those bidders shall not be required to pay tender document fees, who
choose to submit bids again on tender being re-called on account of
single tender being received or single bidder qualifies on first call.

6. Bidders shall have to pay the e-Service Fees of Rs. 1180/- in favour of ‘Society
for IT initiative fund for e-Governance through Debit Cards & Internet Banking
Accounts are required to be paid online directly through Internet Baking
Accounts.

7. Last Date/ Time for receipt of bids through e-tendering:

____________(dd/mm/yyyy) up-to ________Hrs. (time)

8. The site for the work is available.

9. Only online submission of bids is permitted, therefore; bids must be submitted

online on website http://etenders.hry.nic.in. The technical qualification part of
the bids will be opened online at _______Office, _________on ________ at _________
hrs. by the authorized officers. If the office happens to be closed on the date of
opening of the bids as specified, the bids will be opened online on the next
working day at the same time.

10. The bid for the work shall remain open for acceptance during the bid validity
period to be reckoned from the last date of ‘Submission of Online Bids. Bids as
submitted online shall be valid for 120 days from the date of bid closing i.e. from
last date of submission of online bids. In case the last day to accept the tender
happens to be holiday, validity to accept tender will be the next working day.

11. Bidders may bid for any one or more of the works mentioned in the Table above.

12. To qualify for a package of contracts made up of this and other contracts for
which bids are invited in the same NIT, the bidder must demonstrate having
experience and resources sufficient to meet the aggregate of the qualifying
criteria for the individual contracts.
13. Other details can be seen in the bidding documents. The Employer shall not be
held liable for any delays due to system failure beyond its control. Even though
the system will attempt to notify the bidders of any bid updates, the Employer
shall not be liable for any information not received by the bidder. It is the
bidders’ responsibility to verify the website for the latest information related to
the tender.
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14. Conditional tenders will not be entertained and are liable to be rejected.

15. In case the day of opening of tenders happens to be holiday, the tenders will be
opened on the next working day. The time, mode and place of receipt of tenders
and other conditions will remain unchanged.

16. The invitation of this tender can be cancelled without assigning any reason.

17. The societies shall produce an attested copy of the resolution of the Co-operative
department for the issuance of tenders.

18. The tender without Earnest money Earnest money Declaration form and tender
document fee will not be opened.

19. The jurisdiction of court will be as defined as in Appendix to ITB.

20. The tender of the bidder who does not satisfy the qualification criteria in the bid
documents are liable to be rejected and financial bids will not be opened.

21. The Pre-bid meeting will be held as per the details in Appendix to ITB.

22. The bidders may note that the works are to be carried out strictly as per the
applicable laws, permits, rules and regulations. Any damages / penalties
imposed by any statutory authority, like NGT etc, on account of noncompliance
of any applicable laws, permits, rules and regulations shall have to be borne by
the contractor.

23. The undersigned reserves the right to reject any or all of the bids without
assigning any reason.

24. Maintenance Period is five years from the completion date. The bidder is not required to
quote his rate for routine maintenance. The rates to be paid for routine maintenance are
indicated in the bid document. Further, the payment for routine maintenance to the
contactor shall be regulated based on his performance of maintenance activities

For & on behalf of [Governor of Haryana].

______________Department______ Circle
Phone No.______________
Email_________________
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KEY DATES

1. Date of Issue of Notice Inviting Bid : Date ______

2. Period of availability of Bidding From

Documents on website : Date ___ Month___Year ___
http://etenders.hry.nic.in To
Date ___ Month___Year ___
3. Time, Date of Pre-bid Meeting : Date ___ at ___hrs

4. Deadline for Receiving Bids online : Date ___ at ___hrs

5. Opening of Bids : Date ___ at ___hrs

(Tender Document fee & Earnest Money
Declaration Form)

6. Time and Date for opening of Part-I of : Date ___ at ___hrs

the Bid (Technical Qualification Part)

7. Time and Date of opening of Part-II of : To be intimated.

the Bid (Financial Part) of the Bidders
who Qualify in Part I of the Bid.

8. Last Date of Bid Validity : Date ___

9. Officer inviting Bids ______________ Engineer

______________ Department
______________ City
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Section 1: Instructions to Bidders

Table of Clauses
A. General E. Bid Opening
1. Scope of Bid 22 Bid Opening
2. Source of Funds 23. Process to be Confidential.
3. Eligible Bidders 24. Clarification of Bids and Contacting
4. Qualification of the Bidder the Employer.
5. One Bid per Bidder 25. Examination of bids and
6. Cost of Bidding Determination of Responsiveness.
7. Site Visit 26. Evaluation and Comparison of Bids.
B. Bidding Documents and
Evaluation F. Award of Contract
8. Content of Bidding Documents. 27. Award Criteria
9. Clarification of Bidding Documents 28. Employer’s Right to Accept any Bid
and Pre-Bid Meeting. and to Reject any or all Bids.
10.Amendment of Bidding 29. Notification of Award and Signing of
Documents. Agreement.
C. Preparation of Bids 30. Performance Security.
11. Language of Bid 31. Advances
12. Documents Comprising the Bid. 32. Corrupt or Fraudulent Practices.
13. Bid Prices
14. Currencies of Bid.
15. Bid Validity
16. Earnest money
17. Alternative Proposals by Bidders.
D. Submission of Bids
18. Bidding Through e-Tendering
system.
19. Electronic Submission of Bids.
20. Deadline for Submission of Bids.
21. Late Bids, Modifications/
Withdrawal.
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A. General
1. Scope of Bid

1.1 The Employer (Appendix to ITB) on behalf of ‘Authority’ (defined in Appendix

to ITB) invites bids for the construction of Works and their maintenance for
5 years as described in these documents and referred to as “the Works”. The
name of the works is provided in the Appendix to ITB. The bidders may
submit bids for any or all of the works detailed in the table given in the
Notice Inviting Tender. Bid for each work should be submitted separately.
The bidders should refer Section 4-A for the detailed scope of work and
Section 4-B for Technical Specifications for the work.

1.2 The successful Bidder will be expected to complete the Works by the
Intended Completion Date specified in the Contract data and do the routine
maintenance of roads for five years from the date of completion.

1.3 Throughout these documents, the terms “bid” and “tender” and their
derivatives (bidder/tenderer, bid/tender, bidding/tendering etc.) are
synonymous.

1.4 The jurisdiction of court will be as defined as in Appendix to ITB

2. Source of Funds

2.1 The expenditure on this project will be met from the budget provided by the
Govt. of Haryana.

2.2 The Government of the State has decided to provide funds for the routine maintenance
of the roads.

3. Eligible Bidders

3.1 The Invitation for Bids is open to all registered bidders on the portal
http://works.haryana.gov.in and eligible bidders meeting the eligibility
criteria as defined in ITB.

3.2 The bidders in Joint Ventures are allowed as per the Appendix to ITB.

3.3 Bidders shall not be under a declaration of ineligibility for corrupt and
fraudulent practices by the Central Government, the State Government or
any public undertaking, autonomous body, authority by whatever name
called under the Central or the State Government.

4. Qualification of the Bidder

A) For works put to tender upto Rs. 25.00 Lacs, a valid Registration/
contractor’s id on Haryana Engineering Works Portal.(No technical
evaluation shall be carried out for this category). The intending bidders
who are not registered are required to submit the following documents in
place of Registration:
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Interested bidders who are not registered should upload the following
documents at the time of bidding:
a. Mandatory Documents
i. Proof of Constitution - Partnership deed (in case of the partnership firm
registration); or Certificate of Incorporation (in case of Private limited
company, public limited company, Public sector undertaking, Limited
Liability Partnership, registration); or Any proof substantiating constitution
(in the case of society, trust, AOP, Government department, local authority,
statutory body registration.)
ii. PAN Card
iii. GST Certificate
iv. Undertaking of Non-Blacklisting – (Certificate that contractor has not been
blacklisted previously)
v. Proof of immovable properties/self-certification that doesn't have any
property
vi. Cancelled Cheque / Proof of bank account
vii. Proof of Address
viii. Similar works experience for the category of registration
ix. The applicant himself or his employee (at least one) should be a Diploma
Holder Engineer (Civil/Electrical/Agri./Hort.) as applicable. Accordingly,
self-declaration certificate of applicant and his employee along with copy of
Diploma certificate is to be submitted.
x. In case of registration for electrical works the applicant or the employee of
the applicant should submit valid Wireman License from Chief Electrical
Inspector, Haryana
b. Optional Documents
i. TAN Number Document
ii. MSME Registration Certificate (If Applicable)
iii. Form 26AS for last three years (Provided by Income Tax Department)
iv. LLCs (Limited Liability Company) to upload last audited balance sheet
v. Change of constitution of agency
vi. Litigation History (If any)
vii. List of Abandoned works (if any)
viii. Any Other relevant documents
In case during examination it is found that any bidder for this
category of works has not submitted above mandatory documents or
has submitted false documents his bid shall be rejected.

B) For works put to tender from Rs. 25.01 Lacs to Rs. 64.00 Lacs, a valid
registration and contractor’s id on Haryana Engineering Works Portal
with proof of ownership/ lease of specified machinery/ manpower as
listed in Clause 39 of this document.
(Technical Evaluation shall be carried out as per the requirement
specified in Clause 39 of this document and financial bid of only
responsive qualifying bidders shall be opened)
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C) For works put to tender from Rs. 64.01 Lacs onwards, following
qualification criteria is required to be fulfilled:-

4.1 All bidders shall provide the Qualification Information as specified in

Section-2 of this document, Forms of Bid and the undertaking(s) as
specified in Section 7. The undertaking should be of a date after the first
invitation of this tender. Initially the scanned copy of undertaking(s) shall
have to be submitted in technical bid and before signing the agreement,
the original undertaking(s) should be submitted by the bidders to the
concerned Executive Engineer. The undertaking(s) in original shall make
integral part of the agreement.

4.2 All bidders participating in tenders costing more than Rs. 25.00 lacs
shall include the following information and documents with their
bids in Section 2, Qualification Information unless otherwise stated
in the Appendix to ITB:

(a) Copies of original documents defining the constitution or legal status,

place of registration, and principal place of business; written power of
attorney of the signatory of the Bid to commit the Bidder;
(b) Total annual financial turnover of each of the last three years duly
certified by Chartered Accountant;
(c) (i) Experience in works of a similar nature and size for each of the
last seven years with certificates from the concerned officer not
below the rank of Executive Engineer or equivalent;

(ii) and details of works in progress or contractually committed with

detail of clients who may be contacted for further information on
those contracts;

(d) The undertakings as per the format and language given in Section 7 of
the document. The undertakings should be of a date after the
invitation of this tender. The bids accompanying with the language
deviated from the language of the draft provided in Section 2 shall be
treated as non – responsive.
4.3 All care should be taken by the bidder to submit correct information and
documents in first place. No cognizance of the documents submitted
subsequently by the bidder on his own regarding his technical bid shall be
taken. However, clarification can be sought upto the extent of clearing any
doubt on the documents already submitted online.

4.4 Joint Ventures are permitted to bid for the work as defined in the
Appendix to ITB. Bids submitted by a Joint Venture (JV) shall comply with
the following requirements:

a. There shall be a Joint Venture Agreement (as per the format given in
Section-7) specific for these contract packages between the constituent
firms, indicating clearly, amongst other things, the proposed distribution
of responsibilities both financial as well as technical for execution of the
work amongst them. For the purpose of this clause, the most experienced
lead partner will be the one defined. A copy of the Joint Venture
agreement shall be submitted before any award of work could be finalized.
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b. The bid, and in the case of the successful bidder, the Form of Agreement,
etc., shall be signed and / or executed in such a manner as may be
required for making it legally binding on all partners (including operative
parts of the ensuing Contract in respect of Agreement of Arbitration, etc.).
On award of work, the Form of Agreement and Contract Documents shall
be signed by all partners of the Joint Venture to conclude Contract
Agreement.
c. Lead partner shall be nominated as being partner-in-charge; and this
authorization shall be evidenced by submitting a power of attorney signed
by the legally authorized signatories of all the partners.

d. The partner-in-charge shall be authorized to incur liabilities and to receive

instructions for and on behalf of the partners of the Joint Venture,
whether jointly or severally, and entire execution of the Contract
(including payment) shall be carried out exclusively through the partner-
in-charge. A copy of the said authorization shall be furnished in this Bid.

e. All partners of the Joint Venture shall be liable jointly and severally for the
execution of the Contract in accordance with the Contract terms, and a
relevant statement to this effect shall be included in the authorization
mentioned under sub clause I above as well as in the Form of Tender and
the Form of Agreement (in case of a successful bidder).
f. In the event of default by any partner, in the execution of his part of
Contract, the Employer shall be so notified within 30 days by the partner-
in-charge, or in the case of the partner-in-charge being the defaulter, by
the partner nominated as partner-in-charge of the remaining Joint
Venture. The partner-in-charge shall, within 60 days of the said notice,
assign the work of the defaulting partner to any other equally competent
party acceptable to the Employer to ensure the execution of that part of
the Contract, as envisaged at the time of bid. Failure to comply with the
above provisions will make the Contractor liable for action by the
Employer under the Conditions of Contract. If the Most Experienced i.e.
Lead Partner defined as such in the Communication approving the
qualification defaults, it shall be construed as default of the Contractor
and Employer will take action under the Conditions of Contract.

g. Notwithstanding the permission to assigning the responsibilities of the

defaulting partner to any other equally competent party acceptable to the
Employer as mentioned in sub clause (f) above, all the partners of the
Joint Venture will retain the full and undivided responsibility for the
performance of their obligations under the Contract and/ or for
satisfactory completion of the Works.

h. The bid submitted shall include all the relevant information as required
under the provisions of Sub-Clause 4.5 D of ITB and furnished separately
for each partner.
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4.5 Qualification Criteria [applicable as per cost of work put to tender]

4.5A To qualify for award of the contract, each bidder in its name should have :-
i) Minimum average annual financial turnover (as certified by the
Chartered Accountant) during the last three years, ending 31 st March of
the previous financial year, should not be less than 30% of the value of
work. The turn over shall be updated to price level of the last financial
year at the rate of 8% per year compounded yearly.

ii) Experience of having successfully completed or substantially completed

similar works (i.e. road/bridge/building works/airport runway/PHED/
IWRD works as applicable for that type of tender) during the last seven
years ending last day of month previous to the one in which bids are
invited should be either of the following:-

(a) Three similar works each costing not less than 40% of the value of
work.
Or
(b) Two similar works each costing not less than 50% of the value of work.
Or
(c) One similar work costing not less than 80% of the value of work.
The amount of works shall be updated to price level of the last financial
year at the rate of 8% per year compounded yearly.
Note 1:- The works may have been executed by the applicant as Prime contractor or
as a member of Joint Venture or sub-contractor. As sub-contractor, he
should have acquired the experience of execution of all major items of
works under the proposed contract. In case a project has been executed by
a Joint Venture, the turnover or experience shall be evaluated in proportion
to their participation of the Joint Venture. In case of experience as a sub-
contractor, the certificate from the Principal Employer shall have to be
furnished.
Note 2:-Substantially completed works means those works which are at least 95%
completed as on the date of submission (i.e. gross value of work done upto
the last date of submission is 95% or more of the original contract price or
enhanced contract price as the case may be) and continuing satisfactorily.
Note 3:-Similar works means road work for road tender, building work for building
tender, bridge work for bridge tender and so on.
For these, a certificate from the employer shall be submitted along with
qualification information clearly mentioning the name of work, Contract Value,
billing amount. Date of commencement of works, satisfactory performance of the
Contractor and any other relevant information.
The amount put to bid above would not include maintenance cost for 5 years
and the turnover will be indexed at the rate of 8% per year.
4.5 B Each bidder must produce:
(i) An affidavit in the prescribed format given in this document in
Section 7. The affidavit should be of a date later then the date of calling
of tender; and
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(ii) Such other certificates as defined in the Appendix to ITB. Failure to

produce the certificates shall make the bid non-responsive.

4.5 C To qualify for a package of contracts made up of this and other contracts
for which bids are invited in the Notice Inviting Tender, the bidder must
demonstrate having experience and resources sufficient to meet the
aggregate of the qualifying criteria for the individual contracts.

4.5 D If bidder is a Joint Venture, the partners would be limited to three

(including lead partner). Joint Venture firm shall be jointly and severally
responsible for completion of the project. Joint Venture must fulfill the
following minimum qualification requirement.

i. The lead partner shall meet not less than 50% of qualification criteria
given in sub-clause 4.5 A (i) & (ii) of ITB above.
ii. Each of the remaining partners shall meet not less than 25% of all the
criteria given in sub-clause 4.5 A (i) & (ii) of ITB above.

iii. The Joint Venture must also collectively satisfy the subject of the criteria
of Clause 4.5 B and 4.5 C of ITB for this purpose the relevant figures for
each of the partners shall be added together to arrive at the Joint
Venture total capacity which shall be 100% or more.

iv. In the event that the Employer has caused to disqualify under Clause
4.7 of ITB below all of the Joint Venture partners will be disqualified.

v. Joint Venture Applicants shall provide a certified copy of the Joint

Venture Agreement in demonstration of the partners undertaking joint
and several liabilities for the performance of any contract entered into
before award of work.
vi. The available bid capacity of the JV as required under Clause 4.6 of ITB
below will be applied for each partner to the extent of his proposed
participation in the execution of the work. The total bid capacity
available shall be more than estimated contract value.
vii. The Sub-Contractors’ experience and resources shall not be taken into
account in determining the bidder’s compliance with the qualifying
criteria.
4.5. E Any other requirement as specified elsewhere in the ITB.

4.6 Bidders who meet the minimum qualification criteria will be qualified only if
their available bid capacity for construction work is equal to or more than the
total bid value excluding maintenance. The available bid capacity will be
calculated as under:

Assessed Available Bid Capacity = (A*N*2- B)

Where
A = Maximum value of financial turnover (as certified by the Charted
Accountant) in any one year during the last three years (updated to price
level of the last financial year at the rate of 8% per year compounded
yearly).
 15

N = Number of years prescribed for completion of the works for which bids
are invited (period up to 6 months to be taken as ½ and more than 6
months as 1 in a year).
B = Value, at the current price level (compounded yearly @8% per year), of
existing commitments and on-going works to be completed during the
period of completion of the works for which bids are invited.

4.7 Even though the bidders meet the above qualifying criteria, they are
subject to be disqualified if they have:
 made misleading or false representations in the forms, statements,
affidavits and attachments submitted in proof of the qualification
requirements; and/or
 record of poor performance such as abandoning the works, not
properly completing the contract, inordinate delays in completion,
litigation history, or financial failures etc: and/or.
 participated in the previous bidding for the same work and had quoted
unreasonably high bid prices and could not furnish rational
justification to the employer.

5. One Bid per Bidder

5.1 Each Bidder shall submit only one Bid for one work. A Bidder who submits
more than one Bid for one work will cause the proposals with the Bidder’s
participation to be disqualified.
6. Cost of Bidding
6.1 The Bidder shall bear all costs associated with the preparation and
submission of his Bid, and the Employer will, in no case, be responsible or
liable for those costs.
7. Site Visit

7.1 The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit
and examine the Site of Works and its surroundings and obtain all
information that may be necessary for preparing the Bid and entering into a
contract for construction of the Works. The costs of visiting the Site shall be
at the Bidder’s own expense. The Bidder acknowledges that prior to the
submission of the bid, the Bidder/Contractor has, after a complete and
careful examination, made an independent evaluation of the Scope of the
Project, Specifications and Standards of design, construction and
maintenance, Site, local conditions, physical qualities of ground, subsoil and
geology, suitability and availability of access routes to the Site and all
information provided by the Employer or obtained, procured or gathered
otherwise, and has determined to its satisfaction the accuracy or otherwise
thereof and the nature and extent of difficulties, risks and hazards as are
likely to arise or may be faced by it in the course of performance of its
obligations hereunder. The Employer makes no representation whatsoever,
express, implicit or otherwise, regarding the accuracy, adequacy, correctness,
reliability and/or completeness of any assessment assumptions, statement or
information provided by it and the Bidder confirms that it shall have no claim
whatsoever against the Employer in this regard.
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BIDDING DOCUMENTS
8. Content of Bidding Documents
8.1 The set of bidding documents comprises the documents listed below
and addenda issued in accordance with Clause 10 of ITB.
1. Detail Notice Inviting Tender
2. Instructions to Bidders including Appendix to bid
3. Qualification Information and other forms.
4. Conditions of Contract(Part I General Conditions of Contract, and Contract
Data; Part II Special Conditions of Contract)
5. Technical Specifications
6. Drawings
7. Bill of Quantities
8. Form of Acceptance, Form of Agreement, Issue of Notice to Proceed with the
Work,
9. Forms of Securities and Form of Unconditional Bank Guarantee.

8.2 The bidder is expected to examine carefully all instructions, conditions

of contract, contract data, forms, terms and specifications, bill of
quantities, forms and drawings in the Bid Document. Failure to comply
with the requirements of Bid Documents shall be at the bidder’s own
risk. Pursuant to Clause 26 hereof, bids, which are not substantially
responsive to the requirements of the Bid Documents, shall be rejected.
9. Clarification of Bidding Documents and Pre-bid Meeting
9.1 A prospective bidder requiring any clarification of the bidding documents may
notify the Employer in writing or through email at the Employer’s address
indicated in the invitation to bid. The Employer will respond to any request for
clarification which he receives earlier than 10 days prior to the deadline for
submission of bids. Copies of the Employer’s response will be put on website
including a description of the enquiry but without identifying its source.
9.2 If a pre-bid meeting is to be held, the bidder or his authorized representative
is invited to attend it. Its date, time and address are given in the Appendix to
ITB.
9.3 The purpose of the meeting will be to clarify issues and to answer questions
on any matter that may be raised at that stage.
9.4 Minutes of the meeting, including the text of the questions raised (without
identifying the source of the enquiry) and the responses given will be uploaded
for information of the public or other bidders. Any modifications of the bidding
documents listed in Clause 8.1 of ITB, which may become necessary as a
result of the pre-bid meeting shall be made by the Employer exclusively
through the issue of an Addendum pursuant to Clause 10 of ITB and not
through the minutes of the pre-bid meeting.
9.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification
of a bidder.
 17

10. Amendment of Bidding Documents

10.1 Before the deadline for submission of bids, the Employer may modify the
bidding documents by issuing corrigendum.

10.2 Any addendum/corrigendum thus issued shall be part of the bidding

documents and put on website only and shall be deemed to have been
communicated to all the bidders. The Employer will assume no responsibility
in this regard.

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

into account in preparing their bids, the Employer shall extend, as necessary,
the deadline for submission of bids, in accordance with Clause 20.2 of ITB.

11 PREPARATION OF BIDS

11.1 Language of Bid

All documents relating to the Bid shall be in English language.

12. Documents Comprising the Bid

The Bid submitted by the Bidder shall be in two separate parts:

Part I Technical bid. This shall be named Technical Qualification Part of Bid and
shall comprise of:

i) The cost of the bidding documents.

ii) The Earnest money in any of the forms as specified in clause 16 of ITB or
Earnest Money declaration form specified in Section-7 as applicable.
iii) Authorized address and contact details of the Bidder having the following
information:
a. Address of communication:
Telephone No.(s):
Office:
Mobile No.:
b. Facsimile (FAX) No.:
c. Electronic Mail Identification (E-mail ID):
iv) Qualification information, supporting documents as specified in ITB.

v) Any other information/documents required to be completed and submitted

by bidders, as specified in the Appendix to ITB, and
vi) Scanned copy of the affidavit (on the format given in Section 7 of bid
document).

Part II. Financial Bid:-It shall be named Financial Bid and shall comprise of:

Priced bill of quantities for items specified in Section 6;

 18

The following documents, which are not submitted with the bid, will be deemed
to be part of the bid.

Section Particulars
1 Detail Notice Inviting Tender
2 Instructions to Bidders
3. Conditions of Contract
4. Contract Data
5. Technical Specifications
6. Drawings

13. Bid Prices

13.1 The Contract shall be for the whole Works, as described in Clause 1.1 of ITB,
based on the priced Bill of Quantities submitted by the Bidder.

13.2 For item rate tenders, the bidder shall fill in item rate at its appropriate place
in figures. Items for which no rate or price is entered by the bidder will not be
paid for by the employer. Such item, where the bidder does not quote the price
or leaves it blank, will be treated as item to be executed free of cost item from
the contractor.
13.3 For percentage rate tender, the bidder shall make its due diligence and quote
a single percentage above or below HSR items including any premium if
applicable and individual rate for NS items which are in the BOQ but not in
HSR. NS Items in the BOQ, for which no rate or price is entered by the bidder
will not be paid for by the Employer and considered as nil rate items.

13.4 All duties, taxes (excluding GST), royalties, compensation, cost and other
levies payable by the Contractor under the Contract or to execute item(s) of
work or for any other cause, shall be included in the rates, prices, and total
Bid price submitted by the Bidder online. The GST amount shall be
reimbursed on production of proof of deposit of GST with Govt. for the
previous payment.

13.5 The rates and prices quoted by the bidder are subject to adjustment during
the performance of the Contract in accordance with the provision of Clause 42
A of the Conditions of Contract.
13.6 The Bidder is not required to quote his rate for Routine Maintenance. The rates to be
paid for routine maintenance by the Employer are indicated in the Bill of Quantities.
14. Currencies of Bid
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian
Rupees.
15. Bid Validity

15.1 Online Bids shall remain valid for a period of not less than 120 days after the
deadline date for bid submission specified in ITB. A bid valid for a shorter
period shall be rejected by the Employer as non-responsive.
 19

15.2 In exceptional circumstances, prior to expiry of the original time limit, the
Employer may request the bidders to extend the period of validity for a
specified additional period. The request to the bidders’ shall be made in
writing or by email. A bidder may refuse the request without forfeiting his
Earnest money. A bidder agreeing to the request will not be required or
permitted to modify his bid, but will be required to extend the validity of his
Earnest money for a period of the extension, and in compliance with Clause
16 of ITB in all respects.

16. Earnest money and Earnest money declaration Form

16.1. The Bidder who does not have contractor id on HEWP cannot participate in
tendering process. Bidders who have contractor ID but have not registered on
HEWP can participate in tendering process by paying the earnest money
through online payment on the portal. Bidders who have contractor Id and are
registered on HEWP and also have deposited one time deposit are eligible for
participation in the tender by annexing bid specific Earnest Money
Declaration Form generated from HEWP.

a) Deleted
b) Deleted.
c) Deleted.
d) Deleted.
e) Deleted.

16.2 Deleted.

16.3 Deleted.

16.4. The bidder who is registered as contractor with Haryana Government and is
availing the exemption available for earnest money, shall upload bid specific
Earnest Money Declaration form duly downloaded from HEWP.

16.5 Any bid from the registered bidders not accompanied by an acceptable
Earnest Money Declaration form (in case exemption is availed) as above or not
secured as indicated in Sub-Clauses 16.1 above shall be rejected by the
Employer as non-responsive.

16.6. The successful bidder shall be de-registered with forfeiture of his/its one time
deposit of EMD exemption amount on HEWP and further barred from
participation in future bidding for a period of 2 years, in case of failure to
submit the Performance Bank Guarantee as per Clause 34 of this document.

17. Alternative Proposals by Bidders

17.1 Bidders shall submit offers that comply with the requirements of the bidding
documents, including the Bill of Quantities and the basic technical design as
indicated in the drawings and specifications. Conditional offer or alternative
proposals will be rejected as non-responsive.

18. Format and Signing of Bid

Deleted
 20

D. ONLINE SUBMISSION OF BIDS

Bidding through E-Tendering System

Instructions to bidder on Electronic Tendering System

These conditions will over-rule the conditions stated in the tender documents,
wherever relevant and applicable.

19.1 Registration of bidders on e-Procurement Portal:-

All the bidders intending to participate in the tenders processed online are
required to get registered on the centralized e – Procurement Portal
i.e.https://etenders.hry.nic.in. Please visit the website for more details.

19.2 Obtaining a Digital Certificate:

19. 2.1 The Bids submitted online should be encrypted and signed electronically
with a Digital Certificate to establish the identity of the bidder bidding
online. These Digital Certificates are issued by an Approved Certifying
Authority, by the Controller of Certifying Authorities, Government of India.

19.2.2 A Digital Certificate is issued upon receipt of mandatory identity (i.e.

Applicant’s PAN Card) and Address proofs and verification form duly
attested by the Bank Manager / Post Master / Gazetted Officer. Only upon
the receipt of the required documents, a digital certificate can be issued.
For more details please visit the website – https://etenders.hry.nic.in.

19.2.3 The bidders may obtain Class-II or III digital signature certificate from any
Certifying Authority or Sub-certifying Authority authorized by the
Controller of Certifying Authorities or may obtain information and
application format and documents required for the issue of digital
certificate from the authority.
19.2.4 The bidder must ensure that he/she comply by the online available
important guidelines at the portal https://etenders.hry.nic.in for Digital
Signature Certificate (DSC) including the e-Token carrying DSCs.

19.2.5 Bid for a particular tender must be submitted online using the digital
certificate (Encryption & Signing), which is used to encrypt and sign the
data during the stage of bid preparation. In case, during the process of a
particular tender, the user loses his digital certificate (due to virus attack,
hardware problem, operating system or any other problem) he will not be
able to submit the bid online.
Hence, the users are advised to keep a backup of the certificate and also
keep the copies at safe place under proper security (for its use in case of
emergencies).
 21

19.2.6 In case of online tendering, if the digital certificate issued to the authorized
user of a firm is used for signing and submitting a bid, it will be considered
equivalent to a no-objection certificate/power of attorney /lawful
authorization to that User. The firm has to authorize a specific individual
through an authorization certificate signed by all partners to use the
digital certificate as per Indian Information Technology Act 2000. Unless
the certificates are revoked, it will be assumed to represent adequate
authority of the user to bid on behalf of the firm in the department tenders
as per Information Technology Act 2000. The digital signature of this
authorized user will be binding on the firm.
19.2.7 In case of any change in the authorization, it shall be the responsibility of
management / partners of the firm to inform the certifying authority about
the change and to obtain the digital signatures of the new person / user
on behalf of the firm / company. The procedure for application of a digital
certificate however will remain the same for the new user.
19.2.8 The same procedure holds true for the authorized users in a private/Public
limited company. In this case, the authorization certificate will have to be
signed by the directors of the company.

19.3 Pre-requisites for online bidding:

In order to bid online on the portal http://etenders.hry.nic.in, the user

machine must be updated with the latest Java & DC setup. The link for
downloading latest java applet & DC setup are available on the Home page of
the e-tendering Portal.

19.4 Online Viewing of Detailed Notice Inviting Tenders:

The bidders can view the detailed N.I.T and the time schedule (Key Dates) for
all the tenders floated through the single portal e-Tender system on the Home
Page at http://etenders.hry.nic.in

19.5 Download of Tender Documents:

The tender documents can be downloaded free of cost from the e-Tender
portal http://etenders.hry.nic.in

19.6 Key Dates:

The bidders are strictly advised to follow dates and times as indicated in the
online Notice Inviting Tenders. The date and time shall be binding on all
bidders. All online activities are time tracked and the system enforces time
locks that ensure that no activity or transaction can take place outside the
start and end dates and the time of the stage as defined in the online Notice
Inviting Tenders.
 22

19.7 Online Payment of eService fee & Bid Preparation & Submission (PQQ/
Technical & Commercial/Price Bid):
Online Payment e-Service fee:

The online payment for eService fee can be done using the secure electronic
payment gateway by bidders/ Vendors online directly through Debit Cards
& Internet Banking Accounts. The secure electronic payments gateway is an
online interface between contractors and Debit card / online payment
authorization networks.

ii) PREPARATION & SUBMISSION Of online APPLICATIONS/BIDS:

Detailed Tender documents may be downloaded from e-Tenders website

(http://etenders.hry.nic.in) and tender mandatorily be submitted online.
Scan copy of Documents to be submitted/uploaded for prequalification or
Technical bid under online. The required documents (refer to DNIT) shall be
prepared and scanned in different file formats (in PDF /JPEG/MS WORD
format such that file size is not exceed more than 10 MB) and uploaded
during the on-line submission of Technical Bid.
FINANCIAL or Price Bid PROPOSAL shall be submitted mandatorily online
in the Excel Format.

19.8 ASSISTANCE TO THE BIDDERS:-

In case of any query regarding process of e - te nde rs and for undertaking

training purpose, the intended bidder can also avail the following and can contact
service provider as per below:

Office Timings of Help-desk support for Single e-Tender Portal of Government

of Haryana–Technical Support Assistance will be available over telephone Monday
to Friday (09:00 am. To 5:00 pm) 0172-2700275 also contact to help desk team of
Delhi (24 x 7) as given below
0120-4001002
0120-4200462
0120-4001005
0120-6277787
All queries would require to be registered at our official email support as
under (only those queries which are sent through email along with appropriate
screen shots or error description will be considered as registered with the Help-
desk)
(a) Technical:– Support e proc (at) nic (dot) in
(b) Policy Related:-cppp-doc(at) nic (dot) in

Important Note:-
(a) Any intending bidder can contact the helpdesk on or before prior to 4 hours
of the scheduled closing date &time of respective e-Auction/Tender event.
(b) For queries pertaining to e-Payment, please contact the help desk atleast 2
business days prior to the closing date & time of e-Auction/Tender event.
Help-desk support will remain closed during lunch break i.e. from 1:30
Pmupto2:15 PM on each working day.
 23

Schedule for Training

Haryana e-Tender Help Desk Office will remain closed on Saturday, Sunday
and National Holidays.

NOTE: Bidders participating in online tenders shall check the validity of his/her
Digital Signature Certificate before participating in the online Tenders at the
portal http://etenders.hry.nic.in.
For help manual please refer to the ‘Home Page’ of the e-Tender website at
https://etenders.hry.nic.in and click on the available link ‘How to ...? to
download the file.

20. Deadline for Submission of Bids

20.1 Complete Bids in two parts as per clause 19 above must be submitted by the
Bidder online not later than the date and time indicated in the Appendix to
ITB.

20.2 The Employer may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10.3 of ITB. In such case all rights and
obligations of the Employer and the bidders previously subject to the original
deadline will then be subject to the new deadline.

21. Late Bids

21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20
will be returned unopened to the bidder.

21.2. Deleted.

21.3 No bid shall be modified or withdrawn after the deadline of submission of

bids.

21.4 Withdrawal or modification of a bid between the deadline for submission of

bids and the expiration of the original period of bid validity specified in clause
15.1 above or as extended pursuant to Clause 15.2 may result in the
forfeiture of the Earnest money pursuant to Clause 16 or invite action as per
Earnest Money declaration undertaking.
 24

E. Bid Opening and Evaluation

Bid Opening

23.1 The Employer inviting the bids or its authorized representative will open the
bids online in the presence of the bidders or their representatives who choose
to attend at time, date and the place specified in Appendix to ITB.

23.2 In the event of the specified date for the Opening of bids being declared a
holiday for the Employer, the Bids will be opened at the appointed time and
location on the next working day.

23.3 The file containing the Part-I of the bid will be opened first.

23.4 The amount, form and validity of the cost of bidding document and earnest
money furnished with each bid will be announced. If the cost of bidding
document and earnest money furnished does not conform to the amount and
validity period as specified in the Invitation for Bid, and has not been
furnished in the form specified in Clause 16, the remaining technical bid will
not be opened and will be disqualified for opening of financial bid. Similarly for
registered bidders, bid not accompanied by the Earnest Money declaration
form, shall be rejected and technical bid not be opened.

23.5 The Employer will also prepare minutes of the Bid opening, including the
information disclosed in accordance with Clause 23.4 of ITB.
23.6
(i) Subject to confirmation of the earnest money, the bids accompanied with valid
earnest money/earnest money declaration form will be taken up for evaluation
with respect to the Qualification Information and other information furnished in
Part I of the bid pursuant to Clause 12.1.

(ii) The technical bid will be evaluated on the basis of the documents submitted
online by the bidder and no modification of his technical bid will be sought
from the bidder. No cognizance of the documents submitted subsequently by
the bidder on his own regarding his technical bid shall be taken. However,
clarification can be sought upto the extent of clearing any doubt the documents
already submitted online.

(iii) The bidders will respond in not more than 7 days of issue of the clarification
letter, which will also indicate the date, time and venue of opening of the
Financial Bid.

(iv) Immediately, on receipt of these clarifications the Evaluation Committee will

finalize the list of responsive bidders whose financial bids are eligible for
consideration.

23.7 The Employer shall hoist the result of technical evaluation of bids alongwith
the reasons for rejection of Part-I of the bid (Technical bid) on the website.
Thereafter, the employer shall wait for 7 days before opening the financial bid
of the qualified bidders so as to give the disqualified bidders and opportunity
to avail, if they so desire, any remedy available under the Law.
 25

23.8 Part II (Financial Bid) of bids of only those bidders will be opened online, who
have qualified in Part I of the bid. The bidders’ names, the Bid prices, the total
amount of each bid, and such other details as the Employer may consider
appropriate will be notified by the Employer at the time of bid opening.
23.9 The Employer shall prepare the minutes of the online opening of Part-II of the
Bids.
24 Process to be Confidential
Information relating to the examination, clarification, evaluation, and
comparison of bids and recommendations for the award of a contract shall not
be disclosed to bidders or any other persons not officially concerned with such
process until the award to the successful Bidder has been announced. Any
attempt by a Bidder to influence the Employer’s processing of bids or award
decisions may result in the rejection of his Bid.

25 Clarification of Bids and Contacting the Employer

25.1 No Bidder shall contact the Employer on any matter relating to its bid from
the time of the bid opening to the time the contract is awarded except as
specified in clause 25.3 here under. If the bidder wishes to bring additional
information to the notice of the Employer, it should do so in writing.
25.2 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.
25.3 To assist in the examination, evaluation, and comparison of Bids, the
Employer may, at his discretion, ask any Bidder for clarification of his Bid,
including breakdowns of unit rates. The request for clarification and the
response shall be in writing or by email, but no change in the price or
substance of the Bid shall be sought, offered, or permitted.
26. Examination of Bids and Determination of Responsiveness
26.1 During the detailed evaluation of “Part-I of Bids”, the Employer will determine
whether each Bid
(a) meets the eligibility criteria defined in Clauses 3 and 4;
(b) has been properly signed;
(c) is accompanied by the required securities; and
(d)is substantially responsive to the requirements of the bidding documents.
During the detailed evaluation of the “Part-II of Bids”, the responsiveness of
the bids will be further determined with respect to the remaining bid conditions, i.e.,
priced bill of quantities.
26.2 A substantially responsive “Financial Bid” is one which conforms to all the
terms, conditions, and specifications of the bidding documents, without
material deviation or reservation. A material deviation or reservation is one
(a) which affects in any substantial way the scope, quality, or performance of
the Works;
(b) which limits in any substantial way, inconsistent with the bidding
documents, the Employer’s rights or the Bidder’s obligations under the
Contract;
or
whose rectification would affect unfairly the competitive position of other
bidders presenting substantially responsive bids.
 26

26.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and
may not subsequently be made responsive by correction or withdrawal of the
non-conforming deviation or reservation.
27. Correction of Errors.
27.1. “Financial Bids” determined to be substantially responsive will be checked by
the ‘Employer’ for any errors. Errors will be corrected by the Employer as
follows:
Where there is a discrepancy between the unit of any item mentioned in
BOQ, from that in HSR, the unit mentioned in HSR shall prevail and
the total resulting from multiplying the quoted rate by the quantity,
shall be taken in to account.
27.2. The amount stated in the “Financial Bid” will be corrected by the Employer in
accordance with the above procedure and the bid amount adjusted in the
following manner.
(a) If the Bid price increases as a result of these corrections, the amount as
stated in the bid will be the ‘bid price’ and the increase will be treated
as rebate;
(b) If the bid price decreases as a result of the corrections, the decreased
amount will be treated as the ‘bid price’.
28. Adjusted in bid price pursuant to clause 27 above, shall be considered as
binding upon the Bidder. If the Bidder does not accept the corrected amount
the Bid will be rejected, and action as per provisions of Earnest Money
Declaration Form shall be initiated or Earnest Money shall be forfeited as
applicable.
29. Evaluation and Comparison of Bids

29.1 The Employer will evaluate and compare only the bids determined to be
substantially responsive in accordance with Clause 26 of ITB.

29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated
Bid Price by adjusting the Bid Price as follows:

(a) Adjustments to reflect discounts or other price offered in Financial bid

submitted online.

29.3 If the Bid of the successful Bidder is seriously unbalanced in relation to the
Engineer’s estimate of the cost of work to be performed under the contract,
the Employer may require the Bidder to produce detailed price analysis for
any or all items of the Bill of Quantities, to demonstrate the internal
consistency of those prices. After evaluation of the price analysis, the
Employer may require that the amount of the Performance Security set forth
in Clause 34 of ITB be increased at the expense of the successful Bidder to a
level sufficient to protect the Employer against financial loss in the event of
default of the successful Bidder under the Contract. The amount of the
increased Performance Security shall be decided at the sole discretion of the
Employer, which shall be final, binding and conclusive on the bidder. The
amount of additional performance security shall be equal to an amount
arrived at as below: -
 27

(i) If the Bid price offered by the contractor is negatively unbalanced upto the
10% of the estimated project cost (as per analytical rates / N.S. rates).
In such cases no additional performance security shall be taken from the
successful bidder;

(ii) If the bid price offered by the contractor is negatively unbalanced below
10% and upto 20% of the estimated project cost (as per analytical rates /
N.S. Rates): -

In such case, Additional performance security shall be calculated @ 20% of

the {(% below quoted by the contractor – 10%) of the estimated cost of the
project};

(iii) If the bid price offered by the contractor is further negatively unbalanced
below 20% of the estimated project cost (as per analytical rates / N.S.
Rates): -

In such case, the Additional performance security shall be calculated @

30% of the {(% below quoted by the contractor – 10%) of the estimated cost
of the project};

(iv) 20% of the total unbalanced amount of all the seriously unbalanced items
(i.e. unbalanced by more than 40% of the estimated amount of that
particular item/items).

Out of (i), (ii), (iii) and (iv) above Whichever is higher is to be deposited by the
successful bidder.

29.4 Validity of above Additional performance Security shall be valid until a date 28
days from the date of issue of the certificate of completion.

29.5 The Employer reserves the right to accept or reject any variation or deviation.
Variations and deviations and other factors, which are in excess of the
requirements of the Bidding documents or otherwise result in unsolicited
benefits for the Employer, shall not be taken into account in Bid evaluation.

29.6 The estimated effect of the price adjustment conditions under Clause 47 of the
Conditions of Contract, during the period of implementation of the Contract,
will not be taken into account in Bid evaluation.

30. The agency/Bidder to whom the work is allotted shall be paid lowest of the
following in the running/final bills.

I. Amount calculated with the accepted rates of lowest agency.

II. Amount worked out with the accepted percentage above/below

HSR+CP/analytical rates/ NS item rates, worked out in financial
statement. Financial statement will be made a part of agreement.
 28

F. AWARD OF CONTRACT
31. Award Criteria
31.1 Subject to Clause 32 of ITB, the Employer will award the Contract to the
Bidder whose Bid has been determined:
(i) To be substantially responsive to the bidding documents and who has offered
the lowest evaluated Bid price and
(ii) To be within the available bid capacity adjusted to account for his bid price
which is evaluated the lowest in any of the packages opened earlier than the
one under consideration. In no case, the contract shall be awarded to any
bidder whose available bid capacity is less than the evaluated bid.
32. Employer’s Right to Accept any Bid and to Reject any or all Bids
32.1 Notwithstanding Clause 31 above, the Employer reserves the right to accept or
reject any Bid, and to cancel the bidding process and reject all bids, at any
time prior to the award of Contract, without thereby incurring any liability to
the affected Bidder or bidders or any obligation to inform the affected Bidder
or bidders of the grounds for the Employer’s action.
33. Notification of Award and Signing of Agreement
33.1 The bidder whose Bid has been accepted will be notified of the award by the
Employer prior to expiration of the Bid validity period by email confirmed by
registered letter. This letter (hereinafter and in the Part I General Conditions of
Contract called the “Letter of Acceptance”) will state the sum that the
Employer will pay to the Contractor in consideration of the execution,
completion and maintenance of the works, by the Contractor during defect
liability period as prescribed by the Contract (hereinafter and in the Contract
called the “Contract Price”).

33.2 The notification of award will constitute the formation of the Contract, subject
only to the furnishing of a Performance Security in accordance with the
provisions of Clause 34.

33.3 The Agreement will incorporate all agreements between the Employer and the
successful Bidder. It will be signed by the Employer and the successful Bidder
after the Performance Bank Security is furnished.

33.4 Upon the furnishing by the successful Bidder of the Performance Security, the
Employer will promptly notify the other Bidders that their Bids have been
unsuccessful.

33.5 Upon the furnishing by the successful Bidder of the Performance Security, the
Employer shall issue the letter to proceed with the work.

33.6 If the lowest tenderer (L-1) backs out, his earnest money shall be forfeited or
action as per conditions of Bid Security Declaration Form shall be initiated.
The agency will be de-barred for giving tenders for two year and the second
lowest tenderer (L-2), third lowest tenderer (L-3) in order of sequence, may be
called upon to bring his offer to the same level as the originally first lowest
tenderer. In the event of their refusal to do so, tenders shall be recalled. In
case of great urgency, authority competent to accept the tender may authorize
call of limited or short notice tenders.
 29

34. Performance Security

34.1.a) Within 15 days of receipt of the Letter of Acceptance, the successful

Bidder shall deliver to the Employer a Performance Security in any of the
forms given below for an amount equivalent to 5% of the Contract price
plus additional security for unbalanced Bids in accordance with Clause
29.3 of ITB and Conditions of Contract:

A Bank Guarantee in the form given in Section 7/FDR in the name of

Executive Engineer concerned. Performance bank guarantee shall be
valid until a date 45 days after the expiry of Defect Liability-cum-
Maintenance Period.

34.1.b) As per Haryana Govt. Co-operation Department Notification No. 8366-C-

7-2016/13818 dated 08.12.2016, the performance security for Co-
operative Labour and Construction Societies shall be half of the
performance security applicable to contractors for works upto any value.
In case of the Cooperative Labour and Construction Societies consisting
of all women members or all SC members the performance security will
be 25% of the performance security applicable to contractor.

34.2 If the performance security is provided by the successful Bidder in the form of
a Bank Guarantee/FDR, it shall be issued either (a) at the Bidder’s option, by
a Nationalized/Scheduled Indian Bank or (b) by a foreign bank located in
India and acceptable to the Employer.

34.3 Failure of the successful Bidder to comply with the requirements of Sub-
Clause 34 shall constitute sufficient grounds for cancellation of the award and
forfeiture of the Earnest money/action due as per Earnest Money declaration.
The bidder shall also be debarred for period of 2 year from participation in
tenders in any of the Departments/Boards/Corporations etc. of Haryana
Government. If the work of is an urgent nature and cannot brook delay
involved in re-tendering, the remaining tenderers shall be offered the lowest
approved rates. If more than one tenderer turns up, then preferences shall be
given to the tenderer graded according to the rates quoted in the first
instance.

34.4 Whenever the work value is enhanced on account of variation in

quantities / change of scope of work during the execution, beyond 10%
above the original agreement amount, the contractor shall be required to
submit the additional Performance Security in the form of Bank
Guarantee @ 5% of the enhanced value of contract with the same validity
as applicable to the original Performance Security and a supplementary
agreement for the revised work value shall be signed with the
department which shall also define the mile stones as well as revised
intended completion date.The contractor shall deliver additional
Performance Security within 21 days of receipt of request in this regard
from the employer.

Illustration:
Original Amount Enhancement Amount after Additional Performance
of agreement enhancement
Rs 1,00,000.00 Rs 10,000.00 1,10,000.00 Nil
Rs 1,00,000.00 Rs 15,000.00 1,15,000.00 5% of Rs 15,000.00
 30

34.5 Failure of the contractor to submit a valid additional Performance Bank

Guarantee @ 5% of the enhanced value of contract as above shall invite
similar penalties as prescribed for non-submission of original
Performance Security. The time control on the revised work shall also be
monitored and implemented on pro-rata basis as per the clauses
applicable to the original work.

35. Advances

The Employer will provide Advances as stipulated in the conditions of

contract, subject to maximum amount, as stated in the Contract Data.

36. Corrupt or Fraudulent Practices

36.1 The ‘Employer’ will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question and will declare the firm ineligible,
either indefinitely or for a stated period of time; to be awarded a contract by
Haryana Government in any of Departments/Boards/Corporations etc.

36.2 The successful bidder shall be required to sign an Integrity Pact as provided
in Section 7.

36.3 The Employer requires the Bidders/Contractors to strictly observe the laws
against fraud and corruption in force in India, namely, Prevention of
Corruption Act, 1988.
37. Debarring
If a registered but unverified bidder submits Financial Bid online but he/it
fails to submit the Earnest Money instruments in physical form by 5:00 pm
with the Executive Engineer on the last date of submission of this tender, he /
it shall be blacklisted for participation in the bidding in all future tenders
floated by any of Department/Boards/Corporations etc. of Government of
Haryana, for a period of 2 years.
38. Completion of work

The agency to whom the work is allotted shall complete the entire work as per
drawings irrespective of quantities in the DNIT. The agency is bound to
consult the drawings before tendering and tender the work accordingly.
However, Clause 37 of GCC shall be applicable on the varied quantities.

Note:- After Clause 38 of ITB, any of the tendering Departments may include
one or more clauses in the ITB as per specific requirement of the
department/work.
 31

39. Instructions/ Special Qualification Requirements for Road Works

(i) (For works of any value involving bituminous work of DBM and /or
BC irrespective of amount of work)

Each bidder must demonstrate (Submit proof) of the ownership of Batch

Type Hot Mix Plant for the bids of the works where there is a provision
of Batch Type Hot Mix Plant in the BOQ. The Batch Type Hot Mix Plant
should be in possession of the bidder on the date of the tender and
should be in workable condition. The Batch Type Hot Mix Plant
should be within a radial distance of 50 kms. This 50 kms distance
shall be measured from the center of the starting and ending point of
road work put to tender. The bidder shall submit a key-map showing
the distance of location of Batch Type Hot Mix Plant to the center of
starting and ending point of the road work put to tender.

In case the agency does not possess the Batch Type Hot Mix Plant
within a radial distance of 50 kms then the agency shall furnish
unconditional Bank Guarantee of Rs. 1.00 Cr. which shall be released
after the installation of Batch Type Hot Mix Plant within a radial
distance of 50 kms.
In case the bidder does not install Batch Type Hot Mix Plant within a
radial distance of 50 kms, when the plant is required for execution of
work, the Bank Guarantee shall be forfeited.

(For composite works upto Rs. 5.00 Crore with provision of

bituminous works of BM and / or PC only).

Each bidder must demonstrate (Submit proof) of the ownership of Drum

Type / Batch Type Hot Mix Plant for the bids of the works where there
is a provision of Drum Type Hot Mix Plant in the BOQ. The Drum Type
/ Batch Type Hot Mix Plant (in workable condition) should be in
possession of the bidder on the date of tender and the bidder shall
submit proof of ownership of Drum Type / Batch Type Hot Mix Plant.
The Drum Type / Batch Type Hot Mix Plant should be within a radial
distance of 50 kms. This 50 kms distance shall be measured from the
center of the starting and ending point of road work put to tender. The
bidder shall submit a key-map showing the distance of location of Drum
Type / Batch Type Hot Mix Plant to the center of starting and ending
point of the road work put to tender.

In case the agency does not possess the Drum Type / Batch Type Hot
Mix Plant within a radial distance of 50 kms, then the agency shall
furnish unconditional Bank Guarantee of Rs. 25.00 Lacs which shall be
released after the installation of Drum Type / Batch Type Hot Mix Plant
within a radial distance of 50 kms as stated above.
In case the bidder does not install Drum Type / Batch Type Hot Mix
Plant within a radial distance of 50 kms, when the plant is required for
execution of work, the Bank Guarantee shall be forfeited.

The Drum Type / Batch Type Hot Mix Plant should have suitable
arrangements for mixing RAP.
 32

(ii) Each bidder must demonstrate (Submit proof) the availability

(either owned or leased) of concrete batches plant and fixed form
concrete paver where the work involves cement concrete pavement
costing less than Rs. 5.00 Crores and slip form paver where the
work involves cement concrete pavement costing Rs. 5.00 Crores
and above.

(iii) Non submission of any of the above as required shall amount to

declaration of tender as non-responsive.

Note: - Here tendering Departments should specify following

requirements as may be necessary for execution of the work:-

1. Equipment, Plant & Machinery.

2. Laboratory Equipment”
 33

Appendix to ITB
Instructions to Bidder Clause Reference

Sr. Description Value to be printed on system Clause No.

No. generated CBD
1. Authority Governor of Haryana / [Cl.1.1] or Press
Managing Director / Notice/
Chief Administrator or DNIT
Employer
2. The Employer is Superintending [Cl.1.1] or Press
Designation: Engineer/Deputy General Notice/DNIT
Address: Manager (IA)
3. Name of authorized _____________________ [Cl.1.1]
Representative
4. The Engineer is _____________________ [Cl.1.1]
Designation:
Address:
5. The Intended DD/MM/YYYY [Cl.1.1, 17 & 27]
Completion Date for the
whole of the Works is
____ months after start
of work.
6. The Works is (Name of _____________________ [Cl.1.1]
the work)
7. The jurisdiction of court _____________________ [Cl.1.1]
is
8. The average annual Rs. _______ lacs [Cl.(4.5 A) (i)]
financial turn over (Rs. ________________ only)
amount is
9. Value of work is as (i) Three works :- Rs…… Lacs [Cl.(4.5 A) (ii)]
under :- (ii) Two works :- Rs……
Lacs
(iii) Single Work:- Rs……
Lacs
10. Joint Venture Allowed / Not Allowed [C1. 3.2]
11. The contact person is: Executive Engineer, [Cl.7.1]
________________, /
Asstt. General Manager,
________________,
Address :
Telephone No.
12. Place, Time and Date Place :- [Cl.9.2]
for pre-bid meeting are Time :-
Date :-

___________________,
__________Department.
__________Circle
 34

Section-2
Qualification Information
Notes on Form of Qualification Information
The information to be filled in by bidders in the following pages will be used for
purposes of post-qualification as provided for in Clause 4 of the Instructions to Bidders.
This information will not be incorporated in the Contract. Attach additional pages as
necessary.

1. Individual Bidders

1.1 Constitution or legal status of Bidder [attach copy]

Place of registration:
Principal place of business:

Power of attorney of signatory of Bid (if [attach]

required)
1.2 Total annual financial turnover of each of the (Rs. In lacs)
last three year duly certified by Chartered Year _________
Accountant Year _________
Year _________

1.3.1 Work performed as prime Contractor (in the same name and style) on
construction works of a similar nature and volume over the last Five years. Attach
certificate from the Engineer-in-charge.

Project Name of Description Value of Contract Date Stipulated Actual Remarks

Name Employer of work contract No. of date of Date of explaining
Issue completion Completion reasons
of for delay,
Work if any
Order

1.3.2 Work performed as Sub-Contractor (in the same name and style) on
construction works of a similar nature and volume over the last Seven years. Attach
certificate from Principal Employer (Main Client). Attach legal document of
agreement / subcontract, Form 26 AS of the sub-contractor.

Project Name of Description Value of Contract Date Stipulated Actual Date Remarks
Name Employer of work contract No. of date of of explaining
Issue completion Completion reasons
of for delay,
Work if any
Order
 35

1.3.3 Information on Bid Capacity (works for which bids have been
submitted and works which are ongoing and yet to be completed) as on the
date of this bid.

Existing commitments and on-going construction works:

Description Place Contract Name & Value of Stipulated Value of Anticipated

of Work & No & Address Contract period of works Date of
State Date Of (Rs. In completion remaining completion
Employer lacs) to be
completed
(Rs.
Lacs) *
(1) (2) (3) (4) (5) (6) (7) (8)

1.3.3 (A) Works for which bids already submitted:

Descriptio Place & Name & Estimated Stipulated Date Remarks, if
n of works State Address of value of period of when any
Employer works completion decision is
(Rs. In expected
lacs)
1 2 3 4 5 6 7

Note:- Here, any of the departments may specify the quantities of the
work executed by the bidder.
 36

Section 3
Conditions of Contract
Table of Contents

A. General 32 Correction of Defects

1 Definitions 33 Uncorrected Defects
2 Interpretation D. Cost Control
3 Language and Law 34 Bill of Quantities
4 Engineer’s Decisions 35 Variations
5 Delegation 37 Payments for Variations
6 Communications 38 Cash Flow Forecasts
7 Subcontracting 39 Payment Certificates
8 Other Contractors 40 Payments
9 Personnel 44 Compensation Events
10 Employer’s and Contractor’s Risks 45 Tax
11 Employer’s Risks 46 Currencies
12 Contractor’s Risks 47 Price Adjustment
13 Insurance 48 Retention Money
14 Site Investigation Reports 49 Liquidated Damages
15 Queries about the Contract Data 50 Advance Payment
16 Contractor to Construct the Works 51 Securities
and do maintenance
17 The Works to Be Completed by the 52 Cost of Repairs
Intended Completion Date
18 Approval by the Engineer E. Finishing the Contract
19 Safety 53 Completion of Construction and
Maintenance
20 Discoveries 54 Taking Over
21 Possession of the Site 55 Substantial Completion
22 Access to the Site 56 Defect Liability
22A Royalties 57 Final Account
23 Instructions 58 Operating and Maintenance
Manuals
24 Dispute Redressal System 59 Termination
25 Arbitration 60 Payment upon Termination
B. Time Control 61 Property
26 Programme 62 Release from Performance
27 Extension of the Intended F. Special Conditions of Contract
Completion Date
28 Delays Ordered by the Engineer
29 Management Meetings
C. Quality Control
30 Identifying Defects
31 Tests
 37

Section 3
Part I General Conditions of Contract

A. General

1. Definitions

Terms which are defined in the Contract Data are not also defined in the Conditions
of Contract but keep their defined meanings. Capital initials are used to identify
defined terms.

Bill of Quantities means the priced and completed Bill of Quantities forming part of
the Bid.

Compensation Events are those defined in Clause 40 hereunder.

The Completion Date is the date of completion of the Works as certified by the
Engineer, in accordance with Clause 48.1.

The Contract is the Contract between the Employer and the Contractor to execute,
complete, and maintain the Works. It consists of the documents listed in Clause 2.3.

The Contract Data defines the documents and other information which comprise
the Contract.

The Contractor is a person or corporate body whose Bid to carry out the Works,
including routine maintenance, has been accepted by the Employer.

The Contractor’s Bid is the completed bidding document submitted by the

Contractor to the Employer.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the provisions of the Contract.

Days are calendar days; months are calendar months.

A Defect is any part of the Works not completed in accordance with the Contract or
distressed development in the work irrespective of any causes.

The Defect Liability-cum-Maintenance Period is the period named in the contract

Data and calculated from the Completion Date.

The ‘Defect Liability-cum-Maintenance Period’ is with payment for maintenance

activities as indicated in the Bill of Quantities of DNIT and based on the performance.

The Defect Liability-cum-Maintenance Period Certificate is the certificate issued

by Engineer, after the Defect Liability-cum-Maintenance Period has ended and upon
correction of Defects by the Contractor.
 38

The Maintenance means the activities required to be carried out for routine
maintenance of road relating to works covered in scope of work as per the agreement
or enhanced agreement.

Drawings include calculations and other information provided or approved by the

Engineer for the execution of the Contract.

The Employer is the party as defined in the Contract Data, who employs the
Contractor to carry out the Works, including routine maintenance. The Employer
may delegate any or all functions to a person or body nominated by him for specified
functions.

The Engineer is the person named in the Contract Data (or any other competent
person appointed by the Employer and notified to the Contractor, to act in
replacement of the Engineer) who is responsible for supervising the execution of the
Works and administering the Contract.

Equipment is the Contractor’s machinery and vehicles brought temporarily to the

Site to construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer’s Letter of
Acceptance.

The Revised Contract Price is the Contract Price agreed after signing of a
supplementary agreement with the Employer.

The Intended Completion Date is the date on which it is intended that the
Contractor shall complete the Works. The Intended Completion Date is specified in
the Contract Data. The Intended Completion Date may be revised only by the
Engineer by issuing an extension of time.

Materials are all supplies, including consumables, used by the Contractor for
incorporation in the Works.

Plant is any integral part of the Works that shall have a mechanical, electrical,
electronic, chemical, or biological function.

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

Site Investigation Reports are those that were included in the bidding documents
and are reports about the surface and subsurface conditions at the Site.

Specification means the Specification of the Work included in the Contract and any
modification or addition made or approved by the Engineer. Specifications for Road
and Bridge Works (Latest Edition as on date of Tender) published by Ministry of Road
Transport & Highways shall be applicable or any or all other specifications/IS Codes
applicable to a work.

The Start Date is given in the Contract Data. It is date when the Contractor shall
commence execution of the works. It does not necessarily coincide with any of
the Site Possession Dates.
 39

A Sub-Contractor is a person or corporate body who has a Contract with the

Contractor to carry out a part of the construction work in the Contract, which
includes work on the Site.

Temporary Works are works designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the Works.

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

The Works as defined in the Contract Data, are what the Contract requires the
Contractor to construct, install, maintain, and hand over to the Employer. Routine
maintenance is defined separately. Routine Maintenance is the maintenance of roads for five
years as specified in the Contract Data.

Substantial completion means those works which are at least 95% completed as on
the date of submission (i.e. gross value of work done upto the last date of submission
is 95% or more of the original contract price) and continuing satisfactorily.

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 are to be taken as mutually explanatory,
and unless otherwise expressly provided elsewhere in the Contract, the
priority of the documents, in the event of any ambiguity between them, shall
be interpreted in the following order of priority:

(1) Agreement / Revised Agreement / Supplementary Agreement,

(2) Notice to Proceed with the Work,
(3) Letter of Acceptance,
(4) Contractor’s Bid,
(5) Contract Data,
(6) Special Conditions of Contract Part II,
(7) General Conditions of Contract Part I,
(8) Specifications,
(9) Drawings,
(10) Bill of Quantities, and
(11) Any undertaking given subsequent to submission of bid.
(12) Any other document listed in the Contract Data.
 40

3. Language and Law

3.1 The language of the Contract shall be English. The law governing the Contract
are the Acts/Rules/Guidelines etc. notified by Government of India and
Government of Haryana.

3.2 The works are to be carried out strictly as per the applicable laws, permits,
rules and regulations. Any damages / penalties imposed by any statutory
authority, like NGT etc, on account of noncompliance of any applicable laws,
permits, rules and regulations shall have to be borne by the contractor.

4. Engineer’s Decisions

4.1 Except where otherwise specifically stated, the Engineer will decide
contractual matters between the Employer and the Contractor in the role
representing the Employer. However, if the Engineer is required under the
rules and regulations and orders of the Employer to obtain approval of some
other authorities for specific actions, he will so obtain the approval.

4.2 Except as expressly stated in the Contract, the Engineer shall not have any
authority to relieve the Contractor of any of his obligations under the Contract.

5. Delegation

5.1 The Engineer, with the approval of the Employer, may delegate any of his
duties and responsibilities to other person, after notifying the Contractor, and
may cancel any delegation after notifying the Contractor.

6. Communications

6.1 All certificates, 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. The address and contact details for communication with the
Employer/ Engineer shall be as per the details given in 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(a) The Contractor may subcontract part of the work with the approval of
the Employer in writing, up to percent defined in contract data of the
contract price, also part or full routine maintenance work after completion of
construction work but will not assign the Contract. It is expressly agreed that
the Contractor shall, at all times, be responsible and liable for all his
obligations under this Agreement notwithstanding anything contained in the
agreements with his Sub-contractors or any other agreement that may be
entered into by the Contractor and no default under any such agreement shall
exempt the Contractor from his obligations or liability hereunder.
 41

7.1 (b) However, any specialized work can be Sublet to a Sub Contractor possessing
required valid Experience and certificate required if any after approval from
the Employer.

7.2 The Contractor shall not be required to obtain any consent from the Employer
for:
(a) the sub-contracting of any part of the Works for which the Sub-
Contractor is named in the Contract;
(b) the provision for labour, or labour component.
(c) the purchase of Materials which are in accordance with the standards
specified in the Contract.

7.3. The Engineer should satisfy himself before recommending to the Employer
whether the Sub-Contractor so proposed for the Works possesses the
experience, qualifications and equipment necessary for the job proposed to be
entrusted to him in proportion to the quantum of Works to be sub-contracted.

7.4 While sub-contracting part of construction work or full routine maintenance for
five years as per provisions of Clause 7.1 and7.3 above, the Contractor shall
enter into formal sub-contract with sub-contractor making provisions for such
requirements as may be specified by the Engineer including a condition that
to the extent of inconsistency, provision of the Contract shall prevail over the
provisions of the sub-contract. A copy of document of formal sub-contract
shall be furnished to the Employer within a period of 30 days from the date of
such sub-contract. In all such cases, on completion of the Contract, the
Engineer, unless for reasons recorded in writing decides otherwise shall issue
a Certificate of Experience to the contractor and in such certificate, the
experience of the sub-contractors shall also be mentioned. The Copy of such
certificate would also be endorsed to the sub-contractor.

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with Other Contractors,
public authorities, utilities, and the Employer between the dates given in the
Schedule of Other Contractors, as referred to in the Contract Data. The
Contractor shall also provide facilities and services for them as described in
the Schedule. The Employer may modify the Schedule of Other Contractors,
and shall notify the Contractor of any such modification.

8.2 The Contractor should take up the works in convenient reaches as decided by
the Engineer to ensure there is least hindrance to the smooth flow of traffic
including movement of vehicles and equipment of Other Contractors till the
completion of the Works.

9. Personnel

9.1 The Contractor shall ensure that the personnel engaged by it in the
performance of its obligations under this Contract are at all times
appropriately qualified, skilled and experienced in their respective functions.
 42

9.2 The Contractor shall employ for the construction work routine maintenance and
operation of lab, the technical personnel named in the Contract Data or other
technical persons approved by the Engineer. Before signing the agreement the
contractor will submit the bio data of the technical personnel, as given in
contract data, he proposes to employ on this work to the Engineer and will get
the bio data approved from 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.

9.3 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. The Contractor shall then appoint
(or cause to be appointed) a replacement.

9.4 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 for employment with the Contractor.

9.5 The Engineer may require the Contractor to remove (or cause to be removed)
any person employed on the Site or Works, including the Contractor’s
Representative, who in the opinion of the Engineer:

(a) persists in any misconduct,

(b) is incompetent or negligent in the performance of his duties,
(c) fails to conform with any provisions of the Contract, or
(d) persists in any conduct which is prejudicial to safety, health, or the
protection of the environment.

10. Employer’s and Contractor’s Risks

10.1 The Employer carries the risks which this Contract states are Employer’s
risks, and the Contractor carries the risks which this Contract states are
Contractor’s risks.

11. Employer’s Risks

11.1 The Employer is responsible for the excepted risks which are (a) in so far as
they directly affect the execution of the Works in the 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) and contamination
from any nuclear fuel or nuclear waste or radioactive toxic explosive.

12. Contractor’s Risks

12.1 All risks of loss of or damage to physical property and of personal injury and
death which arise during and in consequence of the performance of the
Contract other than the excepted risks, referred to in clause 11.1, are the
responsibility of the Contractor.
 43

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 and material, plant and machinery to be
incorporated in the work.
(b) Personal injury or death.
(c) Loss of damage to property of third party other than the Contractor and
the Employer (except works, plant, material and equipments) in
connection with the Contract.

13.2 Insurance policies and certificates for insurance shall be delivered by the
Contractor to the Engineer for the Engineer’s approval before the Start
Date. All such insurance shall provide for compensation to be payable in
Indian Rupees to rectify the loss or damage incurred.

13.3 (a) The Contractor at his cost shall also provide, in the joint names of the
Employer and the Contractor, insurance cover from the date of completion
to the end of Defect Liability-cum-Maintenance Period, in the amounts
and deductibles stated in the Contract Data for personal injury or death
which are due to the Contractor’s risks:

13.3 (b) Insurance policies and certificates for insurance shall be delivered by the
Contractor to the Engineer for approval before the completion date/start
date. All such insurance shall provide for compensation to be payable in
Indian Rupees.

13.4 Alterations to the terms of insurance shall not be made without the
approval of the Employer.

13.5 Both parties shall comply with any conditions of the insurance policies.

14. Site Investigation Reports

14.1 The Contractor, in preparing the Bid, may, at his own risk, rely on any
Site Investigation Reports if referred to in the Contract Data,
supplemented by any other information available to him, before
submitting the bid.

14.2 The Contractor shall be required to make adequate dewatering

arrangements to make the area dry for construction work. No separate
payment shall be made to the Contractor for dewatering. The percentage
premium (above or below) for HSR items and individual rates for NS items
shall include the cost of dewatering unless specific provisions are made in
the BOQ for payment of dewatering. This includes sub soil/surface
dewatering also, if needed to execute the work properly.
 44

15. Queries about the Contract Data

15.1 The Engineer will clarify queries on the Contract Data.

16. Contractor to Construct the Works

16.1 The Contractor shall construct, and install and maintain the Works and do the
work of routine maintenance in accordance with the Specifications and Drawings.

17. The Works to Be Completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and
shall carry out the Works in accordance with the Programme submitted by the
Contractor, as updated with the approval of the Engineer, and complete them
by the Intended Completion Date.

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the
proposed Temporary Works to the Engineer, who is to approve them.

18.2 The Contractor shall be responsible for design and safety of Temporary Works.

18.3 The Engineer’s approval shall not alter the Contractor’s responsibility for
design and safety of the Temporary Works.

18.4 The Contractor shall obtain approval of third parties to the design and safety
of the Temporary Works, where required.

18.5 All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, are subject to prior approval by the Engineer before their
use.

19. Safety

19.1 The Contractor shall be responsible for the safety of all activities on the Site.

19.2 The Contractor shall be responsible for safety of all persons, employed by him
on Works, directly or through petty contractors or Sub-Contractors, and shall
report accidents to any of them, however, and wherever occurring on Works, to
the Engineer or the Engineer’s Representative and shall make every
arrangement to render all possible assistance and to provide prompt and
proper medical attention. The compensation for affected Workers or their
relatives shall be paid by the Contractor in such cases expeditiously in
accordance with the Workmen’s Compensation Act and other labour Laws and
regulations.
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.
 45

21. Possession of the Site

21.1 The Employer shall handover complete or part possession of the site to the
Contractor seven days in advance of construction programme. At the start of
the work, the Employer shall handover the possession of at least 80% 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
(c) State Government of Haryana.
22.2 Royalties

Except where otherwise stated, the contractor shall pay all tonnage and other
royalties, rent and other payments of compensation, if any, for getting stone,
sand, gravel, clay or other materials required for the works or excavation of
earth on the site of work.
The contractor has to give proof for making payment of royalty to any state
Government for procuring stone soling, stone metal, bajri and earth etc. If
these are arranged from quarries situated in Haryana but not auctioned by
Industries Department, Government of Haryana, the Engineer shall be at
liberty to make recovery of royalties after due notice to the contractor. The
decision of Employer in this regard shall be final.

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 arise in connection
with or arising out of this contract or the execution of work or Defect
Liability-cum-Maintenance period 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 alongwith their
powers in the contract data above the rank of the Engineer. The competent
authority shall, within a period of forty five days after being requested in
writing by the contractor to do so, convey his decision to the contractor.
Such decision in respect of every matter so referred shall, subject to review
as hereinafter provided, be final and binding upon the contractor. In case the
work is already in progress, the contractor shall proceed with the execution
of the works, including maintenance thereof pending receipt of the decision
of the authority as aforesaid, with all due diligence.
 46

24.2 Either of the parties is barred from making reference to the competent
authority after 120 days from completion of work i.e. the claims will be time
barred if the reference to the competent authority is not made within 120
days from the completion of work.
24.3 Either Party will have the right to apply for arbitration as provided here in
after if he/it is not satisfied with decision of the competent authority.
25. Arbitration
(a) Where any of the party is not satisfied with the order passed by the
competent authority can apply for appointment of Arbitrator. In case the
party invoking arbitrator is contractor he shall deposit a sum as security
deposit, proportionate to the claim amount, determined as per the values
given in ‘Contract Data’ with ‘Engineer’. On termination of the arbitration
proceedings, this fee shall be adjusted against the cost, if any, awarded by
the arbitrator against the claimant party and the balance remaining after
such adjustment, and in the absence of such cost being awarded, the whole
of the sum bill will be refunded within one month of the date of award.

(b) For agreement amounts upto Rs. 10.00 Crore (after adjusting the contract
price any increase/decrease due to variations etc.) the matter will be
referred to a single Arbitrator to be appointed by the Engineer-in-Chief from
the panel of arbitrators approved by the Government.

(c) For agreement amounts more than Rs. 10.00 Crore (after adjusting the
contract price any increase/decrease due to variations etc.) the matter will
be referred to an Arbitral Tribunal consisting of 3 arbitrators, one each to be
appointed by the Employer after taking approval from Engineer-in-Chief
and the contractor and the third arbitrator to be chosen by the two
arbitrators so appointed by both the parties to 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 Presiding Arbitrator shall be
appointed by the Administrative Secretary, of the department to which the
work belongs (Principal Secretary/ Additional Chief Secretary) as the case
may.

(d) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause
(c) above within 30 days after receipt of the notice of the appointment of its
arbitrator by the other party, then the Administrative Secretary, of the
department to which the work belongs shall appoint the arbitrator. A
certified copy of the order of the Administrative Secretary, of the department
to which the work belongs, making such an appointment shall be furnished
to each of the parties.
 47

(e) The decision of the majority of arbitrators shall prevail both parties.

(f) Arbitration proceedings shall be held in India, and the language of the
arbitration proceedings and that of all documents and communications
between the parties shall be English.

(g) The cost and expenses of Arbitration proceedings will be paid as provided
hereinafter. 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. The fee and expenses of presiding
Arbitrator shall be borne by both the parties equally.

(h) Performance under the contract shall continue during the arbitration
proceedings and payments due to the contractor by the employer shall not
be withheld, unless they are the subject matter of the arbitration
proceedings.

(i) The fee and other charges payable to an arbitrator shall be as per of “THE
ARBITRATION AND CONCILIATION (AMENDMENT) ACT., 2016.
 48

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, 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 personnel being deployed, the list of
machinery/ equipment 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 to the sequence of
the activities.

26.4 The Contractor shall submit to the Engineer for approval an updated
Programme at intervals no longer than the period stated in the Contract
Data. If the Contractor does not submit an updated Programme within this
period, the Engineer may withhold the amount stated in the Contract Data
from the next payment certificate and continue to withhold this amount until
the next payment after the date on which the overdue Programme has been
submitted.

26.5 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 Intend Completion Date, with approval from
authority competent to grant time extension as mentioned in clause 16.16.6
of PWD code through Employer, if a Compensation Event occurs or a
Variation is issued which makes it impossible for Completion to be achieved
by the Intended Completion Date without the Contractor taking steps to
accelerate the remaining work and which would cause the Contractor to
incur additional cost.

The Clause 16.16.6 is reproduced as under:-

“16.16.6 The authority competent to technically sanction the estimate shall
have the power to grant EOT. However, to check disproportionate EOTs and to
ensure uniformity in approach, the Engineer-in-Chief shall issue instructions
in this regard from time to time.”
 49

27.2 The Engineer with the approval of the authority competent to grant time
extension as per PWD Code Clause 16.16.6 through employer shall decide
whether and by how much to extend the Intended Completion date within 56
days of the Contractor asking the Engineer for a decision upon the effect of a
compensation event or variation and submitting full supporting information.
If the Contractor has failed to give early warning to delay or has failed to
cooperate in dealing with a delay, the delay by the failure shall not be
considered in accessing the new Intended Completion Date.

27.3 The Engineer shall within 14 days of receiving full justification from the
contractor for extension of Intended Completion Date refer to the employer.
The employer shall refer the case to the authority competent to grant time
extension as per Clause 16.16.6 of PWD Code within further 14 days for his
decision. It the authority competent to grant time extension fails to give his
acceptance within next 28 days, the engineer shall not grant the time
extension and the Contractor may refer the matter to the Dispute Redressal
System under clause 24.1. In case the employer happens to be the authority
competent to grant time extension, he would convey his decision to the
Engineer within 42 days.

28. Delays Ordered by the Engineer

28.1 The Engineer may instruct the Contractor to delay the start or progress of any
activity within the Works. Delay/delays 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 be decided by the Engineer either at the
management meeting or after the management meeting and stated in writing
to all those who attended the meeting.
 50

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 specifications, the
Contractor shall establish field laboratory at the location decided by Engineer
with in the time period defined in Contract Data. The field laboratory will have
minimum equipments as specified in the Contract Data. The Contractor shall
be solely responsible for :

(a) Carrying out the mandatory tests prescribed in the relevant

Specifications, and
(b) For the correctness of the test results, whether preformed in his
laboratory or elsewhere.
If the Engineer instructs the Contractor to carry out a test not specified in the
Specifications 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 Defects Liability-cum-Maintenance

Period and Routine Maintenance of Roads for five years as defined in Contract
Data.

32.1 The Engineer shall give notice to the Contractor of any Defects before the end
of the Defect Liability-cum-Maintenance Period, which begins from the
Completion Date and ends after five years. The Defect Liability-cum-Maintenance
Period shall be extended for as long as the Defects remain to be corrected.

32.2 Every time notice of Defect/Defects is given, the Contractor shall correct the
notified Defect/Defects within the duration of time specified by the Engineer’s
notice.

32.3 To fulfill the objectives laid down above, the Contractor shall undertake
detailed inspection of the roads at least once in a month. The Engineer can
increase this frequency in case of emergency. The Contractor shall forward to
the Engineer, the record of inspection and rectification each month. The
Contractor shall pay particular attention on those road sections which are
likely to be damaged or inundated during rainy season.

32.4 The Engineer may issue notice to the Contractor to carry out maintenance of
defects or deficiencies in maintenance, if any, noticed in his inspection, or
brought to his notice. The Contractor shall remove the defects within the
period specified in the notice and submit to the Engineer a compliance report.
 51

32.5 The Contractor shall do the routine maintenance of roads, including

pavement, road sides and cross drains including surface drains to the
required standards and keep the entire road surface and structure in Defect
free condition during the entire maintenance period which begins from the
Completion Date and ends after five years.

32.6 Incompliance to Programme of Routine maintenance work (as per clause 26.1)
submitted by the contractor, he shall carry out monthly inspection of roads
under maintenance, based on which, he shall submit monthly bills, as detailed
in subsequent clauses.

The routine maintenance standards shall meet the following

minimum requirements:-
(i) Potholes on the road surface to be repaired soon after (but not more
than 15 days to rectify) these appear or brought to his notice either during
the Contractor’s monthly inspection or by the Engineer.

(ii) Road shoulders to be maintained in proper condition to make them

free from excessive edge drop offs, roughness, scouring or potholes.

(iii) Cleaning of surface drains including reshaping to maintain free flow

of water.

(iv) Cleaning of culvert sand pits for free flow of water.

(v) Maintenance of road signs, pavement markings and other traffic

control devices

(vi) Any other maintenance operation required to keep the road traffic
worthy at all times during the maintenance period.

(vii) Maintenance of Cross–Drainage works.

(viii) The maintenance activity includes clearing of tree branches to keep the
sight distance visible all the time

32.7 The maintenance shall be carried out as mentioned in contract data and as
per direction of Engineer

33 Uncorrected Defects

33.1. If the Contractor has not corrected a Defect within the time specified in the
‘Engineer’s notice, the ‘Engineer’ will assess the cost of having the Defect
corrected, and the Contractor will pay double of this amount.
33.2If the contractor fails to pay the amount as intimated by the ‘Engineer’ to the
contractor as per clause 36.1 the same shall be recovered from the running
bill or the security amount and it if is more than the security amount then
the same shall be recovered from the performance security.
 52

D. Cost Control

34. Bill of Quantities

34.1 The Bill of Quantities shall contain items for the construction, installation,
testing, and commissioning works maintaining works, and lump sum amount per
km for yearly routine maintenance for each of the five years separately to be done by
the Contractor.

35 The Bill of Quantities is used to calculate the Contract Price. The Contractor is
paid for the quantity of the work done at the rates in the Bill of Quantities for
each item for the construction of roads. The payment for routine maintenance of roads
to the Contractor is performance based.

36. Variations

36.1 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 during the progress of the Works. Such
Variations shall form part of the Contract and the Contractor shall carry them
out and include them in updated Programmes produced by the Contractor.
Oral orders of the Engineer for Variations, unless followed by written
confirmation, shall not be taken into account.

37. Payments for Variations

37.1. If the final quantity of the work done differs from the quantity in the Bill of
Quantities for the particular item by more than 25 per cent provided the
change exceeds 1% of initial Contract Price, the ‘Engineer’ with the approval of
the Competent Authority and shall adjust the rate to allow for the change, duly
considering:

(a) justification for rate adjustment as furnished by the Contractor,

(b) economies resulting from increase in quantities by way of reduced
plant, equipment and overhead costs.
(c) Entitlement of the Contractor to compensation events where such
events are caused by any additional work.

37.2. If requested by the ‘Engineer’ / Employer, the Contractor shall provide the
‘Engineer’ / Employer with a detailed cost breakdown of any rate in the Bill of
Quantities.

38. Cash Flow Forecasts

38.1 When the Programme is updated, the Contractor shall provide the Engineer
with an updated cash flow forecast.
 53

39. Payment Certificates

39.1. The Contractor shall submit to the ‘Engineer’ monthly statements of the
estimated value of the work completed less the cumulative amount certified
previously by 1st week of the month. In case contractor does not submit his
bill by 1st week of the month, ‘Engineer’ shall get the monthly statement of the
estimated value of work completed less cumulative amount prepared by the
end of third week of the month. This procedure will be followed even if no work
is carried out at the site of work.

39.2. The ‘Engineer’ shall check the Contractor’s monthly statement within 21 days
of the date of submission and certify the amount as per agreement to be paid
to the Contractor. The amount so checked and certified by the ‘Engineer’ shall
be paid to the contractor within 30 days from such certification failing which
an interest @10% per annum for the period of delay shall be paid. In case the
payment is made earlier than 51 days then deduction of interest @ 10% per
annum for the number of days of early payment shall be deducted from the
next bill.

39.3. After submission of e-MB, a period of 21 (twenty one) days is given to the Junior
Engineer, Sub Divisional Engineer & Executive Engineer for passing of the bill. A
period of 04 (four) days is given to EE to send the bill submitted by the
contractor to the concerned SDE and JE. Further, for checking and verification of
bill, a period of 06 (six) days is given to the JE, 05 (five) days are given to SDE
and 06 (six) days are given to the EE. In case of delay on the part of any of
officer, the concerned shall be liable for the delay in payment.

39.4. The passed bill shall be forwarded by concerned Executive Engineer to

Superintending Engineer immediately but not later than above 06 (six) days and
Superintending Engineer shall forward, with in 05 (five) days, the same to Head
Office for payment. Head Office shall, with in 10 (ten) days, process the bill for
payment and release the LOC. The concerned EE, within 05 (five) days, after
release of LOC shall submit the bill to Treasury. The Finance Department shall,
within 10 (ten) days of receipt of bill in Treasury, release the payment to the
contractor.

39.5 The payment to the Contractor will be as follows for routine maintenance:

The payment for routine maintenance of roads to the Contract or is

performance based and at per km per year rate as provided in the contract.
For assessing performance of roads and payment, contractor to register
and submit monthly bills on maintenance. The performance of roads will
be assess through regular routine inspection RI and Performance
Evaluation PE by the engineer. The details of RI, marking system in PE
and payment methodology is given in note below. The detailed marking
system is given in contract data, clause 4(a)(vi).

a. Payment for routine maintenance will be performance based. For

certification of payment of routine maintenance, the engineer shall
determine whether the contractor has actually achieved compliance to the
 54

Service Quality Level (and other requirements) specified in the Scope of

Work, with reference to 100 point (hundred point) performance indexes
assigned to various maintenance activities as given in the contract data of
GCC and the engineer shall certify the amount to be paid to the
contractor. If contractor has not corrected a Defect pertaining to the
Defects Liability Period or attended maintenance work under clause 32 of
these conditions, to the required standard and performance index is below
80 points (eighty points) no payment will be released for that period even if
such maintenance is attended in subsequent months. If performance
index is 100 points full payment, at the approved rate, shall be released. If
performance index is between 80 to 100, proportionate deduction in
payment will be made for the works not attended during that period.

b. For performance evaluation and payment of routine maintenance

individual road shall be the unit. Evaluation shall be done separately for
every km or part thereof (segment wise) and weighted average of marks
obtained shall be considered while making payment.

c. If any two segments get less than 80 marks or any particular segment
continuously gets less than 80 marks, the payment for whole road shall be
denied. Details are as below.

Note: The Routine Inspection and performance evaluation of road will be

done for each KM or part of it, as the rates for maintenance are per KM
basis. The bill submissions by the contractors,Performance evaluation,
photographic records, payment etc and contractor is supposed to be well
versed with the system. The performance evaluation and marking system
and final marking is subject to the entire satisfaction of the engineer, who
has full authority to asses and give marks in PE.

ROUTINE INSPECTIONS
1. Every road must be inspected for Routine Inspection (RI) at least once in
two months. (Bi-monthly frequency)

2. Routine inspection can be carried out by any of the PIU officers including Sub
Engineer/JE/AE/DE/AEE/EEor equivalent.

3. For the purpose of RI, each road shall be divided into segments of one
kilometer or part thereof. Complete road length shall be compulsorily
inspected during a routine inspection.

4. During RI, inspected segment shall be graded as Satisfactory(S), Satisfactory

but requires improvement (SRI) and Unsatisfactory (U).
 55

PERFORMANCE EVALUATION
1. Every road must be evaluated at least once in two months.(Bi-monthly
frequency)

2. PE can be carried out by any of the PIU officers including Sub Engineer/
JE/AE/DE/AEE or equivalent.

3. For the purpose of PE, each road shall be divided into segments of one
kilometer or part thereof. Based on the grading of RI and photographs
uploaded during RI, every segment is given marks out of 100 on the
parameters fixed for PE. The weighted average marks are then evaluated for the
entire road.

4. All the PE conducted need to be finalized by the respective PIU-in-charge.

While finalizing

PE, PIU-in-charge may change the marks given to the road by the inspecting
officer, along with mentioning the reasons for the change made.
5. Criteria for Payment based on the marks obtained in PE is as follows:

a) If the weighted average marks for the entire road is 100 then full payment will
be done.
b) If the weighted average marks for the entire road is between 80 and 100, then
proportion at e payment will be done. For e.gif the marks obtained is 88 out of
100 then 88% of the amount of bill raised will be paid.
c) If the weighted average marks for the entire road is less than 80 then no
payment will be done for the entire road.
d) If any two segments of a road get less than 80 marks in the same PE, then no
payment will be done for the entire road.
e) If any particular segment of a road gets less than 80 marks in two consecutive
PE, then no payment will be done for the entire road.
f) The Contractor shall submit to the Engineer a bill every month for the
routine maintenance of the roads from the date the maintenance period
starts i.e. from completion date as defined in Clause 1.1, it will be
supported with a copy of the record of the Contractor’s monthly inspection
and other instructions received from the Engineer.
g) The payment will be made Six monthly for the monthly bills received and
as certified by the Engineer based on performance by the Contractor.
h) The contractor shall submit monthly bills by the 10th day of the next
month and If the bill for a month is not received from the Contractor, he
forfeits his right for the payment and no payment shall be due to the
contractor.
 56

i) On submission of timely bills, engineer to certify the quality and actions

taken as per clause 32.4 by the contractor, by way of Routine inspection
and Performance evaluation, marking system as explained herein before,
the frequency of RI and PE is every two months and payment of bills is six
monthly.
j) If the Contractor has failed to carry out the maintenance within the period
specified by the Engineer, no payment of any kind will be due to the
Contractor for that month.

40. Payments

40.1 Payments shall be adjusted for deductions for advance payments, security
deposit/retention, other recoveries in terms of the contract and taxes at
source, as applicable under the law.
40.2 Payment for the routine maintenance of the roads will be made Six Monthly for
the satisfactory maintenance of the Works and based on the monthly bills
submitted by the Contractor as per Clause 39.5 above and certified by the
engineer, within 15 days of the date of each certificate.

41. 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.

42. Items of the Works for which no rate or price has been entered in the Bill of
Quantities, will not be paid for by the Employer and shall be deemed covered
by other rates and prices in the Contract.

43. The agency / bidder to whom the work is allotted shall be paid lowest of the
following in the running / final bills:-
1. Amount calculated with the accepted rates of lowest agency.
2. Amount worked out with the accepted percentage above /below
HSR+CP/analytical rates/NS item rates, worked out in financial
statement. Financial statement will be made a part of agreement.

44. Compensation Events

44.1 The following are Compensation Events unless they are caused by the
Contractor:

a. The Employer does not give access to 80% of the area of project Site by
the Site Possession Date stated in the Contract Data.
b. The Employer modifies the schedule of other contractors in a way which
affects the work of the contractor under the contract.
c. The Engineer orders a delay or does not issue drawings, specifications
or instructions required for execution of works on time.
 57

d. The Engineer instructs the Contractor to uncover or to carry out

additional tests upon work which is then found to have no Defects.
e. The Engineer does not approve of a subcontract to be let, within 30
days.
f. Ground conditions are substantially more adverse than could
reasonably have been assumed before issuance of Letter of Acceptance
from the information issued to Bidders (including the Site Investigation
Reports), from information available publicly and from a visual
inspection of the site.
g. The Engineer gives an instruction for dealing with an unforeseen
condition, caused by the Employer, or additional work required for
safety or other reasons.
h. Other contractors, public authorities, utilities or the Employer does not
work within the dates and other constraints stated in the Contract, and
they cause delay or extra cost to the Contractor.
i. The advance payment is delayed, beyond 28 days after receipt of
application and bank guarantee.
j. The effect on the Contractor of any of the Employer’s Risks.
k. The Engineer unreasonably delays issuing a Certificate of Completion.
l. Other Compensation Events listed in the Contract Data or mentioned in
the Contract.

44.2 In case of works of Irrigation Water Resources Department, no compensation

would be payable due to non-availability of closure of a canal. If the closure
is not made available within the Intended Completion Date, the Contractor
will have the option to complete the works, with the permission of Competent
Authority, in the extended period.

44.3 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 recommend to the Employer whether and by
how much the Intended Completion Date shall be extended. Final approval
shall rest with the Employer.

45. Tax
The Price Bid by the Contractor shall include all custom duties, import duties,
levies, business taxes, income, toll and other taxes, duties, service tax,etc. of
local bodies and authorities as applicable that may be levied in accordance to
the laws and regulations in being as on the closing date for submission of Bid
in the country of Employer on the Contractor’s Equipment, Plant, materials
and supplies (permanent, temporary and consumables) acquired for the
purpose of Contract and on the services performed under the Contract
excluding GST. Nothing in this Contract shall relieve the Contractor from the
responsibility to pay the taxes and duties that may be levied in the Employer’s
country on profits made by him in respect of the Contract. The GST amount
shall be reimbursed on production of proof of deposit of GST with Govt. for the
previous payment.
 58

45.1 Subsequent Legislation

If, after the closing date for submission of Bid there occur changes to any
National or State Statue, Ordinance, Decree or other Law or any regulation or
bye-law of any local or other duly constituted authority, or the introduction of
any such State Statue, Ordinance, Decree, Law, regulation or bye-law which
causes additional or reduced cost to the Contractor in the execution of the
Contract, such additional or reduced cost shall, after due consultation with
the Employer and the Contractor, be determined by the Construction Manager
and shall be added to or deducted from the Contract Price and the
Construction Manager shall notify the Contractor accordingly, after taking
approval from the Competent Authority, with a copy to the Employer.

45.2 Other Changes in Cost

To the extent that full compensation for any rise or fall in costs to the
Contractor is not covered by the provisions of this or other ‘Clauses in the
Contract, the unit rates and prices included in the Contract shall be deemed
to include amounts to cover the contingency of such other rise or fall of costs.

46 Currencies

46.1 All payments will be made in Indian Rupees.

47. Price Adjustment

47.1 Contract price shall be adjusted for increase or decrease in rates with the
principles and procedures and as per formula given in the contact data. The
rate of cement/steel issued under the authority of Engineer-in-Chief
concerned on the date of receipt of tender shall be considered as base rate.

47.2 To the extent that full compensation for any rise or fall in costs to the
contractor is not covered by the provision of this or other clauses in the
contract, the unit rates and prices included in the contract shall be deemed to
include amounts to cover the contingency of such other rise or fall in costs.

47.3 The contractor shall submit original bill/ voucher while claiming the payment
for the work done. The bill/ voucher should pertain to the period of original
contractual time limit and should correspond with the progress of work. No
extra payment due to increase in rate of cement/steel/bitumen will be paid if
the original bill/ vouchers are not submitted by the agency. No increase in
prices of the cement/steel/bitumen shall be reimbursed to the contractor
beyond the original time period allowed for construction as per contract
agreement irrespective of extension of time limit granted to the agency for any
reason, whatsoever.

48. Retention Money

The Employer shall retain is sum of 6% (six percent) from each payment due
to the contractor subject to maximum of 5% of the final contract price until
Completion of the whole of the Works.
 59

On completion of the whole of the Works half the total amount retained is
repaid to the Contractor and half when the Defect Liability-cum-Maintenance
Period has passed and the Engineer has certified that all Defects notified by
the Engineer to the Contractor before the end of this period have been
corrected.
On completion of the whole works, the contractor may substitute retention
money with an “on demand” Bank guarantee/FDR.

49. Liquidated Damages

49.1 In the event of failure on part of the Contractor to achieve timely completion of
the project, including any extension of time granted under Clause 27, he shall,
without prejudice to any other right or remedy available under the law to the
Employer on account of such breach, pay as agreed liquidated damages to the
Employer and not by way of penalty in a sum calculated at the rate per day or
part thereof as 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 Contractors fails to achieve the milestones
prescribed in the Contract Data. However, in case the Contractor achieved the
next milestone, the amount of the liquidated damages already withheld shall
be restored to the Contractor by adjustment in the payment certificate. Both
the Parties expressly agree that the total amount of liquidated damages shall
not exceed 10% (ten percent) of the value of the balance work (amount of
uncompleted work) on the date on which liquidated damages have become
due. The liquidated damages payable by the Contractor are mutually agreed
genuine pre-estimated loss and without any proof of actual damage likely to be
suffered and incurred by the Employer; and the Employer is entitled to receive
the same and are not by way of penalty.

The Employer may, without pre-judice to any other method of recovery, deduct
the amount of such damages from any sum due, or to become due to the
Contractor or from Performance Security including Additional Performance
Security or any other dues from Government or semi-Government bodies
within the state.

The payment or deduction of such damages shall not relieve the Contractor
from his obligations to complete the Works, or from any other of his duties,
obligations or responsibilities under the Contract.

The Contractor shall use and continue to use his best endeavor to avoid or
reduce further delay to the Works, or any relevant Stages.

49.2 The Employer, with the approval of the competent authority, based on the
justified reasons, can extend the intended completion date. The liquidated
damages can be deferred/reduced/waived (whole or part) by the SE
concerned for contract(s) upto Rs.1.00 cr., CE from Rs.1.00 cr. to Rs.10.0.
cr. and E-In-C for contract(s) above Rs.10.00 cr. This will be done on
the written request of the contractor and written recommendations of
EE/SE as the case may be. If the Intended Completion Date is extended
after liquidated damages have been paid, the Engineer shall correct any such
payment of liquidated damages by the Contractor by adjusting the next
payment certificate.
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49.3 It is agreed by the Contractor that the decision of the Employer as to the
liquidated damages payable by the Contractor under this Clause shall be final
and binding.

50. Advance Payment

50.1. The Employer shall make advance payment to the Contractor of the amounts
stated in the Contract Data by the date stated in the Contract Data, against
provision by the Contractor of an Unconditional Bank Guarantee in a form as
per Section-7 and by a bank acceptable to the Employer in amounts and
currencies equal to the advance payment. 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 be charged on the advance payment as specified in the contract
data.

50.2. The Contractor is to use the advance payment only to pay for Equipment,
Plant and Mobilization expenses required specifically for execution of the
Works. The Contractor shall demonstrate that advance payment has been
used in this way by supplying copies of invoices or other documents to the
‘Engineer’.

50.3. The advance payment shall be repaid by deducting proportionate amounts

from payments otherwise due to the Contractor. Following the schedule of
completed percentages of the Works on a payment basis. No account shall be
taken of the advance payment or its repayment is assessing valuations of work
done, Variations, price adjustments, Compensation Events, or Liquidated
Damages.

50.4. Secured Advance

The ‘Engineer’ shall make advance payment in respect of materials intended

for but not yet incorporated in the Works in accordance with conditions
stipulated in the Contract Data.

51 Securities

51.1 The Performance Security equal to 5% (five percent) 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 an amount and
form by a bank or surety acceptable to the Employer, and denominated in
Indian Rupees. The Performance Security shall be valid until a date 45days
from the date of expiry of Defect Liability-cum-Maintenance Period and the
additional security for unbalanced bids shall be valid until a date 28 days from
the date of issue of the certificate of completion.

51.2 Whenever the work value is enhanced on account of variation in

quantities / change of scope of work during the execution, beyond 10%
above the original agreement amount, the contractor shall be required to
submit the additional Performance Security in the form of Bank
Guarantee @ 5% of the enhanced value of contract with the same validity
 61

as applicable to the original Performance Security and a supplementary

agreement for the revised work value shall be signed with the department
which shall also define the mile stones as well as revised intended
completion date. The contractor shall deliver additional Performance
Security within 21 days of receipt of request in this regard from the
employer.

Illustration:
Original Amount Enhancement Amount after Additional Performance
of agreement enhancement
Rs 1,00,000.00 Rs 10,000.00 1,10,000.00 Nil
Rs 1,00,000.00 Rs 15,000.00 1,15,000.00 5% of Rs 15,000.00

52. Cost of Repairs

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

between the Start Date and the end of the Defect Liability-cum-Maintenance
Period shall be remedied by the Contractor at his cost if the loss or damage
arises from the Contractor’s acts or omissions.
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E. Finishing the Contract

53. Completion of Construction and Maintenance

53.1 The Contractor shall request the Engineer to issue a Certificate of Completion
of the works and the Engineer will do so upon deciding that the Work is
completed, within 21 days of the receipt of request or within a reasonable
period as per nature of the work.
53.2 The Contractor shall request the Engineer to issue the certificate of completion
of the Routine Maintenance and the Engineer will do so upon deciding that
the work of Routine Maintenance is completed

54. Taking Over

54.1 The Employer shall take over the Works within seven days of the Engineer’s
issuing a certificate of Completion of Works. The Contractor shall continue to
remain responsible for its Defect Liability-cum-Maintenance period during
the Defect Liability-cum-Maintenance Period.

54.2 The Employer shall take over the maintained work within seven days of the
Engineer issuing a certificate of clearance of Defect Liability-cum-
Maintenance Period.

55. Substantial completion

55.1 The Engineer shall issue a substantial completion certificate if so requested by

the contractor if the work is atleast 95% complete and the work has been
executed to such an extent that it can be gainfully utilized by the Employer
and remaining work is minor in nature not affecting gainful use of the work.

56. Defect Liability-cum-Maintenance period

56.1 The Defect Liability-cum-Maintenance period shall be as defined in the

Contract Data and Special Condition of Contract.

57. Final Account

57.1. The Contractor shall supply to the ‘Engineer’ a detailed account of the total
amount that the Contractor considers payable under the Contract before the
end of the Defects Liability Period. The ‘Engineer’ shall issue a Defect Liability
Certificate and certify any final payment that is due to the Contractor within
56 days of receiving the Contractor’s account if it is correct and complete. If it
is not, ‘Engineer’ shall issue within 56 days a schedule that states the scope of
the corrections or additions that are necessary. If the Final Account is still
unsatisfactory after it has been resubmitted, the Engineer shall decide on the
amount payable to the Contractor and issue a payment certificate, within 56
days of receiving the Contractor’s revised account.
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57.2 The contractor will submit the final bill of construction within 21 days of issue
of Completion Certificate. The Engineer will process and pass the final bill
within 21 days of the submission of final bill by the contractor.
57.3 The Contractor shall submit to the Engineer a detailed account of the total amount that the
Contractor considers payable for maintenance of works under the contract 21 days before the
end of the Routine Maintenance Period. The Engineer shall issue a Routine Maintenance
Completion Certificate and certify any final payment that is due to the Contractor within 21
days of receiving the Contractor's account if it is correct and complete. If it is not, the Engineer
shall issue within 21 days a schedule that states the scope of the corrections or additions that
are necessary. If the revised account is still unsatisfactory after it has been resubmitted by the
Contractor, 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 routine maintenance will be made within 14 days thereafter.

57.4 In case the account for routine maintenance is not received within 21 days of issue of
Certificate of Completion as provided in clause 57.3 above, the Engineer shall proceed to
finalize the account and issue a payment certificate within 28 days. The payment of final bill
for routine maintenance will be made within 14 days thereafter.

58. As built drawings and Operating & Maintenance Manuals

58.1 The Contractor shall submit “as built” drawings for the work by the dates
given in the contract data. 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.

58.2 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.

59. Termination

59.1 The Employer or the Contractor may terminate the Contract if the other party
causes a fundamental breach of the Contract.

59.2 Fundamental breaches of the 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 ‘Engineer’ instructs the Contractor to delay the progress of the Works and
the instruction is not withdrawn within 56 days the Contractor is declared as
bankrupt or goes into liquidation other than for approved reconstruction or
amalgamation;
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(c) the Engineer gives Notice that failure to correct a particular Defect whether
pertaining to construction work or pertaining to Defect Liability-cum-
Maintenance Period is a fundamental breach of the Contract and the
Contractor fails to correct it within a reasonable period of time determined by
the Engineer;

(d) the Contractor does not maintain a Security, which is required;

(e) the Contractor has delayed the completion of the Works by the number of
days for which the maximum amount of liquidated damages can be paid, as
defined in clause 49.1;
(f) the Contractor fails to provide insurance cover as required under clause 13;

(g) if the Contractor, in the judgment of the Employer, has engaged in the
corrupt, fraudulent or coercive 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 willful misrepresentation or omission of facts or
submission of fake/forged documents in order to induce public official to act
in reliance thereof, with the purpose of obtaining unjust advantage by or
causing damage to justified interest of others and/or to influence the
procurement process to the detriment of the Government interests. And, this
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. “Coercive
practice” means the act of obtaining something, compelling an action or
influencing a decision through intimidation, threat or the use of force directly
or indirectly, where potential or actual injury may befall upon a person, his/
her reputation or property to influence their participation in the tendering
process.

(h) if the Contractor, in the judgment of the Employer, has engaged in the
corrupt, fraudulent practice to extract undue payments from the department
while 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 willful misrepresentation
or omission of facts or submission of fake/forged documents / claims / bills
in order to induce public official to act in reliance thereof, with the purpose of
obtaining unjust advantage detriment of the Government interests.

(i) any other fundamental breaches as specified in the Contract Data.

59.3 When either party to the Contract gives notice of a breach of contract to the
‘Engineer’ for a cause other than those listed under Sub Clause 59.2 above,
the ‘Engineer’ shall decide whether the breach is fundamental or not.

59.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
 65

59.5 If the Contract is terminated, the Contractor shall stop work immediately,
make the Site safe and secure, and leave the Site as soon as reasonably
possible.

60. Payment upon Termination

60.1 (i) 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, less liquidated damages, less advance payments received up to
the date of the issue of the certificate and less the percentage to apply to
the value of the work not completed, as indicated in the Contract Data. If
the total amount due to the Employer exceeds any payment due to the
Contractor, the difference shall be recovered from the Retention Money
and Performance Security. If any amount is still left un-recovered it will be
a debt payable to the Employer from any other due payments to the
contractor for any other works executed by him in the State of Haryana,
any other state Govt. works, Central Govt. works including state public
sector works executed by the Contractor.

60.1 (ii) If the Contract is terminated because of a fundamental breach of contract

by the Contractor due to non-compliance of the requirements of clause 32
of GCC regarding Defect Liability-cum-Maintenance Period, the Engineer
will assess the cost of having the defect corrected. 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 recovered from any dues
payable to the Contractor from any other State Government works including
State Public Sector works executed by the Contractor. If any amount still
remains unrecovered, it shall be recovered as arrears of land revenue.

60.2 If the Contract is terminated at the Employer’s convenience or because of a

fundamental breach of Contract by the Employer, the ‘Engineer’ shall issue
a certificate for the value of the work done, the cost of balance material
brought by the contractor and available at site, the reasonable cost of
removal of Equipment, repatriation of the Contractor’s personnel employed
solely on the Works and the Contractor’s costs of protecting and securing
the Works and less advance payments received up to the date of the
certificate, less other recoveries due in terms of the contract and less taxes
due to be deducted at source as per applicable law

61. Property

61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are
deemed to be the property of the Employer, if the Contract is terminated
because of a Contractor’s default to make recoveries.
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62. Release from Performance

62.1 If the Contract is frustrated by the outbreak of war or by any other event
entirely outside the control of the Employer or the Contractor, the Engineer
shall certify that the Contract has been frustrated. The Contractor shall
make the Site safe and stop work as quickly as possible after receiving this
certificate and shall be paid for all work carried out before receiving it and for
any work carried out afterwards to which a commitment was made.

62.2 If a Contractor dies during the currency of the Contract or becomes

permanently incapacitated, and his/her legal heirs are not willing to
complete the Contract, the Contract shall be closed without levying any
damages/compensation as provided for in clauses 44 and 60 of GCC.
However, if the nominee expresses his/her intention to complete the balance
work and the competent authority is satisfied about the competence of the
nominee, then the competent authority shall enter into a fresh agreement for
the remaining work strictly on the same terms and conditions, under which
the Contract was initially awarded.
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Part-II Special Conditions of Contract

LABOUR:

1.1 Every Contractor shall:-

(i) In relation to an establishment to which this Act applies on its
commencement, within a period of 60 days from such commencement,
and
(ii) In relation to any other establishment to which this Act may be
applicable at any time after such commencement, within a period of 60
days from the date on which this Act becomes applicable to such
establishment, make an application to the registering officer for the
registration of establishment.

Further, the first running bill of the contractor shall be cleared only after the
receipt of registration certificate under the Building & Other Construction
Workers Welfare (RE&CS) Act, 1996 and registration of all the eligible
construction workers as a beneficiary of the Haryana Building & Other
Construction Worker Welfare Board.

1.2 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for
their payment, housing, feeding and transport.

1.3 The Contractor shall, if required by the ‘Engineer’s, deliver to the ‘Engineer’ a
return in detail, in such form and at such intervals as the ‘Engineer’ may
prescribe, showing the staff and the numbers of the several classes of labour
from time to time employed by the Contractor on the Site and such other
information as the ‘Engineer’ may require.

2.0 COMPLIANCE WITH LABOUR REGULATIONS:

During continuance of the contract, the Contractor and his sub-contractors

shall abide at all times by all existing labour enactments and rules made there
under, regulations, notifications and bye laws of the State or Central
Government or local authority and any other labour law (including rules),
regulations, bye laws that may be passed or notification that may be issued
under any labour law in future either by the State or the Central Government
or the local authority. Salient features of some of the major labour laws that
are applicable to construction industry are given below. The Contractor shall
keep the Employer indemnified in case any action is taken against the
Employer by the competent authority on account of contravention of any of
the provisions of any Act or rules make there under, regulations or
notifications including amendments. If the Employer is caused to pay or
reimburse, such amounts as may be necessary to cause or observe, or for
non-observance of the provisions stipulated in the notifications/bye
 68

laws/Acts/Rules/regulations including amendments, if any, on the part of the

Contractor, the ‘Engineer’s /Employer shall have the right to deduct any
money due to the Contractor including his amount of performance security.
The Employer/’Engineer’ shall also have right to recover from the Contractor
any sum required or estimated to be required for making good the loss or
damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be
treated as the employees of the Employer at any point of time.
2.1. Registration of Establishment: -

(1) Every employer shall –

(a) in relation to an establishment to which this Act apples on its
commencement, within a period of sixty days from such commencement;
and
(b) in relation to any other establishment to which this Act may be applicable
at any time after such commencement, within a period of sixty days from
the date on which this Act becomes applicable to such establishment,
make an application to the registering officer for the registration of such
establishment;
Provided that the registering officer may entertain any such application
after the expiry of the periods aforesaid, if he is satisfied that the applicant
was prevented by sufficient cause from making the application within such
period.
(2) Every application under sub-section (1) shall be in such form and shall
contain such particulars and shall be accompanied by such fees as may be
prescribed.
(3) After the receipt of an application under sub-section (1), the registering officer
shall register the establishment and issue a certificate of registration to the
employer thereof in such form and within such time and subject to such
conditions as may be prescribed.
(4) Where, after the registration of an establishment under this section, any
change-occurs in the ownership or management or other prescribed
particulars intimated by the employer to the registering officer within thirty
days of such change in such form as may be prescribed”.

In case of work executed through the contractor, it is the responsibility

of the contractor to get the works registered as employers as per section 2(i) of
the BOCW Act. In case of works executed directly through the department, the
department is liable to get the works registered.

a) Every Contractor shall:-

(i) In relation to an establishment to which this Act applies on its

commencement, within a period of 60 days from such commencements; and
 69

(ii) In relation to any other establishment to which this Act may be applicable at
any time after such commencement, within a period of 60 days from the date
on which this Act becomes applicable to such establishment, make an
application to the registering officer for the registration of establishment.

It is mandatory to strictly compliance of BOCW Act and registration of all

eligible construction labour. Otherwise it will attract criminal proceedings
against the contractual agency and employer for non-compliance of Building &
Other Construction Workers Welfare (RE&CS) Act, 1996 and registration of all
the eligible construction workers as a beneficiary of the Haryana Building &
Other Construction Worker Board.

2.2 SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION
WORK.

a) Workman Compensation Act1923:- The Act provides for compensation in

case of injury by accident arising out of and during the course of
employment.

b) Payment of Gratuity Act 1972:- Gratuity is payable to an employee under

the Act on satisfaction of certain conditions on separation if an employee
has completed 5 years service or more on death, the rate of 15 days wages
for every completed year of service. The Act is applicable to all
establishments employing 10 or more employees.

c) Employee P.F. and Miscellaneous Provision Act 1952:- The Act Provides for
monthly contributions by the employer plus workers @10% each. The
benefits payable under the Act are:

(i) Pension or family pension on retirement or death, as the case may

be.
(ii) Deposit insurance linked with death of the worker during
Employment.
(iii) Payment of P.F. accumulation or retirement/death etc.

d) Maternity Benefit Act 1951:- The Act provides for leave and some other
benefits to women employees in case of confinement or miscarriage etc.

e. Contract Labour (Regulation & Abolition) Act 1970:- The Act provides for
certain welfare measures to be provided by the Contractor to contract
labour and in case the Contractor fails to provide, the same are required to
be provided by the Principal Employer by Law. The Principal Employer is
required to take Certificate of Registration and the Contractor is required
to take licence from the designated Officer. The Act is applicable to the
establishments or Contractor of Principal Employer, if they employ 20 or
more contract labour.
 70

f. Minimum Wages Act 1948:- The Employer is supposed to pay not less
than the Minimum Wages fixed by appropriate Government as per
provisions of the Act, if the employment is a scheduled employment.
Construction of Buildings, Roads, Runways are scheduled employments.
(g) Payment of Wages Act 1936:_ It lays down as to by what date the wages are
to be paid, when it will be paid and what deductions can be made from the
wages of the workers.

(h) Equal Remuneration Act 1979:- The Act provides for payment of equal
wages for work of equal nature to Male and Female workers and for not
making discrimination against Female employees in the matters of
transfers, training and promotions etc.

(i) Deleted

(j) Industrial Disputes Act 1947:- The Act lays down the machinery and
procedure for resolution of Industrial disputes, in what situations a strike
or lock-out becomes illegal and what are the requirements for laying off or
retrenching the employees or closing down the establishment.

(k) Industrial Employment (Standing Orders) Act 1946:- It is applicable to all

establishments employing 100 or more workmen (employment size reduced
by some of the States and Central Government to 50 ). The Act provides for
laying down rules governing the conditions of employment by the Employer
on matters provided in the Act and get the same certified by the designated
Authority.

(l) Trade Unions Act 1926:- The Act lays down the procedure for registration
of trade unions of workmen and employers. The Trade Unions registered
under the Act have been given certain immunities from civil and criminal
liabilities.

(m) Child Labour (Prohibition & Regulation) Act 1986:- The Act prohibits
employment of children below 14 years of age in certain occupations and
processes and provides for regulation of employment of children in all other
occupations and processes. Employment of Child Labour is prohibited in
Building and Construction Industry.

(n) Inter-State-Migrant workmen’s (Regulation of Employment & Conditions of

Service) Act 1979:_ The Act is applicable to an establishment which
employs 5 or more inter-state migrant workmen through an intermediary
(who has recruited workmen in one state for employment in the
establishment situated in another state). The Inter-State migrant workmen,
in an establishment to which this Act becomes applicable, are required to
be provided certain facilities such as housing, medical aid, traveling
expenses from home upto the establishment and back, etc.
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(o) The Building and Other Construction Workers (Regulation of Employment

and Conditions of Service) Act 1996 and the Cess Act of 1996:- All the
establishment who carry on any building or other construction work and
employs 10 or more workers are covered under this Act. All such
establishments are required to pay cess at the rate not exceeding 2% of the
cost of construction as may be modified by the Government. The Employer
of the establishment is required to provide safety measures at the Building
or construction work and other welfare measures, such as Canteens, First-
Aid facilities, Ambulance, Housing accommodations for workers near the
work place etc. The Employer to whom the Act applies has to obtain a
registration certificate from the Registering Officer appointed by the
Government.
(p) Factories Act 1948:- The Act lays down the procedure for approval of plans
before setting up a factory, health and safety provisions, welfare provisions,
working hours, annual earned leave and rendering information regarding
accidents or dangerous occurrences to designated authorities. It is
applicable to premises employing 10 persons or more with aid of power or
20 or more persons without the aid of power engaged in manufacturing
process.

2.3 FAIR WAGE CLAUSES

(a) The Contractor shall pay not less than the fair wage to labourers
engaged by him on the work.
EXPLANATION:-Fair Wage’ means wage whether for time of piece
work notified from time to time for the area and where such wages
have not been so notified the wages specified by the Public Works
(B&R) Deptt. Haryana for the district in which the work is done.

(b) The Contractor shall not withstanding the provisions of any agreement
to the contrary, caused to be paid fair wages to labour, indirectly
engaged on the work including any labour engaged by his sub-
contractors in connection with the said work, as if the labourers had
been directly employed by him.

(c) In respect of labour directly or indirectly employed on the works for the
performances of the contractor’s part on this agreement the contractor
shall comply with or cause to be complied with the Haryana PWD
Contractor’s Labour’s Regulations made by the Government from time
to time in regard to payment of wages wage period deductions from
wages recovery of wages not paid and deductions unauthorized made
maintenance of wage register wage book, wage slip, publication of
wages and other terms of employment inspection and submission of
periodical returns and all other matters of a lime nature.
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(d) The Executive Engineer or Sub Divisional Engineer concerned shall

have the rights to deduct, from the moneys due to the Contractor, any
sum required or estimated to be required for making good the loss
suffered by a worker or workers by reason of non-fulfillment of the
conditions of the contract for benefit of the workers, non payment of
wages or deductions made from his or their wages, which are not
justified by terms of the contract for non observance of the regulations
referred to in clause I above.

(e) Vis-à-vis the Haryana Government, the Contractor shall be primarily

liable for all payments to be made under and the observance of the
regulations aforesaid without prejudice to his right to claim indemnity
from his sub Contractors.

(f) The regulations shall be deemed to be a part of this contract and any
branch there shall be deemed to be branch of this contract.

2.4 RULES FOR PROTECTION OF HEALTH & SANITARY ARRANGEMENTS

2.4.1 Rules for the Protection of Health and Sanitary Arrangements for
Workers Employed by the Haryana Public Works Department or its
Contractors
The Contractor shall at his own expense provide or arrange for the provision of
foot wear for any labour doing cement mixing work (the Contractor has
undertaken to execute under this contract) to the satisfaction of the Engineer
– in – charge and on his failure to do so Government shall be entitled to
provide the same and recover the cost thereof from Contractor.

The Contractor shall submit by the 4th and 19th of every month to the
Executive Engineer a true statement showing in respect of the second half of
the proceeding month and the first half of the current month respectively (i)
the number of labourers employed by him on the work (ii) their working hours
(iii) the wages paid to them (iv) the accident that occurred during the said
forthright showing the circumstances under which they happened and the
extent of damage and injury caused by them and (v) the number of female
workers who have been allowed Maternity benefit according to clause 19-F and
the amount paid to them failing which the Contractor shall be liable to pay to
Government a sum not exceeding Rs. 50/- for each default or materially
incorrect statement. The decision of the Executive Engineer shall be final in
deducting from any bill due to the contractor the amount levied as fine.

Maternity benefit for female workers employed by the Contractor, leave and
pay during leave shall be regulated as follow: -

1. LEAVE (i) in case of delivery/maternity leave not exceeding 8 weeks (4

weeks up to and including the day of delivery and 4 weeks following that
day) (ii) in case of miscarriage : up to 3 weeks from the date of miscarriage.
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2. PAY (i) In case of delivery, leave pay during maternity leave will be at the
rate of the woman’s average daily earning calculated on the total wages
earned on the day when full time work was done during a period of 3
months immediately preceding the date of which she gives notice that she
excepts to be confined or at the rate of Rs. 12/- per day which ever is
greater.

3. In case of miscarriage, Leave pay at the rate of average daily earning

calculated on the total wages earned on the days when full time work was
done during a period of 3 months immediately proceeding the date of such
miscarriage.

4. Conditions for the grant of Maternity leave:- No Maternity leave benefit shall
be admissible to a woman unless she produces a certificate of confinement
and excepted delivery within 4 weeks proceeding the date on she proceeds
on leave.

2.4.2 FIRST AID

(a) At every work place, there shall be maintained in readily accessible place
first aid appliances including an adequate supply of sterilized dressing and
cotton wools. The appliances shall be kept in good order and in large
workplaces it shall be placed under the charge of a responsible person
who shall be readily available during the working hours.
(b) All large work places where hospital facilities are not available within easy
distance of the work, first aid post shall be established and be run by a
trained compo under.
(c) Where large work places are remote from regular hospital an indoor ward
shall be provided with one bed for every 250 employees.
(d) Where large work places are situated in cities, towns in their suburbs and
no beds are considered necessary owing to the proximity of city or town
hospitals a suitable transport shall be provided to facilitate removal of
urgent cases to these hospitals.
(e) At other work place, the conveyance facilities such as car shall be kept
readily available to take injured or persons suddenly taken seriously ill, to
the nearest hospital.
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2.4.3 SCALES OF ACCOMMODATION IN LATRINES URINALS

These shall be provided within the precinct of every work places, Latrines and
Urinals in an accessible place and the accommodation separately for each of them
shall not be less than the following scales : -
No. of Sheds

(a) Where the number of persons does not exceed 50 2

(b) Where the number of persons exceeding 50 but 3

does not exceeds 100

(c) For every additional 100 3 per 100

In particulars cases the Executive Engineer shall have the powers to very the scale
where necessary.

2.4.3 Latrines and Urinals for women

If women are employed, separate latrines and urinals screamed from these for
men and marked in vernacular in conspicuous letters ‘FOR WOMEN ONLY’
shall be provided on the scale laid in rules, Similarly those for men shall be
marked ‘FOR MEN ONLY’ A poster showing the figures of a man and women
shall also be exhibited at the entrance of latrine for each sex. There shall be
adequate supply of water close to latrines.

2.4.4 LATRINES AND URINAL

Except in work places provided with flush latrines concerned with a water
borne sewerages systems all latrines shall be provided with receptacies order
earth system which shall be in working order and kept in strictly sanitary
conditions. The receptacles shall be tarried inside and outside at least once a
year.

The inside walls shall be constructed of masonry or some suitable heat

resisting non absorbent material and shall be cement washed inside and
outside at least once a year. The dates of cement shall be noted in register
maintained for this purpose and kept available for inspection.

2.4.5 DISPOSAL OF EXCRETA

Unless otherwise aggranged for by the local sanitary authority arrangements

for proper disposal and a sanitary of excreta by incineration at the work place
shall be made by means of a suitable incineration approved by the Asstt.
Director of Public Health or Municipal Medical Officer of Health, as the case
may be, in whose jurisdiction the work place is situated. Alternately excreta
may be disposed of by putting a layer of night soil at the bottom of pucca tank
prepared for the purpose and covering it with 9 inches layers of earth for a
fortnight when it will turn into a manure.
 75

2.4.6 CRECHE:

At every work place these shall be provided free of cost two suitable sheds one
main and the other for the use of labour. The height of the shelter shall not be
less than eleven feet from the floor level to the lowest part of the roof.

2.4.7 PROVISION OR SHELTER DURING REST:

At every work place at which 50 or more women workers are ordinary

employed, these two huts for use of children under the age of six years
belonging to such women. One hut shall be used for infants “Games and to
play” and the other as their bed room. The hut shall not be constructed on a
lower standard then the following :-

(i) Thatched roofs.

(ii) Mud floors and walls.
(iii) Plants spread over mud floor and covered with mating.

The huts shall be provided with suitable and sufficient opening for light and
ventilations. There shall be adequate provision of sweepers to keep the place
clean. There shall be two day attendant. Sanitary, utensils shall be provided to
the satisfaction of Health Office of the area concerned. The use of the hut shall
be restricted to children, their attendant and mothers of the children.

2.4.8 CANTEEN:

A cooked food canteens on a moderate scale shall be provided for the benefit of
workers where over it is considered expedient.

2.4.9 GENERAL RULES AS TO SCAFFOLDS :

(i) Suitable scaffolds shall be provided for all workmen for all works that
cannot be safely done from a ladder or by other means.

(ii) A scaffolds shall not be constructed taken down or substantially altered

except.

(iii) Under the supervision of a competent and responsible person, and

(a) As far as possible by competent workers possessing adequate
experience in this kind of work.
(b) All scaffolds and appliances connected there with and ladder shall :-

1. be of sound material.
2. be of adequate strength having regard to the load and strains to
which they will be subjected and
3. be maintained in proper condition.
4. scaffolds shall not be overloaded and so far as practicable, the load
shall be evenly distributed.
 76

5. scaffolds shall be so constructed that no part there of can be

displaced in on normal use.
6. Before installing, lifting gear on scaffolds special precautions shall
be taken to ensure the strength and stability of the scaffolds.
7. scaffolds shall be periodically inspected by the competent person.
8. before allowing a scaffold to be used by the workman, every care
shall be taken to see whether the scaffolds have been erected by his
workmen and steps taken to ensure that it complies fully with the
requirement of the articles.
9. Working platforms gangways and stairways shall:
(a) be so constructed that no part of the road is covered.
(b) Be so constructed and maintained, having regard to the prevailing
condition as to reduce as for as practicable.
(c) Be kept free from any unnecessary obstruction.
(d) In case of working platforms gangways place and stairways at a
height exceeding that to be prescribed by a national laws and
regulations :-
(i) Every working platform and every gangway shall be closely boarded
unless other adequate measures are taken to ensure safety.
(j) Every working platform and every gangway shall have adequate
width, and;
Every opening in the floor of a building or in working platforms shall
except for the time and to the extent required to allow the access of
persons or the transport or shifting of material be provided with
suitable means to prevent the fall of persons or materials.
When persons are employed on a roof where there is a danger of failing from a
height exceeding that to be prescribed by national laws of regulations suitable
precautions shall be a taken to prevent the fall of persons or materials.
Suitable precautions shall be taken to prevent persons being struck by articles
which might fall from scaffolds or other working places.

1. Soft means of access shall be provided to all working platforms an other

working places.
2. Every place where work is carried on the means approach there to shall be
adequately lighted.
3. Every ladder shall be securely fixed of such length as to provide secure
hand held and foot at every position at which it is used.
4. Adequate precautions shall be taken to prevent danger from electrical
equipment.
5. No material on the site shall be so stacked or placed as to cause danger to
any person.

2.4.10 GENERAL RULES AS TO SAFETY EQUIPMENT AND FIRST AID

(1) All necessary personal safety equipment shall be kept and available for
use of the persons employed on the site be maintained in condition
suitable for immediate use.
 77

(2) The worker shall be required to use the equipment thus provided and the
employed shall take adequate steps to ensure proper use of the equipment
by these concerned.
(3) Adequate provision shall be made for prompt first aid treatment of all
injuries likely to be sustained during the course of the work.
3.0 Environment
a) The contractor shall take all reasonable steps to protect the environment
at and off the Site and to avoid damage or nuisance to persons or to
property of the public or others resulting from pollution, noise or other
causes arising as a consequence of his methods of operation.
b) During continuance of the contract, the contractor and his sub-
contractors shall abide at all times by all existing enactments on
environmental protection and rules made there under, regulations,
notifications and by laws of the State or Central Government or local
authorities and any other law, bye law, regulations that may be passed
for notification that may be issued in this respect in future by the State
or Central Government or the local authority.

3.1 Salient features of some of the major laws that are applicable are given below:

(i) The water (Prevention and Control of Pollution) Act 1974: This provides for
the prevention and control of water pollution and the maintaining and
restoring of wholesomeness of water. ‘Pollution’ means such
contamination of water or such alternation of physical, chemical or
biological properties of water or such discharge of any sewage or trade
effluent or of any other liquid, gaseous or solid substance into water
(whether directly or indirectly) as may, or is likely to, create a nuisance or
render such water harmful or injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or other legitimate uses, or
to the life and health of animals or plants or of aquatic organisms.
(ii) The Air (Prevention and Control of Pollution) Act 1981: This provides for
prevention, control and abatement of air pollution. ‘Air Pollution’ means
the presence in the atmosphere of any ‘air pollutant’, which means any
solid, liquid, or gaseous substance (including noise) present in the
atmosphere in such concentration as may be or tend to be injurious to
human beings or other living creatures or plants or property or
environment.

iii) The Environment (Protection) Act 1986: This provides for the protection
and improvement of environment and for matters connected therewith,
and the prevention of hazards to human beings, other living creatures,
plants and property. ‘Environment’ includes water, air and land and the
interrelationship which exists among and between water, air and land,
and human beings, other living creatures, plants, micro-organism and
property.
 78

iv) The Public Liability Insurance Act 1991: This provides for public liability
insurance for the purpose of providing immediate relief to the persons
affected by accident occurring while handling hazardous substances and
for matters connected herewith or incidental thereto. Hazardous
substance means any substance or preparation which is defined as
hazardous substance under the Environment (Protection) Act 1986, and
exceeding such quantity as may be specified by notification by the Central
Government.

4.0 The Apprentices Act, 1961

4.1 The Contractor shall duly comply with the provisions of the Apprentices Act,
1961 (III of 1961), the rules made there under and the orders that may be
issued from time to time under the said Act and the said Rules and on his
failure or neglect to do so, he shall be subject to all liabilities and penalties
provided by the said Act and said Rules.

5.0 Amendment
The Haryana Government may, from time to time and to amend any of the
Labour or Pollution or other regulations, all amendments in any or all Acts
shall also be followed.

6.0 Drawings and Photographs of the Works

6.1 The Contractor shall do photography/video photography of the site firstly

before the start of the work, secondly mid-way in the execution of different
stages of work and lastly after the completion of the work. No separate
payment will be made to the Contractor for this.

6.2 The Contractor shall not disclose details of Drawings furnished to him and
works on which he is engaged without the prior approval of the Employer in
writing. No photograph of the works 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 Employer in writing. No
photographs/ Video photography shall be published or otherwise circulated
without the approval of the Employer in writing.

6.3 The various works shall be done in line to line level and grade. The periodical
checking of these by the Engineer or Engineer’s representative shall not
absolve the Contractor of his responsibility regarding their accuracy. In case
of any deviation or discrepancy in line, level or grade at the meeting faces, the
Contractor shall make good the discrepancy at his own cost and without any
compensation for the additional work, if any involved. The Engineer shall
further have right, if need be, to rectify the discrepancies and recover the cost
from the Contractor.
6.4 All materials, before being incorporated in the work, shall be inspected by the
Engineer or his representative and, if necessary, tested before use. Any work,
on which such materials are used without approval and written permission of
the Engineer, is liable to be considered as defective and not acceptable.
 79

6.5 The day to day and periodical tests, to be carried out on materials, mixes and
placed concrete, etc., shall be specified by the Engineer from time to time and
the Contractor shall allow all the facilities and cooperation towards collections
of samples etc. All labour for collecting samples for tests will be supplied by
the Contractor free of cost to the Engineer. Where testing facility is not
available in the field lab, the Engineer-in-Charge will get the test conducted
from some approved laboratory and testing and transportation charges shall
be borne by the Contractor in all such cases.
6.6 An authorized representative of the Contractor shall remain present at the
time when the samples are taken and shall authenticate the facts, if so
required. If the Contractor’s representative fails to be present as aforesaid, the
samples or cores, etc. as are taken by the Engineer or his representatives shall
be considered to be authentic. The Contractor will however be informed of the
details of such samples having been taken.
6.7 The materials, mixes and the cores shall be tested day to day and periodically
at the laboratory and the results given thereby shall be considered correct and
authentic by the Contractor. The Contractor shall be given access to all
operations and tests that may be carried out as aforesaid so that he may
satisfy himself regarding the procedure and method adopted. It shall then be
the Contractor’s responsibility to produce the works, materials and finished
item to the standards based on the laboratory design and tests.
7.0 The methods of sampling, testing, procedures and standards shall be laid
down by the Engineer from time to time.
8.0 The quality and quantity of material shall be the responsibility of the
Contractor, irrespective of the test results being good.
9. Arrangement of water and electric power, etc. required by the Contractor for
the work shall be made by him at his own cost. Engineer will, however,
recommend to the concerned State Electricity Utilities for providing the
connection and power to the Contractor, however, the Engineer will bear no
responsibility in this respect.
9.1 Contractor shall not be allowed to start the work till Engineer is satisfied with
the proper arrangement of good quality water for execution of work including
curing for 28 days. For this, the Contractor shall have to construct water
storage tanks of sufficient capacity. No extra payment shall be made on this
account. Any delay in execution of work due to non-availability of sufficient
water will be responsibility of the Contractor. In case water is used from
Government source, the contractor has to pay 0.5% of the cost of the part of
such work for which the water is used.
9.2 The Contractor shall not set fire to any standing jungle, trees, ‘bush’ wood or
grass without a written permission from the Engineer.
9.3 When such permission is given and also in all cases when destroying of dug
trees, bush wood, grass, etc. by fire the Contractor shall take necessary
measures to prevent such fire spreading to or otherwise damaging
surrounding property.
 80

9.4 Any damage caused by the spreading of such fire, whether in or beyond limits
of the Engineer’s property shall be made good by the Contractor within a
period specified by the Engineer or in default the amount of the damage shall
be recovered by the Engineer from the Contractor’s bill as damages or
deducted by any other duly authorized officer from any sums that may be due
or become due from the Employer to the Contractor under the Contract or
otherwise.
9.5 The Contractor shall bear the expenses of defending any action of law
proceedings that may be brought by any person by injury sustained owing to
neglect of precautions to prevent the spread of fire and shall pay any damage,
and cost that may be awarded in consequence.
10. The Engineer may order the Contractor to suspend any work that may be
subject to damage by climatic conditions and no claim of the Contractor will
be entertained by the Engineer on this account.
11. A site order book shall be kept on the site of the work. As far as possible, all
orders, regarding the work are to be entered in this Book. All entries therein
shall be signed by the Engineer or his authorized representative and the
Contractor or his authorized representative. In important cases, the Engineer
will countersign the entries which have been made. The site order book shall
not be removed from the work site except with the written permission of the
Engineer and the Contractor or his representative shall be bound to take note
of all instructions and directions meant for the Contractor as entered in the
site order book without having to be called on separately to note them. The
authorized representative of the Engineer shall submit periodically copies of
the remarks in the site order book to the Engineer for record and to the
Contractor for submitting compliance report.
12. The Contractor shall confirm to the regulations, safety precautions,bye-laws or
any other statutory rules made by any local authority or by the Government
and shall protect and indemnify the Engineer against any claims or liability
arising from or based on the violations of any such laws, ordinance,
regulations, orders and decrees, etc.
13. The Contractor shall make his own arrangement for supply of all materials
including cement and steel. The Contractor shall be responsible for all
transportation and storage of the materials at site and shall bear all the
related costs. The Engineer shall be entitled, at any time, to inspect or
examine all such materials. The Contractor shall provide reasonable
assistance for inspection or examination as may be required.
14. The Contractor shall keep an accurate record for use of materials like cement
and steel used in the works in a manner prescribed by the Engineer.
15. Large stock of cement shall not be kept at the work site but only sufficient
quantities shall be kept to ensure continuity of the work. The Contractor shall
provide and maintain efficient water proof storage sheds for cement on the site
of work. It shall be stacked on the platform 30 cm above the floor level and
shall be covered with tarpaulin or any other impervious covering material in
 81

order to protect the cement bags from moisture. The cement shall be neatly
stacked in an orderly manner so as to allow an easy access and count. The
arrangement of storage and utilization shall be such as to ensure the
utilization of cement in order of its arrival at the stores and the Contractor
shall maintain satisfactory records which would at any time show the date of
receipt and proposed utilization of cement lying in the stores at site.
16. The Contractor shall also construct and equip at his cost a working office with
electricity and water arrangement for his site Engineer.
17. The contractor shall also provide instruments for setting up field laboratory at
his own cost to site Engineer. No separate payment shall be made for this.
18. The Engineer shall have the right to deduct from the money due to Contractor
any sum required or estimated to be required for making good the loss
suffered by a worker or workers by reason of non-fulfillment of the condition of
Contract for the benefit of the workers vis-à-vis the Haryana Government, the
Contractor shall be primarily liable for all payments to be made under and
for the observance of the rules, regulations and labour law without prejudice
to his right to claim indemnity from his sub-Contractor.
19. Third Party Inspection –The Engineer-in-Charge may opt for 3rd party
inspection other than department in addition to inspection by department
staff, the 3rd party would inspect to ensure execution of work as per
specification/ agreement and also quality control i.e. draw of samples, testing
and other items etc. The report of the same would be submitted to Engineer-
in-Charge by the 3rd party. The agency/ contractor shall be bound by the
report of 3rd party inspection and shall take remedial measures for execution
of work as per specifications in agreement at their own cost. The cost of 3 rd
party inspection will be borne by the employer.
20. The Contractor shall confirm to the regulations, safety precautions,bye-laws or
any other statutory rules made by any local authority or by the Government
and shall protect and indemnify the Engineer against any claims or liability
arising from or based on the violations of any such laws, ordinance,
regulations, orders and decrees, etc.
21. The Contractor shall make his own arrangement for supply of all materials
including cement and steel. The Contractor shall be responsible for all
transportation and storage of the materials at site and shall bear all the
related costs. The Engineer shall be entitled, at any time, to inspect or
examine all such materials. The Contractor shall provide reasonable
assistance for inspection or examination as may be required.
22. The Contractor shall keep an accurate record for use of materials like cement
and steel used in the works in a manner prescribed by the Engineer.
23. Large stock of cement shall not be kept at the work site but only sufficient
quantities shall be kept to ensure continuity of the work. The Contractor shall
provide and maintain efficient water proof storage sheds for cement on the site
of work. It shall be stacked on the platform 30 cm above the floor level and
shall be covered with tarpaulin or any other impervious covering material in
 82

order to protect the cement bags from moisture. The cement shall be neatly
stacked in an orderly manner so as to allow an easy access and count. The
arrangement of storage and utilization shall be such as to ensure the
utilization of cement in order of its arrival at the stores and the Contractor
shall maintain satisfactory records which would at any time show the date of
receipt and proposed utilization of cement lying in the stores at site.
24. The Engineer may order the Contractor to suspend any work that may be
subject to damage by climatic conditions and no claim of the Contractor will
be entertained by the Engineer on this account.
25. Cement contents–Actual cement required for the aggregates in concrete to be
used shall be determined by laboratory test while designing the concrete
mixes. If the cement contents of the design mix of that grade come less than
the provision of cement contents provided in the Haryana Scheduled of Rates,
(with latest amendments) due to durability conditions, the cement contents as
provided in the Haryana Schedule of Rates shall be used and no extra
payment on this account shall be made to the contractor. No extra amount
over and above the minimum cement content as provided in the Haryana
Schedule of Rates shall be paid.

Note: - Each department may specify any other special conditions of contract
as per requirement of the work
 83

Contract Data to General Conditions of Contract

Sr. Description Clause No.
No. GCC
1. The Authority is [C1. 1.1]
1. The Employer is ……........................... [Cl.1.1]
Designation: ………………………
Address: ………………………
2. Name of authorized Representative ……………………… [Cl.1.1]
3. The Engineer is ……........................... [Cl.1.1]
Designation: ………………………
Address: ………………………
4. The Intended Completion Date for the DD/MM/YYYY [Cl.1.1,
whole of the Works is ____ months 17&27]
after start of work.
4(a). Routine Maintenance during five years after the Completion Date
is defined as follows:
Maintenance operations during the period of 5 years shall be
based on Chapter 11 of Rural Roads Manual (IRC:SP:20:2002).
Its specific provisions are:-
i) Clause 11.2, ibid, explains the various types of
distress/defects of pavements. For example, cracks, ravelling,
rutting, pot holes etc.
ii) Clause 11.3, ibid, defines different maintenance
activities.
For example, fog seal, bituminous surface treatment,
etc.
iii) Clause 11.4, ibid, suggests planning of routine maintenance.
iv Clause 11.5 and Clause 11.6 (a), ibid, define preventive and
corrective maintenance, and classify activities of routine
maintenance and repairs.
v) Clause 11.7, ibid, discusses in detail the assessment of defects
and maintenance measures for sealed roads, roads with rigid /
RCCP and roads with special pavement.
(Note: A periodical renewal is not part of routine maintenance).

vi) The periodicity of routine maintenance activities shall be as follows, this is for
guidance only, however, road is to be maintained in service able condition all the
time and payment is performance based, as per performance evaluation and marks
obtained.
 84

Routine Maintenance Activities and their frequency with performance

index (PI) – BT/Gravel Road

Name of Frequency PI
Sr. Item/ Activities of
operation Plain & Hilly
No.
in a year Rolling Terrain
Terrain
1. Maintenance of As and
Bituminous surface road when
and/ or gravel road required
and/or WBM road
including filling potholes
and patch repairs etc. As 50 40
per clause 1904, 1906 of
the MoRD Specifications (
As per Annexure- 14.10
of Operation manual)
2. Restoration o rain cuts Once
and dressing of side generally
slopes/berms as per after rains
clause 1902 of the (In case of
Specification (As per areas having 10 5
Annexure- 14.10 of rainfall
Operation manual) more than
1500 mm
per year, as
and when
required).
3. Making up of As and
berms/shoulders as when 20 20
per clause1903 o the ( required
As per Annexure-
14.10 of Operation
manual)
4. Maintenance of drains Twice (In
as per clause 1907 of case of hill
the Specifications. (As roads as
per Annexure-14.10 of and when 3 8
Operation manual) required

5. Maintenance of culverts Twice (In

an cause ways as per case of hill
clause 1908 and 1909 of roads as and
the MoRD (As per when 4 10
Annexure 14.10 of required)
Operation manual)
 85

6. Maintenance of guard Maintenance

rails and parapet rails as as and when
per clause 1911 the required.
MoRD Specification (As Repairing 1 1
per Annexure- once in ayear
14.10 of Operation
manual)
7. Maintenance of road Maintenance
signs, speed breakers, as and
standing tree adjacent to when
road wherever required required.
as per clause 1910 of the Repairing 2 4
MoRD Specification (As once in every
per Annexure- 14.10of two years
Operation manual).
8. Maintenance of 200 m Maintenance
and Kilo Meter stones as and
as per clause 1912 the when 2 2
MoRD Specification required.
(As per Annexure- Repairing
14.10 of Operation once in a year
manual).
9. Cutting of branches of Once
trees, shrubs and generally
trimming of grass and after rains (In 3 5
weeds etc. A per clause case of areas
1914 of the MoRD having
Specification ( As per rainfall more
Annexure- 14.10 of than
Operation manual) 1500 mm per
year, as and
when
required.
10. White washing parapets Once in a
of Works including CD year
As per Annexure-14.10 2 3
of Operation manual)
11. Painting of guard stones Twice in a 2 1
year
Re-fixing displaced Once in a
12. guard stones year 1 1
Total 100 100
Marks
 86

Routine Maintenance Activities and their frequency with performance index –

CC Road

Sr. Name of Frequency Plain & Hilly

No
Item/Activity of Rolling Terrain
operations Terrain
in the year
Maintenance of As and
1 Concrete surface when 50 40
including crack required
sealing spot
patching with
PCC or
Bituminous
concrete
as per provisions of
IRC SP83.
2. Restoration of rain
cuts and dressing of Once generally
after rainsoras
side slopes/berms
and when
as per clause 1902 required. 10 5
of the
Specifications. (As
per Annexure-
14.10of
Operation manual)
3. Making up of As and
berms/shoulders when 20 20
as per clause1903 required
of the
( As per Annexure-
14.10 of Operation
manual)
4. Maintenance of Twice (In case of
drains as per Hill roads as and 3 8
clause 1907 of when required
theSpecifications.(A
s per Annexure-
14.10of Operation
manual)
5. Maintenance of Twice (In
culverts and cause case of Hill roads 4 10
ways as per clause as and when
1908 and 1909 of the required
Specifications. (As
per Annexure-14.10
of Operation manual)
 87

6. Maintenance of Maintenance e as
guard rails and and when 1 1
parapet rails as per required.
clause 1911 of the
MoRD Repairing once in
Specifications ( As a year
per Annexure-
14.10of
Operation manual)
7. Maintenance of road Maintenance as
signs, speed and when 2 4
breakers, standing required.
trees adjacent to
Repairing once in
road wherever
required as per every two years
clause 1910 of the
MoRD
Specifications (As
per Annexure-
14.10 of
Operation manual).
8. Maintenance of Maintenance as
200 m and kilo and when 2 2
meter stones as per required.
clause 1912 of the Repairing once in
MoRD a year
Specifications (As
per Annexure-
14.10 of Operation
manual).
9. Cutting of Once generally
branches of trees, after rains (In 3 5
shrubs and case of areas
trimming of having rainfall
grass and weeds more than 1500
etc. as per clause mm per year,
1914 of the MoRD as and when
Specifications (As required.
per Annexure-14.10
of Operation
manual).
10. White washing Once in a year 2 3
parapet of Works
including CD (As per
Annexure-14.10
of Operation manual)
11. Painting of Twice in a year 2 1
guard stones
 88

12. Re-fixing Once in a year 1 1

displaced guard
stones
Total: 100 100

(i) Appendix 11.3, ibid, covers the special problems of Road Maintenance in
Heavy Rainfall
/ Snow fall areas.
(ii) Appendix 11.4, ibid, explains the nature of duties in maintenance of shoulders,
drainage structures and cause ways.

5. The Site is located Km. _______________ [Cl.1.1]

to
km._______________
6. The Start Date shall be 10 days after the date DD/MM/YYYY [Cl.1.1]
of issue of the Notice to Proceed with the work
7. Section completion …………………… [Cl 2.2]

8. The following documents also form part of the Undertakings of the [Cl.2.3
Contract : bidder if any (11,12)]

9. Joint Venture Allowed / Not Allowed [Cl.3.2]

10. Sub Contracting Maximum [50%] [Cl 7.1]
11. The Schedule (if any) of Other Contractors is …………………… [Cl.8.1]
attached
12. The Technical Personnel for work and operation of lab are: [Cl.9.2]

Sr. Personnel Qualification No. of personals

No.
1. Project Manager -
2. Site Engineer -
3. Plant Engineer -
4. Quantity Surveyor -
5. Soil & Material Engineer -
6.
7.
8.
Note:-
In case, the above qualified personnel are not deployed the following deduction
shall be made per month from the payment due to the contractor
Project Manager = Rs. 1,50,000/- per month
Site Engineer = Rs. 75,000/- per month
Plant Manager = Rs. 50,000/- per month
Quantity Surveyor = Rs. 40,000/- per month
 89

Soil and Material Engineer = Rs. 40,000/- per month

_______________________ = Rs. _______/- per month
_______________________ = Rs. _______/- per month
_______________________ = Rs. _______/- per month
The Employer reserves the right to employ any or all the above personal as per
requirement given above irrespective of above deductions made from the payments
due to the contractor.

11 Amount and deductible for insurance are:

(i) Insurance cover for work is equal to the contract price and the [Cl. 13.1 (a)]
amount of deductible is 1% of the contract price
(ii) Minimum insurance cover for injury and death is Rs.10.00 lacs per [Cl. 13.1 (b)]
occurrence with the number of occurrences limited to four. After
each occurrence, contractor will pay additional premium necessary
to make insurance valid for four occurrences always. The amount
of deductible is Rs. 2.00 Lacs of the contract price.
(iii) Minimum insurance cover for damage to the property of the third [Cl. 13.1 (c)]
party is Rs. 20.00 Lacs. The amount of deductible is Rs. 2.00 Lacs
of the contract price.
(iv) Insurance cover for work is equal to the contract price and the [Cl. 13.3 (a)]
amount of deductible is 1% of the contract price
12. Site investigation report [Cl.14.1]

13. Security Deposit for invoking Arbitration [Cl. 25]

Sr Amount of Claim Rate of Security

No. Deposit
1. For claims below 10,000 2% of claimed
amount
2. For claims of Rs. 10,000 and above 5% of claimed
but below Rs 1,00,000/- amount
3. For claims of Rs 1,00,000 and above 7.5% of claimed
amount

14. a. The period for submission of the programme for approval of [Cl.26.1]
Engineer shall be 15 days from the issue of Letter of Acceptance

b. The updated programme shall be submitted at interval of 60 [Cl. 26.4]

days.
c. The amount to be withheld for late submission of an updated [Cl. 26.4]
programme shall be 2% of the initial / revised contract price or
the enhanced contract price as applicable.

15. The following events shall also be Compensation Events:

[Cl. 44.2 l]

Substantially adverse ground conditions encountered during the course of

execution of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently

 90

(ii) Significant change in classification of soil requiring additional

mobilization by the contractor, e.g. ordinary soil to rock excavation,
(iii) Removal of unsuitable material like marsh, debris dumps, etc not
caused by the contractor
(iv) Artesian conditions
(v) Seepage, erosion, landslide
(vi) River training requiring protection of permanent work
(vii) Presence of historical, archeological or religious structures, monuments
interfering with the works.
(viii) Restriction of access to ground imposed by civil, judicial, or military
authority.

15 (a).The formula for price adjustment of prices are: [Cl. 47.1]

15 (a) (i) Adjustment of price for bitumen:

Price adjustment for increase or decrease in the cost of bitumen shall be paid
as follows:

That the rate of bitumen/ emulsion at the refinery on the date of close for
financial bidding shall be considered as base rate if during execution of the works,
the rate of bitumen/ emulsion increase or decrease at refinery, the difference in cost
shall be paid/ recouped from the contractor in the bill, subject to the following
conditions:-

(A) The contractor shall submit original bill/ voucher of the refinery while claiming
the payment for the work done. The bill/ voucher should pertain to the period
of original contractual time limit and should correspond with the progress of
work. No extra payment due to increase in rate of bitumen / emulsion will be
paid if the original bill/ voucher are not submitted by the agency.

(B) No increase in prices of the bitumen / emulsion shall be reimbursed to the

contractor beyond the original time period allowed for construction as per
contract agreement irrespective of extension of time limit granted to the agency
for any reason, whatsoever. However, decrease in price of bitumen/emulsion
shall be recouped from the contractor even beyond the original time period
allowed for construction.

(C) After approval of tender, the contractor shall submit the work programme for
execution of work and get it approved from the Engineer-in-Charge in the time
limit prescribed in the tender document. The increase in rates of bitumen,
emulsion shall only be paid if the bitumen work is carried out within the
prescribed period as per approved work programme.

(D) Only actual difference of rates of Bitumen will be payable / deductable to the
contractor. No overhead charges and contractor profit etc. are to be added /
deleted, no tender premium is to be added / deleted.”

(E) The contractor can arrange the bitumen from any of the refinery or import the
same subject to the condition that the quality of bitumen is as per the
requirement of contract and specifications. Regarding payment of price
 91

variation of bitumen as per the agreement, that the escalation de-escalation will
be paid on the basis of lesser cost implication to Department / Government on
consideration of the difference in rates as given below subject to financial
regularity and other terms and conditions of agreement :-

(a) Prevailing rates of IOC refineries at Panipat at the time of tender and at the
time of purchase of bitumen.

(b) Prevailing rates at the source from which the bitumen is purchased by the
contractual agency at the time of tender.

It is further clarified that:-

(a) When recovery is due on account of decrease in rates of bitumen, higher of

the difference in rates of IOC Panipat and that of private refinery, shall be
considered.

(b) When escalation is due to increase in rates of bitumen is due to agency, then
lesser of the difference in rates of IOC Panipat and that of private refinery,
from whom bitumen was purchased, shall be considered.

15 (a) (ii) Adjustment for Grey Cement (OPC/PPC) and, Steel for
reinforcement and structural members (index for MS Long Products) :

Price adjustment for increase or decrease in the cost of Grey Cement

(OPC/PPC) and, Steel for reinforcement and structural members (index for MS
Long Products) shall be paid as follows:

(A) If after submission of the, the price of Grey Cement (OPC/PPC)or Steel for
reinforcement and structural members (index for MS Long Products)
incorporated in the works (not being a material supplied form the Engineer-in-
Charge’s Store) increase (s) beyond the price (s) prevailing at the time of the
last stipulated date for financial bid closing of tenders (including extensions, if
any) for the work, then the amount of the contract shall accordingly be varied
and provided further that any such increase shall not be payable if such
increase has become operative after the stipulated date of completion of work
in question.

(B) If after submission of the, the price of Grey Cement (OPC/PPC) / or Steel for
reinforcement and structural members (index for MS Long Products)
incorporated in the works (not being a material supplied form the Engineer-in-
Charge’s Store) is decreased, Govt. shall in respect of these materials
incorporated in the works (not being materials supplied from the Engineer-in-
Stores) be entitled to deduct from the dues of the contractor such amount as
shall be equivalent to the difference between the prices of Grey Cement
(OPC/PPC) as prevailed at the time of last stipulated date for receipt of tenders
including extensions if any for the work and the prices of these materials on
the coming into force of such base price of Grey Cement (OPC/PPC) and
issued under authority of Engineer-in-Chief, Haryana PWD B&R, Chandigarh.
 92

(C) It is further clarified that the decrease in the prices of Grey Cement (OPC/PPC)
/ or Steel for reinforcement and structural members (index for MS Long
Products)and shall be deducted from the dues of the contractor if such
decrease has become operative after the stipulated date of completion of work
in question and increase shall not be payable if such increase shall not be
payable if such increase has become operative after the stipulated date of
completion of work in question.

(D) The increase/ decrease in prices shall be determined by the All India
Wholesale Prices Indices for Grey Cement (OPC/PPC) / or Steel for
reinforcement and structural members (index for MS Long Products)as
published by the Economic Advisor to Government of India, Ministry of
Commerce and Industry) and base price for Grey Cement (OPC/PPC) / or
Steel for reinforcement and structural members (index for MS Long
Products)as mentioned in the Bid Document or if not mentioned then asissued
under authority of Engineer-in-Chief, Haryana PWD B&R, Br. Chandigarh as
valid on the last stipulated date of receipt of tender, including extension if any
and for the period under consideration.

Adjustment Calculation Formula for Grey Cement

The amount of the contract shall accordingly be adjusted for Cement

(OPC/PPC) will be worked out as per the formula given below:-
Adjustment for component of “Grey Cement (OPC/PPC)”
Vc=Pc X Qc x CI-C1o
C1o
Where,
Vc= Variation in Grey Cement (OPC/PPC) cost i.e. increase or decrease in
the amount in rupees to be paid or recovered.

Pc= Base price of Grey Cement (OPC/PPC) as mentioned in the Bid

Document or if not mentioned then as issued under authority of
Engineer-in-Chief, Haryana PWD B&R, Br. Chandigarh valid at the time
of the last stipulated of receipt of tender including extension if any.

Qc= Quantity of Grey Cement (OPC/PPC) used in the works since previous
bill.

CI0= All India wholesale price index for Grey Cement (OPC/PPC) as
published by the Economic Advisor to Government of India, Ministry of
Industry and Commerce as valid on the last stipulated date of receipt of
tenders including extensions if any.

C1= All India wholesale price index for Grey Cement (OPC/PPC) for period
consideration as published by the Economic Advisor to Government of
India, Ministry of Industry and Commerce
 93

Adjustment Calculation Formula for Steel for reinforcement and structural

members (index for MS Long Products)

Vs=Ps x Qs x SI-S1o
S1o
Vs = Variation in cost of Steel (MS Long Products) i.e. increase or decrease in the
amount in rupees in the amount in rupees to be paid or recovered.

Ps = Base price of Steel (MS Long Products), as mentioned in the Bid Document or
if not mentioned then as issued under authority of Engineer-in-Chief, Haryana
PWD B&R Br., Chandigarh at the time of the last stipulated date of receipt of
tender including extensions, if any.

Qs= Quantity of Steel (MS Long Products) paid either by way of secured advance or
used in the works since previous bill (Whichever is earlier).

S1o= All India wholesale Price Index for Steel (MS Long Products) for the period
under consideration as published by Economic Advisor to Government of
India, Ministry of Industry and Commerce as valid on the last stipulated date
of receipt of tenders including extensions, if any.

S1= All India Wholesale Price Index for Steel (MS Long Products) for the period
under consideration as published by Economic Advisor to Government of
India, Ministry of Industry and Commerce.
Base rate of Cement (OPC/PPC) and Steel (MS Long Products)
Grey Cement (OPC/PPC) : Rs. 4940/- per MT excluding taxes..
Steel (MS Long Products): Rs. 50000/- per MT excluding Taxes.
No other increase/decrease in prices is permissible.
15 (a) (iii) Adjustment of POL (fuel and lubricant) component
Price adjustment for increase or decrease in the cost of POL (fuel and
lubricant) shall be paid in accordance with the followings formula:
Vf= 0.85xPf/100xRx(Fl-Fo)/Fo
Vf =increase or decrease in the cost of work during the month under
consideration due to changes in rates for fuel and lubricants.
Fo= The all India wholesale price index for ‘Fuel and Power’ for the calendar
month 28 days preceding the closing date of bids as published by the
Office of Economic Advisor, Government of India, Ministry of Commerce
and Industry, Department of Industrial Policy and Promotion with
website www.eaindustry.nic.in
F1 =The all India average wholesale price index for ‘Fuel and Power’ for the
month under consideration as published by Office of Economic Advisor,
Government of India, Ministry of Commerce and Industry, Department of
Industrial Policy and Promotion with website as www.eaindustry.nic.in
Pf = 5.
R = Value of work executed during the period.
 94

16. The proportion of payments retained (Retention Money) shall be 6% from each
bill subject to a maximum of 5% of final contract price.
[CI.48]
17. (a) Milestones to be achieved during the contract period
Milestone dates:

Physical works to be [Cl. 49.1]

completed Period from the start date
Milestone 1 i.e. 20% 25% of the stipulated time
Milestone 2 i.e. 50% 50% of the stipulated time
Milestone 3 i.e. 75% 75% of the stipulated time
Milestone 4 i.e. 100% 100% of the stipulated time
(b) Amount of liquidated For whole of work
damages for delay in (1/2000)th of the initial / revised
Contract Price, rounded off to
completion of works
the nearest thousand, per day.

For non achievement of

milestone,
(1/2000)th of the initial / revised
Contract Price, rounded off to
the nearest thousand, per day.
(c) Maximum limit of liquidated 10 (Ten) per cent of the contract
damages for completion of price rounded off to nearest
work thousand.

18 The amounts of the advance [CL:50]

payment are:
Nature of Amount Conditions to be fulfilled
Advance
I Mobilization Maximum 5 An interest bearing mobilization advance upto
% of the the extent of 5% of contract value (or such limit as
contract prescribed) may be given to contractors for works
price costing more than Rs.2.00 crores, against
unconditional and irrecoverable bank guarantees
to be furnished by the contractor equal to the
amount of advances paid from time to time.
Interest @Marginal Cost of Funds based Lending
(MCLR) of SBI prevalent at the time of tender per
annum shall be charged on mobilization advance
given to the contractor
The recovery of the mobilization advance
together with interest shall be done through
percentage deductions from interim/running
payments, in the manner prescribed in the
contract. It shall be desirable to recover the total
amount of mobilization advance alongwith
 95

interest within 80% of the time stipulated for

completion. The mobilization bank guarantee
shall be released after the recovery of full
mobilization advance, including interest thereon.
In case, of slow progress of work, the
‘Engineer’ comes to a conclusion that the total
amount of mobilization advance with interest
cannot be recovered by the time 80% of stipulated
time is over, the bank guarantee(s) furnished by
the contractor may be encashed.
If the tender document so provides, the
contractor will have the option to furnish
mobilization bank guarantee in parts and on
recovering of ¼ , ½, ¾ and full advance,
proportional bank guarantees can be released.
II Secured 75% of In case the contractor requires an advance on the
advance for Invoice non-perishable materials brought to site, ‘Engineer’
non-perishable value may, on written request from the contractor,
material sanction the advance upto an amount 75% or as
brought to site decided by the ‘Engineer’ of the value (as assessed
by themselves) as stated in the Contract Data of
such materials, provided such materials are to be
consumed with in next three months and that a
formal agreement is drawn up with the contractors
under which Govt. secures a lien on the materials
and is safeguarded against losses due to the
contractor postponing the execution of the work or
misuse of the material and against the expense
entailed for their proper watch and safe custody. If
the material is fire prone or can be destroyed
fully/partially on storage, it shall be desirable to
have it first insured by the contractor. Cases in
which a contractor, whose contract is for finished
work, requires an advance on the security of
materials brought to site. Any secured advance
should be settled / recovered within 3 months of
its release.
Note : Such advance will not be given for sand,
aggregate, GSB and stone metal etc.
The contractor will submit the original bills and e-
way bills for the material for which secured
advance is being claimed.
III Machinery Maximum 5 For works costing more than Rs.10.00 crores
Advance % of the another interest bearing machinery advance to a
contract maximum of 5% of the contract price, depending
price on merits of the case, can be given against the
new key construction equipment brought to the
site and to be deployed on the work, if a written
request is made by the contractor.
The advance shall be paid only upon the
contractor furnishing (i) an affidavit that the
machinery in question is free of any charge or
 96

hypothecation with any bank or financial

institution: (ii) unconditional and irrecoverable
bank guarantee(s) (iii) satisfactory proof of
purchase/payment of the machinery, and (iv) a
written undertaking that the equipment so
purchased by him is required for use on the work
in question, is fully serviceable shall work only on
that job and shall not be removed from the site
without obtaining written approval of the
‘Engineer’s . The recovery of machinery advance
and the Interest @Marginal Cost of Funds based
Lending (MCLR) of SBI prevalent at the time of
tender per annum shall be charged. against the
machinery advance given to the contractor.
The recovery of the machinery advance
together with interest shall be done through
percentage deductions from interim/running
payments, in the manner prescribed in the
contract. It shall be desirable to recover the total
amount of machinery advance alongwith interest
within 80% of the time stipulated for completion.
The mobilization bank guarantee shall be released
after the recovery of full machinery advance,
including interest thereon.
Note:
 The bank guarantee for advances shall be unconditional, requiring the bank to
pay the beneficiary the sum specified in the guarantee on the first demand and
without demur, and without reference to the party on whose behalf it has been
issued, notwithstanding any disputer disagreement that might have arisen
between the employer and the contractor. The form of bank guarantee shall be
prescribed by the departments.
 It shall be the duty of the ‘Engineer’ to obtain independent confirmation about
the genuineness of the bank guarantees directly from the bank issuing them.
Further, he shall keep them in safe custody and hand them over to his
successor when a change of charge takes place. Details of bank guarantees
shall be entered into a register which shall be reviewed every month to ensure
timely action in respect of renewal of any guarantee, if required, before it
expires.
 The advance payment will be paid to the Contractor no later than 28 days after
fulfillment of the above conditions.
 Provided that the advance shall be completely repaid prior to the expiry of the
original time for completion pursuant to clauses 17.

19 The period for setting up a field laboratory with the prescribed [Cl.31.1]
equipment is 28 days from the date of notice to start work
 97

20. The Defect Liability-cum-Maintenance Period is five years from [Cl. 56]
the date of completion.

21. The date by which “as-built” drawings (in scale as directed) in 2 sets [Cl.58.2]
are required is within 28 days of issue of certificate of completion of
whole or section of the work, as the case may be.

22. The amount to be withheld for failing to supply “as-built” drawings [Cl.58.2]
by the date required is Rs. 0.5% of agreement amount.

23. The following events shall also be fundamental breach of Contract: [Cl.59.2 (i)]

(i) The Contractor has contravened Clause 7.1 or Clause 9of Part I
General Conditions of Contract

24. The percentage to apply to the value of the work not completed [Cl.60.1(i)]
representing the Employer’s additional cost for completing the
Works shall be 20 (Twenty)percent).
 98

Section 4-A
Detailed Scope of Work

Note: - Here tendering Departments may specify Detailed Scope of

Work if necessary for clarity of bidders.
 99

Section 4-B
Technical Specifications

Note: - Here tendering Departments may specify Technical

Specifications as may be necessary for execution of the work
 100

Technical Specifications for Road Works

 101

Technical Specifications for Road Works

A. The work shall be carried out as per MoRT&H and PWD Specifications and
also with latest applicable IRC codes.

B. Maintenance during construction period

The contractor will maintain the existing road from start of contract to the
completion of contract by filling potholes duly covered with bituminous
material to keep the road in traffic worthy condition. This is incidental to main
work and nothing extra shall be payable on this account.

C. Special Conditions for Bituminous work

(a) “Bitumen and Bitumen Grade CRMB, wherever to be used in the work,
will be purchased from the refineries only.”

(b) An undertaking should be taken from the agency during the payment of
every bill that:

i) He has actually purchased the bitumen as per list enclosed as

annexure (the annexure should be part of undertaking).
ii) He has used this bitumen on this work only.
iii) He has not claimed its cost from any other division/office or anywhere
else.
iv) The data submitted by him is totally correct.
v) He owns full responsibility for the quality & quantity of bitumen and
submission of data.

(c) For controlling the quantity of mixed material the following procedure be
adopted:
(i)The contractor shall provide, install, maintain and operate at his own
cost in good working condition a weigh bridge of suitable capacity at
site of the hot mix plant under the direction of Engineer or his
representative.
(ii) Each truck before loading of the mix shall be weighted on the Weigh
Bridge and its weight shall be recorded in the measurement book
under the signature of authorized representative of the contractor and
of the Engineer.
(iii) The truck shall be again weighed on the weight bridge after loading of
the mix and its weight recorded as per prescribed performa.
The details of mixed material be compiled as per following procedure:-
i) A slip should be issued by JE at the plant site as per Annexure-II.
ii) The slip book should be in three colors i.e. Pink, Yellow and White.
iii) White slip shall be retained at plant site, Yellow & Pink shall be sent to
work site. Yellow slip shall be returned to plant site JE duly signed by
JE & SDE of site in-charge and Pink slip shall be retained by JE work
site.
 102

iv) A register showing these details will be maintained at site.

The above instructions/ procedures are applicable for procurement of

bitumen by department as well as through the contractors. These may also
be made part of the contract document henceforth.

Annexure-I

Tanke Refiner Date Date Empty Loade Weight Photograp Person in

r No. y of of weight d of h of whose
Indent inden receip of weight bitume Tanker presence
No. t t Tanke of n unloaded
r Tanke .
r

Annexure-II
SLIP

Sr. No._____________________________ Book No.___________________

1. Vehicle No. _______________________ Date & time__________________
2. Weight of loaded Tipper_______________________________________
3. Weight of empty Tipper_________________________________________
4. Weight of Mix Material__________________________________________

Signature of Signature of
Signature of
JE at Hot Mix Plant. SDE at site of work. JE
at site of

(d) The agency to whom the work is allotted will have to produce original vouchers
for all quantities in lieu of purchase of bitumen, steel, and cement from the
original manufacturer or other authorized dealers/distributors to the entire
satisfaction of the Engineer for ascertaining the genuineness of material.
Attested copy of voucher will have to be submitted along with bills.

(e) The Job mix formula will be got tested from CRRI New Delhi, NIT Kurukshetra,
PEC, Chd., TTI, Chandigarh, Shriram Institute, Delhi and testing charges will
be borne by the agency. Nothing shall be paid on this account.

(f) When the work under one agreement is being executed, the contractor shall
not undertake any other work from same hot mix plant without written
permission of the Engineer and shall also make separate arrangement of
bitumen for that work.

(g) Before carrying out bituminous work, coating & stripping of bitumen aggregate
mix is to be performed in accordance with IS-6241.If coating and stripping of
bitumen aggregate mix is less than 95%, anti-stripping agent will be used by
 103

the contractor. The anti-stripping agent should conform to the requirement as

stipulated in IS 14982:2017. The cost so incurred will be considered as
incidental to work and nothing extra shall be payable. The type and brand of
anti-stripping agent along with procedure shall be approved by SE in-charge
in writing before start of work. A proper record of results be maintained and
same shall be submitted along with bills by the contractor.

D. ADDITIONAL CONDITIONS

(i) Before laying any construction layer of GSB, sub grade or base course, earth
work on berms, if it is to be done by the agency against this agreement, should
be completed in all respect simultaneously. Before taking work of any next
layer, earth work on berms should be completed. Payment of any layer will be
released only when earth work on berms are completed.

(ii) No compensation for any damages caused to the earthwork by rains, floods or
any other natural calamities shall be paid to the contractor. The contractor
shall have to make good all such damages at his own cost as per direction of
Engineer.

(iii) The final payment of the tenderer will not be paid until and unless he
furnishes to the satisfaction of the Engineer, proof that the price of earth used
for the work having been fully paid to the owner of the land from which the
earth was removed by the contractor from his (owner) land for the work and to
indemnify against all the losses, damages, cost of land expenses which the
Govt. suffer or incur as a result of such claim.

(iv) In case of embankment with Fly Ash, the contractor shall take special care to
keep the surface wet at all times so that the Fly Ash does not get mixed up
with the atmosphere thus causing poor visibility besides health hazards. If the
contractor does not comply with this provision, the Engineer shall make
necessary arrangement after giving appropriate notice to the contractor, for
keeping the fly ash surface wet and the contractor shall pay the expenses
incurred on demand or otherwise the same shall be recovered by Engineer
from bills due to the contractor.

E. GENERAL CONDITIONS

(i) Correction of defects:- The Engineer shall give notice to the contractor of any
defects before the end of Defect Liability-cum-Maintenance Period which
begins at completion as per definition. The Defect Liability-cum-Maintenance
Period shall be extended as long as defects remain to be corrected. Every time
notice of a defect is given, the contractor shall correct the notice defect within
the length of time specified by the Engineer’s notice. If the contractor has not
corrected a defect within the time specified in Engineer’s notice, the Engineer
will assess the cost of having the defect corrected and the contractor will pay
the amount.
 104

(ii) The contractor shall have to provide a fields laboratory fully equipped at work
site and hot mix plant for conducting all the relevant tests mentioned in the
MORT&H specification subject to the approval of the Engineer or his
representative. The record of such tests is to be maintained in proper register
duly singed by the contractor or his representatives, which will become the
property of the department. The contractor will bear all the running expenses
for conducting such tests. All the tests will be carried in the presence of
S.D.E.-in-charge and J.E.-in-charge.
(iii) The quality control test will also be done by the department and the material
for such test will be supplied by the contractor free of cost. In case the
material is not found upto the requirement, the same will be rejected.
(iv) Various quality control operation will be maintained as per Clause No. 901,
902, 903 of MORT&H (Road Wing) specification (5th revision) of latest edition
and as per instructions issued by MORT&H from time to time upto date.
(v) Contractor shall provide suitable measuring arrangement and leveling
instruments of latest quality as approved by Engineer at the site of work.
(vi) No extra payment on account of quality control measures shall be paid to the
contractor.
(vii) The Engineer at his description can get any type and Nos. of tests carried out
from any other approved laboratory for his satisfaction for which all the
expenses incurred would be borne by the agency. The result so obtained from
the laboratory would be acceptable/binding to the agency.
(viii) The contractor shall be required to provide all such materials/equipment at
site to conduct fields tests and to ensure that the quality of material/item
shall be according to the prescribed specification and no payment of any kind
for such tests shall be made to him. In case the material/item is not found
upto mark, the same will be rejected.
(ix) For cement, bitumen, mild steel and similar other material, the essential tests
are to be carried out at the manufactures plant or at laboratories other than
the site laboratory. The cost of samples, testing and furnishing of test
certificates shall be borne by the contractor. He shall also furnish the test
certificates to the Engineer.
(x) Contractor has to submit the bills (Running as well as final bill) for payment
alongwith quality control test results conducted as per frequency specified in
MORT&H specification. No payment will be made without test results.
(xi) OPC cement duly ISI marked of 43 grade such as JK, Lakshmi, L&T, A.C.C,
Shree and Birla or as approved by Engineer should be arranged by the
contractor.
(xii) TMT Steel Fe-500 duly ISI marked of reputed brand such as of RINL/TISCO
/SAIL/JSW/Jindal Panther/ Electrosteel etc. shall be arranged by the
contractor.
 105

(xiii) Before executing the work of drain, proper drawing depicting L-section and X-
section of drain alongwith is proper disposal will be got approved by S.E. in
writing. All culverts and bridges will be constructed as per IRC-SP-13 and also
approved by the SE-in-Charge.
(xiv) Agency will have to submit to the Engineer, the original bills of cement and
steel etc. in token of proof of purchase of material alongwith quality control
test certificate of manufacturer failing which no payment shall be released.
(xv) Agency will get the material tested from any approved laboratory as directed
and whenever required by Engineer and all liability of testing shall be borne by
the agency.
(xvi) The rates are inclusive of cost of traffic management during construction,
Contractor shall provide road signages, boards, gunny bags, sheet etc. for
safety of traffic during construction period which will be incidental to work.
Nothing extra shall be paid on this account.
(xvii) The contractor will supply bills for purchase of RCC Hume Pipes clearly
indicating name of manufacturer, date of manufacturing, Lot no. etc. These
details must painted on the RCC Hume Pipe. The pipe should be ISI marked.
The manufacturer should give proof for validity of ISI license. In case of non
supply of bills, no payment will be released.
(xviii) The contractor himself will arrange all the material such as bitumen, cement,
steel, bricks etc. at his own cost.
(xix) The riding quality of reach after giving treatment of wearing coat will not have
roughness more than 2000mm/km.
(xx) The contractor shall submit the proposal of widening of existing stretch to get
the centerline decided before commencement of work from Engineer.
(xxi) For work of embankment, sub grade & pavement, construction of subsequent
layer of same or other material over the finished layer shall be done after
obtaining written permission from the Engineer. Similar written permission
from the Engineer shall be obtained in respect of all other items of work prior
to proceeding with the next stage of construction.
(xxii) Before start of the work contractor will get his machinery inspected and
approved from the Engineer.
(xxiii) If at any stage, panel of concrete pavement develops cracks/disintegration
during Defect Liability-cum-Maintenance Period, the whole panel will be
changed by contractor at his own cost and nothing extra shall be paid.
(xxiv) 80% material from scarification shall be credited & used at site in items as
mentioned in the BOQ.
(xxv) The pits on account of de-forestation of trees / roots, shall be filled with sand
and compacted to the specification by the agency at his own cost in the entire
length. No payment shall be made and the cost is incidental to work.

F. Requirements for use of Paver Blocks

There are 2 types of requirements for use of paver blocks:-

(a) Obligatory Requirements:- As per clause 6.2 of IS Code-15658:2006
 106

(i) Visual Inspection.

(ii) Dimensions and Tolerances.
(iii) Thickness of Wearing Layer
(iv) Water Absorption.
(v) Compressive Strength.
(vi) Abrasion Resistance.

(b) Optional Requirements:- As per Clause 6.3 of IS Code-15658:2006

(i) Tensile Splitting Strength.
(ii) Flexural Strength / Breaking Load.
(iii) Freeze-Thaw Durability.
(iv) Colour and Texture.

G. TECHNICAL CONDITIONS

(a) A register in prescribed form showing day to day receipt, consumption and
balance of cement at site of work will be maintained at the work/test site by
the department, which shall invariably be signed by the contractor or his
authorized representative in token of its correctness.

(b) The following basic records, in addition to what might be considered

necessary, shall be kept at site and be made available to the inspecting
officers.

i. Record of placement of concrete and test cubes shall be maintained in the

following form:
Date Time of Start Time of Unit/Membe Bulking of Extra sand
Completion r concreted sand if any used to take
care of
bulking
1 2 3 4 5 6

Water Cement Ratio Mix

Water Water contents of Extra water Total water Water cement
content of fine aggregate added content ratio
course
aggregate
7 8 9 10 11
Slump of Sources of Whether the Identification 7 days cube
concrete supply of cement batch of cement number of Strength as
and batch No. tested or not concrete cube specified as per
taken actual test
12 13 14 15 16
25 days cube Sign of J.E. Sign of SDE Sign of Remakrs of
Strength as Contractor Engineer-in-
specified / as Charge.
per actual
test
17 18 19 20 21
 107

ii. Record of test for controlling the quality of concrete such as grading,
analysis of Aggregates, silt content of fine aggregates, water content of fine
aggregates, water content of coarse aggregate etc.
iii. Record of test results on samples of mild steel. For steel, high tensile steel.
iv. Record of cement tests for different consignment/batches/sources of
supply.
v. C.P.M/PERT chart, original and as revised/updated.

H. MATERIALS AND WORKS TEST REGISTER.

Register on prescribed proforma showing test results of materials and work

tests will be maintained at the site of work by the department and every entry
thereof, shall invariably be signed by the contractor or his authorized
representatives in token of its correctness.
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Technical Specifications
For
Bridge Works
 109

1.0 SPECIFICATIONS AND PLANS:

1.1 The work shall be executed as per MORT&H/PWD Standard

specification/ relevant I.S./I.R.C. Code/Latest Edition for material and
works with latest editions & approved drawings,
1.2 Some of the Code of practice are mentioned as under (with upto date
correction slips):-
i. I.S. code of practice for plain and reinforcement concrete for general
building construction (I.S. 456-2000).
ii. I.S./I.R.C. Code of Practice for plain/reinforced and pre-stressed
concrete for general/bridge construction.
iii. I.S./I.R.C. Rules specifying the loads for design of super structure
and substructure of Bridge work.
iv. I.S./I.R.C. Bridge substructure and foundations code-code of
practice for the design of the substructure and foundation of
bridges.
v. Indian Road Congress Codes for items not specially covered by any
code or provision mentioned in these documents (All sections).
vi. I.S. Methods on testing of soil I.S. 2720 (all parts) latest revision
with up to date correction slips).
vii. I.S code for use of structural steel in general building construction
(IS 800-1984).
viii. I.S code of practice for Electric welding of mild steel IS 823-1964.
ix. IS Code of practice for fine and coarse aggregate from natural
source for concrete (IS 383-1979)
x. IRC 83 (Part III) 2002 standard specifications and code of practice
for road over bridges (POT, POT cum PTFE bearings)
For steel:
i. IS 226: 1975 Specification for structural steel.
ii. IS 800-1984 code of practice for use of structural steel.
iii. IS 1786: for HYSD bars of reinforcement steel.
1.3 Latest edition and upto date correction slip in all the above relevant
codes will be applicable so far as this work is concerned.
1.4 In case difference between the provision of codes such as above and any
discrepancy in the interpretation of codal provision, decision of
Engineer-in-Charge would be treated as final and will be binding upon
the contractor.
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1.5 Some stipulations of relevant codes for some of the items are mentioned
in this tender documents. These stipulations are only for guidance. The
work shall be executed as per relevant codes.

2.0 BORED PILE FOUNDATIONS (wherever applicable)

2.1. The depth of bored pile shall be as per design and drawing.
2.2. Construction of bored pile foundations shall be strictly in accordance
with the stipulations made in the building digest CBRI India 56 for
bored piles for foundations and IS: 2911/1979 part-I to 4. Wherever
the tilt of the piles exceeds 2% or the piles shifts by more than what is
specified, area will have to be increased and also additional
reinforcement will have to be added and expenditure involved including
cost of cement and steel shall be borne by the contractor.
2.3. The rates quoted by the contractor shall be over all including rate, for
boring through any type of road surface all type of soil whatsoever, use
of special liner casing if required, use of any type of material, machinery
also including all royalties, all taxes (but excluding GST) etc.Nothing
extra will be paid on any account whatsoever.

2.4. Well foundation:- As per MORT&H specification wherever applicable.

3. FORM WORK
3.1. Form work shall be of steel plates fixed on the angle iron frame or
waterproof ply wood shuttering of adequate thickness unless
otherwise directed by the Engineer-in- charge. It should be
watertight sufficiently strong and rigid to resist forces caused by
vibration and incidental loads associated with it and keep the form
rigid.
3.2. If at any stage of work during/ after placing the concrete in the
structure, the work is found defective, such concrete shall be removed
and work shall be redone with fresh concrete and adequate and rigid
forms at the cost of contractor. The props for the centering wherever
permitted shall be supported by the double wedges in order to facilitate
causing & removal of the shuttering without jarring. Centering and
shuttering should be carefully released in order to prevent the loading
being instantly transferred to concrete. The period that shall lapse after
the last pour of concrete for easing removal of centering and shuttering
shall be fixed by the Engineer-in-charge and will be binding on the
contractor/s.
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3.3. It may be necessary to make provision for holes/ grooves in the form
work to house the various services, for which neither any extra payment
shall be made to the contractor/s for making these provisions nor any
deduction shall be made on a/c of any saving in RCC/PSC work due to
these provision.
3.4. Wherever chamfer or rounded corners are mentioned in the drawing
formwork should be such that no chiseling/cutting is required.
3.5. The surface of formwork shall be clear, smooth and free of cement
mortar etc.
3.6. The Contractor shall give the Engineer In-charge due notice before
placing any concrete in the forms to permit him to inspect and accept
the form work and forms as to their strength, alignment and general
fitness but such inspection shall not relieve the contractor of his
responsibility for safety of works, men, machinery, materials and for
result obtained.

4.0 Removal of Form Work:

4.1 The Engineer In-Charge shall be informed in advance by the contractor

of his intension to strike any formwork.

4.2 While fixing the time for removal of form work, due consideration shall
be given to the local conditions, character of the structure, the weather
and the other conditions that influence the setting of concrete and of
the material used in the mix.

4.3 The period shall be suitably increased in case of temperature lower than
25 degree Celsius and for any other conditions tending to delay the
setting of concrete.

4.4 These field operation are controlled by strength tests of concrete, the
removal of the load supporting arrangements of soffit may commence
when concrete has attained strength equal to twice the stress to which
the concrete will be subjected to, at the time of striking props including
the effect of any further additions of loads. When field operations are
not controlled by strength test of the concrete the vertical forms of
beams columns & walls may be removed as per orders of the Engineer
In-charge.
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4.5 All formwork shall be removed without causing any damage to the
concrete. Centering shall be gradually and uniformly lowered in such a
manner as to avoid any shock or vibrations. Supports shall be removed
in such a manner as to permit concrete to take stress due to its own
weight uniformly and gradually. Where internal metal ties are
permitted, their removable parts shall be extracted without causing any
damage to the concrete and the remaining holes filled with mortar. No
permanently embedded metal parts shall have less than 40mm cover to
the finished concrete surfaces, where it is intended to re-use released
form work, it shall be cleaned and make good to the satisfaction of
Engineer-in-charge.

5. REINFORCEMENT:

5.1 Reinforcement may be TMT (Fe500) as per the drawings and confirming
to the latest ISI/IRC codes. Steel will be procured from TISCO/Rastriya
Ispat Nigam Limited/SAIL/Jindal Steel and Power Ltd. (Jindal Panther),
JSW Steel ltd, Electro Steel Steels Ltd(V-XEGA) and M/s Super Shakti.

5.2 Before use, contractor’s will be required to obtain test certificate for the
quality of reinforcement used, at his/their own cost form the
laboratory/institute, approved by the Engineer-in charge.

5.3 Contractor will ensure that before fixing reinforcement, bars are cleaned
with dry gunny bags to remove the light rust or other impurities, if any.

5.4 Welding of reinforcement will not be generally permitted except in

special circumstances under the written approval of the Engineer-in-
charge.

5.5 Binding wire of approved quality shall be arranged by the contractor’s

himself/themselves and the rates quoted for RCC/PSC work should
include cost of this item of work.

5.6 Nothing extra will be paid for overlaps and wastage of steel.

5.7 Reinforcement steel shall be arranged by the contractor and payment

made as per items of agreement.
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5.8 Payment for the steel reinforcement shall be made on the basis of
standard unit weights as per approved drawings and nothing extra will
be paid for overlaps and wastage of steel involved in cutting the bars to
their required sizes. Nothing extra will be paid for over weight steel and
no deduction will be made for under weight steel within the limit of
tolerances permitted as per IS 1786-1985.

5.9 Steel having unit weights per meter not falling within the tolerances
specified in above IS code shall not be accepted.

6. CEMENT:

6.0 Ordinary Portland cement grade-43 conforming to IS-8112 or as

specified in drawings of reputed brand such as Ambuja, ACC, Birla,
J.K., Wonder, Shree Cement capable of achieving the required design
concrete strength shall only be used and will be arranged by the
contractor/ agency.

6.1 To improve the workability of concrete and cement grout admixtures

conforming to IS-6925 and IS-9103 could be permitted subject to
satisfactory proven use. Admixtures generating hydrogen, nitrogen,
chlorides etc. shall not be used.

6.2 Maximum Cement content in concrete shall be as per relevant code of

practice. If desired workability is not achieved due to restrictions in
cement contents, contractor have to use plasticiser of approved quality
for which no extra payment shall be made.

6.3 Quality test certificate for cement as per IS-4031 Code shall be furnished
by the contractor before use of cement supplied.

6.4 Cement for use in works, shall be procured by the contractor from the
main producers or their authorised dealers only.

6.5 Cement older than 3 months from the date of manufacture as marked
on the bags shall not be accepted. Cement bags preferably in paper bag
packing should bear the following marking:-

(i) Manufacturer’s name

(ii) Regd trade mark of manufacturer if any
(iii) Type of cement.
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(iv) Weight of each bag in Kg or no. of bags/ tonnes.

(v) Date of manufacture generally marked as week of the year/year
of manufacture.
7. Quality test certificate for cement as per IS 4031 shall be furnished by
the contractor/s at his own cost from the manufacturer, before use of
cement.

7.0 Engineer in Charge may also take samples during the course of
execution of works and get the cement tested to ascertain its conformity
to the relevant IS specifications at contractor/s cost before a particular
lot is put to use. Frequency of testing shall be as prescribed by the
relevant IS code. Following test interalia shall be carried out.

i) Fineness
ii) Compressive strength
iii) Initial and final setting time
iv) Consistency
v) Soundness.
7.1 In case samples tested do not pass quality tests conducted, the entire
batch of cement supplied shall be rejected and returned to the
contractor/s. No payment for such cement shall be made to the
contractor.
7.2 For storage of cement, the contractor shall have to construct a
temporary Godown of adequate capacity at his own cost. The contractor
shall bring the cement to the site of work only on written instructions
from representative of Engineer. It will be obligatory on the part of the
contractor to get every consignment/truck of cement weighed in the
presence of Engineer or his representative and supply the original copy
of weight slip alongwith consignment. The representative of Engineer
will verify the weight of cement brought to the site of work and return
one verified weigh slip to the contractor after the same is stacked inside
the cement Godown under his supervision.
7.3 The record of cement brought to the site of work, daily consumption,
daily opening balance and closing balance shall be maintained at the
site jointly by the representative of Engineer of work and contractor/s
or his/ their authorized representative. For this purpose, 2 sets of
registers duly reconciled and signed by the contractor/s and the
representative of Engineer of work certifying the opening balance,
consumption, closing balance should be maintained. One register each
shall be kept in the custody of representative of Engineer of work and
contractor or his authorized representative.
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7.4 The contractor shall be the custodian of cement Godown and shall keep
the Godown under his lock and key to ensure safe custody of cement.
The contractor shall ensure that the cement once brought to the site
and accounted shall be used at the site only and shall not be taken
away from site for any other purpose.
7.5 The contractor shall make the cement Godown available for inspection
alongwith connected record to the site Engineer or his representative as
and when required.
7.6 The contractor shall ensure that after completion of the work and or
termination of the contract for any reason whatsoever, the temporary
cement Godown shall be dismantled and all dismantled material
/debris shall be removed and the clear site shall be handed over back to
Department. All the released material shall be the property of the
contractor/s and no payment shall be made by the Department for
dismantling etc.
7.7 Tolerance requirements for the mass of cement
(i) Cement supplied one time will be taken as forming one batch.
The number of bags taken for sample from each batch shall be
as under:-
Sr. No. Batch Size Sample Size
1. 100 to 150 20
2. 151 to 280 32
3. 281 to 500 50
4. 501 to 1200 80
5. 1201 to 3200 125
6. 3201 and above 200

(ii) The bags in sample shall be selected at random.

(iii) The number of bags in sample showing a minus error greater than 2
percent of the specified net mass (50 kg) shall be not more than 5
percent of bags in the sample. Also the minus error in none of such
bags in the sample shall exceed 4 percent of the specified net mass of
cement in the bags. In case, the minus error exceeds the percentages
herein specified, the entire batch of cement samples shall be rejected.

(iv) In case of a wagon/Truck load of 10 to 25 tonnes, the overall tolerance

on net mass of cement shall be 0 to +0.5 percent. Any batch of cement
not conforming to above tolerances will be rejected.
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7.8 Stacking of cement in the Godown shall be done on a layer of wooden

sleepers so as to avoid contact of cement bags with the floor; or
alternatively scrap of sheets may be used in place of sleepers but these
must be placed at least 20 cm above the floor. The bags shall be
stacked at least 30 cm clear of the walls to prevent deterioration. The
wooden sleepers/scrap GI sheet shall be arranged by the contractor/s
at his/their own cost.

7.9 Cement shall be stored in such a manner as to permit easy access for
proper inspection. Cement should be stacked not more than ten layers
high to prevent bursting of bags in the bottom layers and formation of
clods. The stacks of cement bags shall be covered with tarpaulin during
monsoons so as to obviate the possibility of deterioration of cement by
moisture in the atmosphere. Cement that is set or partially set is not to
be used.

7.10 Empty cement bags will be the property of contractor.

7.11 Engineer-in-Charge may also take samples during the course of

execution of works and get the cement tested to ascertain its conformity
to the relevant IS specifications at contractor/s cost before particular
lot is put to use. Frequency of testing shall be as prescribed by the
relevant IS Code or as per instructions of Engineer in charge. Following
tests interline shall be carried out:-
i) Fineness
ii) Compressive strength
iii) Initial and final setting time
iv) Soundness
v) Consistency

8. FINE AND COARSE AGGREGATES.

8.0 Fine and coarse aggregate for all types of concrete work shall conform to
I.S-383 (Latest Edition).
8.1 In addition to the routine tests, special tests of material will be carried
out whenever required by the Engineer. The cost of the special tests
will be borne by the contractor. Necessary facilities in the form of
moulds, cones, scales, materials, labour for casting, curing specimens
and such other facilities as per requisite in any standard concrete tests
will, in any case, be afforded by the contractor free of cost. Cement for
the tests shall be arranged by the contractor at his own cost and no
payment shall be made for this.
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9. WATER:

9.0 The contractor shall be responsible for the arrangements to get the
supply of water necessary for the works at his own cost and rates
quoted shall also include the cost of water or any other arrangements
required to be made for procuring water and leading/ transporting and
carrying water to the site of the work irrespective of the distance from
the source of water. The water shall, however, conform to I.S-456 If
water as per prescription of IS-456 is not available then contractor will
have to install RO Plant free of cost to obtain the water as per
specification. No extra payment for the same admissible at any point of
time during the execution or defect liability period later on.

10. CONCRETING: -
10.1 The design mix concrete of strength as indicated as per approved
drawings shall be used for foundation, sub-structure and super-
structure of the bridge. The contractor will submit design mix along
with the calculations to the Engineer-in-Charge. The design mix will
have to be got approved from the Engineer In-Charge before use in the
construction.
10.2 The concrete shall be mixed properly in mechanical mixer and shall be
of proper consistency. The proper consistency shall be determined by
Engineer-In charge through tests that shall be carried out by the
contractor/s. The Concreting shall be commenced only after the
Engineer-in charge has inspected the shuttering, the placement of
reinforcement and passed the same. Cost of concrete moulds and other
test shall be borne by the contractor/s.
10.3 The concrete shall be compacted immediately after placing by means of
mechanical vibrator of approved quality.
10.4 The mixing time of concrete in mixer will be decided by the Engineer,
depending upon the type of work and strength of concrete.
10.5 The contractor shall make adequate arrangements for casting of
necessary numbers of cubes and cure and finish them as per direction
of Engineer.

10.6 The contractor shall establish laboratory in field and provide the
necessary equipments to carryout all preliminary test and working out
the grading and proportioning of aggregate, assessing the moisture
content, casting and testing of cubes etc., in order to obtain and
maintain uniform quality of work confirming to codal practices.
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10.7 The exposed surface of plain, R.C.C/P.S.C. work shall be rubbed with
Carborandum stone and rendered smooth if necessary with cement to
leave surface smooth and even. Nothing extra will paid on this account.
Cement for the same will be arranged by the contractor/s at his own
cost and no payment shall be made.
10.8 The controlled concrete ingredients should be weigh batched in
approved type weigh- batcher.
10.9 The slump of the approved trial mix shall be measured and this slump
shall not be exceeded through out all the batches of concrete made from
the same materials mixed in the same proportion as the trial mixes and
used in those parts of the work as instructed.
10.10 Concreting in hot weather: Hot weather is defined as any combination
of high air temperature, low relative humidity, and wind velocity tending
to impair the quality and properties of fresh or hardened concrete. In
hot weather, the contractor shall ensure that the temperature of the
concrete at the time of placing does not exceed 30 degree C and that the
maximum internal temperature attained during setting does not exceed
75 degree C.
The contractor shall provide the effective measures suggested by the
Engineer Incharge to protect the concrete from the effects of high
temperatures. No concreting in hot weather shall be put in hand until
the proposed measures have been approved by the Engineer.
10.11 Concreting in cold weather: Cold weather is defined as the situation
existing at the work where either or both of the following conditions
exist:
i) The air temperature at the time considered is below 5 degree C.
ii) The mean daily air temperature over three or more successive
days has dropped below 5 degree C.
On no account may concrete be placed in contact with frozen ground or
for work in contact with ice, snow or frost on the ground or on form
work of reinforced concrete shall not be made with frozen materials,
Concreting may proceed in cold weather provided special precautions
are taken to ensure that the surface temperature of the concrete at the
time of placing is not less than 5 degree C.
The contractor shall provide the effective measures suggested by the
Engineer to take to protect the concrete from the effects of low
temperatures and with details of the methods he proposes to use to
assess the correct timing at which such protection may be removed. No
concreting in cold weather shall be put in hand until the proposed
measures have been approved by the Engineer.
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10.12 Concrete placed in water: Where any concrete is to be placed in

water, the contractor shall submit detailed proposals to the Engineer
and shall obtain his approval before commencing the work. The
quantity of cement in any concrete placed in water, shall, be increased
by 10% so that the free water/cement ratio of the mix is not more than
the specified.

Concrete shall not be placed in running water or be allowed to fall

through water.

Concrete shall be placed in water only by means of a bottom opening

watertight box or a tremie of a type approved by the Engineer. Bottom-
opening boxes shall not be opened until they are resting on the work,
and the lower ends of tremies shall always be kept below the surface of
freshly placed concrete.

10.12.1 PRESTRESSING:- As per MORT&H specification wherever applicable.

10.13 MEASUREMENTS:

10.13.1 All work will be paid for at the tendered rates on the basis of actual
measurements taken at site. No cognizance will be taken for heights
and thickness of structural members over those shown in the plan.

10.13.2 The gross dimensions of RCC/PSC work exclusive of the thickness of

plaster shall be measured for purpose of payment. No deduction
shall be made for the volume of reinforcement and for small weep
holes for drainage etc. No payment shall be made for plastering over
the exposed surface of the RCC/PSC.

10.13.3 No deduction shall be made for the volume of sectional steel

measurement on the cutting edge for the portion embedded in
concrete.

10.14 FOUNDATIONS:

10.14.1 The bed of open foundations should be made horizontal and sides
neatly dressed and in all cases got approved by the Engineer before
concrete is laid. If foundations are laid in sandy or clay soil, the
variation in levels should not be more than 15mm but in case it is
laid on soft rock/boulder studded soil larger variation may be
 120

permitted by the Engineer, at his discretion according to condition at

site. In no case concrete be laid on a sloping bed. In case of loose
pockets the same will have to be filled with lean concrete, as directed
by the Engineer, for which no extra payment will be made excepting
that cement required for this purpose, will be paid to the contractor
as per relevant item.

10.14.2 It is expected that design of open foundation will suit in all the
bridges. Payment for excavation of foundation of all the structures
including foundation of pucca side and catch water drains (embedded
concrete and masonry portion) and floor of bridges will be made as
per relevant item. It will be applicable to all types of soil including all
lead and lift, including excavation water requiring pumping and
bailing out of water including back filling in 15cm layers with proper
watering & ramming. The payment for excavation of foundation will
be as per MORT&H/PWD Standard Specification for material and
works irrespective of the fact that excavation has been done in slopes
and there have been slips etc. or any shoring or shuttering has been
done. The surplus earthwork from foundation (quantity of excavation
minus quantity of refilling of earth in foundation limited to vertical
dimension) should compulsorily be lead to the adjoining filling
without any extra payment for loading, unloading, crossing of
nallaha/streams, rehandling, dressing the filling irrespective of facts
whether surplus earthwork from foundations has been utilized or not.
No cognizance for any boulder more than 15 kg and 15 cm in
dimension will be taken for purpose of any claim and contractor is
free to take away such boulders free of cost after paying due royalty
etc. to State Govt. if any.

10.15 FOUNDATION TRENCHES:

The space between the side of the foundation trenches and the
masonry/concrete is to be filled with the excavated material well
rammed in layers not exceeding 15 cm each layer being watered,
rammed and consolidated before the succeeding one is laid. Earth
shall be rammed with iron rammers where feasible and with the butt
ends of crow bars where rammers cannot be used. Earth used for
filling shall be free from salts organic or other foreign matter. All
clods of earth shall be broken or removed.
The foundation of the bridge shall be of well/pile foundations as per
drawing supplied by the Department.
 121

The contractor shall give notice to the Engineer when and as soon as
the excavation of any portion of the site for obtaining foundations or
bottom whether above or below water has reached the depth and
width shown on the drawings. The contractor shall also give further
notice to the Engineer whenever any foundation or bottom is ready
for inspection and whenever it is necessary to cover up any work in
respect of which previous inspection is desired by the Engineer so
that the Engineer may inspect the same before it is covered up. No
foundations or bottom, of work shall be covered up or filled or built
upon without the previous consent of the Engineer. In default of
such notice and consent aforesaid the foundation or bottom of work
shall on the order of the Engineer be uncovered and any filling put in
or work built thereon be removed or pulled down by the contractor at
his own cost.

10.16 TESTING OF MATERIALS:

10.16.1 The contactor shall at his own cost arrange and carry out the tests on
various types of materials to be used in the work. The tests shall be
carry out in Laboratories approved by the Engineer in charge. The
frequency of the test and different type of test to be carried out on
different materials shall be decided by the Engineer-in-charge.
Nothing extra shall be paid on this account.
11.0 STEEL:
11.1 Steel shall conform to latest relevant IS specifications. Test certificate
for steel before use as per latest relevant IS specifications will be
furnished by the contractor at his own cost from the manufacturer or
the laboratories approved by the Engineer In-Charge.
11.2 The Engineer in Charge will also take samples during the course of
work and get the steel tested to ascertain their conformity to the
relevant IS specifications at the contractor/s cost before a particular
lot is to be used. Frequency of testing shall be as prescribed by the
relevant IS Code or as per instruction of engineer in charge.

12.0 FINISHING
12.1 No plastering shall be done over the exposed surface of RCC/PSC
work, special care should be taken in centering and shuttering and
casting to ensure good finish, wherever necessary rendering in 1:3 (1
cement: 3 coarse sand) shall be done to the satisfaction of Engineer-
In-Charge. Nozzle and form vibrators are to be used for RCC/PSC
work.
 122

13.0 QUALITY CONTROL:

13.1 The contractor shall arrange to maintain the quality of the work
during the operation of construction and shall ensure that the same
is maintained as laid down in the specification for road and bridge
works of the Ministry of Transport and Highways, Government of
India, PWD Specification or as per satisfaction of the Engineer-In-
Charge.
13.2 The permissible variation from the specified value shall also conform
to these specifications. It shall be sole responsibility of the contractor
to arrange for quality control test during the construction as per
specification. The Engineer-In-Charge shall be empowered to get the
quality control tests done through other agency if required, the cost
of which shall be borne by the contractor.

14.0 SETTING UP FIELD LABORATORY BY CONTRACTOR:

14.1 The contractor shall set up a field laboratory his own at work site
which should be open for use and inspection by the PWD B&R
Department at any time. The laboratory shall be equipped with
necessary equipments to carry out the various tests such as sieve
analysis, compression tests on cubes, slump tests, workability test
etc. on aggregate, cement, water and concrete required for acquiring
the required quality and standard conforming to codal provisions and
Special specifications.
14.2 All the pressures gauges, machines, equipments and other measuring
and testing equipments of the laboratory shall be got
checked/calibrated regularly as directed by the Engineer and the
necessary certificates produced to the Engineer.
14.3 The Contractor shall render all reasonable assistance and help in
making the checks and tests. All the equipments, machinery etc.
shall be kept in good working conditions.
14.4 Cost of setting up the laboratory, equipping the same, maintaining,
conducting all tests on materials and cubes shall be borne by the
contractor and nothing extra shall be paid on this account.

15.0 CURING:
15.1 All concrete work in cement mortar, plaster, pointing etc., shall be
continuously cured for the prescribed period as per direction of the
Engineer, Curing shall be done by covering the newly laid concrete
with gunny bags and keeping them wet constantly. If it is found that
the contractor is not observing properly these instructions, the
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Engineer may get the curing done through another agency, labour
without any notice to the contractor at the cost of the contractor. The
cost incurred along with incidental charges of 2% and along with
supervision charges 12 ½ % of the cost will be debited to the
contractor.

16.0 SUPPLY OF DRAWINGS :

16.1 Detailed working drawings shall be supplied by the Department during
the course of execution subject to compliance to various provisions in
the agreements.
16.2 It may clearly be noted that the Engineer in Charge (Const) shall have
full power to make alterations in the drawings and to give such further
instructions, directions as may appear to him necessary or proposed for
the guidance of the contractor and for the official execution and
completion and maintenance of the work.

17.0 Earthwork behind/around abutment, wing/return wall:

17.1 The earthwork will be done with contractor/s own earth by borrowing
the earth from outside the PWD land and the rate quoted will be
deemed to be inclusive of all taxes(but excluding GST), royalty, loading,
unloading, leading, handling and re-handling of earth, all leads, lifts,
ascents, descents, crossing of nallahas, streams, tracks, leveling,
dressing as a complete jobs in all respects as per specifications
indicated in succeeding paras. The earthwork shall be compacted
mechanically using heavy compactions as per specifications.
17.2 The contractors shall provide all stakes, ballies, bamboo, strings, pegs
and labour for setting out profiles, of embankment required for the
correct execution of the work and shall also be responsible to maintain
in the proper order. He is also required to provide labour for the setting
of the same when called upon to do so. This is deemed to be included in
the item rate for the earthwork. The contractor/s shall take necessary
precautions to prevent their being removed, altered and disturbed and
shall be responsible for the consequence of such removal alterations
and disturbance and will take action for their proper reinstatement.
17.3 The contractor shall be liable to set up field laboratory with adequate
equipments so as to carry out tests of the soil as per direction of
Engineer-in-Charge.
17.4 The contractor shall also be required to provide full assistance for
carrying out these tests, i.e. labour and other materials etc. The rates
quoted by the contractor deem to have included of this element and
nothing extra shall be payable to him on this account.
 124

17.5 Engineer-in-charge, if required may get the soil samples tested from
another outside agency as deemed suitable and the cost for the same if
any shall be borne by the contractor.
17.6 Before the earthwork is started by the contractor the ground between
the line where filling/excavation is to be done for embankments,
cuttings and training works shall be cleared of all trees along with the
roots, shrubs heavy grass, and under growth of every kind. None of the
items of work mentioned in this para will entitle the contractor/s to any
extra payment.
17.7 The contractor should commence work systematically at one or more
points in consultation with the Engineer and should maintain
continuous and steady progress to complete the work in continuous
length including leveling and dressing.
17.8 Any extra earth deposited on the top and slopes of the formation shall
be removed within 48 hours after a written notice. If not complied, the
same shall be removed by other means at contractor/s cost. Cost of
which shall be recovered from contractor/s bill. The payment shall be
made as per designed cross section only.
17.9 It must be clearly understood that the rates are intended to cover the
full cost of the finished works . The banks and cuttings are to be
correctly dressed to profile with such slopes as specified in each case by
the Engineer. The rates for earth work shall also include the following:-
i) Site clearance as per specifications including cutting of trees.
ii) Benching in side long ground and existing bank.
17.10 The rates also include maintenance of the banks and cutting to correct
profile including repairs of all rain cuts, making good earth work due to
base settlement, natural or otherwise due to rains etc. In case of filling
embankments and removal of silts and slips that may be accumulated
in cutting during rains etc.
17.11 Until the final measurements have been recorded and banks/cutting
taken over by the Department, the item rate of BOQ and quantities will
cover the full cost of finished work of cutting and embankments.
17.12 The following category of soil shall not be permitted.
(a) Organic clays, organic silts, peat, chalks and dispersive soils as detailed
below:-
(i) Poorly graded gravels sands with Cu less than 2.
(ii) Clays and silts of high compressibility i.e. MH, CH

18. CONSTRUCTION JOINTS:

18.1 A construction joint is defined as a joint in the concrete introduced for
convenience in construction at which special measures are taken to achieve
 125

subsequent continuity without provision for relative movement. (Hacking of

laitance, air jetting and wetting). Location of all construction joints shall be
predetermined and got approved from Engineer-in-Charge.
18.2 Construction joints shall be located so as not to impair the strength of the
concrete. The position of construction joints and the size of the formwork
panels shall be so coordinated that where possible the line of any construction
joint coincides with the line of a formwork joint and that in any case all
construction joint lines and formwork joint lines appear as a regular and
uniform series.
18.3 For all exposed horizontal joints and purposely inclined joints, a uniform joint
shall be formed with a batten of approved dimensions to give a straight and
neat joint line.
NOTE: For more details refer relevant I.S./I.R.C. Code (Latest Edition).

19. CONTRACTORS RESPONSIBILITIES FOR TEMPORARY WORKS &

MATERIALS
19.1 The contractor shall from time to time, provide at his own cost all dams, coffer
dams, embankments and all other temporary work of whatever nature and
temporary materials necessary for the construction, completion and
maintenance of works which are the subject of the contract and shall from
time to time submit for the information of the Engineer, drawing showing the
details, the type and construction of the temporary dams, bridges,
embankments and other works which he propose to adopt and construct and
the exact position in which he propose to construct and employ them and
during the progress of the works he shall if so directed by the Engineer,
furnish particulars and drawings of any other temporary works and details or
any other temporary materials in use or contemplated to be used by him. He
shall be entirely responsible for the sufficiently, security and safety of all
dams, coffer dams, bridges, embankments and other temporary works or
temporary materials which he may construct and/or employ and for the
claims for damages to property or injury to persons arising out of any failure
or accident to such dams, coffer dams bridges embankments or other
temporary works, or temporary materials from where such cause damage,
injury, failure or accident may arise or happen and shall replace, construct,
repair and maintenance of the whole of such dams, coffer dams, bridges,
embankment or other temporary works or temporary materials until they are
certified by the Engineer to be no longer required for the purpose of the
contract.
19.2 The contractor shall, before handing over the works or and part thereof to the
Department, dismantle and remove all temporary works and temporary
materials, but such removal shall not be effected without the previous written
approval of the Engineer-in-Charge and the contractor shall comply with the
directions (if any) given by him as to the method or removal and/or disposal.
 126

20. BEARINGS.
POT PTFE bearing shall be provided for the girders. The bearings shall be in
accordance with the IRC-83 (Pt.III) 2002. (Latest Edition)
These bearings shall be correctly manufactured according to the approved
drawings subject to the permissible tolerances. The bearing shall be got
approved from Engineer In-charge prior to placement under the girder. For
example (Bearing of METCO, Sanfield, Mageba), M/S Steel Auto Industries
and any other brand/make with the approval of department.

21. EXPANSION JOINTS.

21.1 Compression Seal joint shall consist of steel armored nosing at two edges of
joint gap suitably anchored to the deck concrete and a preformed chloroprene
elastomer or closed cell foam joint sealer compressed and fixed into the joint
gap with special adhesive binder.
21.2 The manufacture /supplier of expansion joint shall be got approved from
Engineer-in Charge prior to placing the order. Preference will be given to the
bearing of METCO, Sanfield, Mageba and any other brand/make with the
approval of department.

22. Material steel nosing: The steel nosing shall be of angle section ISA 100x100
conforming to weldable structural steel as per IS:2062. The thickness of legs
shall not be less than 12mm. The top face of the angle shall be provided with
Bleeder holes of 12mm diameter spaced at maximum 100mm centers so as to
ensure that there are no voids in the concrete beneath the angle.

23. Anchorage: The anchorage steel shall conform to IS: 2062 or equivalent. The
steel nosing shall be anchored to the deck by reinforcing bars, headed studs
or bolts or anchor plates cast in concrete or a combination of anchor plate and
reinforcing bars, headed studs or bolts. Anchor bars, studs or bolts shall
engage the main structural reinforcement of the deck and in case of anchor
plates or anchor loops, this shall be achieved by passing transverse bars
through the loops or plates.
The minimum thickness of anchor plate shall be 12mm. Total cross sectional
area of bars, studs or bolts on each side of the joint shall not be less than
1600 mm sq. per meter length of the joint and the center to center spacing
shall not exceed 250mm. The ultimate resistance of anchorage shall not be
less than 500 KN/m in any direction.
Corrosion protection: All steel section shall be protected against corrosion by
hot dip galvanizing or any other approved anticorrosive coating with a
minimum thickness of 100 micron.
 127

24. JOINT SEAL:

The sealing element shall be a preformed continuous chloroprene or closed cell
foam seal with high shear strength, insensitive to soil, gasoline and ozone. It
shall have high resistance to ageing and ensure water tightness. The seal
should be vulcanized in a single operation for the full length of the joint
required for carriage way, kerbs and foot paths, if any. The seal shall cater for
a horizontal movement upto 40mm and vertical movement of 3mm. EVAZOTE
380 E.S.P, which is low density closed cell, preformed, non-extruding, cross
linked ethylene vinyl acetate polyethylene copolymer form to be used. The seal
is bonded to the steel nosing with special bond no.1 subsequent to sand
blasting of vertical faces.
The physical properties of chloroprene/closed cell foam sealing element shall
conform to the following.
(a) Chloroprene seal: Shall be preformed extruded multi web cellular section of
chloroprene of such a shape as to promote self removal of foreign material
during normal service operations. Chloroprene of joints seal shall conform to
clause 9.1.5.1 of IRC 83 (Pt.II) and satisfy the properties stipulated in Table 2
of the specifications except in respect of the working movement range of the
sealing element which shall be as specified in clause 31.5.1 above.
Closed cell foam steel: Shall perform non-extruded non cellular section made from
low density closed cell, cross linked ethylene vinyl acetate, polyethylene
copolymer that is physically blown using nitrogen. The material shall possess
properties as indicated in the table.

Property Specified value

(I) Density 41.7 – 51.3 kg/cum
(ii) Compression set on 25mm 50% compression samples ( ASTM
D 3575) for 22 hrs at 23 degree
C,2 hour recovery: 13% set.
(iii) Working temperature -70 to + 70 deg. C
(Iv) Water absorption (total 0.09766 kg/sqm
immersion for 3 months)
(ASTM D 3575)
(v) Tensile strength 0.8 Mpa
(vi) Elongation at break (ASTM 195 +/- 20%
D 3575)

Lubricant cum adhesive: The type and application of material used in bonding the
preformed joint seal to the steel nosing and concrete shall be as recommended by the
manufacturer/supplier of the seal system.
Handling and storage:
a) The expansion joint material shall be handled with care and stored
under cover.
 128

b) All joint material and assemblies shall be protected from damage and
assemblies shall be supplied to maintain true shape and alignment
during transportation and storage.
INSTALLATION:
The expansion joint shall be installed by the manufacturer/supplier or their
authorized representative, who will ensure compliance of installation
procedure and instructions.
The dimension of the joint recess and the width of the gap shall conform to the
approved drawing.
Anchoring steel shall be welded to the main reinforcement in the deck
maintaining the level and alignment of the joint.
Concreting of pocket/recess shall be done with great care using proper mix
conforming to same grade as that of the deck concrete but not less than M35
grade in any case. The water-cement ratio shall not be more than 0.40. If
needed suitable admixtures may be used to achieve the workability. The
width of pocket shall not be less than 300mm on either side of the joint. Care
shall also be taken to ensure efficient bonding between already cast existing
deck concrete and the concrete in the joint recess.
At the time of installation, joint shall be clean and dry and free from spoils
and irregularities, which might impair a proper joint seal.
Concrete or metal surfaces shall be clean, free of rust, laitance, oils, dirt, dust
or other deleterious materials.
The lubricant cum adhesive shall be applied to both faces of the joint and joint
seal prior to installation in accordance with the manufacturer’s instructions.
The joint seal shall be compressed to the specified thickness for joint opening
and ambient temperature at the time of installation which shall be between
+ 5 to + 35 degree C.
The joint seal shall be installed without damage to the seal. Loose fitting or
open joints shall not be permitted.
Steel nosing system shall be installed in correct camber and alignment of the
joint in the recess provided with adequate support bars and loops which shall
be welded with the sinusoidal bars of the anchorage system and the exposed
reinforcement of the deck slab/PSC girder.
That recess portion shall be concreted with cement concrete (CC) in
accordance with M.O.S.T. specification.
The top of expansion joint cc block and top of wearing coat shall be in the
same level.
The EVAZOTE – 380 ESP shall be installed between the angle nosing
subsequent to sand blasting and applying BONDER no.1 on vertical faces of
nosing angle on curing of concrete. The width of seal is 25% more than the
expansion gap so the seal is installed in compressed, state.
 129

25. Acceptance Criteria:

All steel elements shall be furnished with corrosion protection system.
For the joint seal the acceptance test shall conform to the requirement
stipulated in relevant clause. The manufacturer/supplier of the type of joint
shall produce a test certificate to this effect conducted in a 5recognized
laboratory in India or Abroad.
26. Prior to acceptance 25% of the completed and installed joints, subject to
minimum of one joint, shall be subjected to water tightness test. Water shall
be continuously pounded along with entire length for a minimum period of 4
hours for a depth of 25mm above the highest point of deck. The width of
pounding shall be at least 50mm beyond the anchorage block of the joint
another side. The depth of water shall not fall below 25mm anytime during
the test. A close inspection of the under side of the joint shall not reveal any
leakage.
27. Tests and standards of acceptance: The materials shall be tested in
accordance with these specifications and shall meet the prescribed criteria.
The manufacturer/supplier shall furnish the requisite certificates from the
recognized testing laboratory of India or abroad.
The work shall conform to these specifications and shall meet the prescribed
acceptance.
28. MACHINERY AND PLANT.
28.1 The contractor will be entirely responsible to arrange all necessary machinery,
including concrete mixers, vibrators, compressors, pumps, pneumatic
equipments, dredges derricks, cranes, service girders, staging, motor vehicles,
trailer tools and plants and their spare parts required for sufficient and
methodical execution of work and transport them to the site of work. Delay in
procurement of such items due to their non-availability on account of import
difficulties or any other cause whatsoever, will not be taken as excuse for slow
or non-performance of the work. Safety of plants and machinery will be the
responsibility of the contractor and for any loss due to any cause or wash
away in flood, or otherwise no claim will be entertained on this account
whatsoever.

29. Coordination with Railway for end span (regarding issues of bridges the
coordination with Railway considered to be deleted) only for ROB & RUB.
The contractor has to made coordination with the Railway Authorities, during
the execution of work. The end span of approaches shall be laid only after
consultation with Railway. Nothing extra shall be paid on account of delay of
railway portion. However suitable time extension on this account, if any, will
be granted by the department.
 130

Section 5

Drawings

List of Drawings:-
131
 132

Section 6
Bill of Quantities
Preamble

1) The Bill of quantities shall be read in conjunction with the instructions

to Bidders, Conditions of contract, Technical Specifications and
Drawings.
2) The quantities given in the Bill of Quantities are estimated and
provisional, and are given to provide a common basis for bidding. The
basis of payment will be the actual quantities of work ordered and
carried out, as measured by the contractor and verified by the Engineer
and valued at the rates and prices tendered in the priced Bill of
Quantities, where applicable, and otherwise at such rates as the
Engineer may fix within the terms of the Contract.
3) The rates and prices tendered in the priced Bill of Quantities shall,
except in so far as it is otherwise provided under the Contract, include
all constructional plant, labour, supervision, materials, erection,
maintenance, insurance, profit, all taxes(but excluding GST) and
duties, together with all general risks, liabilities and obligations set out
or implied in the Contract.
4) The rates and prices shall be quoted entirely in Indian Currency.
5) A rate or price shall be entered against each item in the Bill of
Quantities, whether the quantities are stated or not. The cost of Items
against which the contractor has failed to enter a rate or price shall be
deemed to be covered by other rates and prices entered in the Bill of
Quantities.
6) The whole cost of complying with the provisions of the Contract shall be
included in the items provided in the priced Bill of Quantities, and
where no Items are provided the cost shall be deemed to be distributed
among the rates and prices entered for the related Items of work.
7) General directions and descriptions of work and materials are not
necessarily repeated or summarized in the Bill of Quantities. References
to the relevant sections of the contract documentation shall be made
before entering rates or prices against each item in the Bill of
Quantities.
8) Errors will be corrected by the Employer for any arithmetic errors
pursuant to clause of the Instructions to Bidders.
 133

9) Any items of work not provided in the contract schedule of rates if

required to be executed will be paid as per Haryana PWD schedule of
rates 2021 plus ceiling premium as applicable in DNIT subject to the
premium tendered by the contractor. In case of non schedule item,
these will be paid by the ‘Engineer’ based on market rates of that time
after getting approval from the competent authority and will be binding
upon the contractor.

10) The work will be carried out strictly in accordance with the PWD book
of specification 1990 edition, CPWD Specifications and MoRT&H
Specifications as applicable and that will form part and parcel of this
contract agreement.

11) The ‘Engineer’ shall be entitled to order work against any item or work
shown in this contract schedule of rates hereinafter called the
“Schedule” to any extent and without any limitation whatsoever as may
be required in his opinion for the purpose of work irrespective of the
fact the quantities are omitted altogether in the “Schedule” or shown
more or less than the work ordered to be carried out.

12) In this contract schedule of rates only essential portion of items has
been written, but it will deem to cover the entire items as fully
described in Haryana PWD schedule rates 2021 till the date of opening
of tender and will be applicable on this contract schedule of rates.

13) All the items in this contract schedule of rates 2021 subject to the foot
notes given in the Haryana PWD schedule of rates 2021 till the date of
opening of tender and will be applicable on this contract schedule of
rates.

14) Quantities given in the BOQ may vary at the time of execution of works
done at site by the contractor.

15) Unless otherwise specified all material, machinery and labour input are
to be arrange by the contractor.
 134

16) All amendments issued to the Haryana PWD schedule of rates will be
applicable on the contract schedule of rates.

17) As and when contractor gives condition that arrangement of water shall
be made by the department, it shall be deemed that all the charges
incurred thereon shall be borne by the department and recovery on the
total work done shall be made from him.

18) No claim will be entertained from the contractor in case of any mistake
in description, rate or unit occurred on account of typing or comparison
or over sight. If there is any mistake, the same shall be rectifiable by
the ‘Engineer’ at any stage as per Haryana PWD schedule of rates 2021
and all the amendments received from time to time.

19) The premium should be quoted above or below for HSR items and
individual rates for NS Items. No conditional offer should be made. In
case any conditions is tendered, this will be considered as null and void
and only the premium or discount quoted by the tenderer small be
accepted. In case any tendered refused to accept the above afterwards,
his earnest money will be forfeited or the action as per conditions of Bid
Security Declaration Form shall be taken.

20) Tender premium will not be allowed on new N.S. items.

21) Rate quoted by the contractor for each N.S. item shall be for complete
job including all taxes(but excluding GST), carriage etc. Nothing extra
on any account shall be paid.

22) The payment will be made according to the actual work done by the
contractor.
 135

BILL OF QUANTITIES
NAME OF WORK:-________________________________________________.

Sr. Description of Item Quantity Unit Rate to be quoted Amount

No with brief specification by the contractor/
and reference to book society
of specification. In In words
figures

Note: In case of any discrepancy in nomenclature/ unit of items of BOQ

depicted in the DNIT, the nomenclature/ unit of MoRTH/ HSR & NS
items shall be applicable as per norms.
Unit rates and prices shall be quoted by the bidder in Indian rupees [ITB
Clause 14.1].
For routine maintenance, the unit rate indicated by the authority shall
apply. The bidder is required to accept these rates. Further, the payment
shall be performance based.
It may kindly be noted that the contractor would be obligated to carry
out 05 years paid maintenance of Rs. ______ lacs as per the fixed rates
mentioned in the maintenance items of Bill of Quantities in the DNIT.
However, the item of 05 years maintenance shall not be part of Financial
Statement to avoid any confusion.

Total Bid Price (in figures) ---------------------------------------------------

(in words) -----------------------------------------------------

Signature__________

Notes:-
1. The item for which no rate or price has been entered in will not be paid
for by the Employer when executed and shall be deemed to be covered
by the other rates and prices in the Bill of Quantities (Refer: ITB Clause
13.2).
2. Unit rates and prices shall be quoted by the bidder in Indian rupees
exclusive of GST. [ITB Clause 14.1].
 136

Section 7

Standard Forms

Letter of Acceptance

and

Other Forms
 137

Standard Forms
(A) Letter of Acceptance

LETTER OF ACCEPTANCE
(Letterhead paper of the Employer)

No.________ Dated___________________

To

_____________________________ (Name and address of the

Contractor)

Dear Sir,

This is to notify you that your Bid dated ______________ for

execution of the _______________________________________________ (name of the
contract and identification number as given in the contract data) for the
contract Price of Rupees ______________________________ (amount in words
and figures), as corrected and modified in accordance with the Instructions to
Bidders1 is hereby accepted.
You are hereby requested to furnish Performance Security, (and
additional security for unbalanced bids in terms of ITB Clause 29.3) [where
applicable] in the form detailed in Clause 34.1 of ITB for an amount
equivalent to Rs. ___________ within 15 days of the receipt of this letter of
acceptance valid up to 28 days from the date of expiry of Defect Liability-
cum-Maintenance Period i.e. up to _________________________ and sign the
contract, failing which action as stated in Clause 34.3 of ITB will be taken.
Yours faithfully,

Authorized Signature
Name and title of Signatory
Name of Employer
for and on behalf of Governor of Haryana
 138

(B) Issue of Notice to Proceed with the Work

ISSUE OF NOTICE TO PROCEED WITH THE WORK

(Letter head of the Employer)

No. _________________ Dated __________________

To

—————————————— (Name and address of the Contractor)

——————————————

Dear Sirs:

Pursuant to your furnishing the requisite Performance Security as

stipulated in ITB Clause 34 and signing of the Contract for the work of ———
—————

———— at a bid 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 and title of

signatory, authorized to sign on
behalf of
Employer)
 139

(C) Standard Form of Agreement

STANDARD FORM: AGREEMENT

This Agreement, made the ___________________day of ______________20_______,

between________________________________________________________________
__________________________________________________________ [name and
address of Employer]
(hereinafter called “the Employer”) of the one part, and
_____________________________________________
________________________________________________________________________
________________________________________________________________________
[name and address of Contractor] (hereinafter called “the Contractor” of the
other part).

Whereas the Employer is desirous that the Contractor execute

_____________________________
________________________________________________________________________
________________________________________________________________________
________________________________[name and identification number of
Contract]
(hereinafter called “the Works”) and the Employer has accepted the Bid
by the
Contractor for the execution and completion of such Works and the
remedying of any
defects therein at a cost of Rupees...............................

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings
as are respectively assigned to them in the Conditions of Contract
hereinafter referred to, and they shall be deemed to form and be read and
construed as part of this Agreement.
 140

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
within the Contract Price or such other sum as may become payable
under the provisions of the Contract at the times and in the manner
prescribed by the Contract.

4. The following documents shall be deemed to form and be read and

construed as part of this Agreement, viz:

i) Letter of Acceptance;
ii) Notice to Proceed with the works;
iii) Contractor’s Bid;
iv) Contract Data;
v) Special Conditions of Contract and General Conditions of Contract;
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming part of
the Contract.

In witness whereof, the parties thereto have caused this Agreement to be

executed the day and year first before written.

The Common Seal of ______________________________________________________

was hereunto affixed in the presence of:

Signed, Sealed and Delivered by the said

______________________________________

________________________________________________________________________

in the presence of:

Binding Signature of Employer ______________________________________________

Binding Signature of Contractor

_____________________________________________

(D) Form of Unconditional Bank Guarantee from Contractor for

Earnest Money, Earnest Money Declaration and Performance Bank
 141

Guarantee

EARNEST MONEY (BANK GUARANTEE)

WHEREAS, ______________________ [Name of Bidder] (hereinafter called “the

Bidder”) has submitted his Bid dated ____________ [date] for the construction
of _________________ [name of contract hereinafter called “the Bid”].

KNOW ALL PEOPLE by these presents that We

_________________________________________

[name of Bank] of ____________________ [name of country] having our

registered office at ____________________________________ (hereinafter called
“the Bank”) are bound unto __________________[name of Employer] (hereinafter
called “the Employer”) in the sum of ______________________ * for which
payment well and truly be made to the said Employer the Bank itself, his
successors and assigns by these presents.

SEALED with the common seal of the said Bank this ___________ day of
____________, 20

THE CONDITIONS of this obligation are;

(1) If after Bid opening the Bidder withdraws his bid during the period of
Bid validity specified in the from of tender.

OR

(2) If the Bidder having been notified to the acceptance of his bid by the
Employer during the period of Bid validity:

(a) fails or refuses to execute the Form of Agreement in accordance

with the Instructions to Bidders, if required; or

(b) fails or refuses to furnish the Performance Security, in

accordance with the Instructions to Bidders; or

We undertake to pay to the employer up to the above amount upon

receipt of his first written demand, without the Employer having to
substantiate his demand, provided that in his demand the Employer will
note that the amount claimed by him is due to him owing to the
occurrence of one or any of the three conditions, specifying the occurred
condition or conditions.

This Guarantee will remain in force up to and including the date

________________ ** days after the deadline for submission of Bids or as
such deadline as is stated in the Instructions to Bidders or as it may be
extended by the Employer, notice of which extension(s) to the Bank is
 142

hereby waived. Any demand in respect of this guarantee should reach the
Bank not later than the above date.

DATE _____________________ SIGNATURE____________________

WITNESS__________________ SEAL ___________________________

[Signature, name and address]

* The Bidder should insert the amount of the guarantee in words and
figures denominated in Indian Rupees. This figure should be the same as
shown in Clause 16.1 of the Instructions to Bidders.

** 45 days after the end of the validity period of the Bid. Date should be
inserted by the employer before the Bidding documents are issued.
 143

Earnest Money Declaration Form

(in case of bidder is registered as contractor with Haryana Government)

(refer Clause 16.2)

(This should be on a non-judicial stamp paper of Rs.10/- and shall be attested by

Magistrate/Sub-Judge/ Notary Public)

1. I hereby submit a declaration that the bid submitted by the

undersigned, on behalf of the bidder, (name of the Bidder), shall not be
withdrawn or modified during the period of validity i.e. not less than
120 (one hundred twenty) days from the bid due date.

2. I, on behalf of the bidder, (Name of Bidder), also accept the fact that in
case the bid is withdrawn or modified during the period of its validity or
if we fail to sign the contract in case the work is awarded to us or we fail
to submit a performance security before the deadline defined in clause
34.1 of the tender document, then (Name of Bidder) will be debarred for
participation in the tendering process in any of the Department/
Boards/ Corporations etc. of the Government of Haryana for a period of
Two year from the bid due date of this work.

(Signature of the Authorized Signatory)

(Official Seal)
 144

PERFORMANCE BANK GUARANTEE

To
____________________________ [name of Employer]
____________________________ [address of Employer]
____________________________

WHEREAS ______________________________________ [name and address

of Contractor] (hereafter 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 recognized bank
for the sum specified therein as security for compliance with his obligation in
accordance with the Contract;
AND WHEREAS we have agreed to give the 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
___________________________ [amount of guarantee]* _______________________
(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 there under or of
any of the Contract documents which may be made between you and the
 145

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 be valid until 28 days from the expiry of the
Defect Liability-cum-Maintenance Period.
Signature and Seal of the guarantor_____________
Name of Bank_________________________
Address _____________________________
Date________________________________

* An amount shall be inserted by the Guarantor, representing the

percentage the Contract Price specified in the Contract including additional
security for unbalanced Bids, if any and denominated in Indian Rupees.
 146

(E) Format for Equipment/Machinery Lease Agreement

EQUIPMENT/MACHINERY LEASE AGREEMENT

The Lease Agreement (the “agreement”) is made and entered on

dated__________, by and between (“Lessor) and (“ Lessee”) (collectively referred to
as the parties).
The parties agree as follows:-
1. Lessor hereby leases to Lessee the following machinery and equipment:

______________________________________________________________________
______________________________________________________

______________________________________________________________

2. LEASE TERM: The Lessee will start on dated ___________________ (begin

date) and will end on dated ___________ (end date).

3. LEASE PAYMENT: Lessee agrees to pay lessor as rent for the

equipment/ machinery the amount of Rs._________ (“RENT”) each
month in advance on the first day of each month at
______________________________________________ (Address for rent
payment) or at any other address designated by Lessor.

4. LATE PAYMENT: If any amount under this agreement is more than

______ days late, lessee agree to pay a late fees of Rs. _______ per day.

5. SECURITY DEPOSIT: Prior to taking possession of the Equipment/

machinery, Lessee shall deposit with Lessor in trust, a security deposit
of Rs. _________ as security for the performance by Lessee of the terms
under this agreement and for any damages caused by Lessee or
Lessee’s agents to the equipment/ machinery during the lease term.
Lessor may use part or all of security deposit to repair any damage to
Equipment/ machinery caused by Lessee or Lessee’s agents. However,
lessor is not just limited to security deposit amount and lessee remains
liable for any balance. Lessee shall not use or apply any such security
at any time in lieu of payment of rent. If lessee breaches any terms or
conditions of this Agreement, Lessee shall forfeit any deposit, as
permitted by law.
 147

6. DELIVERY: Lessee shall not be responsible for all expenses and costs i)
at the beginning of the Lease Term, of transporting the equipment/
machinery Lessee’s premises and ii) at the end of the Lease Term, of
transporting the equipment/ machinery back to Lessor’s premises.

7. POSSESSION AND SURRENDER OF EQUIPMENT/ MACHINERY:

Lessee shall be entitled to possession of the equipment/ machinery on
the first day of Lease Term. At the expiration of the lease term, Lessee
shall surrender the equipment/ machinery to Lessor by delivering the
equipment/ machinery to Lessor or Lessor agents in good condition and
working order, ordinary wear and tear excepted, as it was at the
commencement of the agreement.

8. USE OF EQUIPMENT/ MACHINERY: Lessee shall only use the

equipment/ machinery in a careful and proper manner and will comply
with all laws, rules, ordinances, statues and orders regarding the use,
maintenance of storage of the equipment/ machinery.

9. CONDITIONS OF EQUIPMENT/ MACHINERY AND REPAIR: Lessee or

Lessee’s agent has inspected the equipment/ machinery and
acknowledges that the equipment/ machinery is in good and acceptable
condition.

10. MAINTENANCE, DAMAGE AND LOSS:- Lessee will, at Lessee’s sole

expense, keep and maintain the equipment/ machinery clean and in
good working order and repair during the Lessee Term. In the event the
equipment/ machinery is lost or damaged beyond repair, Lessee shall
pay to Lessor the replacement cost of equipment/ machinery, in
addition, the obligations of this Agreement shall continue in full force
and effect through the Lease term.

11.INSURANCE: Lessee shall be responsible to maintain insurance on the

equipment/ machinery with losses payable to Lessor against fire, theft,
collision and other such risks as are appropriate and specified by
Lessor, upon request by Lessor, Lessee shall provide proof of such
insurance.

12. OWNERSHIP: The equipment/ machinery is and shall remain the

exclusive property of Lessor.
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13. BINDING EFFECT: The covenants and conditions contained in the

Agreements shall apply to and bind the Parties and the heirs, legal
representatives, successors and permitted assigns of the Parties.

14. GOVERNING LAW: This agreement shall be governed and constructed

in accordance with the Laws of State of Haryana.

15. NOTICE: Any notice required or otherwise given pursuant to this

Agreement shall be in writing and mailed certified return receipt
requested, postage prepaid, or delivered by courier or speed post to
Lessor/ Lessee

Address of the Lessor Address of the Lessee

Either party may change such address from time to time by providing
notice as set for the above.

In witness whereof, the parties have caused this Agreement to be

executed the day and year first above written.

LESSOR

______________________

__________________

LESSEE

___________________________

____________________________
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(F) Format For Joint Venture Memorandum of Understanding/Agreement

(wherever applicable)

FORMAT FOR JOINT VENTURE MEMORANDUM OF

UNDERSTANDING/AGREEMENT

THIS JOINT VENTURE MEMORANDUM OF UNDERSTANDING

(MOU)/AGREEMENT EXECUTED AT ……………………… ON THIS …………….. DAY
OF …………………….. 2021 BETWEEN M/s …………………………………….
Registered office at ________________________________________ as the first party
and M/s ________________________________________ Registered office at
___________________________________ as the Second party
_________________________ as thirty party. (The expression and words of the
first and second and third party shall mean and include their heirs
successors, assigns, nominees execution, administrators and legal
representatives respectively.)

WHEREAS the parties herein above mentioned are desirous of entering

into a Joint Venture for carrying on Engineering and/or contract works, in
connection with ___________________________________ and other works
mentioned in Tender Notice No. __________________________ Dated
____________________ of PWD B&R Department or any other work or works, as
mutually decided between the parties to this Joint Venture.

WHEREAS all the parties are desirous of recording the terms and
conditions of this Joint Venture to avoid future disputes.

NOW THIS MoU/AGREEMENT WITNESSTH AS UNDER:

1. That in and under this Joint Venture agreement the work will be
done jointly by the First Party and Second Party in the name and style
of M/s _______________ ________________M/s
_____________________________ and
M/s._________________________________).

2. This all the parties shall be legally liable, severally and or jointly
responsible for the satisfactory/successful execution/completion of the
work in all respects and in accordance with terms and conditions of the
contract.

3. That the role of each constituent of the said Joint Venture in

details shall be as under:-
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The first party shall be responsible for ________________________

The second party shall be responsible for _____________________

The third party shall be responsible for _______________________

4. The share of profit and loss of each constituent of the said Joint
venture shall be as under:-

5. That all the parties of this Joint Venture shall depute their
experienced staff as committed commensuration with their role and
responsibility and as required for the successful completion of the
works in close consultation with each other.

6. That the investment required for the works under this Joint
Venture shall be brought in by the parties as agreed to between them
from time to time.

7. That all the Bank guarantee shall be furnished jointly by the

parties in the name of Joint Venture.

8. That the party number ____________________________________ to

this Joint Venture shall be the prime (lead) contractor and will be
responsible for timely completion of work and to coordinate with the
Department to receive payments and also to make all correspondence
on behalf of this Consortium/Joint Venture.

9. That all the above noted parties i.e. __________________________

not to make any change in the agreement without prior written consent
of the competent authority of the department.

NOW THE PARTIES HAVE JOINED HANDS TO FORM THIS JOINT VENTURE ON
THIS ______________ DAY OF _______________ TWO THOUSAND WITH REFERENCE
TO AND IN CONFIRMATION OF THEIR DISCUSSIONS AND UNDERSTANDING
BROUGHT ON RECORD ON _____________.

IN WITNESS THEREOF ALL/BOTH THE ABOVE NAMED PARTIES HAVE SET THEIR
RESPECTIVE HANDS ON THIS JOINT VENTURE AGREEMENT ON THE DAY,
MONTH AND YEAR FIRST ABOVE MENTIONED IN THE PRESENCE OF THE
FOLLOWING WITNESS;

WITNESSES:

1. FIRST PARTY
2. SECOND PARTY
 151

(G) Bank Guarantee for Advance Payment

BANK GUARANTEE FOR ADVANCE PAYMENT
To
______________________________ [name of Employer]
______________________________ [address of Employer]
______________________________ [name of Contractor]
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]* _______________________ [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 obligation on our part and without his first claim
to the Contractor, in the amount not exceeding _________________________
[amount of guarantee]* _________________________________ [in words].

We further agree that no change or addition to or other modification of

terms of the Contractor or Works to be performed thereunder or of any of the
Contract documents which may be made between _______________________
[name of Employer] and the Contractor, shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such
change, addition or 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 of the guarantor

_____________________
Name of Bank ______________________________________
Address ___________________________________________
Date ____________

* An amount shall be inserted by the Bank or Financial Institution

representing the amount of the Advance Payment, and denominated in Indian
Rupees.
 152

(H) Indenture For Secured Advances

INDENTURE FOR SECURED ADVANCES

FORM 31
(for use in cases in which the contract is for finished work and the contractor
has entered into an agreement for the execution of a certain specified quantity
of work in a given time).

This indenture made the ___________________ day of __________________,

20___ BETWEEN ______________________(hereinafter called the contractor
which expression shall where the context so admits or implies be deemed to
include his executors, administrators and assigns) or the one part and the
Employer of the other part.

Whereas by an agreement dated _______________________ (hereinafter

called the said agreement) the contractor has agreed.

AND WHEREAS the contractor has applied to the Employer that he may
be allowed advanced on the security of materials absolutely belonging to him
and brought by him to the site of the works the subject of the said agreement
for use in the constructions of such of the works as he has undertaken to
executive at rates fixed for the finished work (inclusive of the cost of materials
and labour and other charges).

AND WHEREAS the Employer has agreed to advance to the Contractor

the sum of Rupees __________________________________________________ on the
security of materials the quantities and other particulars of which are
detailed in Accounts of Secured Advances attached to the Running Account
bill for the said works signed by the Contractor on_________ and the Employer
has reserved to himself the option of making any further advance or advances
on the security of other materials brought by the Contractor to the site of the
said works.

Now THIS INDENTURE WITNESSETH that in pursuance of the said

agreement and in consideration of the sum of Rupees ___________________ on
or before the execution of these presents paid to the Contractor by the
Employer (the receipt where of the Contractor doth hereby acknowledge) and
of such further advances (if any) as may be made to him as a for said the
Contractor doth hereby covenant and agree with the President and declare as
follows:

(1) That the said sum of Rupees _______________________ so advanced by

the Employer to the Contractor as aforesaid and all or any further sum of
sums advanced as aforesaid shall be employed by the Contractor in or
towards expending the execution of the said works and for no other purpose
whatsoever.

(2) That the materials details in the said Account of Secured Advances
which have been offered to an accepted by the Employer as security
 153

are absolutely the Contractor’s own propriety and free from

encumbrances of any kind and the contractor will not make any
application for or receive a further advance on the security of
materials which are not absolutely his own property and free from
encumbrances of any kind and the Contractor indemnified the
Employer against all claims to any materials in respect of which an
advance has be made to him as aforesaid.

(3) That the materials detailed in the said account of Secured Advances
and all other materials on the security of which any further advance
or advances may hereafter be made as aforesaid (hereafter called the
said materials) shall be used by the Contractor solely in the
execution of the said works in accordance with the directions of the
‘Engineer’.

(4) That the Contractor shall make at his own cost all necessary and
adequate arrangements for the proper watch, safe custody and
protection against all risks of the said materials and that until used
in construction as aforesaid the said materials shall remain at the
site of the said works in the Contractor’s custody and on his own
responsibility and shall at all times be open to inspection by the
‘Engineer’ or any officer authorized by him. In the event of the said
materials or any part thereof being stolen, destroyed or damaged or
becoming deteriorated in a greater degree than is due to reasonable
use and wear thereof the Contractor will forthwith replace the same
with other materials of like quality or repair and make good the same
required by the ‘Engineer’.

(5) That the said materials shall not be any account be removed from
the site of the said works except with the written permission of the
‘Engineer’ or an officer authorized by him on that behalf.
(6) That the advances shall be repayable in full when or before the
Contractor receives payment from the Employer of the price payable
to him for the said works under the terms and provisions of the said
agreement. Provided that if any intermediate payments are made to
the Contractor on account of work done than on the occasion of each
such payment the Employer will be at liberty to make a recovery
from the Contractor’s bill for such payment by deducting there from
the value of the said materials than actually used in the
construction and in respect of which recovery has not been made
previously, the value for this purpose being determined in respect of
each description of materials at the rates at which the amounts of
the advances made under these presents were calculated.
(7) That if the Contractor shall at any time make any default in the
performance or observance in any respect of any of the terms and
provisions of the said agreement or of these presents the total
amount of the advance or advances that may still be owing of the
Employer shall immediately on the happening of such default be re-
 154

payable by the Contractor to be the Employer together with interest

thereon at twelve per cent per annum from the date or respective
dates of such advance or advances to the date of repayment and
with all costs, charges, damages and expenses incurred by the
Employer in or for the recovery thereof or the enforcement of this
security or otherwise by reason of the default of the Contractor and
the Contractor hereby covenants and agrees with the Employer to
reply and pay the same respectively to him accordingly.
(8) That the Contractor hereby charges all the said materials with the
repayment to the Employer of the said sum of Rupees
____________________________________ and any further sum of sums
advanced as aforesaid and all costs, charges, damages and expenses
payable under these presents PROVIDED ALWAYS and it is hereby
agreed and declared that notwithstanding anything in the said
agreement and with- out prejudice to the power contained therein if
and whenever the covenant for payment and repayment here-in-
before contained shall become enforceable and the money owing
shall not be paid in accordance there with the Employer may at any
time thereafter adopt all or any of the following courses as he may
deem best :
(a) Seize and utilize the said materials or any part thereof in the
completion of the said works on behalf of the contractor in
accordance with the provisions in that behalf contained in the
said agreement debiting the contractor with the actual cost of
effecting such completion and the amount due to the
contractor with the value of work done as if he had carried it
out in accordance with the said agreement and at the rates
thereby provided. If the balance is against the contractor, he
is to pay same to the Employer on demand.
(b) Remove and sell by public auction the seized materials or any
part there of and out of the moneys arising from the sale retain
all the sums aforesaid repayable or payable to the Employer
under these presents and pay over the surplus (if any) to the
Contractor.
(c) Deduct all or any part of the moneys owing out of the security
deposit or any sum due to the Contractor under the said
agreement.
(9) That except in the event of such default on the part of the contractor
as aforesaid interest on the said advance shall not be payable.
(10) That in the event of any conflict between the provisions of these
presents and the said agreement the provisions of these presents
shall prevails and in the event of any dispute or difference arising
over the construction or effect of these presents the settlement of
which has not been here-in-before expressly provided for the same
shall be referred to the Employer whose decision shall be final and
the provision of the Indian Arbitration Act for the time being in force
shall apply to any such reference.
 155

(I) Integrity Pact Format

INTEGRITY PACT FORMAT

(To be executed on plain paper and submitted alongwith

Technical Bid/Tender documents for tenders having a value of Rs 1 cr.
or above. To be signed by the bidder and same signatory competent/
authorized to sign the relevant contract on behalf of the State)

This integrity Pact is made at on this day of 2021.

BETWEEN

Engineer-in-Chief on the behalf of Governor of Haryana through its

Superintending Engineer or Executive Engineer “Employer” through
which expression shall, unless repugnant to the context or
meaning thereof, include its administrators, successors and
assigns)

AND

{Name and address of the Firm/Company}, (hereinafter

referred to as “The Bidder(s)/Contractor(s) /Concessionaire
(s)/Consultant(s) and which expression shall unless repugnant to
be meaning or context thereof include its successors and permitted
assigns.)

Preamble

Whereas, the Employer has floated the Tender (NIT No.......... dtd
.......................} (hereinafter referred ’to as “Tender/Bid”) and intends
to award, under laid down organizational procedure, contract/s for
{Name of the work}(hereinafter referred to as the “Contract”).

And Whereas the Employer values full compliance with all relevant
laws of the land,
rules of land, regulations, economic use of resources and of fairness/
transparency in its relations with its Bidder(s) and/ or
Contractor(s)/Concessionaire (s)/Consultant(s).

And whereas to meet the purpose aforesaid, both the parties have
agreed to enter into this Integrity Pact (hereafter referred to as
“Integrity Pact” or “Pact”) the terms and conditions of which shall
 156

also be read as integral part and parcel of the Tender documents

and contract between the parties.

Now, therefore, in consideration of mutual covenants contained in

this pact, the parties hereby agree as follows and this pact witnesses
as under:

Article-1: Commitments of the Employer

(1) The Employer commits itself to take all measures necessary to

prevent corruption and to observe the following principles:-
a) No employee of the Employer, personally or through family
members, will in connection with the Tender for, or the
execution of a Contract, demand, take a promise for or
accept, for self, or third person, any material of immaterial
benefit which the person is not legally entitled to.
b) The Employer will, during the Tender process treat all
Bidder(s) with equity and reason. The Employer will in
particular, before and during the Tender process, provide to
all Bidder(s) the same information and will not provide
to any Bidder(s) confidential/ additional information through
which the Bidder(s) could obtain an advantage in relation to the
tender process or the contract execution.
c) The Employer will exclude all known prejudiced persons from
the process, whose conduct in the past has been of biased nature.

(2) If the Employer obtains information on the conduct of any of its

employees which is a criminal offence under the IPC/PC Act or
any other Statutory Acts or if there be a substantive suspicion in
this regard, the Employer will inform the Chief Vigilance Officer and in
addition can initiate disciplinary actions as per its internal
laid down Rules/Regulations.

Article-2: Commitments of the Bidder(s) / Contractor(s) /

Concessionaires) / Consultant(s)

The Bidder(s)/ Contractor(s)/Concessionaire (s)/Consultant(s)

commit himself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles
during his participation in the tender process and during the contract
execution.
 157

a) The Bidder(s)/Contractor(s) /Concessionaire (s)/Consultant(s)

will not, directly or through any other person or firm, offer,
promise or give to any of the Employer’s employees involved
in the tender process or the execution of the contract or to any
third person any material or other benefit which lie/she is
not legally entitled to, in order to obtain in exchange any
advantage of any kind whatsoever during the tender process
or during the execution of the contract.

b) The Bidder(s)/Contractor(s) /Concessionaire (s)/Consultant(s)

will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications,
subsidiary contract, submission or non submission or bids or
any other actions to restrict competitiveness or to introduce
cartelization in the bidding process.

c) The Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultant(s) will not commit any offence under the
relevant IPC/PC Act and other Statutory Acts; further
the Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s)
will not use improperly, for purposes of completion or
personal gain, or pass on to others, any information or
document provided by the Principal as paid of the business
relationship, regarding plans, technical proposals and
business details, including information contained or
transmitted electronically.
d) TheBidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s)
will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the
award of the contract. He shall also disclose the details of
services agreed upon for such payments.
e) The Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s)
will not instigate third persons to commit offences outlined above
or be an accessory to such offences.
f) The Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s)
will not bring any outside influence through any Govt.
bodies/quarters directly or indirectly on the bidding process in
furtherance of his bid.
 158

Article-3 Disqualification from tender process and exclusion from

future contracts.

1. If the Bidder(s) / Contractor(s) / Concessionaire(s) /

Consultant(s) before award or during execution has committed
a transgression through a violation of any provision of Article-
2, above or in any other form such as to put his reliability or
credibility in question, the Employer is entitled to
disqualify the Bidder(s)/ Contractor(s)/Concessionaire
(s)/Consultant(s) from the tender process.
2. If the Bidder(s) / Contractor(s) / Concessionaire(s) /
Consultant(s) has committed a transgression through a
violation of Article-2 such as to put his reliability or
credibility into question, the Employer shall be entitled to
exclude including blacklist and put on holiday the
Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s) for any
future tenders/ contract award process. The imposition and
duration of the exclusion will be determined by the severity
of the transgression. The severity will be determined by the
Employer taking into consideration the full facts and
circumstances of each case particularly taking into
account the number of transgressions, the position of the
transgressors within the company hierarchy of the
Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s) and
the amount of the damage. The exclusion will be imposed for a
maximum of 3 years.
3. A transgression is considered to have occurred if the Employer
after due consideration of the available evidence concludes
that “On the basis of facts available there are no material
doubts”.
4. The Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s)
with its free consent and without any influence agrees and
undertakes to respect and uphold the Employer absolute
rights to resort to and impose such exclusion and further
accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing
before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal
advice.

5. The decision of the Employer to the effect that a breach of the

provisions of this Integrity Pact has been committed by
the Bidder(s) / Contractor(s) shall be final and
 159

binding on the Bidder(s) / Contractor(s) / Concessionaire(s)

/Consultant(s) however, the Bidder(s) / Contractor(s) /
Concessionaire(s) / Consultant(s) can approach IEM(s)
appointed for the purpose of this Pact.

6. On occurrence of any sanctions/ disqualification etc arising out

from violation of integrity pact, the
Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s) shall
not be entitled for any compensation on this account.

7. Subject to full satisfaction of the Employer, the exclusion of the

Bidder(s)/ Contractor(s) /Concessionaire (s)/Consultant(s) could
be revoked by the Principal if the Bidder(s)/
Contractor(s)/Concessionaire (s)/Consultant(s) can prove that
he has restored/recouped the damage caused by him and has
installed a suitable corruption prevention system in his
organization.

Article-4: Compensation for Damages.

1. If the Employer has disqualified the Bidder(s) from the tender

process prior to the award according to Article-o, the Employer
shall be entitled to forfeit the Earnest Money Deposit/ Bid
Security or demand and recover the damages equivalent to
Earnest Money Deposit/ Bid Security apart from any other
legal right that may have accrued to the Employer.
2. In addition to I above, the Employer shall be entitled to
take recourse to the relevant provisions of the contract
related to Termination of Contract due to Contractor
Default. In such case, the Employer shall be entitled to forfeit
the Performance Bank Guarantee of the Contractor demand
and recover liquidated and all damages as per the
provisions of the contract/concession agreement against
Termination.

Article-5: Previous Transgressions

1. The Bidder declares that no previous transgressions

occurred in the last 3 years immediately before signing of
this Integrity Pact with any other Company in any country
conforming to the anti corruption/ Transparency International
(TI) approach or with any other Public Sector Enterprise/
 160

Undertaking in India or any Government Department in India

that could justify his exclusion from the tender process.
2. If the Bidder makes incorrect statement on this subject, lie can
be disqualified from the tender process oi action for his
exclusion can be taken as mentioned under Article-3 above
for transgressions of Article-2 and shall be liable for
compensation for damages as per Article-4 above.

Article-6: Equal treatment of all

Bidders/Contractors//Concessionaire
(s)/Consultant(s)/Subcontractors.

1. The Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s)

undertake(s) to demand from all sub-contractors a
commitment in conformity with this Integrity Pact, and to
submit it to the Employer before contract signing.
2. The Employer will enter into agreements with identical
conditions as this one with all
Bidders/Contractors//Concessionaire (s)/Consultant(s) and
Subcontractors
3. The Employer will disqualify from the tender process all
Bidders who do not sign this Pact or violate its provisions.

Article-7: Criminal charges against violating Bidder(s)/

Contractor(s)/Concessionaire (s)/Consultant(s)/ Sub-contractor(s).

If the Employer obtains knowledge of conduct of a

Bidder/Contractor/Concessionaire/ Consultant or subcontractor, or
of an employee or a representative or an associate of a
Bidder/Contractor or Subcontractor, which constitutes corruption,
or if the Employer has substantive suspicion in this regard, the
Employer will inform the same to the Chief Vigilance Officer.

Article-8: Independent External Monitor (IEM)

1. The Employer has appointed a Independent External Monitor

(herein after referred to as “Monitor”) for this Pact. The task
of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the
obligations under this agreement.
2. The Monitor is not subject to instructions by the
representatives of the parties and performs his functions
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neutrally and independently. He reports to the Engineer – In –

Chief (Roads/Buildings).
3. The Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s)
accepts that the Monitor has the right to access without
restriction to all project documentation of the Employer
including that provided by the Bidder(s)/
Contractor(s)/Concessionaire(s)/Consultant(s).
The Bidder(s)/Contactor(s)/Concessionaire (s)/Consultant(s) will
also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The
same is applicable to Subcontractors. The Monitor is under
contractual obligation to treat the information and documents of
the Bidder(s)/Contractor(s)/ Subcontractor(s) with confidentiality.
4. The Employer will provide to the Monitor sufficient
information about all meetings among the parties related to
the Project provided such meetings could have an impact on
the contractual relations between the Principal and the
Contractor. The parties offer to the Monitor the option to
participate in such meetings.
5. As soon as the monitor notices, or has reason to believe, a
violation of this Pact, lie will so inform the Management of the
Employer and request the Management to discontinue or take
corrective action, or to take other relevant action. The
monitor can in this regard submit non-binding
recommendations. Beyond this, the monitor has no right to
demand from the parties that they act in a specific manner,
refrain from action or tolerate action.
6. The Monitor will submit a written report to the Engineer – In –
Chief (Roads/Buildings) within 8 to 10 weeks from the date of
reference or intimation to him by the Employer and, should the
occasion arise, submit proposals for correcting problematic
situations.
7. If the Monitor has reported to the Engineer – In – Chief
(Roads/Buildings), a substantiated suspicion of an offence
under relevant IPC/PC Act, and the Engineer – In – Chief
(Roads/Buildings) has not, within the reasonable time taken
visible action to proceed against such offence or reported it
to the Chief Vigilance Officer, the Monitor may also transmit
this information directly to the Chief Vigilance Officer.
8. The word 'Monitor" would include both singular and plural.
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Article — 9 Pact Duration

This Pact begins when both parties have 1egally signed it. It expires 12
months after the Defect Liability period is over or 12 months after
his last payment under the contract whichever is later and for all
other unsuccessful Bidders 06 months after this Contract has been
awarded. If any claim is made/ lodged during his time, the same shall
be binding and continue to be valid despite the lapse of this pact as
specified above, unless it is discharged/ determined by the Engineer
– In – Chief (Roads/Buildings).
Article - 10 Other Provisions.
1. This pact is subject to Indian Law. Place of performance
and jurisdiction is the Registered Office of the Employer
2. Changes and supplements as well as termination notices need to
be made in writing.
3. If the Bidder/Contractor/Concessionaire(s)/Consultant(s) is a
partnership or a consortium, this pact must be signed by all
partners or consortium members.
4. Should one or several provisions of this agreement turn out to
be invalid, the remainder of this agreement remains valid.
In this case, the parties will strive to come to an agreement
to their original intentions.
5. Any disputes/ differences arising between the parties with regard
to term of this pact, any action taken by the Employer in
accordance with this Pact or interpretation thereof shall not
be subject to any Arbitration.
6. The actions stipulated in this Integrity Pact are without prejudice
to any other legal action that may follow in accordance with the
provision of the extent law in force relating to any civil or criminal
proceedings.
In witness whereof the parties have signed and executed this Pact at the
place and date first done mentioned in the presence of following
witness:-

(For & On behalf of the Employer) (For & On behalf of the Bidder/
Contractor Concessionaire (s)/Consultant(s)/)

(Office Seal)
Place Date
Witness I : (Name & Address):
Witness 2 : (Name & Address):
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(J) Undertaking
UNDERTAKING

Description of the Works :

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

To :

Address :

1. With full understanding that Part II of our bid (Financial bid) will be
opened only if I/We qualify on the basis of evaluation in Part I of the
Bid (Technical bid), I/We offer to execute the Works described above
and remedy any defects therein in conformity with the conditions of
Contract, specifications, drawings, Bill of Quantities and Addenda for
an amount quoted in the Financial Bid.
2. I/We agree to abide by this Bid for the period of 120 days from the date
fixed for receiving the same, and it shall remain binding upon us and
may be accepted at any time before the expiration of that period.
3. Unless and until a formal Agreement is prepared and executed this Bid,
together with your written acceptance thereof, shall constitute a binding
contract between us.
4. I/We undertake, if our Bid is accepted, to commence the Works as soon
as is reasonably possible after the receipt of the Engineer’s notice to
commence, and to complete the whole of the Works comprised in the
Contract within the time stated in the document.
5. I/We understand that you are not bound to accept the lowest or any
tender you may receive.

Signature of Authorised Signatory ...............................................

Name and Title of Signatory......................................
Name of Bidder .......................................................
Authorised Address of Communication........................
Telephone Nos (Office) ………………………………
Mobile No. ………………………………………………
Facsimile (Fax) No. …………………………………….
Electronic Mail Identification (Email ID) ………………
Place: ……………………………………………………
Date: ……………………………………………………
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(H) AFFIDAVIT

FORMAT FOR THE AFFIDAVIT

(NOTE: This affidavit should be on a non-judicial stamp paper of Rs.10/- and

shall be attested by Magistrate/Sub-Judge/ Notary Public)

Name of work _____________________________________________________

_______________________________________________________________________________________________________________________________________________

I, ……………………………………………………….… (name of the authorised

representative of the bidder) son/daughter of …….………………………
resident of
…………………………………………………………………………. (full address),
aforesaid solemnly affirm and state as under:

1. I, undersigned, do hereby certify that all the information furnished and

statement’s made in response to this notice inviting bid are true and
correct and nothing has been concealed.

2. I, undersigned or our firm M/s _____________________________ have

never been blacklisted or debarred by any State Govt. /Central
Government/Autonomous Body/Authority in Law.

3. I, undersigned or our firm M/s _______________________ have never been

declared bankrupt/ insolvent as on date.

4. The undersigned hereby authorize(s) and request(s) any bank, person,

firm PSU/ Authority or Corporation to furnish pertinent information
deemed necessary and requested by the Department to verify this
statement or regarding may (our) competence and general reputation.

5. The undersigned understand and agrees that further qualifying

information may be requested, and agrees to furnish any such
information at the request of the Department/ Project implementing
agency.

6. I, the undersigned do hereby undertake that our firm M/s

____________________would invest a minimum cash upto 25% of the
value of the work during implementation of the Contract.
 165

7. I, the undersigned do hereby undertake that our firm M/s

________________ agree to abide by this bid for a period of 120 days from
the date fixed for receiving the same and it shall be binding on us and
may be accepted at any time before the expiration of that period.

8. I, the undersigned do hereby undertake that our firm M/s

________________ agree to deploy on this work the machinery and
equipment as mentioned in ITB and technical personnels as mentioned
in Contract Data of the bid document.

9. I hereby undertake to carry out 05 years paid maintenance within the

Defect Liability Period of 05 years as per the rate fixed in the DNIT by
the Department.

10. *I hereby certify that I have been authorised by ……………………………

…………..……..……………………………………… (the bidder) to sign on
their behalf, the bid mentioned in paragraph 1 above.

Deponent
Signed by an
Authorized
Officer of the firm
(Deponent)
Place: ……………..
Date: ………………

* not applicable if the bidder is an individual and is signing the bid on his own
behalf.