ADDENDUM TO

STANDARD BIDDING DOCUMENT

PROCUREMENT OF CIVIL WORKS

NATIONAL COMPETITIVE BIDDING FOR

Periodical Renewal from Km.188.00 to 228.400of NH-730 in

the State of Uttar Pradesh.

APPROXIMATE VALUE OF WORK RS. 1630.77 LAKH

AGREEMENT NO/

/2015 dated

NATIONAL COMPETITIVE BIDDING

(CIVIL WORKS)

NAME OF WORK

PERIOD OF SALE OF :
BIDDING DOCUMENT
TIME AND DATE OF PRE :
BID CONFERENCE

Periodical Renewal from Km.188.00 to 228.400 of

NH-730 in the State of Uttar Pradesh.

DATE: 13.08.2015 to 03.09.2015(Online)

LAST DATE AND TIME

FOR RECEIPT OF BIDS
*TIME AND DATE OF
OPENING
TECHNICAL
BID
*TIME AND DATE OF
OPENING FINANICAL BID
PLCACE OF OPENING BID

01.09.2015 at 1200 Hours at the office of the

Superintending Engineer, NH Circle, PWD
Lucknow.
DATE 04.09.2015 TIME: 1200 Hours (Online)

DATE 07.09.2015TIME: 1500 Hours (Online)

TO BE ANNOUNCED.

OFFICER INVITING BID

Office of the Chief Engineer (NH), PWD,

Nirman Bhawan, 96, M.G. Marg, Lucknow
Superintending Engineer, NH Circle, PWD
Lucknow on behalf of governor of U.P.

* Should be the same as for the deadline for receipt of bids or promptly thereafter.

Office of the Superintending Engineer,

NH Circle, PWD,
Lucknow (UP)
INVITATIONS FOR BIDS (IFB)
NATIONAL COMPETITIVE BIDDING

No. 2434 / 162-work-NH CIRCLE/2015-16

Dated:7.8.15
1The Superintending Engineer, NH Circle PWD, Lucknow invites item
rate bids online for the construction of work detailed in the table
given below. The bidder is advised to examine carefully all
instructions including addendum/amendments to ITB, conditions of
contract, contract data, forms, terms, technical specifications, bill of
quantities etc. in the Bid Document.
Sl.
No

Name of work

Approximate
value of work
(Rs. in lakh)
3

Bid Security
(Rs. in lakh)

Cost of Document
(in Rs.)

30.00

Stationery
charges
Rs.2000.00+Tend
er
Cost
300+13.5% VAT

Period of
completion
6

(1)

Periodical Renewal
from Km.188.00 to
228.400 of NH-730
in the State
of
Uttar Pradesh.

2-

3-

4-

5-

1630.77

06
months
including
rainy
season

Bid document with detailed terms and conditions will be available

online on website MORTH portal http://www.morth.nic.in and
http://www.morth.eproc.in from 13.08.2015 to 03.09.2015 upto
1700 Hours (noon).
Bids must be accompanied by non-refundable fee as indicated in
Column 5 of the above table, in the form of Demand Draft on any
Schedule bank, for amount indicated for stationery charges in favour
of Secretary General, Indian Road Congress, New Delhi,
payable at New Delhi, For tender cost in favour of RPAO(MORTH),
Lucknow payable at Lucknow and for Vat In favour of Trade Tax
Officer payable at Lakhimpur-kheri,
Bids must be accompanied by security of the amount specified for
the work in the column 4 of the above table drawn in favour of
Superintending Engineer, NH Circle, PWD, Lucknow. Bid
security will have to be in any one of the forms as specified in the
bidding document and shall have to be valid for 45 days beyond the
validity of the bid.
Bids must be submitted online only at e-tendering portal of MORTH
http://www.morth.nic.in
or
e-tender
portal
of
MoRTH

6-

7-

http://www.morth.eproc.in on or before 1200 Hours on

04.09.2015 and technical bids received online will be opened on
07.09.2015 at 1500 Hours (noon) before the Evaluation
Committee at the office of the Chief Engineer, National Highways, U.P.
P.W.D, 96, M.G. Marg, Lucknow in the presence of the bidders who
wish to attend. If the office happens to be closed on the date of
opening of the bids as specified, the bids will be opened on the next
working day at the same time and venue.
The rates are inclusive of cost of traffic management during
construction. Contractor shall provide road signage, bollards, boards,
gunny bags, sheets etc. for safety of traffic during construction
period, which will be incidental to work.
Instructions to Bidders regarding e-tendering process:
(i) The complete bid documents can be viewed / downloaded free of
cost from MoRTH portal http://www.morth.nic.in or e-tender portal
of MoRTH http://www.morth.eproc.in within time period as
specified in para 2 above.
(ii) It is mandatory for all the bidders to have class-III Digital Signature
Certificate (in the name of person who will sign the bid document)
from any of the licensed Certifying Agency (Applicants can see the list
of licensed CAs from the link http://www.cca.gov.in to participate
in e-tendering of MoRTH.
(iii)To participate in the e-tendering, it is mandatory for the bidders to
get registered their firm/joint venture with e-tendering portal of
MoRTH http://www.morth.eproc.in to have user ID & password
which has to be obtained by submitting an annual registration
charges of Rs.2247/-(Inclusive of all taxes) to M/s C1 india Pvt Ltd
through e-payment gateway of using Credit Card / Debit Card (Master
Card and Visa Card only) or net banking. Validity of online registration
is one year.
(iv) To participate for bidding, bidders have to pay Rs 1295.00/(Rupees one thousand two hundred and ninety five only) towards
application processing fee (non-refundable) shall be paid to M/s C1
India Pvt Ltd against Tender Processing Fee through E-Payment
gateway using Credit Card/ Debit Card- Master Card and Visa Card
only or net banking.
(v)The bidders have to submit their bids including scanned copy of
Bid Security online only at e-tendering portal of MORTH
http://www.morth.eproc.in in electronic format with Digital
Signature.
(vi) No proposal will be accepted in physical form except Bid Security.
The bidders have to submit their Bid Security in hard copy (original)
also on or before 12:00 Hours (Noon) on 07.09.2015 to any of the
offices of the Executive Engineer, N.H. Division 1, P.W.D., Varanasi,
Superintending Engineer, 18th Circle ,PWD, Allahabad; Regional

Officer, Ministry of Road Transport & Highways, Vikas Nagar, Biotech

Chowk Ring Road, Lucknow and Chief Engineer, N.H., U.P. P.W.D.,
Nirman Bhawan, 96, M.G. Marg, Lucknow and Chief Engineer (P-2)
Ministry of Road Transport & highway, Transport Bhawan, 1 Parliament
Street, New Delhi . If the office happens to be closed on the last date
of submission of Bid Security in hard copy as specified, the Bid
Security will be received on the next working day at the Offices
mentioned above. In case, Bid security is not received within
specified time, the Bid shall be considered non responsive and shall
not be downloaded/evaluated.
(vii) Before submission of online bids, bidders must ensure that
scanned copy of all the necessary documents have been attached
with bid.
(viii) The department will not be responsible for delay in online
submission due to any reason whatsoever.
(ix) All the information required for bid must be filled in and submitted
online.
(x) All documents/papers uploaded/submitted by the bidder must be
legible
8Bids shall be strictly treated as non-responsive if:
(i) Bid is not accompanied by an acceptable bid security (with validity
for a period of not less than 45 days beyond the validity of bid) and
not secured as indicated in sub clauses 16.1 and 16.2 of the Bidding
Document.
(ii) The undertaking regarding validity of bid, for a period of 120 days
after the dead line date for bid submission specified in clause 20 of
the bidding document, is not submitted.
9Uploaded documents of valid successful bidder will be verified with
the original documents before signing the Agreement. The valid
successful bidder has to provide the originals to the concerned
authority on receipt of such letter, which will sent through registered
post/E-mail.
10A pre-bid meeting will be held on 01.09.2015 at the office of
Superintending Engineer, NH Circle P.W.D, Lucknow to clarify
the issues and to answer questions on any matter that may be raised
at that stage as stated in clause 9.2 of Instructions to Bidders of
the Bidding Document.
11Other details can be seen in the Bidding Documents on the
website.
12Following may be noted
(i) Registration should be valid at least up to one month after the last
date of submission of bids.
(ii) Bids can be submitted only during the validity of their registration.

(iii) The amendments / clarifications to the Bid document, if any, will

be hosted on the MoRTH portal http://www.morth.nic.in and
http://www.morth.eproc.in

Superintending Engineer,
NH Circle, PWD,
Lucknow (UP)

APPENDIX TO ITB
Sl No Clause reference
1

Cl.1.1

content
Name of the Employer is
Superintending Engineer,
NH Circle, PWD, Lucknow.

The last five years2009-10

2010-11
2011-12
2012-13
2013-14

Cl.4.5A(a)

The average annual turnover amount is Rs. 652.308 Lakh

Cl.4.5A (b)

Cost of completed/substantially completed work is Rs. 652.308 Lakh

Cl.4.5A (c)

Not applicable as per enclosed addendum to ITB

Cl. 4.5A (d)

Not applicable as per enclosed addendum to ITB

Cl.4.5A (e)

Not applicable as per enclosed addendum to ITB

Cl.4.5B(c)

Liquid assets and / or availability of credit

Facilities is Rs. 163.077 Lakh

Cl.4.7

Available bid capacity is Rs. 1630.77 Lakh

Price level of the financial year (To work out bid
capacity)- Base year 2014-15

10

Cl.9.2.1

The pre-bid meeting will take place at

Office of Superintending Engineer
NH Circle, P.W.D, Lucknow

On 01.09.2015 at 1200 Hours.

11

The technical bid will be opened at Office of Chief Engineer,

National Highways, UP PWD
Nirman Bhawan, 96 M. G. Marg, Lucknow-226001
On Date 07th Sept., 2015 at 1200 Hours Noon (online)

12

Cl 4.5(a)

Address of the employerSuperintending Engineer, NH Circle ,

P.W.D, Lucknow

13

Cl 19.2(b)

IdentificationPeriodical Renewal from Km.188.00 to 228.400of NH730 in the State of Uttar Pradesh.

Bid Reference noDo not open before

07th September, 2015 at 1500 Hours Noon

14

Cl 20.1(a)

The bid should be submitted latest by04.09.2015 at 1200 Hours (Online)

15

Cl 23.1

The bid will be opened at

Office of Chief Engineer

National Highways
UPPWD
Nirman Bhawan, 96 MG Marg
Lucknow-226001
07th September, 2015 at 1500 Hours
By Evaluation Committee
16

Cl 34.1

The Security in favour of-

Superintending Engineer, NH Circle ,

P.W.D, Lucknow

17

Cl 36.1

The name of dispute review expert -

To be named later.

18.

Escalation factors (for the cost of works executed and

financial figure)Years before

Multiply factor

One

1.10

Two

1.21

Three

1.33

Four

1.46

Five

1.61

Addendum/Amendments to I.T.B.
Clause Reference
with respect
to section 1
Clause No. 4.2
Page 6

Deleted.

Clause No. 4.4

Page 8

Bids for joint ventures are not acceptable.

Joint Ventures are only applicable for work
costing Rs. 25 Crore and above. Hence Joint Venture is not
applicable for this work.

Clause No. 4.5.A

Page 8

This sub clause is replaced by the following clauses :

The Applicant shall meet the following minimum
criteria:

Clause No. 4.5.A(a)

Page 8

This sub clause is replaced by the following

Average annual turnover (defined as billing for works in
progress and completed in all classes of civil engineering
construction work only) over the last five years of 40% of
the value of contract/contracts applied for.

Clause No. 4.5.A(b)

Page 8

This sub clause is replaced by the following

Experience in successful completing or substantially
completing at least one contract of highway (road and/or
bridge work)/airport runway of at least 40% of the value of
proposed contract within the last five years.
The works may have been executed by the Applicant as
prime contractor or as a member of joint venture or
approved sub contractor. As sub contractor, he should have
acquired the experience of execution of all major items of
works under the proposed contract. In case a project has
been executed by a joint venture, weightage towards
experience of the project would be given to each joint

venture in proportion to their participation in the joint

venture.
Substantially completed works means those works which are
at least 90% completed as on the date of submission (i.e.
gross value of work done up to the last date of submission is
90% or more of the original contract price) and continuing
satisfactorily.
For these a certificate from the Employer/Engineer not
below the rank of an Executive Engineer or equivalent shall
be submitted along with the application incorporating clearly
the name of the work, Contract value, billing amount, date
of commencement of works, satisfactory performance of the
Contactor and any other relevant information.
Clause No. 4.5A(c)
Page 8
Clause No. 4.5A(d)
Page 9
Clause No. 4.5A(e)
Page 9
Clause No. 4.5B(a)
Page 9

Deleted.
Deleted.
Deleted.
This sub clause is replaced by the following
The applicant should own or should have assured ownership
to the following key items of equipment, in full working
order, and must demonstrate that, based on known
commitments they will be available for use in the proposed
contract.
Based on the studies, carried out by the Engineer the
minimum requirement of major equipment to attain the
completion of works in accordance with the prescribed
construction schedule are shown in the Annexure-I.

Clause No. 4.5B(b)

Page 9

This sub clause is replaced by the following;

The applicant must have suitably qualified personnel to fill
the positions as per Annexure-II. The applicant will supply
information on a prime candidate and an alternate for each
position, both of whom should meet the experience
requirements specified in Annexure-II.

Clause No. 4.5B(c)

Page 9

This sub clause is replaced by the following;

The applicant should demonstrate that he has access to, or
has available, liquid assets (aggregate of working capital,
cash in hand and uncommitted bank guarantees) and/or
credit facilities of not less than 10% of the value of the
contract/contracts applied for certified by the Bankers (Not
more than 3 months old) (Construction cash flow may be
taken as 10% of the estimated value of contract/contracts).

New Clause No. 4.5B(d) A new sub clause Cl.4.5B(d) is added and shall be read as
under;
The audited balance sheets for the last five years should be
submitted, which must demonstrate the soundness of the
Applicants financial position, showing long term
profitability including an estimated financial projection for
the next two years. If necessary, the Employer will make
enquiries with the applicants bankers.
Clause No. 4.5C

This sub clause is replaced by the following;

To qualify for more than one contract, the applicant must
demonstrate having experience and resources sufficient to
meet the aggregate of the qualification criteria for each
contract given in clauses [Cl.4.5.B(a)], [Cl.4.5B(b)],
[Cl.4.5B(c)] and Cl. 4.7.

Clause No. 4.6

This clause is replaced by the following;

Sub contractors experiences and resources shall not be
taken in to account in determining the applicants
compliance with the qualifying criteria.

Clause No. 4.7

Page 10

This clause is replaced by the following;

Applicants who meet the minimum qualifying criteria will
be qualified only if their available bid capacity at the
expected time of bidding is more than the total estimated
cost of the works. The available bid capacity will be
calculated as under.

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

A =Maximum value of works executed in any one year
during the last five years (updated to the current price
level) rate of inflation may be taken as 10 percent per
year which will take into account the completed as well
as works in progress.
B=Value at current price level of the existing commitments
and ongoing works to be completed during the next 06
months (period of completion of works for which bids
are invited). And
N =Number of years prescribed for completion of the works
for which the bids are invited.
Note : 1- In case of a joint venture, the available bid capacity
will be applied for each partner to the extent of his
proposed participation in the execution of the works.
2- The statements showing the value of existing
commitments and on-going works as well as the
stipulated period of completion remaining for each of
the works listed should be countersigned by the
Engineer in charge, not below the rank of an
Executive Engineer of equivalent.
Clause No. 4.8
Page 10

This clause is replaced by the following;

Disqualification:
Even though the Applicants meet the above criteria, they are
subject to be disqualified if they have:
-made misleading or false representations in the form,
statements submitted; and/or
- Record of poor performance such as abandoning the works,
rescinding of contract for which the reasons are attributable
to the non-performance of the contractor, consistent history
of litigation awarded against the Applicant or financial
failure due to bankruptcy. The rescinding of contract of a
joint venture on account of reasons other than the nonperformance, such as Most Experienced partner of joint
venture pulling out, court directions leading to breaking up

of a joint venture before the start of work, which are not

attributable to the poor performance of the contractor will,
however, not affect the qualification of the individual
partners.
New Clause No. Cl.4.9

A new sub clause Cl.4.9 is added and shall be read as

under;
Litigation History
The Applicant should provide accurate information on any
litigation or arbitration resulting from contracts completed
or under execution by him over the last five years. A
consistent history of awards against the Applicant or any
partner of a joint venture may result in failure of the
applicant.

Clause No.8.2
Page 11

Deleted.

Clause No.12.2
Page 13

Deleted.

Clause No.13.2
Page 14

This clause is replaced by the following;

The bidder shall fill in rates for all items of the Works
described in the Bill of Quantities as available online. Items
for which no rate is entered by the bidder will not be paid for
by the Employer when executed and shall be deemed
covered by the other rates and prices in the Bill of
Quantities.

Clause No.13.4
Page 14

Second option is deleted.

Clause No.15.3
Page 15

Deleted

Clause No.15.4
Page 15

Deleted

Clause No. 16.1

Page 15

The second sentence is replaced by,

This bid security shall be in favour of Superintending
Engineer, NH Circle, P.W.D, Lucknow and may be in any
one of the following forms

Clause No. 16.2

Page 15

Replace the last word of first line, surety by

security

Clause No. 16.4

Page 15

Add at the end, or 15.2 as the case may be.

Clause No.18.1
Page 16

This clause is replaced by the following;

The Bidder shall submit online one set of bid documents
comprising of the documents as described in Clause 12 of
these Instructions to Bidders,.

Clause No.18.2
Page 16

This clause is replaced by the following:

The Bid shall be signed by a person or persons duly
authorized to sign on behalf of the Bidder, pursuant to SubClauses 4.3. All pages of the bid where entries or
amendments have been made shall be initialed by the person
or persons signing the bid.

Clause No.19.1
Page 16

This sub-clause is replaced by the following:

The Bidder shall submit two separate digitally signed files
marked as "Technical Bid (Cover-1)" and "Financial
Bid(Cover-2)". The contents of Technical and Financial Bids
will be as specified in clause 12.1. All documents are to be
signed digitally by the bidders.

Clause No.19.2
Page 17

Deleted

Clause No.19.3
Page 17

Deleted

Clause No.19.4
Page 17

Deleted

Clause No.20.1
Page 17

This sub-clause is replaced by the following:

Complete bids (including Technical and Financial Bids)
must be uploaded online through e-portal before the date and
time (as per server clock) as specified in the Appendix to
ITB. The Employer will assume no responsibility for delay
caused due to non-availability of internet connection or
network traffic jam etc..

Clause No.21
Page 17

Deleted

Clause No.22.2
Page 17

This sub-clause is replaced by the following:

Clause No.22.3
Page 17
Clause No. 23.1
Page 18

Each Bidder's modification or withdrawal notice shall be

prepared and uploaded online in accordance with Clause 18
& 19.
Deleted
Replace the word Employer by Evaluation Committee.

Clause No.23.5
Page 18

Deleted

Clause No.27
Page 20

Deleted

Annexure-I
List of Plant & Equipment to be Deployed on Contract Work
[ Reference Cl.4.5B (a)]
Sl.
No.

Type of Equipment

1.
2.
3.
4.
5.
6.
7.

Tipper Trucks
Motor Grader
Dozer
Front and Loader
Smooth Wheeled Roller
Vibratory Roller
Hot
Mix
Plant
with
Electronic
controls
(Minimum
80-100
TPH
Capacity)
Paver
Finisher
with
Electronic Sensor
Water Tanker
Bitumen Sprayer
Tandem Roller
Concrete Mixer with Integral
Weight Batching facility
Wet mix plant of 75 tonne
hourly capacity

8.
9.
10.
11.
12.
13.

Maximum age on
last date of
submission of bids
5-7
5
5
5
5
5
5

Minimum Number
of Equipment

5
5-7
5
5

4
1
1
0

Total

34

15
3
1
2
3
2
1

Annexure-II
Minimum Key Personnel for the Project
[Reference Cl.4.5B (b)]
Sl.
No.
1.
2.
3.

Personnel
Project Manager
Site Engineer
Plant Engineer

4.

Quantity Surveyor

5.

Soil
&
Engineer

Material

Qualification
B.E. Civil + 10 years Exp.
B.E. Civil + 3 years Exp.
B.E. Mech. + 3 years Exp. Or
Dip. Mech. + 7 years Exp.
B.E. Civil + 7 years Exp. Or
Dip. Civil + 7 years Exp.
B.E. Civil + 7 years Exp. Or
Dip. Civil + 7 years Exp.
Total

Minimum Key
Personnel
1 No.
4 Nos.
1 No.
1 No.
1 No.
8 Nos.

ADDENDUM TO QUALIFICATION INFORMATION

Clause Reference
with respect
to Section 2
Clause 1.3.2
Page- 30

Deleted

Clause 3.1
Page-33

(i)

Affidavitsshall be submitted on Rs 100.00 non Judicial stamp

paper duly notarized.

Clause 3.2
Page-33

(i)

undertakingsshall be submitted on Rs 100.00 non Judicial stamp

paper duly notarized

Page 34

Sample format for evidence of access to or

availability of credit facilities;
shall be furnished by bank on their original letter head . The
certificate should not be old by more than three months.

Addendum /Amendments to conditions of contract

Clause Reference
with respect
to Section 3
Clause 1.1
Page-39

This 11th and 12th line are replaced by the following;

The contract is the contract between
the Employer and the contractor to execute, complete
and maintain the works till the completion of Defect
Liability Period. It consists of the documents listed in clause
2.3 below.

Clause No.47
Page 51

Deleted

Clause No.48.3
Page 51

This sub clause is replaced by the following;

In case, Contractor requests for refund of the Retention
Money deducted by the Employer under the provision of this
clause, Employer shall consider the said request of the
Contractor provided that the refund hereunder shall be made
in tranches of not less than 1% (one per cent) of the Contract
Price and the Contractor furnishes an irrevocable and
unconditional bank guarantee for an equal amount
substantially in the format of bank guarantee for
performance guarantee enclosed with the SBD and valid up
to 28 days beyond the scheduled/extended Defects Liability
Period. On completion of the whole works, the Contractor
has however an option to submit a fresh irrevocable and
unconditional bank guarantee for an amount equal to 2.5%
of the total value of works executed substantially in the
format of bank guarantee for performance guarantee
enclosed with the SBD and valid up to 28 days beyond the
scheduled/extended Defects Liability Period and get refund
the Retention Money and bank guarantees submitted for
refund of Retention Money.

Clause No. 50
Page-52

Deleted.

Clause No. 51.1

Page-52 to 53

This sub clause is replaced by the following;

The Employer shall make advance payment (not to be paid
in less than two installments except in special circumstances
for which the reasons to be recorded in writing) to the
Contractor of the amounts stated in the Contract Data by the
date stated in the Contract Data, against provision by the
Contractor of an Unconditional Bank Guarantee in a form
and by a bank acceptable to the Employer in amounts and
currencies equal to be at least 110% of the advance payment.
The guarantee shall remain effective until the advance
payment has been repaid, but the amount of the guarantee
shall be progressively reduced by the amounts repaid by the
Contractor. The mobilization advance would be deemed as
interest bearing advance at an interest rate of 10% to be
compounded quarterly.

SECTION 4
1.

CONTRACT DATA
The employer is- Superintending Engineer, NH circle ,
PWD, Lucknow

[C1.1.1]

Name of authorized representative------2.

The Engineer isExecutive Engineer, NH Div, PWD, Lakhimpur-Kheri

3.

Name of Authorized Representative:

-----------The dispute review expert appointed jointly by the employer and
contractor is :
To be named later

The defects liability period is one years from the date of completion

[C1.1.1&35]

The start date shall be ZERO days from the date of issue of
the Notice to proceed with the work
The intended completion date for the whole of the works is 06
Months (Including rainy and winter seasons) after start of
work with the following milestones

[C1.1.1]

6.

Milestones dates

7.

Physical works to be completed

[C1.1.1]

[C1.1.1,17&28]

[C1.2.2,49.1]
Period from the start date

Milestone-1

20%

02 Months

Milestone-2

60%

04 Months

Milestone-3

100%

06 Months

Periodical Renewal from Km.188.00 to 228.400of NH-730

in the State of Uttar Pradesh.

[C1.1.1]

8.

The name and identification number of the contract is:

[C1.1.1]

Periodical Renewal from Km.188.00 to 228.400of NH730 in the State of Uttar Pradesh.

9.

The works consist of

[C1.1.1]

Periodical Renewal from Km.188.00 to 228.400of NH730 in the State of Uttar Pradesh.

The works shall, inter alia, include the following, as specified or as directed.:
(A) Road Works- Tack coat, Earth work, profile correction and BC work.
(B) Bridge WorksNIL
(C) Other Items- Any other items as required to fulfill all contractual obligations as
per the Bid documents
[C1.1.1]
10. The following documents also form part of the Contract:
11. The law which applies to the Contract is the
Law of Union of India
12. The language of the Contract documents is English
13. Limit of subcontracting50% of the Initial Contract Price

[C1.2.3
(9)]
[C1.3.1]
[C1.3.1]
[C1.7.1]

14. The Schedule of Other Contractors

15. The Schedule of Key Personnel- As per Annex.-II to Section 1

[C1.8]
[C1.9]

16. The minimum insurance cover for physical property, injury and death is Rs.5
lakhs per occurrence with the number of occurrences limited to four. After
each occurrence, contractor will pay additional premium necessary to make
insurance valid for four occurrences always

[Cl. 13]

17. Site investigation report18

.

Not applicable

The Site Possession Dates shall be-

Date of issue of notice to

proceed with the work

[C1.14]
[Cl. 21]

19 Fees and types of reimbursable expenses to be paid to the Dispute Review

.
Expert(To be inserted latter)

[CL 25]

20 Appointing Authority for the Dispute Review Expert

.
Council, Indian Roads Congress, New Delhi

[Cl. 26]

21 The period for submission of the programme for approval of Engineer.

shall be 21 days from the issue of Letter of Acceptance.

[Cl. 27.1]

22
.
23
.
24
.

The period between programme updates shall be- One month.

[Cl. 27.3]

The amount to be withheld for late submission of an updated programme shall

be-- Rs.5.00 Lacs
The following events shall also be Compensation Events;

[Cl. 27.3]
[Cl. 44]

Substantially adverse ground conditions encountered during the course of

execution of work not provided for in the bidding document
(i) Removal of underground utilities detected subsequently
(ii) Significant change in classification of soil requiring additional
mobilization by the contractor, e.g. ordinary soil to rock excavation,
(iii) Removal of unsuitable material like marsh, debris dumps, etc not caused by
the contractor
(iv) Artesian conditions
(v) Seepage, erosion, landslide
(vi) River training requiring protection of permanent work
(vii)Presence of historical, archeological or religious structures.
monuments interfering with the works
viii) Restriction of access to ground imposed by civil,
judicial, or military authority
25 The currency of the Contract is -- Indian Rupees
.
26 Deleted
.
27 The proportion of payments retained ( retention money) shall be.
6% from each bill subject to a maximum of 5% of final
contract price
28.

Amount of liquidated damages for Delay in completion of works

1- For whole of work (1/2000)th of the initial contract price,
rounded off to the nearest Thousand, per day.

[Cl. 46]
[Cl 47]
[Cl. 48]

[Cl. 49]

2- For sectional completion (wherever specified in Item 6 of

contract data) (1/200)th of initial contract price for 5 km
section, rounded off to the nearest thousand per day.
29

Maximum limit of liquidated damages for delay in completion of

work 10% of the the initial Contract price rounded off to
nearest thousand

[Cl.49]

30

DELETED

[Cl 50]

31

DELETED

[Cl 50]

32

The amounts of the advance payment are

[Cl 51
&52]

1-Mobilization

2- Equipment

10% of the
contract
Price

90% for
new and
50% of
depreciated
value for
old
equipment.
Total
amount
will be
subject to a
maximum
of 5% of
the
contract
price.

The Employer shall make advance

payment (not to be paid in less than
two installments except in special
circumstances for which the reasons
to be recorded in writing) to the
Contractor of the amounts stated in
the Contract Data by the date stated
in the Contract Data, against
provision by the Contractor of an
Unconditional Bank Guarantee in a
form and by a bank acceptable to the
Employer in amounts and currencies
equal to be at least 110% of the
advance payment. The guarantee
shall remain effective until the
advance payment has been repaid,
but the amount of the guarantee shall
be progressively reduced by the
amounts repaid by the Contractor.
The mobilization advance would be
deemed as interest bearing advance
at an interest rate of 10% to be
compounded quarterly.
After equipment is brought to site
(provided the Engineer is satisfied
that the equipment is required for
performance of the contract) and on
submission of unconditional bank
guarantee in a form and by a bank
acceptable to the Employer in
amounts and currencies equal to be
at least 110% of the advance
payment. The guarantee shall remain
effective until the advance payment
has been repaid, but the amount of
the guarantee shall be progressively
reduced by the amounts repaid by

the Contractor.
3-Secured

advance for
non perishable
materials
brought to site

75% of
invoice
value.

a) The material are in accordance

with the specification for works;
b) Such material have been delivered
to site and are properly stored and
protected against damage or
deterioration to the satisfaction of
the engineer. The contractor shall
store to bulk material in measurable
stacks.
c) The contractors records of the
requirements, orders, receipt and
use of materials are kept in a form
approved by the Engineer and such
records shall be available for
inspection by the Engineer;
d)The contractor has submitted with
his monthly statement the estimated
value of the materials on site
together with such documents as
may be required by the Engineer for
the
purpose of valuation of
materials and providing evidence of
ownership and payment thereof;
e) Ownership of such materials shall
be deemed to vest in the Employer
for which the Contractor has
submitted an Indemnity Bond in an
acceptable; and
f) The quantities of materials are
not excessive and shall be used
within a reasonable time as
determined by the Engineer.
(The advance payment will be paid to the Contractor no later than 28 days after
fulfillment of the above conditions).
:

33

Repayment of advance payment for mobilization and equipment:

[Cl.51.3]

The advance loan shall be repaid with percentage deductions

from the interim payments certified by the Engineer under
the Contract. Deductions shall commence in the next
Interim Payment Certificate following that in which the total
of all such payments to the Contractor has reached not less
than 20 percent of the Contract Price or 6 (Six) months
from the date of payment of first installment of advance,
whichever period concludes earlier, and shall be made at the rate
of 20 per cent of the amounts of all Interim Payment
Certificates until such time as the loan has been repaid,
always provided that the loan shall be completely repaid prior to
the expiry of the original time for completion pursuant to
Clauses 17 and 28
34

Repayment of secured advance:

[Cl.51.4]

The advance shall be repaid from each succeeding monthly

payments to the extent materials [for which advance was
previously paid pursuant to Clause 51.4 of G.C.C.] have been
incorporated into the Works.
35

The Securities shall be for the following minimum amounts

equivalent as a percentage of the Contract Price:
Performance Security for 5 per cent of contract price plus
Rs.................... ( to be decided after evaluation of the bid) as
additional security in terms of ITB Clause 29.5.
The standard form of Performance Security acceptable to the
Employer shall be an unconditional Bank Guarantee of the
type as presented in Section 8 of the Bidding Documents

[Cl.52]

[Cl.58]

36

The Schedule of Operating and Maintenance Manuals

37

The date by which "as-built" drawings (in scale as directed) in 2

sets are required is within 28 days of issue of certificate of
completion of whole or section of the work, as the case may be.

[Cl.58]

38

The amount to be withheld for failing to supply "as built"

drawings by the date required is Rs.10.00 Lakh.

[Cl.58]

39

N/A

The following events shall also be fundamental breach of

contract:

[Cl. 59.2]

"The Contractor has contravened Sub-clause 7.1 and Clause 9

of GCC."

40

The percentage to apply to the value of the work not completed

representing the Employer's additional cost for completing the
Works shall be - 20 per cent.

[3,Cl.60]

Superintending Engineer
NH Circle PWD
Lucknow