Request For Proposal

For

Short term maintenance contract (STMC) work and IMS

service for km 180.500 (End of Nagaur bypass) to km
267.5(Netra village) of Nh-62 Nagaur-Jhodhpur section in the
State of Rajasthan on STMC Mode

on

SHORT TERM MAINTENANCE CONTRACT (STMC)

Ministry of Road Transport & Highways
(Through Rajasthan Public Works Department)

August 2024
 CONTENTS

Description

Section 1 Notice Inviting Tender

Section 2 Instructions to Bidders (ITB) and Appendix to ITB

Section 3 Qualification Information

Section 4 Forms of Bank Guarantees, Letter of Acceptance (LoA) and Agreement

Section 5 General Conditions of Contract (GCC) and Contract Data

Section 6 Addendum to General Conditions of Contract

Section 7 Road Maintenance Standards and Specifications for Road

Maintenance Works, Part-I and Part II

Section 8 Drawings and Schedule of Drawings and Maintenance Program

Section 9 Financial Bid Form and Bill of Quantities

 SECTION – 1

NOTICE INVITING TENDER

 SECTION – 1
NOTICE INVITING TENDER

Availability of bid documents from 23.08.2024 to 12.09.2024 upto 11:00 AM

Date of Pre-bid meeting 02.09.2024 at 3:00 pm at office of SE PWD(NH) Circle Bikaner

Deadline for submission of original documents and bid 12.09.2024 upto 3:00 PM at office of SE
PWD(NH) Circle Bikaner Opening of technical bids 12.09.2024 at 05:00 PM

Opening of financial bids Will be declared later

Validity of bids 120 days from bid due date

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 NOTICE INVITING TENDER

1. The [Ministry of Road Transport and Highways through Rajasthan PWD represented
by SE PWD(NH) Circle Bikaner hereby invites Single Percentage Rate Bids through e-tendering
from experienced firms/organizations for maintenance works and activities for the following
sections of the National/State Highways/MDR/Rural roads

Sl. Section Length Estimated Bid Contract

No. (km) Cost Security Duration(
(Rs. Lac) (Rs. Lac) month)
1. Short term 87 461.00 9.22 12

maintenance contract (including

(STMC) work and IMS GST)
service for km
180.500 (End of
Nagaur bypass) to km
267.5(Netra village) of
Nh-62 Nagaur-
Jhodhpur section in
the State of
Rajasthan on STMC
Mode

Cost of Bid Documents (Non-Refundable) : Rs 10000/- (through Bharatkosh Portal)

e-Tender Processing fee (Non-Refundable) : NIL
2. The preliminary requirements (detailed requirements are given in the Bid Documents)
of bidding firm/contractor for above work are mentioned as under: -

Average Annual Turn-over during last 3 Work of similar nature during last 5 years
years
Minimum Average Annual Turnover Single work of Rs 230.5 lac
Rs 461.00 lac (estimated cost of work) (minimum 50% of estimated cost of work)
or
Two similar works each of Rs 161.35 lac
(minimum 35% of estimated cost of work)
or
Three similar works each of Rs 115.25 lac
(minimum 25% of estimated cost of work)

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 3. The Scope of Work includes the routine maintenance of all the assets and facilities
existing within Right of Way (ROW) on the above mentioned section including maintenance of
carriageway, shoulders, median, bridges, culverts, drains, footpaths, road signage, plantation
etc., and carrying out other works as specified in the bid documents.

To participate in the bidding, it is mandatory for the Bidders to get registered their firm with e-
procurement portal http://eprocure.gov.in/eprocure/app to have user lD & password which has to
be obtained free of cost. Following may kindly be noted: (a) Registration with e-procurement portal
should be valid at least up to the date of submission of BlD. (b) BlDs can be submitted only during
the validity of registration. The Bidders shall update their project and other details on the portal on
a regular basis and apply to the tenders via the portal. The detailed bid documents can be viewed
on the website 23.08.2024 to 12.09.2024 upto 11:00 AM

5. The complete BID document can be viewed / downloaded from official portal of the CPPP
website (eprocure.gov.in/eprocure/app) from 23.08.2024 to 12.09.2024 upto 11:00 AM
. .The amendments/ clarifications to the Bid Document, if any, will be hosted on the
above website. The bidder is required to submit, along with its BlD, the cost of BID/RFP document,
i.e. Rs. (10000 Rupees only), to Employee/s account through Bharat Kosh
http://www.bharatkosh.gov.in , as mentioned below: The details for payment are as under:

Name of Ministry: MoRTH

Controller Code: 024
Name of PAO: RPAO Jaipur
PAO Code: 034975
DDO Code: 234977
Mode of Payment: Online (through Net-Banking. Debit card & Credit card) and offline
(through Challan Generated from Bharatkosh Portal)

5. The Bid should be submitted online in the prescribed format given on the website. No
other mode of submission is acceptable.

6. The authorized signatory holding Power of Attorney shall only be the Digital
Signatory. In case authorized signatory holding Power of Attorney and Digital Signatory
are not the same, the bid shall be considered non-responsive.

7. The last date for online submission of the Bid is 12.9.20244 upto 11:00 AM (as mentioned on
the e-portal only) ("Bid Due Date"). Bidder must submit its Financial Bid and Technical Bid on CPPP e-
procurement portal within the above deadline. The bids would be opened on 12.09.2024 at 05:00 PM at
Office of SE PWD(NH) Circle Bikaner, representatives of the bidders (maximum of two) who choose to
attend, may attend the online opening of the bids at 05.00PM on the date and time as mentioned above.
However, such representatives shall be allowed to attend the opening of the bids only if they produce
letter of authority on the letterhead of the bidder, at the time of opening of bids as mentioned above
(a) The amount of Bid Security is 9.22 lacs in the form of Original Bank
Guarantee in the format at Section-4 from a Scheduled Bank;

8. The period of validity of bid is 120 days from the deadline of submission of bid.

For any clarification, the office of the undersigned may be contacted.

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Executive Engineer
PWD NH Divison Nagaur-341001 (Rajasthan)
e-mail: [email protected]

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 SECTION-2

INSTRUCTIONS TO BIDDERS (ITB)

AND APPENDIX TO ITB
 SECTION - 2
INSTRUCTIONS TO BIDDERS (ITB)

TABLE OF CLAUSES

Clause A. General Clause D. Submission of Bids

1. Scope of Bid 20. Deadline for Submission of Bids
21. Late Submission of Documents in
Physical Form
2. Source of Funds 22. Modification and Withdrawal of Bids
3. Eligible Bidders E. Bid Opening, Clarification of
Bids and Evaluation
4. Qualification of the Bidder 23. Bid Opening, Clarification of Bids
and Evaluation
5. One Bid per Bidder 24. Process to be Confidential
6. Cost of Bidding 25. Contacting the Employer
7. Site Visit 26. Examination of Bids and
Determination of Responsiveness
B. Bidding Documents 27. Correction of Errors
8. Content of Bidding Documents 28. Evaluation and Comparison of
Financial Bids
9. Clarifications on Bidding Documents F. Award of Contract
10. Amendment of Bidding Documents 29. Award Criteria
C. Preparation of Bids 30. Employer’s Right to Accept any Bid
and to Reject any or all Bids
11. Language of Bid 31. Notification of Award and Signing of
Agreement
12. Documents Comprising the Bid 32. Performance Security
13. Bid Prices 33. Advances
14. Currencies of Bid and Payment G. Corrupt or Fraudulent Practices
15. Bid Validity 34. Corrupt or Fraudulent Practices
16. Earnest Money/Bid Security/ H. Labour Laws and Fundamental
Forfeiture/Debarment Breach
17. Alternative Proposals by Bidders 35. Labour Laws and Regulations
18. Format and Signing of Bid 36. Fundamental Breach and other
Obligations
19. Marking of Bids Appendix to ITB
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 A. GENERAL

1. Scope of Bid
1.1 The Employer (as defined in the Appendix to ITB) invites Single Percentage Rate bids
through the process of e-tendering for works as described in these documents and referred to as
“the Works”. The name and identification number of the Works is as defined in the Appendix to
ITB.
1.2 The successful Bidder will be expected to complete the Works by the intended
Completion Date specified in the Contract Data.
1.3 Throughout these Bidding Documents, the terms “bid” and “tender” and their
derivatives (bidder/tenderer, bid/tender, bidding/tendering, etc.) are synonymous.

2. Source of Funds
2.1 The expenditure under this contract will be met by Ministry of Road Transport
&Highways.

3. Eligible Bidders
3.1 This Invitation for Bids is open to all bidders meeting the qualification requirements
prescribed in Clause 4 of ITB.
3.2 Any entity which has been black listed or barred by the Central or any State Government
or any public sector undertaking, autonomous body or any authority under the Central or State
Government, from participating in any project, and the bar subsists as on the date of Application
shall not be eligible to submit the bid.

4. Qualification of the Bidder

4.1 All bidders shall furnish the following information and documents with their Bids in
Section-3, Qualification Information, unless otherwise stated in the Appendix to ITB.
a) Scanned copies of original documents defining the constitution or legal status, place
of registration, and principal place of business; scanned copy of written power of
attorney of the signatory of the Bid to commit the Bidder; and original copy of Written
Power of Attorney to be submitted in the envelope of physical form. (refer Clause 12.2
of ITB).
b) Scanned copy of total monetary value of civil engineering construction and maintenance
works performed for each of the last three years;
c) Scanned copy of experience certificate in works of a similar nature and size for each of
the last five years with certificates from the concerned officer of the rank of Executive
Engineer or equivalent or higher;
d) Scanned copy of evidence of availability (either owned or leased or rented) of items
of construction and maintenance equipment named in Clause 4.3 B(b) (i).
e) Scanned copy of details of the technical personnel proposed to be employed for the
Contract having the qualifications defined in Clause 4.3 B (b) (ii).
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f) Scanned copy of reports on the financial standing of the Bidder, and a certificate from
Chartered Accountant as a proof of turnover for the last three years;
g) Scanned copy of information regarding any litigation or arbitration during the last five
years in which the Bidder is involved, the parties concerned, the disputed amount,
and the present status;
h) Undertaking that the bidder is not affiliated to the firm or entity that has been hired
or employed by the Employer for preparation of bid documents or to supervise the
contract.

4.2 Bids from joint ventures/consortiums are not allowed.

4.3 A To qualify for award of the contract, each bidder in its name should have the following;-
a) achieved a minimum average annual financial turnover (in all classes of civil
engineering construction and maintenance works only) equal to the amount
indicated in NIT during last three years ending 31st March of the previous
financial year duly certified by Chartered Accountant.
b) satisfactorily completed (not less than 90% of contract value), as a prime contractor
or as a partner of JV for similar works during last five years ending last day of month
previous to the one in which bids are invited, either of the following:
i. three similar completed works costing not less than amount equal to
Rs 115.25 lac each.
ii. two similar completed works costing not less than amount equal to
Rs 161.35 lac each.
iii. one similar completed work costing not less than amount equal to
Rs 230.5 lac.
iv. (the similar work constitutes construction/maintenance of roads)
The following escalation factors shall be used to bring the value of such completed works to the
level of current financial year (2024-25):
Year Before Multiplying Factor
One i.e (2023-24)................................. 1.1
Two i.e (2022-23)............................... 1.21
Three i.e (2021-22) .............................. 1.33
Four i.e (2020-21) ................................ 1.46
Five i.e (2019-20)................................. 1.61
4.3 B (a) Each bidder must upload the scanned copies of following documents along with the
submission of online bid:
i) An affidavit on a Stamp Paper, duly attested from the Notary Public, that the
information furnished with the bid documents is correct in all respects; and
ii) Such other certificates as defined in Section-3.
Failure to submit the certificates/documents as specified above shall make the bid
non-responsive.

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b) Each bidder must demonstrate for this work:
i) evidence of availability (either owned or leased or rented) of the key equipment
for this work as stated in the Appendix to ITB.
ii) availability of personnel with qualification and experience as stated in the
Appendix to ITB.
4.4 Bidders who meet the minimum qualification criteria will be qualified only if their
available bid capacity is more than the total bid value. The available bid capacity will be calculated
as under:
Available Bid capacity = (A* N* 2.5 - B)
Where.
A = Maximum value of civil engineering works executed in any one year during
the last three years (escalation factor as specified in this section shall be used
to bring the maximum value of civil engineering works to the level of current
financial year i.e.,2024-25) taking into account the completed as well as worksin
progress.
N = Number of years prescribed for completion of the works for which bid is invited.
B = Value (escalation factor as specified in this section shall be used to bring the value
to the level of current financial year i.e.,2024-25) of existing commitments and
on-going works to be completed during the next 12 months (period of
completionof the works for which bid is invited)
4.5 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
i) made misleading or false representations in the forms, statements, affidavits
and attachments submitted in proof of the qualification requirements; and/or
ii) record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation history, or
financial failures etc. or debarring from work etc.

5. One Bid per Bidder

5.1 Each Bidder shall submit only one Bid for the Works. A Bidder who submits more than
one Bid will cause such bids 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 his own cost, responsibility and risk, is encouraged to visit, examine and
familiarise himself with the Site of Works and its surroundings including source of earth, water,
road aggregates, availability of labour etc. and obtain all information that may be necessary for
preparing the Bid and entering into a contract for undertaking the maintenance Works. The costs

14
of visiting the site shall be at the Bidder’s own expense. For this purpose, he may contact the
person whose contact details are given in the Appendix to ITB.

B. BIDDING DOCUMENTS

8. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and addenda (if
any) issued in accordance with Clause 10:
Section 1: Notice Inviting Tender
Section 2: Instructions to Bidders (ITB) and Appendix to ITB
Section 3: Qualification Information
Section 4: Forms of Bank Guarantee, Letter of Acceptance (LOA) and Agreement
Section 5: General Conditions of Contract and Contract Data
Section 6: Addendum to General Conditions of Contract
Section 7: Road Maintenance Standards and Specifications for Road Maintenance
Work, Part-I and Part-II
Section 8: Drawings and Schedule of Drawings and Maintenance Program
Section 9: Financial Bid form and Bill of Quantities
8.2 The bidder is expected to examine carefully all instructions, conditions of contract,
contract data, forms, scope, road maintenance Standards and Specifications, bill of quantities,
etc. in the Bid Documents. 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. Clarifications on Bid Documents

9.1 A prospective Bidder requiring any clarification on the Bid Documents may notify the
Employer in writing or through e-tender portal at the Employer’s address indicated in the notice
inviting Tender. The Employer will respond to any such request for clarification received earlier
than 10 days prior to the deadline for submission of Bids. Copies of the Employer’s response will
be hosted on website including a description of the queries but without identifying its source.

9.2 Pre-Bid Meeting

9.2.1 The Bidder’s authorised representative is invited to attend a pre-bid meeting, if it is
indicated in the Appendix to ITB. The purpose of the pre-bid meeting will be to clarify issues and
to answer questions on any matter that may be raised at that stage.
9.2.2 The bidder is requested to submit any questions in writing so as to reach the Employer
not later than one week before the meeting.
9.2.3 Minutes of the meeting, including the text of the questions raised (without identifying
the source of the enquiry) and the responses given will be posted without delay on website. Any
modifications of the bid documents listed in Clause 8.1, which may become necessary as a

15
result of the pre-bid meeting or which are required in the opinion of the Employer shall be made
by the Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not
through the minutes of the pre-bid meeting.
9.2.4 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.

10. Amendment of Bidding Documents

10.1 Before the deadline for submission of bids, the Employer may modify the Bidding
Documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the Bidding Documents and shall be
hosted on e-tendering portal. Bidders are advised to keep themselves updated of all the addenda
issued on e-tendering portal by daily checking the e-tendering portal and the Employer does
not assume any responsibility in case the bidder fails to do so and does not take any action, if
required, with respect to any relevant addendum.
10.3 To give prospective bidders reasonable time 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 20.3.

C. PREPARATION OF BIDS

11. Language of Bid

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

12. Documents Comprising the Bid

12.1 The e-bid submitted by the bidder shall be in two separate parts namely Part-I and Part-
II. Part-I shall be named Technical Bid and shall comprise of information submitted in Section-3.
Part-II shall be named Financial Bid and shall comprise of Bill of Quantities- Bill no.1.
12.2 Documents to be submitted in physical form must be delivered by 3.00 PM on
12.09.2024
Though, the scanned copies of following documents is required to be uploaded during
submission of e-bid on the e-tendering portal, as per Clause 12.1 above, however, following
original documents in physical form shall be submitted in a sealed envelope on or before the
Bid Due Date and before the time of submission as specified in NIT at the address indicated in
Clause 20, duly superscribed “Name of Work, Bid Due Date and time”. Name and address of the
bidder should also be indicated on the envelope.
i) Original Bank Guarantee for Tender Submission and EMD/Bid Security
ii) Bid Document Fee
iii) DELETED
iv) Written Power of Attorney of the signatory (whose digital signature certificate is
used during e-tender submission) of the bidder to commit the Bid.

16
 v) Affidavit duly notarized (as per the format provided in Section-3)
12.3 The following documents, which are not submitted with the bid, will be deemed to be
part of the bid.
i) Notice Inviting Tender
ii) Instructions to the Bidders and Appendix to ITB
iii) General Conditions of Contract and Contract Data
iv) Addendum to General Conditions of Contract
v) Road Maintenance Standards and Specifications for Road Maintenance Works,
Part-I and Part-II
vi) Drawings and Schedule of Drawings

13. Bid Prices

13.1 The Contract shall be for the whole Works, as described in Clause 1. 1 based on the
Bill of Quantities- Bill no. 1 submitted by the Bidder.
13.2 The Bidder shall quote single percentage rate above/below the BoQ/scheduled rates
on appropriate format enclosed as part of tender document on e-tender portal.
13.3 All duties, taxes, including GST, royalties and other levies payable by the Contractor
under the Contract, or for any other cause, shall be included in the rates, prices, and total bid
price submitted by the Bidder.
13.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the Contract
and shall not be subject to adjustment.

14. Currencies of Bid and Payment

All payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for a period of 120 days after the deadline date for bid
submission specified in Clause 20. A bid valid for a shorter period shall be rejected by the
Employer as non-responsive.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer
may request that the Bidders may extend the period of validity for a specified additional period.
The request and the Bidders’ responses shall be made in writing. A Bidder may refuse the
request without forfeiting his bid security. A Bidder agreeing to the request will not be required
or permitted to modify his bid, but will be required to extend the validity of his bid security for a
period of the extension, and in compliance with Clause 16 in all respects.

16. Earnest Money/Bid Security/Forfeiture/Debarment

(b) The bidder is required to submit Bid security amounting to Rs 9.22 lacs in the form of
Original Bank Guarantee in the format at Section-4 from a Scheduled Bank;

16.1 Deleted
17
16.2 Any Bid not accompanied by an acceptable Earnest Money, shall be rejected by the
Employer as non-responsive.
16.3 The Earnest Money of unsuccessful bidders will be returned within 28 days of the end
of the Bid validity period specified in Sub-Clause 15.1.
16.4 The Earnest Money of the successful Bidder will be discharged when the Bidder has
signed the Agreement and furnished the required Performance Security.
16.5 The Bid Security/Earnest Money will be forfeited:
a) if the Bidder withdraws the Bid after its submission during the period of Bid validity;
b) in the case of a successful Bidder, if the Bidder fails within the specified time limit to
i) sign the Agreement; and/or
ii) furnish the required Performance Security.
16.6 In case of forfeiture of bid security, the bidder shall also be debarred from participation
in the works of MoRTH/PWD for a period as decided by Authority.

17. Alternative Proposals by Bidders

17.1 Bidder shall submit offers that fully comply with the requirement of the Bidding
Documents. Conditional offer or alternate offer will not be considered further in the process of
evaluation and such a bid will be declared non-responsive.

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18. Format and Signing of Bid
18.1 The Bidder shall submit e-bid comprising the documents as described in Clause 12
of the ITB.
18.2 The documents to be submitted in the physical form along with the demand draft for
fees/security shall be typed or written in ink and shall be signed by a person duly authorized to
sign on behalf of the Bidder. All the pages of the documents as mentioned here shall be signed by
the person/persons signing the Bid. Documents as mentioned here shall contain no overwriting,
alterations or additions, except those to comply with instructions, issued by the Employer or as
necessary to correct errors made by the Bidder, in which case such corrections shall be made
by scoring out the cancelled portion, writing the correction and signing and dating it along with
the stamp by the person or persons signing the Bid

A. SUBMISSION OF BIDS

19. Marking of Bids

19.1 The documents to be submitted in physical form as per Clause 12.2 of ITB shall be
submitted in a sealed Envelope super scribed as “Documents in Physical Form” at the top left
corner.
In case of any discrepancy between documents submitted online and documents submitted in
the physical form, the documents submitted in physical form shall prevail over the documents
submitted through online process.

20. Deadline for Submission of Bids

20.1 The Bidder shall ensure that the complete e-Bid is uploaded on the e-tender portal on
or before the Bid Due Date and before the time specified in NIT/e-portal. The Bidder is further
required to submit Documents in Physical Form on or before the Bid Due Date and before the time of
submission as specified in NIT, at the following address:

Office of the SEPWD NH CIRCLE BIKANER (Rajasthan)

In the event of the specified date for the submission of Documents in Physical Form being declared a
holiday for the Employer, the same will be received up to the specified time on the next working day.

20.2 The Employer assumes no responsibility for inability of a bidder to submit bids through
the Employer’s e-tendering portal on account of delay in submission at bidder’s end. Bidders
shall ensure that they submit the bid well before the “Bid Due Date and Time of Bid-Submission”.
The Employer shall not be responsible if bidder is not able to submit the bid on account of failure
in network/internet connection or any other reason whatsoever.

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20.3 The Employer may extend the deadline for submission of bids by issuing an amendment
in accordance with Clause 10, in which 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 Submission of Documents in Physical Form:

21.1 Any document in physical form if received by the Employer after the deadline prescribed in
Clause 20 will be returned unopened to the Bidder and also the e-bid submitted by such Bidder shall
not be considered

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their e-bids as directed on the e-tendering portal,
before the Bid Due Date and time as prescribed in Clause 20.
22.2 No bid may be modified after the deadline for online submission of bids.
22.3 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 or as extended
pursuant to Clause 15.2 shall result in the forfeiture of the Bid Security pursuant to Clause 16.
22.4 Bidders may modify the prices of their bids before deadline of online submission of
bid.
22.5 No Late and delayed bids after Bid Due Date and time shall be permitted in e-tendering
portal System. Time being displayed on e-Tendering Portal shall be final and binding on bidders
and bids have to be submitted by bidders considering this time only and not the time as per their
location/country.

B. BID OPENING, CLARIFICATION OF BIDS AND EVALUATION

23. Bid Opening, Clarification of Bids and Evaluation

23.1 Bid opening shall be carried out in two stages. Firstly, Part-I ‘Technical Bid’ of all the
Bidders received (except those received late) shall be opened on the date and time mentioned
in Notice Inviting Tender (NIT). Part-II’ Financial Bid’ of those bidders whose technical bid has
been determined to be substantially responsive shall be opened on a subsequent date through
online process of e-tendering, which will be notified to such bidders.
The Employer will open the “Technical Bid” of all the Bids received (except those received late),
in the presence of the Bidders/Bidders’ representatives who choose to attend at the time, date
and place specified in the NIT. In the event of the specified date for the submission 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.
23.2 In all cases, the amount of Earnest Money, forms and validity shall be announced.
Thereafter, the Employer at the opening as the Employer may consider appropriate, will announce
the Bidders’ names and such other details.

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23.3 The Employer will prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with this Clause 23.
23.4 The bids accompanied with valid bid security, bid document fee, Tender processing fee
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.
As soon as possible, the Evaluation Committee will finalize the list of responsive bidders whose
financial bids are eligible for consideration. However, to assist in the examination, evaluation
of technical bids, the Employer may at his discretion, ask any bidder for clarification of his bid,
however, no additional documents in support of clarification will be entertained.
23.5 The Employer shall inform the bidders about the result of technical evaluation by
uploading on the web portal giving 3 days time for objections, if any, from the bidders. The
Employer shall finalise the evaluation of technical bids after due consideration of objections
received and intimate the bidders, whose Technical Bids are found responsive, of the date, time
and place of opening of the Financial Bids. The Bidders so informed, or their representative, may
attend the event of opening of Financial Bids.
23.6 At the time of the opening of the ‘Financial Bid’, the names of the bidders whose bids
were found responsive in accordance with Clause 23.5 will be announced. The financial bids
of only these bidders will be opened. The responsive bidders’ names, the Bid prices, the total
amount of each bid, pursuant to Clause 22 and such other details as the Employer may consider
appropriate will be announced by the Employer at the time of bid opening.
23.7 The Employer shall prepare the minutes of the opening of the Financial Bids.

24. Process to be Confidential

24.1 Information relating to the examination, clarification, evaluation, and comparison of
bids and recommendations for the award of a contract shall not be disclosed to bidders or any
other person 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. Contacting the Employer

25.1 Any effort by the Bidder to influence the Employer in the Employer’s bid evaluation,
bid comparison or contract award decisions may result in the rejection of the Bidders’ bid.

26. Examination of Bids and Determination of Responsiveness

26.1 During the detailed evaluation of “Technical Bids”, the Employer will determine whether
each Bid
(a) meets the eligibility criteria defined in Clauses 3 and 4; (b) contains the required documents
in physical form and the documents uploaded by the bidder are in order; and (c) is substantially
responsive to the requirements of the Bidding Documents. During the detailed evaluation of the
“Financial Bids”, the responsiveness of the Bids will be further determined with respect to the
remaining bid conditions, i.e., bill of quantities, Specifications and drawings etc.

21
27. Correction of Errors
27.1 Financial Bids determined to be substantially responsive will be checked by the
Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:
a) Where there is a discrepancy between the rates in figures and words, the rates in
words will govern; and
27.2 The amount stated in the Financial Bid will be corrected as per Clause 27.1 and shall
be binding upon the Bidder. If the Bidder does not accept the corrected amount, the Bid shall be
rejected and the Bid Security shall be forfeited in accordance with Clause 16.6 (b).

28. Evaluation and Comparison of Financial Bids

28.1 The Employer will evaluate and compare only the bids determined to be substantially
responsive in accordance with Clause 26.
28.2 If the Bid of the successful Bidder is seriously unbalanced in relation to the Employe/s
estimate of the cost of work to be performed under the contract, the Employer may require the Bidder to
produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal
consistency of those prices with the construction methods and schedule proposed. lf, after evaluation of
the price analyses, the Employer determines that the bidder has substantially faiied to demonstrate its
capability to deliver the contract at the offered price, the Employer may reject the bid/proposal.

C. AWARD OF CONTRACT

29. Award Criteria

29.1 Subject to Clause 31, the Employer will award the Contract to the Bidder whose Bid
has been determined to be substantially responsive according to the bidding documents and
who has offered the lowest evaluated Bid price.

30. Employer’s Right to Accept any Bid and to Reject any or all Bids
30.1 Notwithstanding Clause 29, 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.

31. Notification of Award and Signing of Agreement.

31.1 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 e-mail or facsimile 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, and of routine maintenance of roads
by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the
“Contract Price”).
31.2 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 32.

22
 31.3 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 security is furnished.
31.4 Upon furnishing of the Performance Security by the successful Bidder, the Employer
will promptly notify the other Bidders that their Bids have been unsuccessful.

32. Performance Security

32.1 Within '10 (ten) days of receipt of Letter of Acceptance, the selected Bidder shall furnish to
the Employer an irrevocable and unconditional guarantee from a Bank in the form set forth in Section 4
(Form of Bank Guarantee for Performance Security)for an amount equal to 3% (three percent) of the
Bid Price.
A. Bank Guarantee, in the name of the Employer, from following banks would be accepted: -
i) State Bank of lndia or its subsidiaries,
ii) Any lndian Nationalised Bank
iii) lDBl/lClCl Bank
iv) A Foreign Bank (issued by a branch outside lndia) with a counter guarantee
from SBI or its subsidiaries or any lndian Nationalised Bank.
v) Any Scheduled Commercial Bank approved by RBI having a net worth of not
less than Rs. 500 crore as per the latest Annual Report of the Bank. ln the case
of a Foreign Bank (issued by a branch in lndia), the net worth in respect of the
lndian operations shall only be taken into account.
B. The acceptance of the guarantees shall also be subject to the conditions that the capital
adequacy of the Bank shall not be less than the latest norms prescribed by RBl.

C. The bank guarantee issued by a Cooperative Bank shall not be accepted.

32.2 The Performance Security shall be valid until 60 (sixty) days after the Defects Liability
Period.

32.3 For avoidance of any doubt, in case of failure of submission of Performance Security within
the stipulated time period, the award shall be deemed to be cancelled/ withdrawn. Thereupon all rights,
privileges, claims and entitlements of the Contractor under or arising out of the Award shall be deemed
to have been waived by, and to have ceased with the concurrence of the Contractor, and the Award
shall be deemed to have been withdrawn by the Employer.

32.4 The agreement will be executed within 10 days of receipt of Performance Security.

33. Advances
33.1 The Employer will provide Mobilization Advance as provided in Part I General
Conditions of Contract.

D. CORRUPT OR FRAUDULENT PRACTICES

34. Corrupt or Fraudulent Practices

34.1 The bidders and their respective officers, employees, agents and advisers shall
23
observe the highest standard of ethics during the bidding process. Notwithstanding anything to
the contrary contained herein, the Employer may reject any bid without being liable in any manner
whatsoever to the bidder if it determines that the bidder has, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice in the bidding process.
34.2 Without prejudice to the rights of the Employer under Clause 34.1 hereinabove, if
any bidder is found by the Employer to have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice during the bidding process, such bidder shall not be eligible to participate
in any tender issued by the Employer during a period of 2 (two) years from the date such bidder
is found by the Employer to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.
34.3 For the purposes of this Clause 34, the following terms shall have the meaning
hereinafter respectively assigned to them:
a) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly,
of anything of value to influence the actions of any person connected with the bidding
process (for avoidance of doubt, offering of employment to, or employing, or engaging
in any manner whatsoever, directly or indirectly, any official of the Employer who is or
has been associated in any manner, directly or indirectly, with the bidding process or
has dealt with matters concerning the Contract or arising therefrom, before or after
the execution thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service of the Employer,
shall be deemed to constitute influencing the actions of a person connected with the
bidding process); engaging in any manner whatsoever, whether during the bidding
process or after the award or after the execution of the Contract, as the case may be,
any person in respect of any matter relating to the Works, who at any time has been
or is a legal, financial or technical adviser of the Employer in relation to any matter
concerning the Works;
b) “fraudulent practice” means a misrepresentation or omission of facts or suppression
of facts or disclosure of incomplete facts, in order to influence the bidding process;
c) “coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s participation or
action in the bidding process;
d) “undesirable practice” means establishing contact with any person connected with or
employed or engaged by the Employer with the objective of canvassing, lobbying or
in any manner influencing or attempting to influence the bidding process; and
e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among bidders with the objective of restricting or manipulating a full and
fair competition in the bidding process.
The Employer requires the Bidder/Contractor to strictly observe the laws against fraud
and corruption enforced in India, namely Prevention of Corruption Act, 1988.

E. LABOUR LAWS AND FUNDAMENTAL BREACH

24
35. Labour Laws and Regulations
35.1 The Bidders shall be aware of the provisions of various Labour Laws, Regulations
and Welfare Measures applicable for Construction Workers in India, and other obligations stated
in the Conditions of Contract.

36. Fundamental Breach and other obligations

36.1 The Bidders shall be aware of the provisions of Fundamental Breach and other
obligations stated in the Conditions of Contract.

25
 Appendix to ITB

ITB Clause Reference

1.1) The Employer is CHIEF ENGINEER (NH) PWD RAJASTHAN
1.1) Name and identification number of Works Short
term maintenance
contract (STMC) work and IMS service for km 180.500 (End
of Nagaur bypass) to km 267.5(Netra village) of Nh-62
Nagaur-Jhodhpur section in the State of Rajasthan on STMC
Mode
(4.3. B(b) (i). The key equipment to be deployed on contract work.

Name of the Equipment Quantity

(For bituminous pavement/concrete pavement and earthwork)
1. Deleted

2. Sensor Paver 1
3. Vibratory Roller (8/10 T) 1
4. Static Roller (8/10 T) 1
5. Small Roller/Compactor 1
6. Bitumen/emulsion sprayer 1
7. Mechanical Broom (1250 sqm per hour) 1
8. Air compressor 2
9. Grader/Backhoe loader 1

26
10. Water Tanker 2
11. Dewatering Pumps 2
12. Tipper/dumper Truck 2
13. Mini hot mix plant (6/10 T/Hr capacity) 1
with indirect heating arrangements
14. Hot Mix Plant 1
15. String line set 1
16. Flotter 1
17. Slip Form Paver 1
18. Skid Vibrator 1
19. Joint Cutting machine 1
.

Note: The bidder must upload scanned copy of the documentary evidence in support of his owning/
leased/rented of the above equipments. In case the bidder proposes to hire or take the above
equipment on lease, he should, along with the lease/rent agreement, attach the proof of ownership
of this equipment with the company/entity from whom the equipment are proposed to be hired on
lease/rent. Any conditional evidence of deployment of above equipment or inadequate proof as
required for any of the equipment shall make the bid non-responsive and financial bid shall not be
opened.

27
4.3 B (b) (ii) The Number of Technical Personnel, Qualifications and Experience will be
as follows:

S. Personnel Qualification Particular Experience No. of

No. (minimum requirement) Persons
1 Project Manager Degree in Civil 5 years as Project Manager 1
Engineering on Highway, Bridge
construction/Maintenance
works
2 Site Engineer-cum- Degree in Civil 4 years on Highway 1
Surveyor Engineer cum Engineering Construction/Maintenance
Material Engineer works
3 Incident cum Road Graduate from a 3 years on Highway 1
Property Manager recognized University Property Management and
cum Route Operation Maintenance
Manager
4 Road Safety Auditor Road Safety Audit 5 years experience 3 days in
Certificate from every 3
appropriate approved months
Govt. agency
Note: The signed CVs must be uploaded along with the bid.. Non-compliance of the above or non-
furnishing of the CV as above or conditional deployment of any of the above personnel or proposal
to employ lesser number of personnel than above shall make the bid non-responsive and financial
bid shall not be opened.

9.2.1 - Pre-bid meeting shall be held on 02.09.2024 at 03:00 pm at office of SEPWD NH

CIRCLE BIKANER (Rajasthan)

28
 SECTION -3

QUALIFICATION INFORMATION
 SECTION -3
QUALIFICATION INFORMATION

The information to be filled in by the Bidder in this section and documents submitted in physical
form will be used for the purposes of post qualification as provided for in Clause 4 of the
Instructions to Bidders. This information will not be incorporated in the Contract.

31
 QUALIFICATION INFORMATION

1. For Individual Bidders

1.1 a) Year of Constitution

b) Legal status of Bidder (Proprietorship/Partnership or Pvt. Ltd. firm)
[Upload scanned copy of original]
c) Place of registration:
d) Principal place of business:
1.2 Power of Attorney of signatory of Bid [Upload scanned copy and also supply Original
copy in envelope of physical form]]

1.3 Total value of Civil Engineering construction and/or maintenance works performed in
the last three years (in Rs. Lakh).

Refer ITB Clause 4.4 A (a)

(Upload scanned copies of certificate from Chartered Accountant and also supply original
certificate from Chartered Accountant)

Year Total value of work performed (Rs. Lac)

2023-2024

2022-2023

2021-2022

32
1.4 (a) Work performed as prime contractor/JV partner provided further that all other
qualification criteria are satisfied (in the same name) of a similar nature during the last five years
as per ITB Clause 4.3A(b).

Project Name Description Value of Date of Stipulated Actual Remarks

Name of the of work Contract issue period of date of explaining
Employer* (Rs. in of work completion completion* reasons
Lac) order for delay
in work
Completed

* Upload certificate(s) from the Employer (to be given by an officer not below the rank of Executive
Engineer or equivalent or higher and also supply original or certified copy in physical form
envelope)

Note: In case of sub-contractor–a certificate from the Executive Engineer or equivalent of the
Prime Employer should be obtained from whom an approval for subcontractor has been
obtained.

33
 1.4 (b) Information on Bid Capacity (works for which bids have been submitted and accepted
and works which are yet to be completed) as on the date 7 days before the last date for bid
submission (as per Clause 4.4 of the ITB).
(i) Existing commitments and on-going works (B)
Description Place & Contract Name & Value of Stipulated Value of Escalation Anticipated Escalated value
of work State No. Address of Contract Period of works* factor date of of remaining work
Employer (Rs Cr) Completion remaining completion during completion
to be period of work for
completed which bids are
(Rs Cr) invited
1 2 3 4 5 6 7 8 9 10

* Upload certificate (s) from the Engineer(s)-in-Charge of the rank of Executive Engineer or
equivalent & also supply original or certified copy of certificate in physical form envelope.

(ii) Details of works for which bid submitted and accepted (i.e. where contract signing is
pending)
Description Place & State Name & Address Date of issue Value given in Stipulated period Value of work during
of works of Employer of Letter of LOA for completion completion period of
Acceptance work for which bids are
(LOA) * invited
1 2 3 4 5 6 7

* Upload copy of LOA

(iii) Bid Capacity (Bidder shall calculate, mention his bid capacity and enclose the
supporting calculation)
A = Rs. .............. lakh (enclose the details)
N = ......................... years
B = Rs. .............. lakh (enclose the details)
available bid capacity = AxNx2.5 – B
= Rs. ............. lakhs

34
1.5 Availability of Key Equipment essential for carrying out the Works [Ref. Clause 4.3(B)
(b) (i)]. The Bidder should list all the information requested below.

Item of Requirement Availability Proposals Page No of the

Equipment proof attached
No. Capacity Owned/Leased Age/
rented Condition

Note: The bidder must upload the documentary evidence in support of his owning/leased/rented
of the above equipment. In case the bidder proposes to hire or take the above equipment
on lease, he should, along with the lease/rent agreement, attach the proof of ownership
of these equipments with the company/entity from whom the equipment are proposed to
be hired on lease/rent. Any conditional evidence of deployment of above equipment or
inadequate proof as required for any of the equipment shall make the bid non-responsive
and financial bid shall not be opened.
1.6 Qualification and Experience of Key Personnel required for administration and
execution of the Contract [Ref. Clause 4.3 (B) (b) (ii)]. Upload biographical data for technical
personnel (Refer also to Clause. 4.1 (e) of Instructions to Bidders).
(Refer also to Sub Clause 9.1 of the General Conditions of Contract).

Position Name Qualification Total Professional Experience in the

Experience (Years) proposed position
(Years)

Note : The signed CVs of the Technical Personnel must be uploaded along with the bid. Non-
compliance of the above or non-furnishing of the CV as above or conditional deployment
of any of the above personnel or proposal to employ lesser number of personnel than
above shall make the bid non-responsive and financial bid shall not be opened.
1.7 Information on litigation history in which the Bidder is involved.

Other Party Employer Cause of Amount involved Remarks showing

Dispute (Rs lakh) Present Status

2. Bidders should upload the scanned copy of the following affidavits/undertakings as

per formats enclosed hereinafter and also send original copy of Affidavit/Undertakings: -
i) Affidavit (it should be on stamp paper attested by Notary Public)
ii) Undertaking regarding availability of minimum cash amounting to 25% of the value of
work during implementation of the Contract towards working capital.
iii) Undertaking that the Bids shall remain valid for the period specified in Clause 15.1.

35
 AFFIDAVIT

1. I, the undersigned, do hereby certify that all the statements made in the enclosed
attachments are true and correct.
2. The undersigned also hereby certifies that neither our firm M/s
have abandoned any work in India nor any contract
awarded to us for such works have been rescinded, during last five years prior to the date of this
bid.
3. The undersigned hereby Authorise(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by the Employer
to verify this statement or regarding our competence and general reputation.
4. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the Employer and within
the prescribed time.

(Signed by an Authorised Representative of the Firm)

Name of the Representative

Name of Firm

Date
To be notarized by Notary

36
 UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s

shall maintain availability of minimum cash amounting to
25% of the value of the work during implementation of the Contract towards the working capital.

(Signed by an Authorised Representative of the Firm)

Name of the Representative

Name of Firm

Date

37
 UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s

agree to abide by this bid for a period of days after 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.

(Signed by an Authorised Representative of the Firm)

Name of the Representative

Name of Firm

Date

38
 SECTION-4

FORMS OF BANK GUARANTEES

LETTER OF ACCEPTANCE (LOA) AND AGREEMENT

FORM OF BANK GUARANTEES FOR BID

SECURITY

B.G. No. Dated:

1. In consideration of you, ****, having its office at ****, (hereinafter referred to as the
“Authority”, which expression shall unless it be repugnant to the subject or context
thereof include its, successors and assigns) having agreed to receive the BID of
…………………… and having its registered office at ....................... (and acting on behalf
of its JV) (hereinafter referred to as the “Bidder” which expression shall unless it
be repugnant to the subject or context thereof include its/their executors, administrators,
successors and assigns), for the*** ** maintenance Project on PBMC basis (hereinafter
referred to as “the Project”) pursuant to the Bid Document dated
…………… issued in respect of the Project and other related documents
including without limitation the draft contract Agreement (hereinafter collectively
referred to as “Bidding Documents”), we (Name of the Bank) having our registered
office at ………………… and one of its branches at ……………………..
(hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms of
Clause 16 read with Clause 32.3 of the Bid Document, irrevocably, unconditionally and
without reservation guarantee the due and faithful fulfilment and compliance of the
terms and conditions of the Bidding Documents (including the Bid
Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of
Rs. *** ** (Rupees *** ** only) (hereinafter referred to as the “Guarantee”) as our
primary obligation without any demur, reservation, recourse, contest or protest and
without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any
of the terms and conditions contained in thesaid Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in default
of the due and faithful fulfilment and compliance with the terms and conditions
contained in the Bidding Documents shall be final, conclusive and bindingon the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether
the claim of the Authority is disputed by the Bidder or not, merely on the first demand
from the Authority stating that the amount claimed is due to the Authority by reason of
failure of the Bidder to fulfil and comply with the terms and conditions contained in the
Bidding Documents including failure of the said Bidder to keep its BID open during the
BID validity period as set forth in the said Bidding Documents for any reason whatsoever.
Any such demand made on the Bank shall be conclusive as regards amount due and
payable by the Bank under this Guarantee. However, our liability under this Guarantee
shall be restricted to an amount not exceeding Rs. *** **(Rupees *** ** only).
39
4. This Guarantee shall be irrevocable and remain in full force for a period of 150 (one
hundred and fifty) days from the BID Due Date inclusive of a claim period of 60 (sixty)
 days or for such extended period as may be mutually agreed between the Authority and
the Bidder, and agreed to by the Bank, and shall continue to be enforceable till all
amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to
whether the Bidder is in default of due and faithful fulfilment and compliance with
the terms and conditions contained in the Bidding Documents including, inter alia,
the failure of the Bidder to keep its BID open during the BID validity period set forth in
the said Bidding Documents, and the decision of the Authority that the Bidder is in
default as aforesaid shall be final and binding on us, notwithstanding any differences
between the Authority and the Bidder or any dispute pending before any Court,
Tribunal, Arbitrator or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or windingup
of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or
the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat theBank
as the principal debtor. The Authority shall have the fullest liberty without affecting in any
way the liability of the Bank under this Guarantee from time to time to vary any of the
terms and conditions contained in the said Bidding Documents or to extend time for
submission of the BIDs or the BID validity period or the period for conveying acceptance
of Letter of Acceptance by the Bidder or the period for fulfilment and compliance with all
or any of the terms and conditions contained in the said Bidding Documents by the said
Bidder or to postpone for any time and from time to time any of the powers
exercisable by it against the said Bidder and eitherto enforce or forbear from enforcing
any of the terms and conditions contained in the said Bidding Documents or the
securities available to the Authority, and the Bank shall not be released from its liability
under these presents by any exercise by the Authority of the liberty with reference to the
matters aforesaid or by reason of time being given to the said Bidder or any other
forbearance, act or omission on the part of the Authority or any indulgence by the
Authority to the said Bidder or by any change in the constitution of the Authority or its
absorption, merger or amalgamation with any other person or any other matter or thing
whatsoever which under the law relating to sureties would but for this provision have the
effect of releasing the Bank from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently

given or made if addressed to the Bank and sent by courier or by registered mail to the
Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us

addressed to [name of Bank along with branch address] and delivered at our
above branch which shall be deemed to have been duly authorised to receive the
said notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Authority may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency
40
 except with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge
the obligations contemplated herein, the undersigned is duly authorised and
has fullpower to execute this Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee
shall be restricted to Rs. *** crore (Rupees *** ** crore only). The Bank
shall be liable to pay the said amount or any part thereof only if the
Authority serves a written claim on the Bank in accordance with paragraph
9 hereof, on or before [*** (indicate date falling 210 days after the BID Due
Date)].

14. This guarantee shall also be operatable at our……………….. Branch at

New Delhi, from whom, confirmation regarding the issue of this guarantee
or extension / renewal thereof shall be made available on demand. In the
contingency of this guarantee being invoked and payment thereunder
claimed, the said branch shall accept such invocation letter and make
payment of amounts so demanded under the said invocation.

15. The guarantor/bank hereby confirms that it is on the SFMS (Structural

Finance Messaging System) platform & shall invariably send an advice of this
Bank Guarantee to the designated bank of RAJASTHAN NH PWD, details of
which is as under:

S. No. Particulars Details

1. Name of Beneficiary CHIEF ENGINEER NH PWD
RAJASTHAN JAIPUR
2. Name of Bank State Bank of India, Jacob
Road, Civil Lines, Hasanpura,
Jaiur-302006
3. Account No. 37466760264
4. IFSC Code SBIN0031820

Signed and Delivered by ............................ Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorised

official.

(Signature of the

Authorised Signatory)

(Official-Seal)
 FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY

To

[Address of Employer]

WHEREAS……………………………………………… (name and address of contractor)

hereinafter called “the Contractor” has undertaken, in pursuance of Letter of Acceptance 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 for the sum specified therein as security for compliance with
his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREOF we hereby affirm that we are the guarantor and responsible to you on
behalf of the Contractor, up to a total amount of Rs……………… (amount of guarantee)
(Rupees… .....................................................(in words) 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 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 60 days from the date of expiry of the Defects Liability Period.

Notwithstanding anything contained herein before, our liability under this guarantee is restricted
to Rs. (Rs. in words) and the guarantee shall remain valid till
. Unless a claim or a demand in writing is served upon us on or before
all our liability under this guarantee shall cease.

Signature and seal of the Guarantor with Name, Designation, Employee Code Number and
Telephone Number………………………………………………………

42
 The guarantor/bank hereby confirms that it is on the SFMS (Structural
Finance Messaging System) platform & shall invariably send an advice of this
Bank Guarantee to the designated bank of RAJASTHAN PWD, details of
which is as under:

S. No. Particulars Details

1. Name of Beneficiary CHIEF ENGINEER NH PWD
RAJASTHAN JAIPUR
2. Name of Bank State Bank of India, Jacob
Road, Civil Lines, Hasanpura,
Jaiur-302006
3. Account No. 37466760264
4. IFSC Code SBIN0031820

Name of the Issuing Name of the Controlling

Bank/Branch------------------- Branch/Bank------------------------------

Address and Telephone Number Address and Telephone Number………….

Date………………………….

In the presence of (if this is to be witnessed as per bank’s policy) …………………………………

1…………………………………………………………………………………………

(Name, Address and Occupation)

2…………………………………………………………………………………………

(Name, Address and Occupation)

An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price
specified in the Contract and denominated in Indian Rupees.

43
 FORM OF LETTER OF APPLICATION

To,
[Address of Employer]

DESCRIPTION OF WORKS: BID FOR [Name of Work]

Dear Sir,
Having examined the Bid Document, Instructions to Bidders, Qualification Information, Scope of
works, etc. for the subject work we hereby submit our bid for the subject work.
It is certified that the information furnished in this document is true and correct. The proposal is
unconditional and unqualified. We undersigned accept that the Employer reserves the right to
reject any or all applications without assigning any reason.

Thanking you,
Yours faithfully,

(Authorized Signatory)
For and on behalf of M/s

44
 FORM OF LETTER OF ACCEPTANCE

No. …………………………. Dated ………………..….

To
M/s………………………….

Sub.: …………………………. Name of Work …………………………………

Sir,
Based on your bid submitted on................... in compliance of bidding document of [the Employer]
for execution of the works of.......................................................................... , it is hereby notified that
your bid for a Contract Price of Rs…………… (Rupees in words… ...... ) has been accepted for
and on behalf of [the Employer]
You are hereby requested to furnish Performance Security plus additional security in the
form detailed in Clause 32.2 of ITB for an amount equivalent to Rs…………… (Rupees in
words… ) within 10 days as per provisions of Clause 32.1 of ITB of the bid document and
sign the contract agreement failing which the actions as stipulated in Clause-32.3 of ITB shall
be taken.

Thanking you,
Yours faithfully,

(………………..)
Employer

45
 FORM OF AGREEMENT

AGREEMENT

This agreement made the day of between the

--------------------- (hereinafter called “the Employer” of the one part and
(here in after called “the Contractor”) of the other part.
AND WHEREAS the Employer invited bids from eligible bidders for the execution of certain
works, viz………………………………………………
AND WHEREAS pursuant to the bid submitted by the Contractor, vide (here
in after referred to as the “BID” or “ÖFFER”) for the execution of works, the Employer by his
letter of acceptance dated accepted the offer submitted by the Contractor for the
execution and completion of such works and remedying of any defects thereon, on terms and
conditions in accordance with the documents listed in Para 2 below.
AND WHEREAS the Contractor by a deed of undertaking dated has agreed to abide
by all the terms of the bid, including but not limited to the amount quoted for the execution of
Contract, as stated in the bid, and also to comply with such terms and conditions as may be
required from time to time.
AND WHEREAS the Contractor has agreed to undertake such works and has furnished a
Performance Security pursuant to Clause 32 of ITB (Section-2).

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this agreement, words and expressions shall have the same meaning as are
respectively assigned to them in the conditions of contract hereinafter referred to;
2. The following documents shall be deemed to form and be read and construed as part
of this agreement viz.
a) Agreement;
b) Letter of Acceptance;
c) Contractor’s Bid;
d) Contract Data;
e) General Conditions of Contract;
f) Addendum to General Conditions of Contract;
g) Road Maintenance Standards and Specifications for Road Maintenance Works;
h) Drawings, if any;
i) Bill of Quantities; and
j) Any other document listed in the Contract Data.

46
3. The foregoing documents shall be construed as complementary and mutually
explanatory one with another. Should any ambiguity or discrepancy be noted, then
the order of precedence of these documents shall be subject to the order as listed
above and interpreted in the above order of priority.
4. 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 respects
with the provisions of the contract.
5. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the works and remedying of defects therein, the Contract Price or
such other sum as may become payable under the provisions of the contract at the
times and in the manner prescribed by the contract.
IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the
day and year above written. Signed, sealed and delivered by the said Employer through his
Authorized Representative and the said Contractor through his Power of Attorney holder.

Binding Signature of Employer Binding Signature of Contractor

For and on behalf of For and on behalf of M/s ----------------------

In the presence of In the Presence of

1. Name : 1. Name:
Address: Address:

2. Name : 2. Name:
Address: Address:

47
 SECTION -5

GENERAL CONDITIONS OF CONTRACT (GCC) AND CONTRACT DATA

48
 SECTION 5
GENERAL CONDITIONS OF CONTRACT (GCC)

TABLE OF CLAUSES

A. General 31. Correction of Defects noticed during the

Defects Liability Period
1. Definitions 32. Uncorrected Defects
2. Interpretation D. Cost Control
3. Language and Law 33. Bill of Quantities
4. Engineer’s Decisions 34. Changes in the Quantities
5. Delegation 35. Variations
6. Communications 36. Payments for Variations
7. Subcontracting 37. Cash Flow Forecasts
8. Other Contractors 38. Payment Certificates
9. Personnel and Equipment 39. Payments
10. Employer’s and Contractor’s Risks 40. Compensation Events
11. Employer’s Risks 41. Taxes and Currencies for Payments
12. Contractor’s Risks 42. Security Deposit/Retention Money
13. Insurance 43. Liquidated Damages
14. Site Investigation Reports 44. Advance Payments
15. Queries about the Contract Data 45. Performance Security
16. Contractor to Construct the Works 46. Cost of Repairs
17. The Works to be completed by the E. Finishing the Contract
Intended Completion Date
18. Approval by the Engineer 47. Completion
19. Site Regulations and Safety 48. Taking Over
20. Discoveries 49. Final Account
21. Possession of the Site 50. Operation and Maintenance Manual
22. Access to the Site 51. Termination
23. Instructions 52. Payment upon Termination
24. Procedure for Dispute Resolution 53. Property
B. Time Control 54. Release from Performance
25. Programme
26. Extension of the Intended Completion F. Other Conditions of Contract
Date
27. Delays ordered by the\Engineer 55. Labour
28. Management Meetings 56. Compliance with Labour Regulations
C. Quality Control 57. Drawings and Photographs of the Works
29. Identifying Defects 58. The Apprentices Act, 1961
30. Tests

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 A. GENERAL

1. Definitions
1.1 Terms which are defined in the Contract Data but not defined in the Conditions of
Contract 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
Contractor’s Bid.
Certificate of Completion is the Certificate issued by the Engineer upon completion of works or
parts thereof as applicable in accordance with Clause 47.
Compensation Events are those defined in Clause 40.
Contract is the Contract between the Employer and the Contractor to maintain the road assets
and to execute, complete, and maintain the Works. It consists of the documents listed in
Clause 2.3.
Contract Data defines the documents and other information, which comprise the Contract.
Contractor is a person or corporate body whose Bid to carry out the Road Maintenance Works
and Activities has been accepted by the Employer.
Contractor’s Bid is the completed Bidding Document submitted by the Contractor to the
Employer.
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.
Defect is any part of the Maintenance Works and Activities not completed in accordance with
the Contract Specifications.
Defects Liability Certificate is the certificate issued by the Engineer, after the Defects Liability
Period has ended and upon correction of Defects by the Contractor.
Defects Liability Period means the period so stipulated in the Contract Data, calculated from
the Completion Date, during which the Contractor remains responsible for the rectification of any
defect in the Works he has undertaken.
Employer is the party as defined in the Contract Data, who employs the Contractor to carry out
the Works. The Employer may delegate any or all functions to a person or body nominated by
him for specified functions.
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 on behalf
of the Employer.
Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to execute
the Maintenance Works and Activities.
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Intended Completion Date is the date, as given in contract data, on which it is intended that the
Contractor shall complete the Works as per scope under the contract. The intended Completion
Date may be revised only by the Engineer by issuing an Extension of Time after approval from
the Employer.
Letter of Acceptance means the formal acceptance of the Bid by the Employer.
Materials are all supplies, including consumables, used by the Contractor for incorporation in
the Maintenance Works and Activities.
Maximum Response Time means the maximum permissible time within which remedial action
must be completed prior to a defect exceeding the permissible tolerance. Maximum Response
Time commences from the time of earliest detection of the defect by (i) observation of the defect
by the Contractor, or (ii) notification of the defect by the Engineer, or (iii) intimation of the defect
by a road user.
Notice to Proceed means the notice issued by the Employer to the Contractor to proceed with
the work after signing of the contract pursuant to Clause 32.1 of ITB.
Permissible Tolerance means the maximum permissible amount or quantity of a defect in
road-asset condition that will not be exceeded at any time. If any defect exceeds the permissible
tolerance, it shall be treated as “non-compliance” and the Contractor shall be paid in accordance
with the relevant provisions in this contract.
Project Manager is a person appointed by the Contractor who is in charge of managing all
activities of the Contractor under the Contract. He is also the Contractor’s Representative for the
purpose of this Contract.
Road means the Road or package of roads in network or scattered for which the Maintenance
Works and Activities are to be carried out under the Contract.
“Road Assets” include the following:
i) Main carriageway with shoulders (paved and/or earthen), medians, slip roads,
service roads;
ii) Road embankment including slopes, protection works, kerbs and chute drains;
iii) Roadway in cutting including slopes protection works, drains;
iv) Culverts, Bridges, Over/Underpasses, retaining walls, Guide bunds, Floor
protection works;
v) Road signs, road markings, road delineators, guard rails, safety barriers, railings,
fencings, parapets, kilometre stones, 200 m stones, road boundary stones;
vi) All types of drains, trees, plantations and erosion control measures;
vii) Road land;
viii) Any other project facility or asset forming integral part of the road(s).
Road Maintenance Standards is the collective term for parameters which define the condition
in which the road assets are required to be maintained and other requirements regarding safety
and quality of works to be complied with by the Contractor.

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Road Maintenance Works and Activities to be carried out by Contractor shall include:
Maintenance of the road specified in the BOQ and executing other items of road maintenance
works as ordered by the Engineer.[Amended as per MoRTH circular RW/G-23012/01/2019-
W&A (Pt III) dated 15.1.2021]
Rectification Standard
The Contractor shall maintain the specific parts of the road aspects as specified in BOQ or as
ordered by Engineer in charge and ensure road users safety and comfort. The maintenance
activities shall be so planned that the defects are repaired well before they reach maximum
condition as per the permissible tolerance.[ Amended as per MoRTH circular RW/G-
23012/01/2019-W&A (Pt III) dated 15.1.2021]
Site is the area defined as such in the Contract Data, where maintenance works are to be
executed.
Specifications means the Specifications of the Maintenance Works including the Road
Maintenance Standards as per the Contract.
Start Date is given in the Contract Data. It is the date when the Contractor shall commence
execution of the Works.
Service Level means the defined condition in which the road assets are to be maintained by the
Contractor.
Sub-Contractor is a person or corporate body who has a Contract with the Contractor to carry
out a work under the Contract, which includes part of the agreed scope of works at the Site.
Temporary Works are works designed, constructed, installed and removed by the Contractor
that are needed for Works and Activities.
Time for Completion means the duration for completing the execution of maintenance works
and passing the tests on completion of the Works or any Section or part thereof as stated in the
Contract Data or as extended by the Engineer by issuing an Extension of Time after the approval
from the Employer.
Variation is an instruction given by the Engineer in writing which varies the scope of Maintenance
Works.
Work Order is an order issued by the Engineer to the Contractor for execution of certain works,
specifying the time limits which may be in variance with the approved programme or in variation
to the scope of work depending upon the site requirement.

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 part 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 part
of the Works (other than references to the Completion Date and Intended Completion Date for
54
the whole of Works).
2.3 The following documents shall be deemed to form and be read and construed as
part of the Contract. In case any ambiguity or discrepancy is noted, then the Contract shall be
interpreted in the following order of priority:
i) Agreement;
ii) Notice to Proceed with the Work;
iii) Letter of Acceptance;
iv) Contractor’s Bid;
v) Contract Data;
vi) General Conditions of Contract;
vii) Road Maintenance Standards and Specifications for Road Maintenance Works,
Part I and Part Il;
viii) Priced Bill of Quantities; and
ix) Any other documents listed in the Contract Data.

3. Language and Law

3.1 The language of the Contract shall be in English and the law governing the Contract
as given in Contract Data.

4. Engineer’s Decisions
4.1 The Employer shall designate and notify to the Contractor in writing the name of the
Engineer.
4.2 Except where otherwise specifically stated, the Engineer will decide contractual
matters between the Employer and the Contractor in the role representing the Employer. The
Engineer shall have no authority to relieve the Contractor of any of his obligations under the
Contract.

5. Delegation
5.1 The Engineer, duly informing the Employer, may delegate any of his duties and
responsibilities to other people, after notifying the Contractor and may cancel any delegation
under intimation to the Contractor.

6. Communications
6.1 Communications between parties that are referred to in the Conditions shall be
effective only when in writing. A notice shall be effective only when it is delivered as per Indian
Law.

7. Subcontracting
7.1 The Contractor may subcontract any portion of work, up to a limit specified in Contract
Data, with the approval of the Engineer but may not assign the Contract without the approval
of the Employer in writing. Subcontracting shall neither alter the Contractor’s obligations, nor
relieve the Contractor from any liability or obligation under the Contract.
55
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 Beyond what has been stated in Clauses 7.1 and 7.2, if the Contractor proposes
sub-contracting of any part of work during execution of the Works, because of some unforeseen
circumstances to enable him to complete the Works as per terms of the Contract, the Employer
will consider the following before according approval:
a) The Contractor shall not sub-contract the whole of Works.
b) The Contractor shall not sub-contract any part of the Work without prior consent
of the Employer. Any such consent shall not relieve the Contractor from any
liability or obligation under the Contract and he shall be fully responsible for the
acts, defaults and neglects of any of his sub-Contractor, his agents or workmen
as if they were the acts, defaults or neglects of the Contractor, his agents and
workmen.
7.4 The Engineer should satisfy himself before recommending to the Employer whether
a) the circumstances warrant such sub-contracting; and
b) the sub-Contractor so proposed for the Work possess the experience,
qualifications and equipment necessary for the job proposed to be entrusted to
him in proportion to the quantum of Works to be sub-contracted.

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

9. Personnel and Equipment

9.1 The Contractor shall employ the technical personnel named in the Contract Data or
other technical persons approved by the Engineer. The Engineer will approve any proposed
replacement of technical personnel only if their relevant qualifications and abilities are substantially
equal to or better than those of the personnel stated in the Contract Data. If the personnel stated
in the Contract Data are not deployed on site by the Contractor within 15 days of issue of notice
to proceed with the work, a penalty of 5000/- per day per person shall be levied for next 30
days, beyond which it shall be treated as a breach of Contract and action will be taken as per
Clause 51.

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9.2 The Contractor shall use the equipment identified in the bid along with competent
operators and adequate stock of spares for smooth operations.
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 under the
Contract.
9.4 The Contractor shall establish, within his own organizational structure, a planning
unit, staffed with suitably qualified personnel. The team will be headed by a Project Manager
who will be assisted by his representatives, i.e. Site Manager and Manager, Planning. The task
of this unit will be:
9.4.1 To plan, and to verify continuously the degree of compliance by the Contractor with
the specified Road Maintenance Standards and report the same to the Engineer in the format
acceptable to the Engineer.
9.4.2 To maintain and update the road condition inventory regularly.
9.4.3 To assist the Engineer in verification of the compliance.
9.5 The Contractor’s planning unit mentioned under Sub-clause 9.4 shall report the
level of compliance with the required Service Levels in the standard formats acceptable to the
Engineer.

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 expected risks which are (a) in so far as they
directly affect the execution of the Maintenance Works and Activities included in the Contract,
the risks of war, hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection
or military or usurped power, civil war, riot, commotion or disorder (unless restricted to the
Contractor’s employees), natural calamities 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 risks of the Contractor.

13. Insurance
13.1 The Contractor at his cost shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the completion of defect liability period, in that
amounts and deductibles stated in the Contract Data for the following events which are due to
the Contractor’s risks:

57
 a) Loss of or damage to the Works and Materials
b) Loss of or damage to Equipment
c) Loss of or damage to property (except the Works Materials and Equipment) in
connection with the Contract
d) Third Party Liability Insurance
e) Automobile Liability Insurance
f) Workers’ Compensation
g) Employer’s Liability
h) Other Insurances
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 If the Contractor does not provide any of the policies and certificates required, the
Employer may affect the insurance which the Contractor should have provided and recover
the premiums the Employer had paid from payments otherwise due to the Contractor or, if no
payment is due, the payment of the premiums shall be a debt due from the Contractor.
13.4 Alterations to the terms of insurance shall not be made without the approval of the
Engineer.
13.5 Both parties shall comply with any conditions of the insurance policies. The Contractor
shall ensure that wherever applicable, its Sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for works executed by them
under the Contract unless such Sub-Contractor(s) is/are covered by the policies taken out by the
Contractor.

14. Site Investigation Reports

14.1 The Contractor, in preparing the Bid, may rely at his own risks and liability on any Site
Investigation Reports referred to in the Contract Data, supplemented by any other information
available to him.

15. Queries about the Contract Data

15.1 The authorized representative of the Employer as stated in the Contract data will
clarify queries on the Contract Data.

16. Contractor to Construct the Works

16.1 The Contractor’s obligations cover the carrying out of all Maintenance Works
and Activities as defined in the Contract for keeping the roads in accordance with the Road
Maintenance Standards.
The Contractor shall construct, install and maintain the Works in accordance with the Specifications
and Drawings.

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17. The Works to be completed by the Intended Completion Date
17.1 The Contractor may commence execution of the Maintenance Works and Activities
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 prepare/propose the Maintenance Manuals as per relevant
applicable Standards and Specifications and existing policies/guidelines/practices and get the
same approved from the Engineer/Employer.
18.2 The Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Engineer, who is to approve them if they comply with Specifications and
drawings.
18.3 The Contractor shall be responsible for design of Temporary Works.
18.4 The Engineer’s approval shall not alter the Contractor’s responsibility for design of
the Temporary Works.
18.5 The Contractor shall obtain approval of third parties to the design of Temporary Works
by Engineer.
18.6 All Drawings prepared by the Contractor for the execution of temporary or permanent
Works, are subject to prior approval by the Engineer before their use.

19. Site Regulations and Safety

19.1 The Contractor shall be responsible for the safety of all activities on the Site, including
arrangements for smooth flow of traffic at his own cost as per guidelines of the IRC/Ministry of
Road Transport & Highways. He shall provide proper barricading, diversion boards, etc. He
shall be fully responsible for the safety of workers and staff at site and provide safety helmets,
reflective jackets and other PPE to the workers, inspecting officers and supervisors.

20. Discoveries
20.1 Anything of historical or other interest or of significant value unexpectedly discovered
on the Site is the property of the Employer. The Contractor shall notify the Engineer of such
discoveries and carry out the Engineer’s instructions for dealing with them.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the Site to the Contractor on or
before the start date of the Contract.

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

59
person/persons/agency authorized by:
a) The Engineer
b) The Employer

23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer pertaining to the
maintenance works which comply with the applicable laws where the Site is located.
23.2 The Contractor shall permit the Engineer/Employer to inspect the Contractor’s
contemporary records in respect of invoice of bitumen, cement, aggregates and steel, if so
desired by the Engineer.

24. Procedure for Dispute Resolution

24.1 Arbitration
The procedure for arbitration will be as follows:
i) In case of Dispute or difference arising between the Employer and the Contractor
relating to any matter arising out of or connected with this contract, such disputes
or differences shall be settled in accordance with the Arbitration and Conciliation
Act, 1996 as amended vide Act of 2015. The Arbitral Tribunal shall consist of sole
Arbitrator from the panel of three Arbitrators proposed by the Employer and choice
of selecting one given to the Contractor. Contractor shall select one out of the three
names of Arbitrators given to him within 30 days failing which the Employer shall
nominate the Arbitrator out of the panel of three Arbitrators. In case the Contractor
objects to the Arbitrator selected by the Employer, the Employer shall refer selection
of Arbitrator to the Indian Roads Congress for nominating the Arbitrator for the dispute
and both parties agree that the Arbitrator so selected by IRC shall decide the dispute.
Indian Roads Congress shall try to appoint Arbitrator preferably from the state where
the project is located or otherwise from adjoining States.
ii) Arbitration proceedings shall be held at [Name of Place], India, and the language of
the arbitration proceedings and that of all documents and communications between
the parties shall be English.
iii) The decision of the Arbitrator shall be final and binding upon both parties. The cost and
expenses of Arbitration proceedings will be paid as determined by the Arbitral Tribunal
However, the expenses incurred by each party in connection with the preparation,
presentation, etc. of its proceedings shall be borne by each party itself. The fees and
expenses of the Arbitrator shall be shared equally by both the parties.
iv) 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 arbitration proceedings.

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 B. TIME CONTROL

25. Programme
25.1 The Contractor shall submit to the Engineer for approval a programme within period
specified in the contract data showing the general methods, arrangements, order, and timing for
all the maintenance works and activities.
25.2 The Engineer may issue the work order in stages specifying the time limit for the
same as and when required except the performance-based maintenance items.
25.3 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of progress achieved on the timing of the remaining
Works, including any changes to the sequence of activities.
25.4 The Contractor shall submit to the Engineer for approval an updated Programme
at intervals. 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.
25.5 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.

26. Extension of the Intended Completion Date

26.1 The Engineer shall extend the Intended Completion Date only after approval of the
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 Works, which would cause the Contractor to incur additional cost.
26.2 The Engineer, within 14 days of receiving full justification from the Contractor for
extension of Intended Completion Date, will refer to the Employer his recommendation. The
Employer shall, in not more than 21 days from the date of receipt of Engineer’s recommendation,
communicate to the Engineer the acceptance or otherwise. The Engineer shall convey the
decision of the Employer to the Contractor.

27. Delays Ordered by the Engineer

27.1 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.

28. Management Meetings

28.1 The Engineer may require the Contractor to attend a management meeting. The
business of a management meeting shall be to review the plans and progress for the Maintenance
Works.

61
28.2 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 during the management meeting or after the
management meeting and to be intimated in writing to all those who attended the meeting.

C. QUALITY CONTROL

29. Identifying Defects

29.1 The Engineer shall check the Contractor’s work and notify the Contractor of any
Defects those are found. Such checking shall not affect the Contractor’s responsibilities. The
Engineer may instruct the Contractor to uncover and test any work that the Engineer considers
may have a Defect.

30. Tests
30.1 The Contractor shall set up a field laboratory within period stated in contract data and
be solely responsible for:
a) Carrying out the mandatory tests prescribed in Technical Specifications and
b) For the correctness of test/procedures, whether preformed in his laboratory or
elsewhere.
30.2 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 testing charges and for any number of samples. Otherwise, the
Employer shall pay for the testing charges.

31. Correction of Defects noticed during the Defects Liability Period

31.1 The works carried out shall be of very high standard, requiring no major repairs on the
road for at least, during defects liability period, after the date of completion of works.
31.2 If any defects including shrinkage, cracks, other faults appear in the works within the
period specified hereunder after issue of “Taking over” certificate, the Engineer shall give notice
to the Contractor of any defects before the end of the Defects Liability Period. The Defects
Liability Period shall be extended for as long as the defects remain to be corrected.
31.3 Every time notice of a defect is given, the Contractor shall correct the notified defect
at his own cost within the length of time specified in the Engineer’s notice.
31.4 The Defects Liability Period is not applicable for works of routine maintenance such as pot
holes/ patch repairs/ ruts repairs/ cleaning and clearing, etc. under performance based BOQ item.
However, for other specific items of works (if any), got executed as ordered by Engineer (if any), the
Defects Liability Period shall be 12 months, counted from the Date of Completion stated in the
Certificate of Completion issued in pursuance of Clause 47 .

31.5 If during the Defects Liability Period any defect is found in the design, engineering,
materials and workmanship of the Works and Services executed by the Contractor, then the
Contractor shall promptly, in consultation and agreement with the Engineer, appropriately remedy
62
such defects at its cost, or repair, replace or otherwise make good (as the Contractor shall, at its
discretion, determine) such defects as well as any damage to the Road caused by such defects.

31.6 The Contractor’s obligations under this Clause 31 shall not apply to:
a) any material that is supplied by the Employer, and normally consumed in maintenance,
or have a normal life shorter than the Defects Liability Period stated herein;
b) any design, Specification or other data, supplied or specified by or on behalf of the
Employer or any matter for which the Contractor has disclaimed responsibility herein;
31.7 The Employer shall offer the Contractor all reasonable opportunity to inspect the
defect(s) Noticed, as well as provide all necessary access to the Facilities and the Site to enable
him to perform his obligations under this Clause 31.
The Contractor may remove from the Site any Plant and Equipment or any part of the Facilities
that are defective, if the nature of the defect, and/or any damage to the Facilities caused by the
defect, is such that repairs cannot be expeditiously carried out at the Site.

32. Uncorrected Defects

32.1 If the Contractor fails to correct a Defect, to the satisfaction of the Engineer, within the
time specified in the Engineer’s notice, the Engineer will assess the cost of having the Defect
corrected. The Contractor will pay to the Employer this amount or the Engineer may deduct
such amount from any sums due to the Contractor, on correction of the Defect together with 20
percent additional costs as the damages.
32.2 In case of any non-compliance/delayed compliance of maintenance standards,
the damages/reduction in payment shall be applicable as provided under road Maintenance
Standards Part – I.

D. COST CONTROL

33. Bill of Quantities

33.1 The Bill of Quantities shall contain the description of items, units, rates and amount.
33.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for
the quantity of the work done at the rates given in the Bill of Quantities with accepted/awarded
tender premium for each item for the work executed.
The accepted/awarded tender premium above/below the grand total of Project cost as per BOQ
shall be applicable for individual item of work to determine payable amount to Contractor subject
to contractual provisions.

34. Changes in the Quantities

34.1 The final quantity of the work done may differ from the quantity given in the Bill of
Quantities. The payment shall be made for the quantities executed. Provided that the items for
which lump sum rates have been quoted shall not be measured and the payments for such items

63
not exceeding the quoted lump sum amount shall be made to the Contractor subject to meeting
the specified maintenance requirements by the Contractor in accordance with the Agreement. It
is agreed, beyond doubt, by the Contractor that no claims shall be entertained by the Engineer/
Employer on account of reduction to any extent, due to budgetary constraints, in quantities of
measurable items.

35. Variations
35.1 The Engineer may order Variations, with the prior approval of the Employer, he
considers necessary or advisable during the progress of the Works. Such Variations shall form
part of the Contract and the Contractor shall execute the varied works. Oral orders of the Engineer
for Variations, unless followed by written confirmation, shall not be taken into account.

36. Payments for Variations

36.1 If rates for Variation items are specified in the Bill of Quantities, the Contractor shall
carry out such work at the same rate.
36.2 If the rates for Variation are not specified in the Bill of Quantities, the Engineer shall
derive the rate from similar items in the Bill of Quantities.
36.3 If the rate for Variation item cannot be determined in the manner specified in
Clause 36.1 or 36.2, the Contractor shall, within 14 days of the issue of order of Variation work,
inform the Engineer the rate which he proposes to claim, supported by analysis of the rates.
The Engineer shall assess the quotation and determine the rate based on prevailing market
rates within one month of the submission of the claim by the Contractor and approval from the
Employer shall be taken. As far as possible, the rate analysis shall be based on the Standard
Data Book and the current Schedule of Rates of the district public works division. The decision
of the Employer on the rate so determined shall be final and binding on the Contractor.

37. Cash Flow Forecasts

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

38. Payment Certificates

38.1 The Contractor shall submit to the Engineer monthly statements of the value of the work
executed less the cumulative amount certified previously, supported with detailed measurement
of the items of work executed .Photographs of maintenance work shall be submitted during the
submission of monthly statements of the value of the work executed.
38.2 The Engineer shall check the Contractor’s monthly statement within 14 days and
certify the amount to be paid to the Contractor after taking into account any credit or debit for the
month in question.
38.3 The value of work executed shall be determined, based on measurements by the
Engineer.
38.4 The value of work executed shall comprise the value of the quantities of the items in
the Bill of Quantities completed.
64
38.5 The value of work executed shall also include the valuation of Variations and
Compensation Events.
38.6 The Engineer/Employer may exclude any item certified in a previous certificate
or reduce the proportion of any item previously certified in any certificate in the light of latest
information.
38.7 The final bill shall be submitted by the Contractor within one month of the actual date
of completion of the work; otherwise the Engineer’s certificate of the measurement and of the
total amount payable for work accordingly shall be final and payment made accordingly within a
period of sixty days as far as possible.

39. Payments
39.1 Payments shall be adjusted for deductions for advance payments, security deposit,
other recoveries in terms of the Contract and taxes at source, as applicable under the law. The
Employer shall pay the Contractor the amounts the Engineer had certified, within 28 days of the
date of each certificate.
39.2 The authorized representative of the Employer shall make the payment certified by
the Engineer.
39.3 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 to be covered by other rates and prices
in the Contract.

40. Compensation Events

40.1 The following shall be Compensation Events unless they are caused by the Contractor:
a) The Engineer orders a delay or delays exceeding a total of 30 days;
b) The effects on the Contractor of any of the Employer’s Risks.
40.2 If a Compensation Event would prevent the Works being completed before the
Intended Completion Date, the Intended Completion Date shall be extended. The Engineer
shall decide whether and by how much the Intended Completion Date shall be extended after
approval of the Employer.
40.3 The Contractor shall not be entitled to compensation to the extent that the Employer’s
interests are adversely affected by the Contractor not having given early warning or not having
cooperated with the Engineer/Employer.

41. Taxes and Currencies for Payments

41.1 The rates quoted by the Contractor shall be deemed to be inclusive of the GST and
other levies, duties, royalties, cess, toll, and other taxes of Central and State Governments, local
bodies and authorities that the Contractor will have to pay for the performance of this Contract.
The Employer will perform such duties in regard to the deduction of such taxes at source as per
applicable law. The GST shall be reimbursed (if applicable) subject to production of proof of such
payment by the contractor (proof should contain name of work).

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41.2 All payments shall be made in Indian Rupees.

42. Security Deposit/Retention Money

42.1 The Employer shall retain security deposit of five percent of the amount from each
payment due to the Contractor until Completion of the whole of the Works.
42.2 The security deposit/retention money and the performance security will be released
to the Contractor when the Defects Liability Period is over, and the Engineer has certified that
the Defects, if any, notified by the Engineer to the Contractor before the end of this period have
been corrected.
42.3 If the Contractor so desires, then the Security Deposit/retention money can be
released on submission of unconditional Bank Guarantee at the following two stages:-
a) At a point after the progress of work in financial term (gross value of work done) has
reached 50% of the contract amount
b) After the retention money has been deducted to the full value (5% of the contract
amount).

43. Liquidated Damages

43.1 The Contractor shall pay liquidated damages to the Employer at the rate or part thereof
stated in the Contract Data for each day that the Completion Date is later than the Intended
Completion Date. The total amount of liquidated damages shall not exceed the amount defined
in the Contract Data. The Employer may deduct liquidated damages from payments due to the
Contractor. Payment of liquidated damages shall not affect the Contractor’s other liabilities.
Both the parties expressly agree that the liquidated damages payable by the Contractor are
mutually agreed genuine pre-estimated loss and without any poof of actual damages 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.
43.2 If the Intended Completion Date is extended after liquidated damages have been
paid, the Engineer shall correct any overpayment of liquidated damages by the Contractor by
adjusting in the next payment certificate. The contractor shall not be paid interest on the over
payment of liquidated damages.

44. Advance Payment

44.1 The Employer will make an interest bearing advance payment to the Contractor
against provision by the Contractor of an Unconditional Bank Guarantee in a form and by a bank
acceptable to the Employer in amounts equal to the advance payment up to 10% of Contract
Price. The guarantee shall remain effective until the advance payment has been repaid, but the
amount of the guarantee shall be progressively reduced by the amounts repaid by the Contractor.
The Contractor shall take the above advance before 2nd running bill and if the contractor delays
seeking the advance, the same is not payable.
44.2 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

66
demonstrate that the advance payment has been used in this way by supplying copies of invoices
or other documents to the Engineer.
44.3 The advance payment shall be repaid with interest @ SBI PLR applicable on the date
of release of mobilisation advance, by deducting from payments otherwise due to the Contractor.
The mobilisation advance will be recovered from third running bill upto 8th running bill in six equal
instalments and the interest will be recovered from 9th bill. In any case, the mobilisation advance
with interest must be recovered within ten months from the date of agreement. No account
shall be taken of the advance payment or its repayment in assessing valuations of work done,
Variations, Compensation Events, or Liquidated Damages.

45. Performance Security

45.1 Subject to further condition in Contract Data, the Performance Security equal to
three percent of the Contract Price shall be provided to the Employer no later than the date
specified in the Letter of Acceptance and shall be issued in the form given in the Contract Data
and by a prescribed bank. The Performance Security shall be valid until a date 60 days after the
expiry of Defects Liability Period. The validity shall account for additional 3 months time to
account for BG verification, signing of contract and start date

46. Cost of Repairs

46.1 Loss or damage to the Works or Materials to be incorporated in the Works between
the Start Date and the end of the Defects Liability Period shall be remedied/rectified by the
Contractor at his cost if the loss or damage arises from the Contractor’s acts or omissions.

E. FINISHING THE CONTRACT

47. Completion
47.1 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 Works are completed.

48. Taking Over

48.1 The Employer shall take over the Site and the Works within seven days of the
Engineer’s issuing a certificate of Completion.

49. Final Account

49.1 The Contractor shall supply to the Engineer with 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 Defects Liability Certificate and certify any final payment that
is due to the Contractor within 28 days of receiving the Contractor’s account if it is correct and
complete. If it is not, the Engineer shall issue within 28 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 28 days of receiving the Contractor’s revised account

67
50. Operation and Maintenance Manual
50.1 If “as built” Drawings and/or operation and maintenance manuals are required relating
to construction work carried out, the Contractor shall supply them within 28 days from the date of
issue of certificate of completion.
50.2 If the Contractor does not supply the Drawings and/or manuals by the stipulated date
or they do not receive the Engineer approval, the Engineer shall withhold the amount equal to
Rs. 5 lakh from payments due to the Contractor.

51. Termination
51.1 The Employer or the Contractor may terminate the Contract if the other party causes
a fundamental breach of the Contract.
51.2 Fundamental breaches of Contract include, but shall not be limited to, the following:
A) Fundamental Breaches by the Contractor
a) the Contractor stops work or grossly neglects Routine Maintenance Works
and Services for 28 days when no stoppage of work is shown on the current
programme and the stoppage has not been authorized by the Engineer;
b) the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation;
c) the Engineer/Employer gives Notice that failure to correct a particular Defect is
a fundamental breach of Contract and the Contractor fails to remedy the defect
and correct it within the period of time determined by the Engineer;
d) the Contractor does not maintain a Security Deposit as per clause;
e) the Contractor has delayed the completion of Works by the number of days for
which the maximum amount of liquidated damages can be paid, as defined in
Clause 43;
f) the aggregate liability of the Contractor to the Employer, exceeds the total
amount specified in the Contract Data, provided that this limitation shall not
apply to the cost of repairing or replacing defective works and equipment;
g) the Contractor fails to provide insurance cover as required under Clause 13;
h) if the Contractor, in the judgement of the Employer, has engaged in the corrupt
or fraudulent practices as defined in Clause 34 of the Instructions to Bidders in
competing for or in executing the Contract;
i) if the Contractor fails to set up a field laboratory with the prescribed equipment,
within the period specified in the Contract Data;
j) if the Contractor does not deploy any of the personnel stated in Contract Data
within 45 days of issue of notice to proceed;
k) The Contractor violates the provisions of Child Labour (Prohibition & Regulation)
Act, 1986;
l) Any other fundamental breaches as specified in the contract data.

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51.3 Without prejudice to any other right or remedies which the Employer may have under
this contract upon occurrence of a Contractor’s fundamental breach of contract, the Employer
shall be entitled to terminate this contract by issuing a Termination Notice to the Contractor
provided that before issuing the Termination Notice, the Employer shall by a Notice inform the
Contractor of its intention to issue such Termination Notice and grant 15 days to the Contractor
to make a representation and may after the expiry of such 15 days, whether or not it is in receipt
of such representation issue the Termination Notice.
51.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
51.5 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.

52. Payment upon Termination

52.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer shall issue a certificate for the value of work done and Materials
ordered less advance payments received up to the date of 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 a debt payable to the Employer and Employer may recover the same from Performance
Bank Guarantee.
52.2 If the Contract is terminated at the Employer’s convenience, the Engineer shall issue
a certificate for the value of work done, and a pre-determined amount specified in the contract
data to cover the reasonable cost of removal of Equipment and 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.

53. Property
53.1 All Materials on Site, Plant, Equipment, Temporary Works and Works shall be
deemed to be the property of the Employer for use for completing balance work if the Contract
is terminated because of the Contractor’s default.

54. Release from Performance

54.1 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.

69
 F. OTHER CONDITIONS OF CONTRACT

55. Labour
55.1 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; and for compliance of various labour laws/regulations.
55.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in
detail, in such form and at such intervals as the Engineer may prescribe, showing the staff and
the numbers of the several classes of labour from time to time employed by the Contractor on
Site and such other information as the Engineer may require.
55.3 The Contractor’s personnel including equipment operators shall be appropriately
qualified, skilled and experienced in their respective trades or occupations. The Engineer may
require the Contractor to remove or cause to be removed any person employed on the site or
the works, including the Contractor’s representative, if applicable, who
a) Persists in any misconduct or lack of care;
b) Carries out duties incompetently or negligently;
c) Falls to conform with any provision of the contract;
d) Persists in any conduct which is prejudicial to safety, health or protection of the
environment.
If appropriate, the contractor shall then appoint or cause to be appointed a suitable replacement
person

56. Compliance with Labour Regulations

56.1 During continuance of the Contract, the Contractor and his sub-Contractors shall
abide at all times by all existing labour enactments and rules made thereunder, 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 in Addendum to General Conditions of Contract.) The Contractor shall keep
the Employer indemnified in case any action is taken against the Employer by the competent
authority on account of contravention of any of the provisions of any Act or rules made thereunder,
regulations or notifications including amendments. If the Employer is caused to pay or reimburse,
such amounts as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications/bye taws/Acts/Rules/regulations including amendments, if any, on
the part of the Contractor, the Employer shall have the right to deduct any money due to the
Contractor including his amount of performance security. The Employer 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.
In no case shall the employees of the Contractor and the Sub-Contractor be treated as the
employees of the Employer at any point of time.

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57. Drawings and Photographs of the Works
57.1 The Contractor shall do photography/video photography of the site firstly before the
start of work, secondly mid-way in the execution of different stages of work and lastly after the
completion of each item of work. No separate payment will be made to the contractor for this.
57.2 The Contractor shall not disclose details of Drawings furnished to him and works
on which he is engaged without the prior approval of the Engineer in writing. No photograph of
the works or any part thereof or plant employed thereon, except those permitted under Clause
57.1, shall be taken or permitted by the Contractor to be taken by any of his employees or
any employees of his sub-Contractors without the prior approval of the Engineer in writing. No
photographs/video photography shall be published or otherwise circulated without the approval
of the Engineer in writing.

58. The Apprentices Act, 1961

58.1 The Contractor shall duly comply with the provisions of the Apprentices Act, 1961 (Ill
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.

71
 CONTRACT DATA

Items marked “N/A” do not apply in this Contract.

1.1
1. The Employer is [Cl.1.1 of ITB]
Chief Engineer (NH), PWD, Rajasthan
Jaipur
Name of authorized
Representative:[SUPERINTENDING
ENGINEER PWD NH CIRCLE BIKANER ]

2. The Engineer is [Clause 1.1 of GCC]

Designation: Executive Engineer
Address: PWD NH DIVISON NAGAUR-341001(Rajasthan)
[Cl.1.1]
3. The Intended Completion Date for the whole of the Works is 12 months.
from Start Date] [Cl.1.1, 17&26 of GCC]
4. The Site is located at [Nagaur –Jodhpur Section from km 180.500 to km 267.50
(length 87 km) of NH 62 in the state of Rajasthan ] [Sr no 1 of NIT]
5. The Start Date shall be within 15 days after the date of issue
of the Notice to proceed [Cl.1.1 of GCC]
(a) The name and identification number of the Contract is Short
term maintenance
contract (STMC) work and IMS service for km 180.500 (End
of Nagaur bypass) to km 267.5(Netra village) of Nh-62
Nagaur-Jhodhpur section in the State of Rajasthan on STMC
Mode
6. The Works consist of executing the item as mentioned in the BOQ .[Cl. 1.1 of ITB]

7. (a) The law which applies to the Contract is the law of Union of India. [CI.3.1 of GCC]
(b)The language of the Contract documents is English [Cl.3.1 of GCC]
8. The limit of subcontracting is NIL of initial contract price [CI.7.1 of GCC]
9. Schedule of other Contractor- NIL [Cl.8.1 of GCC]
10. The Technical Personnel are [Cl. 9.1 of GCC]

72
S. No. Personnel Qualification Particular Experience No. of
(minimum requirement) Persons
1. Project Manager Degree in Civil 5 years as Project 1
Engineering Manager on Highway,
Bridge construction/
Maintenance works
2. Site Engineer-cum- Degree in Civil 4 years on Highway 1
Surveyor Engineer- Engineering Construction/
cum- Material Engineer Maintenance works
3. Incident cum Road Graduate from 3 years on Highway 1
Property Manager a recognized Property Management
-cum-Route Operation University and Maintenance
Manager

4 Road Safety Auditor Road Safety 5 years experience 3 days in

Auditor Certificate every 3
from appropriate months
approved govt.
agency

11. Amount for insurance are: [Cl.13.1 of GCC]

a) Rupees equivalent to Contract Price.
b) Rupees equivalent to 5% of Contract Price.
c) Rupees equivalent to 5% of Contract Price
d) Rupees 20 lakhs for multiple incidents.
The said insurance shall include all liabilities as per Clause 13.1 and shall be
deductible as per premium rate.
12. Site Investigation Report - NIL [Cl 14.1 of GCC]
13. The period for submission of the programme for approval of Engineer shall be 30
days from the issue of Letter of Commencement. [{Cl.25.1 of GCC]
14. Amount to be withheld for delays in submission of updated programme: 1% of value
of work corresponding to the updated programme. [Cl. 25.4 of GCC].
15. The period for setting up a field laboratory with the prescribed equipment
relevant to items of work in BOQ is 30 days from the date of notice to start work
[Cl. 30.1 of GCC]`
16. The Defect Liability Period will be 12 months for periodic renewal and other improvement
works executed (if any) [Cl. 31 of GCC]
17.
a. Amount of liquidated damages for 0.1 percent of the remaining value of
delay in completion of works contract to be executed, rounded off to
the nearest thousand, per day with the
minimum of Rs. 10000/- per day

73
 b. Maximum limit of liquidated damages 10 per cent of the Initial Contract Price
for delay in completion of work. rounded off to the nearest thousand
[Clause.43 of GCC]
18. The standard form of Performance Security acceptable to the Employer shall be an
unconditional Bank Guarantee of the type as specified in the Bidding Documents.
[Cl. 45.1 of GCC]
19. The percentage to apply to the value of work not completed representing the Employer’s
additional cost for completing the work shall be 20 percent. The Performance Security
shall also be forfeited if the Contract is terminated because of a fundamental breach
of Contract by the Contractor. [Cl.52.1 of GCC]
20. The reasonable cost of removal of equipment and repatriation of the Contractor’s
personnel employed solely on the works in the event of termination of the contract at
the Employer’s convenience or because of a fundamental breach of contract by the
Employer is to be treated as [----Nil-------] lac. [Cl. 52.2 of GCC]

21. No price adjustment shall be payable.

74
 SECTION 6

ADDENDUM TO GENERAL CONDITIONS OF CONTRACT

 SECTION 6
ADDENDUM TO GENERAL CONDITIONS OF CONTRACT

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORKS.
a) Workmen Compensation Act, 1923: The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.
b) Payment of Gratuity Act; 1972: Gratuity is payable to an employee under the Act
on satisfaction of certain conditions if an employee has completed the prescribed
minimum years (five years) of service or more or on death the rate of prescribed
minimum days’ (15 days) wages for every completed year of service. The Act is
applicable to all establishments employing the prescribed minimum number (10) or
more employees.
c) Employee’s P.F. and Miscellaneous Provision Act 1952: The Act provides for
monthly contributions by the Employer plus workers at the prescribed rate (10 percent
or 8.33 percent). The benefits payable under the Act are:
i) Pension or family pension on retirement or death as the case may be.
ii) Deposit linked insurance on the death in harness of the worker.
iii) Payment of P.F. accumulation on retirement/death etc.
d) Maternity Benefit Act, 1961: 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 license from the designated Officer. The Act is
applicable to the establishments or Contractor of Principal Employer if they employ
minimum prescribed (20 or more) numbers of contract labour.
f) Minimum Wages Act, 1948: The Employer is 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
employment.
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
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) Payment of Bonus Act, 1965: The Act is applicable to all establishments employing
minimum prescribed (say, 20 or more) number of workmen. The Act provides for
payments of annual bonus within the prescribed range of percentage of wages
to employees drawing up to the prescribed amount of wages, calculated in the

78
 prescribed manner. The Act does not apply to certain establishments. The newly set-
up establishments are exempted for five years in certain circumstances. States may
have different number of employment size.
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 minimum prescribed number of persons (say, 100, or 50).
The Act provides for laying down rules governing the conditions of employment by
the Employer on matters provided in the Act and get these certified by the designated
Authority.
l) Trade Unions Act, 1926: The Act lays down the procedure for registration of trade
unions of workmen and employees. 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 regulations 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
minimum prescribed number of labour (say, five or more) inter-state migrant workmen
through an intermediary (who has recruited workmen in one state for employment
in an 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, Travelling expenses from home up to
the establishment and back etc.
o) The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 and the Cess Act of 1996: All the establishments
who carry on any building or other construction work and employ the minimum
prescribed (say, 10 or more) number of workers are covered under this Act. All such
establishments are required to pay cess at the rate not exceeding 2 percent of the cost
of construction as may be notified by the Government. As per current notification, one
percent of the cost of construction is payable by the Employer of the establishment.
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 to 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 the
minimum prescribed number of persons (say, 10 persons or more) with aid of power
or another minimum prescribed number of persons (say, 20 or more persons) without
the aid of power engaged in manufacturing process.

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 SECTION -7

ROAD MAINTENANCE STANDARDS AND SPECIFICATIONS FOR

ROAD MAINTENANCE WORKS, PART-I AND PART-II

78
 SECTION-7
ROAD MAINTENANCE STANDARDS AND SPECIFICATIONS FOR
ROAD MAINTENANCE WORKS, PART-I AND PART-II

PREAMBLE

The Road Maintenance Standards and Specifications shall be read in conjunction with all
other documents constituting the Contract viz. Notice Inviting Tender, Instructions to Bidders;
Conditions of Contract, Bill of Quantities and other related documents mentioned in the Bid
Documents.

General
The Standards and Specifications for the Road Maintenance Works and Activities as described
hereinafter shall comprise of the following:
PART-I : Road Maintenance Standards
PART-II : Specifications for Road Maintenance Works
Carbon foot prints shall be evaluated during the execution of project. If approved by the Employer,
the environment friendly machinery like Infrared Recycling Road Maintenance as approved by
CRRI/IRC/MoRTH shall be got deployed.

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 PART-I

ROAD MAINTENANCE STANDARDS

1 Inspections
1.1 The Contractor shall carry out weekly Inspection of project road and submit report to
the Engineer on the maintenance works carried out during the week and also identify other items
of works with location requiring attention for maintenance.
1.2 Any maintenance which involves works of emergent nature and/or replacement shall
be immediately reported to the Engineer for joint assessment and issue of the work order. Such
repairs shall be carried out on authorization by the Engineer except in emergency situations
where it needs to be attended to urgently for safety reasons. In such situations, temporary
arrangements shall be made immediately and further directions sought from the Engineer.
1.3 The Engineer will monitor road condition and shall carry out at least fortnightly
Inspection of the project road to verify that the Contractor is maintaining maintenance standards
as per Contract and to make note of non-compliances of Performance based items of BOQ, other
items of work and work orders issued for other works. Non-compliance/delayed compliance of
maintenance work shall be dealt with as per provisions of GCC Clause 32.1 and maintenance
standards hereinbelow.

2 Maintenance Standards for performance based items

2.1 The following maintenance standards shall be achieved by the Contractor to be
eligible for full payment:

Item Permissible Measurement and Maximum Rectification

Tolerance/Service Detection Response Standard
Level Time
(repair of Not more than 5 Visual inspection. Within two days As per
pot isolated potholes/ Area of pot hole Clause 3004
holes/edge edge cuts in a stretch shall be measured of MoRTH
cuts/ruts/ of 1 km. Maximum by the area of Specifications
patches) size of pot hole/edge rectangle enclosing
cut not more than 300 the pothole.
sq cm x 4 cm depth.
Max rutting – 2.5% Rutting to be
in the sub-section. measured in
Rutting not to exceed isolated locations.
20 mm.
Patches not more
than 5% of the
surface area in a
stretch of 1 km.

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2.2 [AS PER MoRTH circular no. RW,/G-23012/01/2019-W&A(Pt III)dated 15.1.2021)

3 Maintenance Standards for Other BOQ Items

The broad scope of maintenance work is as under:-

(i) Providing , laying cement concrete pavement and misc. works

(ii) Road marking with thermoplastic compound and road furniture.
(iii) Maintenace and repair of unpaved shoulder.
(iv) Providing and laying bituminous overlay and patch repair work.

3.1 Maintenance standards for cleaning, clearing and repairing roadside open/
unlined/lined/covered drains and cross drainage works
i) The work shall consist of cleaning, clearing, deepening and reshaping of roadside
drains and making shallow lateral drains on shoulders to drain out the rain water/
surface water effectively from bituminous surface as well as from roadside berms.
ii) Disposal of sediments, extraneous debris or vegetation growth, blocking flow.
iii) Safety devices and signs shall be placed as per MoRTH Specifications for Road and
Bridge Works (5th Revision) Clause No. 112.
iv) The excavated material shall be disposed off as directed by Engineer-in-charge with
all leads and lifts.
v) The drain slopes and sides shall be dressed up to original flow line and cross section.

3.2 Maintenance standards for “carrying out cleaning, removing of dust/silt/thrash

from carriageway.
i) However, width of carriageway to be kept clean as per BOQ provision is up to ROW,
it includes;
a) Total width of carriageway (LHS + RHS) including median width.
b) Width of service roads (LHS + RHS) wherever service roads are in existence.
c) Width of all structures such as flyovers, major bridges, minor bridges, culverts,
subways, etc.
ii) For cleaning of carriageway, the Contractor shall deploy mechanical broomer with
tractor. Contractor shall maintain log book of this mechanical broomer and submit the
Xerox of this along with statement of work done.

3.3 Maintenance standards for “Removal of rank vegetation/weeds from shoulders

and embankment slopes.
i) The contractor shall keep the shoulders, embankment slopes upto right of way (RoW)
on both sides complete in all respects.
ii) The work shall include breaking of clods, rough dressing and disposal of waste and
vegetation outside RoW as per directions of the Engineer.
iii) The contractor shall maintain separate signed muster rolls of deployed labours &
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 supervisors and log books of tractors. The muster rolls and log books shall be made
available for inspection. Xerox copy of log books and muster rolls shall be submitted
along with statement of work done by the contractor.
iv) If a contractor fails to keep the specified area without weeds, unwanted vegetation,
debris (as per provision of BOQ), a penalty of Rs. 500/km/incidence shall be imposed.
The Engineer’s decision in this context is binding on the Contractor.

3.4 Maintenance standards for routine maintenance of road signs and delineators
i) The work shall consist of washing of signs, delineators, removal of posters etc. and
repair to supporting structures with repainting.
ii) The road signs and delineators should be thoroughly washed using a detergent
solution followed by a lean rinse and whole face of the sign shall be dried.
iii) Defects in supporting structures like bullet holes, surface marks or bent posts shall be
repaired with appropriate tools.
iv) Damaged area shall be cleaned and loose/flaking paint shall be removed. Bullet holes
shall be filled with filler and supporting structures shall be painted with first quality
enamel paint in two or more coats.

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 PART-II

SPECIFICATIONS FOR ROAD MAINTENANCE WORKS

1. General
1.1 All materials, works and construction operations shall conform to the requirements
laid down in the “Specifications for Road and Bridge Works” (5th Revision), Ministry of Road
Transport and Highways, Published by Indian Roads Congress (IRC), New Delhi; IRC:82 “Code
of Practice for Maintenance of Bituminous Surfaces on Highways” and IRC:SP:83 Guidelines for
Maintenance, Repairs and Rehabilitation of Cement Concrete Pavements” wherever applicable.
Where the Specification for a work is not given, sound engineering practice shall be adopted to
the satisfaction of the Engineer.
“Specifications for Road and Bridge Works, Ministry of Road Transport and Highways” (5th
Revision) is hereinafter referred to as MoRTH Specifications.

2 Arrangement for Traffic during Construction

2.1 The Contractor shall take all necessary measures and make arrangements for
the safety during construction in accordance with the requirements of Clause 112 of MoRTH
Specifications. He shall provide, erect and maintain all such barricades, signs, markings, flags,
lights as required or directed by the Engineer for safety of traffic passing through the section
under repairs/improvement.
2.2 All maintenance works on the road shall be carried out in a manner which would cause
least interference to the traffic. In stretches where resurfacing or riding quality improvement works
are to be taken up, the Contractor during execution of work shall provide and maintain proper
passage for traffic. Where it is not possible or safe to allow traffic on part width of the carriageway,
a temporary diversion of proper Specifications shall be constructed by the Contractor at his cost.
The Contractor shall take prior approval of the Engineer regarding traffic arrangements during
construction.
2.3 All arrangements for traffic during construction shall be considered as incidental to
the work and shall be Contractor’s responsibility. The Engineer shall determine the penalty to be
imposed on the Contractor for deficiency in compliance to the requirement.

3 Quality Control
3.1 Quality control on materials and workmanship is the primary responsibility of the
Contractor. Quality control shall be exercised in accordance with the Quality Plan approved by
the Engineer. The Engineer may, during and after construction test the quality of materials and
work in order to verify conformance with the prescribed Specifications.
3.2 An attempt shall be made to attend to defects like potholes, undulations, rutting,
bleeding, linear and alligator cracks and eroded edges etc. at an initial stage itself. Thermal
bonded patches of regular rectangular shapes without bump or sump shall preferably be adopted.

85
4 Specifications for Routine Maintenance
Before any work is started, signs, barriers, etc. shall be placed and necessary arrangements
made for ensuring safety of traffic and workers in the work zone, as described in Clause 2 of
this Section
Preparation of the surface prior to application of any treatment, shall be carried out in accordance
with the relevant Clauses of MoRTH Specifications.
After completion of the work, the site shall be left cleaned and tidy. No stockpiles of material shall
be left on the road.

5 Repair and Maintenance works related to Rigid Pavements

All repair and maintenance works related to Rigid Pavements shall be carried out following
IRC:SP:83 (Guidelines for Maintenance, Repairs & Rehabilitation of Cement Concrete
Pavements).

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 SECTION 8

DRAWINGS AND SCHEDULE OF DRAWINGS

AND MAINTENANCE PROGRAMME

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 SECTION–8

Drawing and Schedule of Drawings:

All the drawings as and when required by the authority is to be furnished by the
contractor and get it duly approved before execution of the work.

Maintenance Programme

Planning The maintenance programme planning shall be in two stages

a. First Stage: Within 30 days of issuance of Letter of Commencement by the Employer.

Contractor & Engineer shall identify the activities of Maintenance, which shall have to be taken
up immediately who check the further deterioration of paved and unpaved surface of carriageway
separately. To identify these activities formal field inspection shall be carried out by technical staff
of Contractor & Engineer. A management meeting shall then be called within 7 (seven) days of
inspection to scrutinize the identified works and then these works shall be quantified. Engineer
shall then issue indent to contractor for execution of these works at different locations,amount of
works calculated on the basis of the unit rates quoted by contractor and date of completion. This
part of work shall certainly be commenced not later than stipulated date of commencement.

b. Finalization of maintenance programme: This activity shall begin with the stipulated date of
commencement. The various steps proposed to be taken under this are as under:
i. To carry out present state inspection of entire stretch of High way by Contractor &
Engineer.
ii. To identify defects as per various available engineering characteristics of road. The
extent of defects shall be recorded in forms finalized in consultation with authority for paved road,
unpaved road and structure/furniture. All Defects with its extent shall be assessed in terms of
length & area of the subsection, mentioning chainage (locations) in order to have exact estimate
of work.
iii. A comprehensive documentation shall be prepared by Contractor in consultation with
engineer mentioning their assessment of various types of defects in each km of road.
Iv Management meetings shall be called within 15days of inspection to finalize and then to
quantity the defects, This shall be followed by identification of particular maintenance work
proposed to be carried out at site to make good the defects noted above, out of various
alternatives available in BOQ.
92
Work Scheduling
The maintenance and rehabilitation work of road is of unpredictable nature so quantities shown
against each item or work are only representative. It is expected that they would be consumed
during the entire base period of works but employer would not be responsible to pay any
compensation etc. in case there is variation to any extent in quantity of actual execution of
particular item of work with respect to representative quantity shown in BOQ for that particular
work.
Work Control & Quality Assurance
The Engineer shall adopt random sampling procedures to ensure quality control. Engineer shall
carry out in-process inspections and end product inspections to collect sample and shall carry out
testing in order to determine the degree of adherence to the maintenance standards of delivered
or constructed material. Any testing / checking of works by Engineer shall not absolve the
contractor from his responsibility to execute works strictly in accordance of MoRTH / IRC /IS
specifications or laid down standards in bid document. A quality control laboratory equipped with
all instruments required to perform tests as indicated in MoRTH/ IRC/ IS specifications at
frequency mentioned therein shall have to be provided by the contractor. Contractor shall ensure
that testing of all material delivered or constructed is regularly carried out by his filed staff as per
standard norms and results of these tests are recorded in specified manner and made available
to Engineer whenever required by him. The contractor shall provide the QC laboratory, as
incidental to work and no separate payment shall be made for this item. The QC lab shall also be
made available to Engineer for conducting tests of his own. In-process inspections shall be
carried out by the Engineer to witness and/or to verify the quality/quantity of work, when activity is
in process with aim to judge justification of payment. Engineer shall carry out end product
inspections after completion of the activity to provide satisfactory evidence about acceptability of
the contractors work. The results of in process inspections, end product inspections and quality
control tests shall form basis of acceptance of completed works and issuance of Non
Conformance Report (NCR).Items of Works or unit of material or the end product do not meet the
specifications/ standards shall be identified by “Non-Conformance-Report” and can become basis
of rejection of work on establishing the authorized disposition. Non Conformance Report:
Defective or uncompleted work shall not be paid. Such work shall also be notified to the
Contractor within 10 days of submission of bill through non- conformance report (NCR). The NCR
shall clearly identify the item of work that is non–conforming either to specification or to a specific
requirement in the contract document. Once NCR is identified, it shall be evaluated and of the
dispositions would be established. a. “Do” Identifies the work which has not been done at all at
site within specified time limit. An NCR issued with “Do” disposition for the work should
immediately be undertaken by contractor. b. “Re-Do” Identified the work that is non-conforming of
all quality aspects. Such works be totally removed & redone. c. “Re-work” Requires part of
particular item identified in this category be reworked to bring it to the quality required. d. “Use-as-
is” Applied where Engineer accepts work “as-is” notwithstanding the fact that it does not exactly
conform to the contract requirements. This work shall be accepted only for agreed reduced rates
with respect to unit rates quoted in financial bid by the contractor otherwise shall be re-classified
under disposition “Do” or “Re-Do”.

Payment Procedures
The contractor shall submit to the Engineer after the end of each month bill in two copies, each
signed by authorized contractor’s representative in standard format, showing the amounts to
which the contractor considered himself to be entitled upto the end of the month. These bills
should be prepared each indent wise. • The Engineer after scrutiny of the bills shall certify and
recommend the payments for completed accepted works within 14 days of presentation of bill to
him to the employer subject to deductions as per bid documents. • The employer shall pay the
amount due to the Contractor under certificate and recommendations by the Engineer with in 28
days after it has been delivered to the Employer.

Photographs of maintenance work shall be submitted during the submission of monthly

statements of the value of the work executed.

Records & Documentation

The results of all inspections shall be documented. The test results containing documentary
evidence of activities and data relevant to the quality of work and performance of the contractor
shall also be documented. The field daily to be filled by Site Engineer of Contractor shall be a
basic form of documentation. The activities to be entered in daily dairy are :-
• The description of day’s activities, number and type of crew on job, equipment on job weather
and temperature
• Any measurement made to determine pay quantities
• Daily summary of material issued in the job
• A record of significant conversations with and direction given to the contractor
• A record of bottle necks with the progress or execution of the work
• A record of material testing in lab
94
• Details of visit by officials
 SECTION-9

FINANCIAL BID FORM AND BILL OF QUANTITIES

 SECTION-9
FINANCIAL BID FORM AND BILL OF QUANTITIES

FINANCIAL BID FORM

To
(Authorized Representative of Employer)
DESCRIPTION OF WORKS: BID FOR (Name of work)
Reference letter No. …………………
Dear Sir,
Having examined the site of works and Bid Documents, comprising Instructions to Bidders,
Scope of Works, Conditions of Contract, Technical Specifications, Bill of Quantities and
schedules for the execution of the above named works, we, the undersigned offer to
execute and complete such works and remedy any defects therein in conformity with the
said bid documents at tender premium as quoted in the Financial Bid.
2. We undertake, if our Bid is accepted, to commence the work within fifteen (15) days of
receipt of the order to commence, and to complete and deliver the sections and whole of
the works comprised in the contract within the period stated in the bid hereto.
3. If our Bid is accepted, we will furnish Performance Security (ies) in the form of a Bank
Guarantee to be jointly and severally bound on us, in accordance with the Conditions of
Contract.
4. We agree to abide by this Bid for a period of Ninety (90) days from the last date fixed for
Bid Submission and it shall remain binding upon us and may be accepted at any time
before the expiry of that period.
5. We confirm our agreement to treat the Bid document and other records connected with
the works as secret and confidential documents and shall not communicate information
contained therein to any person other than the person authorized by the Employer or use
such information in any manner prejudicial to the safety and integrity of the works.
6. Unless and until an agreement is prepared and executed, this Bid, together with your
written acceptance thereof, shall constitute a binding contract between us, but without
prejudice to your right to withdraw such acceptance without assigning any reasons thereof.
7. We understand that you are not bound to accept the lowest or any bid you may receive.

Dated this day of 20-----

Signature in the capacity of duly authorized**
To Sign Bid for and on behalf of

(in block capital letters)

Address:
Signature of Witness
Name of witness
Address of witness

95
 DESCRIPTION OF WORKS:
FINANCIAL BID

S. No. Description Amount

1 Grand Total of BOQ Rs to be entered in BOQ in Excel

format (enclosed separately)
I/We agree to execute the above works on thetender premium % above/below
the Grand
Total of the project cost as given above.

96
 BILL OF QUANTITIES

1. Preamble
i) The Bill of Quantities (BOQ) shall be read in conjunction with the Instructions to
Bidders, Conditions of Contract, Road Maintenance Standards and Specifications for
Road Maintenance Works.
ii) The quantities given in the Bill of Quantities are estimated quantities. The basis of
payment will be actual quantities of items of work carried out and valued at the rates
tendered in the BOQ alongwith accepted/awarded tender premium. The accepted/
awarded tender premium above/below the grand total of the project cost shall be
applicable for individual items of work to determine payable amount to Contractor for
work done subject to other contractual provisions. Any variation shall be dealt with as
per contract provisions.
iii) The rates and prices tendered in the BOQ shall include all equipment, tools, spares,
labour, supervision, overheads, consumables, materials, erection, maintenance,
testing of input material delivered, profit, taxes and duties together with general risks,
liabilities and obligations set out and implied in the contract and other incidentals to
comply with the requirements of Standards and Specifications.
iv) Payment for treatment and repair of pot holes/ruts as given in Table below:
Brief Description Weightage for Remarks
performance rating
Providing treatment and To be assessed km Performance measurement
repair to pot holes/ruts wise during bi-monthly to be assessed based on
inspection as per road road maintained as per
Maintenance Standards standards as a proportion of
indicated in Clause 2.1 total project length

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IRC:SP:124-2019

v) The Contractor shall submit at least once in two months video recording of condition
of the Project Highway with special emphasis on performance based items.
vi) A rate or price shall be entered as a single rate as Tender Premium % above/below
on the rate/amount in the BOQ.

NOTE FOR EMPLOYER:

i) The items of work given in the BOQ are indicative. Employer may include new items
or delete items depending on the requirements of the work.
ii) The performance based items given in the BOQ are indicative and may be changed
as per requirements.
iii) The rates of items as per applicable Schedule of Rates are required to be worked out
and included in the BOQ and accordingly amount is to be calculated and included in
the BOQ/Summary.
iv) Road maintenance standards given in Part-I for some items of work are indicative.
These may be amended/supplemented as per specific requirement of work.

98
 BILL OF QUANTITIES

BOQ to be referred in BoQ in Excel format of Financial Bid

99