View Tend

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HARYANA IRRIGATION DEPARTMENT

TENDER FORM NO. DATED
GOVERNMENT OF HARYANA
ITEM RATE TENDER
&
CONTRACTOR DOCUMENTS
NAME OF WORK:
Providing protection to Bilaspur Complex on River Yamuna after flood 2010 in district Panipat.

NAME OF AGENCY:
AGREEMENT NO.:
-2CHECK LIST (Not for Contractor) For Internal and Official use only To be filled in and submitted by the Executive Engineer with case for approval by the competent authority. Name of the work: 1. 2.
3.
Has the estimate been sanctioned? : Give authority, No. & date of sanction : Whether all the drawing for the : work have been sanctioned? Give authority No, Date of sanctioned. : Whether (for closure work) the closure : has been decided? Intended date of start of work Intended period of completion : : :
4.
Whether the land involved in the project area stands acquired?
5.
Whether the trees falling in the work : area stand cleared for removal by the forest Department? XEN In-charge of the work to sign as Engineer before submission of tender document to the competent authority for approval: All pages/cuttings to be signed/ Initialed by the Engineer & the Contractor : 1. Pages 2,3,4,5,7,8,9,11,18,30 (CI. 45.2),36,37,38,50,52 to be filled in at appropriate places before issue of tender document : 2. Pages 11,12,13 to be filled up by the contractor in the tender document :
6.
7.
3. Has the name of adjudicator as per clause 19.1 of the conditions of contract been filled up in contract Data? : 4. Has the BOQ been drawn up giving reference, to the relevant HSR item? In case of deviation, give No. & date of approval of competent Authority. : 5. Was the detailed N.I.T. and Contractor qualification information displayed on Notice boards for wide publicity, w.e.f the date of inviting tenders? : 6. Do the technical specifications, under Section V, cover the specific requirement of this work? : If not, have they been suitably revised to cover fully the specific requirement of this work? 7. Have all the qualifying documents of the lowest, evaluated bidder been checked and found in order? :
Signature of the Executive Engineer with stamp and date N.B.: For the purpose of clause 4.2(a) of section 1 & 1.2 & 1.3 of qualification information, the period of 3 years in exceptional case may be extended upto 5 years, only with the prior approval of the concerned Chief Engineer, N.I.T. & Qualification information will be, in such cases, so amended.
-3HARYANA IRRIGATION DEPARTMENT TENDER NOTICE
Sealed tenders on agreement basis/item rate basis are re-invited by the undersigned, on behalf of Governor of Haryana , from approved Contractors/Societies of Haryana Irrigation Department for the following works:S. No Name of Work Estimated cost in lacs Earnest money Contractor/ Society 3 4 Period of completion 5 Cost of tender documents 6
1 1 Providing protection
to 171.00 3,42,000/Upto 30.06.2011 Rs. 15,000/-
Bilaspur Complex of River Yamuna after flood 2010 in District Panipat.
1.
The tender details can only be downloaded from Haryana Irrigation web site i.e. http://hid.gov.in. The bidders shall pay the cost of bid document alongwith the submission of tender document.
2.
Earnest money specified for the works in the table above payable at Sonepat and drawn in favour of Executive Engineer, Rai Water Services Division, Sonepat in anyone of the shape DAC/FDR/Bank DD/Bank Guarantee in the form specified, of any nationalized bank valid for 45 days beyond the date of bid validity. Bidders will submit the tenders in two separate sealed envelopes. One envelop will contain technical bid & another financial bid. Both envelops duly sealed in one envelop will be received upto
03:00 PM on 16.05.2011 in the office of the Executive
Engineer, Rai Water Services Division, Sonepat. 3. 4. Unsealed tenders will be rejected. The tender will be opened at
04:00 PM on 16.05.2011 in the presence of bidders. The
technical bid of each bidder will be opened first and bids will be analyzed on the basis of qualifying criteria as per clause No. 14.9.2 of PWD Code. The financial bid of successful bidders who qualify only will be opened. 5. The agency is self responsible for arrangement of stone from Panipat Thermal Power Station, Panipat. 6. The agency is self responsible for the arrangement of space for stacking of stone adjoining the site of river edge.
------------------------Signature of Contractor
------------------No of Corrections
------------------------Signature of Engineer
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HARYANA IRRIGATION DEPARTMENT

TENDER FORM NO. ... DATED
GOVERNMENT OF HARYANA
ITEM RATE TENDER
&
CONTRACTOR DOCUMENTS
NAME OF WORK:

NAME OF AGENCY:
AGREEMENT NO.:
-5HARYANA IRRIGATION DEPARTMENT Detailed Notice Inviting Tender Sealed Tender on Agreement Basis /item Rate on through rate basis are hereby reinvited by the Executive Engineer RAI WATER SERVICES DIVISION, SONEPAT on behalf of Governor of Haryana from the approved Contractor / L & Co-operative Societies of eligible class of any branch of P.W.D. Haryana; Contractors registered with any other state Govt. and Govt. of India; State and Central Govt. undertaking, for the works shown in the table, with the following terms & conditions:1. The tender details can only be downloaded from Haryana Irrigation web site i.e. www.hid.gov.in. from the date of publication upto 16.05.2011 upto 12:00 Noon. The bidders shall pay the cost of bid document along with the submission of tender document. The tender form will be accepted only with deposit of earnest money in the form specified for the works in the table below payable at Sonepat and drawn in favour of Executive Engineer RAI WATER SERVICES DIVISION, SONEPAT in any one of the shape DAC/FDR /Bank D.D /Bank guarantee in the form specified of a scheduled bank situated at SONIPAT valid for 90 days beyond the date of bid validity. Tender must be delivered in the office of the Executive Engineer, RAI WATER SERVICES DIVISION, SONEPAT on or before 16.05.2011upto 03:00 PM. Tenders will be opened by the Executive Engineer, RAI WATER SERVICES DIVISION, SONEPAT in the presence of tenderers or their duly authorized representatives who may like to attend. The tender will be opened at 04:00PM on 16.05.2011 by EXECUTIVE ENGINEER, RAI WATER SERVICES DIVISION, SONEPAT. The technical bid of each bidder will be opened first and bid will be analyzed on the basic of qualifying criteria as per clause No. 14.9.2 of PWD Code. The financial bid of successful bidders who qualify only will be opened. 5.
2.
3.
4.
The agency is self responsible for arrangement of stone from Panipat Thermal Power Station, Panipat.
6.
The agency is self responsible for the arrangement of space for stacking of stone adjoining the site of river edge
7.
If tender receiving /opening day is a holiday, tender will be received /opened on next working day at the same time and venue.
8. 9. 10.
Conditional / Telegraphic tender will not be accepted. The validity of tender is 90 days from the date of opening. The concerned Chief Engineer Irrigation Department, Haryana , Panchkula / Delhi and the Superintending Engineer, Yamuna Water Services Circle, Sonepat reserve the right to accept or reject the tender or any part of the tender without assigning any reasons there of.
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11. 12. 13.
The details of items of work/plan sanction, drawing, and specification can be seen in the office of the undersigned on any working day. The work above Rs. 5.00 lacs will be on agreement basis. A successful bidder, not already registered with the Irrigation department, Haryana, will have to submit his application for registration with the Irrigation department, Haryana within 15 days of opening of tender and deposit the necessary license fee, also, within this period. TABLE
S.No
Name of work
Estimated cost in lacs
Earnest money
Period of completion
1 1
171.00
3,42,000/-
Upto 30.06.2011
14.
The Contractor shall execute the whole and every part of the work in the most substantial and satisfactory manner and both as regards materials and otherwise in every respect, in strict accordance with the specifications. The Contractor shall also conform exactly, fully and faithfully to the designs , drawing and instructions writing relating to the work signed by the Executive Engineer In-charge and lodged in his office and to which the Contractor shall be entitled to have access at such office or on the site of the work for the purpose of inspection during office hours and the Contractor shall , if he so require be entitled at his own expense, to make of cause o be made copies of specifications and of all such design , design drawing and instruction , as aforesaid. A certificate of having executed works as per approved design and specification etc. shall be given by the Contractor in his each monthly bill. The specification of works, material methodology of execution, drawing and design shall be signed by the Contractor and Executive Engineer while executing agreement and shall form part of agreement. The bidding documents to labour and construction Co-Op Societies will only be issued on showing attested copies of resolution from the assistant Registrar Co-Op. Societies. The bid received late or without bid security/earnest money in the shape, form and amount specified will not be entertained. Bid documents are not transferable. To qualify for award of the contact, bidders should fulfill qualifying criteria laid down in clause 4 of section-1, of bid document. The tender of the bidders who does not satisfy the qualifying criteria shall be rejected summarily without assigning any reason and no claim what so eve on this account will be considered.
15. 16. 17. 18.
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SECTION I
A. GENERAL
-8SECTION -1 A.GENERAL The Executive Engineer RAI WATER SERVICES DIVISION, SONEPAT on behalf of Governor of Haryana invites tenders for the construction of works, detailed in the table given in the detailed Notice inviting tender (NIT). The eligible Contractor / Agencies may submit tenders for any or all of the works. The successful Contractor /agency will be expected to complete the works by the intended completion date specified in the Contract data. Eligible Contractor/ Agencies : 3.1 This N.I.T. is open to all the eligible approved Contractors/ Agencies and labour construction society as defined in the instruction issued by the Irrigation Department Haryana. Any material, equipment and services to be used in the performance of the Contract shall have their origin as per relevant PWD specifications and applicable I.S Codes. The bidder is neither associated nor has been associated in past, directly or indirectly with the consultant or any other entity that has prepared the design specifications and other document for the scheme or being proposed as project manager for the Contract. A firm / agency that has been engaged by the Borrower to provide consultancy service for the preparation or supervision of the works, and any of its affiliates, shall not be eligible for tenders.
1.
2.
3.
3.2
4.
Qualification of Tenders: All approved eligible Contractor/original document with their tenders:
documents
defining
the
following
4.1
(a) Attested Copies of original documents defining the constitution or legal status, place of registration, copy of enlistment, license fee receipt for the current financial year, place of business, power of attorney of the signatory for tender to submit the tender. (b) Total annual turnover expressed as total volume of construction work performed in each of the last 3 years (with certificate in original or duly attested by the Executive Engineer in-charge). (c) Experience in works of similar nature/road work involving supply of stone metal/ stone blast and volume of each of the last 3 years and details of Works in hand and Contractual commitments. List of clients with their full address, who may be contacted for further information on these Contracts. (d) Major items of construction equipment proposed to carry out the Contract, specifying whether the same is owned or hired. (e) Qualification and experience personal proposed for the Contract. of key site management and technical
(f) Evidence of adequacy of working capital for this Contract i.e. evidence of access to lines of credit availability or other financial resources. (g) Information regarding any current litigation in which the Contractor/ agency is involved with detail of parties concerned and dispute amount. Also intimate details of any arbitration cases going on.
-9(h) Tender from joint ventures is not acceptable. (i) Details of works abandoned/terminated with reasons there of. (A) To qualify for award of the Contract, each bidder in its name should have in the last 3 years. (i) Satisfactorily completed at least one work with at least the following minimum quantities in any one year. SR. NO. ITEM OF WORK UNIT MINIMUM QUANTITY 1. Stone boulder/Stone metal Cum 50% (ii) (iii) Agencies who have executed road work involving stone metal with specified minimum quantities are also eligible. Satisfactory completed (from start to finish) as a prime Contractor at least one similar/ related work of value not less than the amount of Tender (usually supported with data) in any one year. Bidder who meets the minimum qualification criteria will be qualified only if their available bid capacity for construction work is equal to or more than the total bid value. The available bid capacity will be calculated as under:-
4.2
(iv)
Assessed available bid capacity = (AxNxM-B), where Maximum value of civil engineering works executed in any one year During the last five year (taking into account the works completed and in progress and updated to the price level of the last year using cost inflation indices published by the Ministry of Finance, GOI) N = No of years prescribed for completion of work for which bids are Invited (Period upto six months to be taken as half year and more than six months as one year). M = 2or such higher value not exceeding 3 as may be specified by the competent authority from time to time. B = Value at current price level, of existing commitments and ongoing works to be completed during the period of completion of the works for which bids are invited. To qualify for a package of Contracts made up pf this and other Contracts, the bidder must demonstrate having experience and resources sufficient to meet the aggregate of the qualifying criteria for the individual Contracts. Sub- Contractors experience and resources shall not be taken into account in determining the bidders competence with the qualifying criteria. Each Contractor shall submit only one tender. A Contractor who submits more than one tender for each work will be disqualified. Cost of Tenders Contractor / Agency shall bear all costs to submit their tender for the work and the department will in no case be responsible and liable for those costs. Site visit The Contractor /Agency is advised to visit and examine the site of works and its surroundings and obtain for himself on his own responsibility and at his own cost all information that may be necessary for preparing the tenders and entering into a Contract for construction of works The costs of visiting the site shall be at the Contractors / Agencys own expense. The Bidder must visit and see for himself the site conditions including the geological and hydraulic data before bidding. The Haryana Irrigation Department will not be responsible of any of the information mentioned in the site investigation report, is found at variance with the site conditions during execution of the work , and consequences there of , and nothing extra, will be payable to him after approval of the tender rate on account of any variation discovered therein. A =
4.3
4.4 5 6.
- 10 7.1 Contractor / Agency must assess the availability of sufficient good quality water for construction purposes including that for curing for 28 days. The Contractor / Agency should examine the route for carriage of construction material upto site of work.
7.2
Contents of Tender Document A copy of Tender Form comprises the documents (in triplicate) listed in the table below: I. II. III IV V VI VII DETAILED NOTICE INVITING TENDER TENDER FORM CONDITIONS OF CONTRACT CONTRACT DATA DRAWINGS AND SPECIFICATION: BILL OF QUANTITIES SITE PLAN
Amendment of tender document Before the deadline for submission of tenders the Engineer may modify the bidding documents by issuing corrigendum. Any corrigendum thus issued shall be part of the tender documents and shall be communicated to the Contractor/agency
10
Language of Tenders All documents relating to the tenders shall be in the Hindi/English language.
11
Documents comprising the tender The tender submitted by the Contractor /Agency shall comprise the following THE TENDER SUBMITTED BY THE CONTRACTOR/ AGENCY SHALL BE SUBMITTED ALONGWITH AN AFFIDAVIT, THAT HE FULFILLS ALL THE QUALIFICATION CRITERIA AS GIVEN UNDER PARA 4 OF GENERAL RULES AND HE WOULD FORFEIT THE EARNEST MONEY IF IT IS DISCOVERED AT A LATER STAGE THAT THE INFORMATION GIVEN BY HIM IS WRONG OR FALSE. OTHER DOCUMENTS AS DETAILED BELOW WILL BE. (i) (ii) (iii) (iv) (v) (vi) THE TENDER FORM IN DUPLICATE LETTER OF ENLISTMENT AS PER DETAILED N.I.T. QUALIFICATION INFORMATION FORM AND DOCUMENTS PHOTOCOPY OF RECEIPT OF LICENSE FEE FOR THE CURRENT FINANCIAL YEAR DULY ATTESTED. DETAILS OF EARNEST MONEY, ALREADY SUBMITTED AT THE TIME OF PURCHASE OF TENDER FORMS. ITCC (INCOME TAX CLEARANCE CERTIFICATE) FOR THE CURRENT ASSESSMENT YEAR.
- 11 12 12.1 Contract Price The Contract price shall be for the whole works based on the priced bill of quantities submitted by the Contractor / Agencies. The Contractor / Agency shall fill the rates and prices for all the items in the works described in the bill of quantities. Item for which no which no rate or price is entered by the Contractor / Agency will not be paid for by the Engineer when executed and shall be deemed covered by other rates and price in bill of quantities. Corrections, if any, shall be made by crossing out and initialing with date and rewriting. The rates and prices quoted by the Contractor shall be fixed for the duration of the Contract and shall not be subject to adjustment on any account. No escalation clause shall be applicable under normal circumstances during Contract period, unless the period of tender is extended beyond the Contract period or 1 year, whichever is later, due to reasons not attributable to the Contractor. In such a case escalation will be paid @ 1% per quarter, on the value of work being executed in the extended period only. In case of works to be carried out during closure of any channel then no compensation will be payable for non-availability of closure in the channel. However if the closure is not made available within the intended completion date then the Contractor will have the option to take up this work, in which case escalation will be payable @ 1% per quarter on the value of the works being executed in the extended period only.
12.2
12.3
12.4
12.5
13
Validity Tender shall remain valid for a period of 90 days after the date of opening of the tender. A tender received for a shorter period will be rejected by the Engineer as non-responsive. 14 Earnest Money The Contractor / Agency shall furnish Earnest money for the amount as shown in column No. 4 of the table for this particular work. The earnest money shall be in favour of EXECUTIVE ENGINEER, RAI WATER SERVICES DIVISION, SONEPAT and may be in one of the following shapes. A receipted challan from Government Treasury or a duly pledged Deposit at Call / FDR / D.D. / Bank Guarantee in the form specified, from any scheduled bank as specified. Which should be valid for 90 days beyond the validity period of tender as specified in clause 13 no.
15
Any tender not secured as indicated above shall be rejected by the Engineer as non responsive. No tender under any circumstances would be sold if not accompanied with proper earnest money. The Earnest money of unsuccessful Contractors / agencies will be returned after 45 days of the validity period of the tenders, as specified in column No. 13 or when the successful agency has signed the agreement, and furnished the performance security, and other documents as specified, if any, whichever is earlier.
16
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17
The Earnest money of the successful Contractor / agency will be discharged when the Contractor / agency has signed the agreement and furnished the performance security and submitted the program of work as required under Clause 22.1 of the condition of the Contract. The Earnest money will be forfeited: i. ii If the Contractor /agency withdraw his tender during the period of tender validity; in case the successful contractor/agency fails within the specified time limit to sign the agreement and furnish the required performance security; in case where the Contractor does not fulfill the qualification criteria as mentioned in the qualification information and does not submit the requisite supporting or submits incomplete documents, when called upon to do so, within the period specified by the Engineer; in case where it is discovered at any stage before and even during the currency of work, if allotted to the contractor, that he has made misleading or false statements in order to get the work allotted. This would be in addition to and without prejudice to the right of the Engineer to take any other legal action against the Contractor.
18
iii
iv
18.1
In addition to penalties prescribed under breach of Contract, a Contractor will render himself liable for blacklisting. i in case where the agency who purchases the bid documents, but does not submit his bid, without any valid and sufficient reason; in case where the Contractor, without a sufficient and valid reason leaves a work incomplete.
ii
18.2
Format and signing of tenders The original and copies of the tender shall be typed or hand written and shall be signed by a person or persons duly authorized to sign on behalf of the Contractor / agencies. The person who has signed the tender documents shall initial all pages of the tender documents where entries or amendments have been made. All document attached with the bid should be duly signed by the authorized signatory with date.
18.2 (a)
the rates should be as per unit and written in figures, words alongwith worked out amount. In case of error, the minimum of three will govern the value.
18.3
The tender documents shall contain no alterations or additions, except those to comply with instructions issued buy the Engineer, or as necessary to correct errors made by the Contractor / agency, in which case such corrections shall be initialed by the persons signing the tender document. Submission of tenders The Contractor / Agency shall seal the original and copy of the tenders in an envelope addressed to the Engineer at the following address. EXECUTIVE ENGINEER RAI WATER SERVICES DIVISION, SONEPAT Do not open before 04.00 PM on 16/05/2011. If the envelope is not sealed and marked as above the Engineer will assume no responsibility for the misplacement or premature opening of the tender.
19
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20.
Deadline for submission of tenders: Tenders must reach the Engineer as the address above not less than 16/05/2011 to 03.00 PM. up
The Engineer may extend the deadline for submission of tenders, by issuing an amendment in which case all rights and obligations of the Engineer and the Contractor/agencies preciously subject to the original deadline will then be subject to the new deadline. Any tenders received by the Engineer after the deadline prescribed will not be entertained. 21. 22. 22.1 No tender may be modified after the deadline for submission of tenders. Opening of Tenders: The Engineer will open the tenders including modifications made, if any, in the presence of the willing Contractors / representative of Agencies and Construction Cooperative societies , who wants to remain present at the time and place as mentioned in the N.I.T. Tender received in the envelope and collected in Tender Box shall be opened and read out first. The contractors / Agencys name, the Contract price ,the total amount of each tender discount, if any, Contract/tenders modification and withdrawals and such other details as the Engineer may consider necessary will the announced by the Engineer at the time of opening of tender. Examination of tenders and determination of responsiveness: If a tender is not substantially responsive it will be rejected by the Engineer and may not subsequently be made responsive by correction or withdrawals of the non-confirming deviation or reservation or reservation. Conditional tenders will be declared non responsive. A substantially responsive tender is one which conforms to all the terms and conditions and specification of the tender documents. 24. 24.1 Acceptance of Tender The Chief Engineer or other duly Authorized Officer reserves the right to ask for submission of samples as in respect of materials for which the tender has quoted his rates before the tender can be considered for acceptance. If the Tenderer, who is called upon to do so, does not submit within seven days of written order to do so, the Engineerin-Charge shall be at liberty to forfeit the said earnest money absolutely. If it is found that the tender is not submitted in proper manner, or contains too many corrections or unreasonable rates or amounts, it would be open for the Engineer-in-Charge not to consider the tender, forfeit the amount of earnest money and / or de-list the Contractor.
22.2
23
24.2
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24.3
If any tenderer withdraws his tender prior to expiry of said validity period or mutually extended period or make modifications in the rates, terms and conditions of the tender within the said period, which are not acceptable to the department, or fails to commence the work in the specified period / fails to execute the agreement; the department shall without prejudice to any other right or remedy, be at liberty to forfeit the amount of earnest money given in any form absolutely, if any Contractor, who having submitted a tender does not execute the agreement or start the work or does not complete the work and work has to be put to re-tendering, he shall stand debarred from participation in such re-tendering in addition to forfeiture of Earnest Money / Security Deposit and other actions under agreement, as per sub-clause 18.1. etc. Award of Contract The Engineer will award the Contract to the Contractor / Agency whose tender has been determined to be substantially responsive to the tender documents and who has attained the lowest evaluated tender price, provided that such Contractor has been determined to the eligible in accordance with the provision of the terms and conditions of the tender documents.
25
26 26.1
Notification of Award Prior to expiration of the original period of tenders validity prescribed by the Engineer, the Engineer will notify the successful Contractor / agency by registered letter that his tender has been accepted. This letter of acceptance shall name the sum which the Engineer will pay to the Contract or in consideration of the works by the Contractor as prescribed in the Contract (i.e. Contract price), date of signing the Contract agreement and date of start. Performance Security Within 15 days of receipt of notification award from the Engineer, the successful tender shall furnish to the Engineer performance security in any of the forms given below for an amount equivalent to 5% of the Contract price plus additional Earnest money for unbalanced tender price in accordance with the conditions of Contract with a validity of 120 days, for works upto Rs. 50 lacs and 210 days for works costing more than Rs. 50 lacs, beyond the date of completion of the work. A duly pledged deposit at call receipt from any scheduled bank. A demand draft on any scheduled bank An unconditional bank guarantee from any scheduled bank, in the prescribed format. Failure of the successful Contractor / agency to comply with the above requirements shall constitute sufficient grounds for cancellation of the award and forfeiture of the earnest money.
27
28
Arbitration As mentioned in the Conditions of Contract.
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CONTRACTORS TENDER: Description of the works: .
To
: THE EXECUTIVE ENGINEER ___RAI WATER SERVICES DIVISION, SONEPAT__
Address Sir, We offer to execute the work described above in accordance with the conditions of Contract accompanying this Tender for the Contract Price of Rs. (in figures) (in words).
This tender your written acceptance of it shall constitute a binding Contract between us. We understand that you are not bound to accept the lowest of any tender you receive. We herby confirm that this Tender complies with the Tender conditions, validity and Tender Security required by the Contract Documents. Your Faithfully, Authorized Signatory Name of Tenderer Address Income Tax Pan No 1. 2. : : : :
To be filled in before issue of the Tender Documents, by the tender issuing authority. To be filled in by the Tenderer, together with his particulars and date of submission at the bottom of the Form of tender.
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B. QUALIFICATION INFORMATION The information to be filled in by the Tenderer in the following pages will be used for purpose of post qualification as provided for in Clause 4 of the Qualification of Tenderers. This information will not be incorporated in the Contract. The Contractor may attach more pages if required. 1 1.1 For individual Tenderers. Constitution or legal status of Tenderer. (Attach copy) Place of registration: Principal Place of Business: Power of attorney of signatory of Tender (attach) 1.2 Total value of Civil Engineering 2007-08
Construction work performed in the Last Three years (in Rs. Lacs) 2008-09 2009-10 1.3
Work performed as prime Contractor (in same name) on works of a similar nature over the last Three years (from 2007-08 To 2009-10)
Project Name
Name of Employer/ Engineer work with full address
Description of work
Contract No.
Value of contact (Rs. In lacs)
Date of issue of work order
Stipulated period of competition
Actual date of completion
Remarks explainin g reasons for delay if any and if work complete d
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1.4
Information on Litigation and arbitration history in which the Tenderer is involved . (Attach more sheets if required) Employer/Engineer Cause of dispute Amount involved Remarks showing present status
Other party (ies)
1.5
Statement of compliance under the requirements of Sub clause 3.2 of the general rules
1.6
Proposed work method and schedule. The Tenderer should attach description, drawings and charts as necessary to comply with the requirements of the Contracts documents.
Additional Requirements
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Letter of Acceptance (Letter Head Paper Of The Engineer) Dated: To Dear Sir, (Name and address, of the Contractor)
This is to notify you that your tender dated for execution of (name of the Contract and identification number as For Rs. (amount in figures) Rs. (amount in words ), as corrected and modified in accordance with the instructions is herby, accepted by us / our agency. You are hereby requested to furnish performance security in the form detailed in Para 27 of. General rules for an amount equivalent to Rs. within 15 days of the receipt of this letter of acceptance and sign the Contract, falling which action as stated in Para 27 of General condition will be taken.
Yours faithfully
Executive Engineer
CC:
1. 2.
Chief Engineer for information. Superintending Engineer
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Issue of Notice to Proceed with the work (Letterhead of the Engineer) .. (Date) To (Name & Address of the Contractor) Dear Sirs, Pursuant to your furnishing the requisite performance security and signing of the Contract for the work of
at a Bid
Price of Rs. (Rupees only).
You are hereby instructed to proceed with the execution of said works in accordance with the Contract agreement.
Yours faithfully,
(Signature, name and title of Signatory authorized to sign on behalf of Engineer)
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AGREEMENT FORM (TO BE EXECUTED ON A NON JUDICIAL STEMP PAPER OF RS. 100/-) Agreement Deed This agreement, made on the day of 2011 between the Governor of Haryana, acting through [Name and address of Engineer] (hereinafter called the Engineer which expression shall, unless the Contract otherwise requires, be deemed to include his successors and assigns ) of the one part and [Name and address of Contractor] (hereinafter called the Contractor which expression shall unless the Contract otherwise requires, be deemed to include his successors and assigns) of the other part.
Whereas the Engineer is desirous that the Contractor executes (name and identification number of Contract ) (Hereinafter called the works) and the Engineer has accepted the Bid by the Contractor for the execution and completion of such works and the removal / remedying of any defects therein.
NOW, THEREFORE, THE AGREEMENT WITNESSETH as follows:
1. In this agreement, words and expression shall have the same meanings as are respectively assigned to them in the Section I i.e. General Section; Section II i.e. conditions of Contract; Section III i.e. Special Conditions of Contract; Section IV i.e. Contract Data and Section V i.e. Technical Specifications all of which are hereinafter referred to, as the Contract, and they shall be deemed to form and be and construed as part of this Agreement.
2. In consideration of the payments to be made by the Engineer to the Contractor as hereinafter mentioned, the Contractor herby covenants with the Engineer to execute and complete the works and remedy and defects therein conformity in all respects with the provisions of the Contract.
3. The Engineer hereby covenants to pay the Contractor in consideration of the execution and completion of the works in all respect in the Contract Price or such other sum as they become payable under the provision of the contract at the times and in the manner prescribed by the Contract. In witness whereof, this agreement is signed and executed by both the parties on the day, month and year aforementioned in the presence of the following witnesses;
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1.
Signature Name Designation Date
Signature Name
Designation Date
( For and on behalf of the Governor of Haryana)
2.
1.
Signature Name
Designation Date ( For and on behalf of the Contractor)
2.
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SECTION II
CONDITIONS OF CONTRACT
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SECTION II
CONDITIONS OF CONTRACT A. General 1. Definitions
1.1
Terms which are defined in the Contract Data are also defined in the Conditions of Contract but keep their defined meanings. Capital initials are used to identify defined terms.
BILL OF QUANITIES (BOQ) means the priced and completed Bill of Quantities forming part of the Tender Document. The COMPLETION DATE is the date of completion of the works. The CONTRACT DATA the Contract. defines the documents and other information which comprise
The CONTRACTOR is a person or corporate body whose tender to carry out the works has been accepted by the Engineer. The CONTRACT PRICE is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. DAYS are calendar days. DEFECT is any part of the works not completed in accordance with the Contract. The DEFECTS LIABILITY PERIOD is the period named in the Contract Data and calculated from the completion Date. The EMPLOYER is the Governor of Haryana acting through Executive Engineer, WATER SERVICES DIVISION The ENGINEER is the person named in the Contract Data (or any other competent person appointed and notified to the Contractor to act in replacement of the Engineer) who is responsible for supervising the Contract or administering the Contract, certifying payments due to the Contractor, issuing and valuing variations to the Contract, awarding extension of time, and valuing the Compensation Events. EQUIPMENT is the Contractors machinery, stores , shuttering , scaffolding, vehicles brought temporarily to the site to execute the works. The INITIAL CONTRACT PRICE is the Contract price listed in the Engineers letter of acceptance.
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The INTENDED COMPLETION DATE is the date on which it is intended that the Contractor shall complete the works, which is specified in the Contract Data. It may be revised only by the Engineer by issuing an extension of time. MATERIALS are all supplies, including consumables, used by the Contractor for incorporation in the works. PLANT is an integral part of the works having a mechanical, electrical, electronic, chemical or biological function. The SITE is the area defined as such in the Contract data. SITE INVESTIGATION REPORT is included in the Contract documents and is a factual interpretative report about the surface and sub-surface conditions at the site. SPECIFICATION means the Specification of the works included in the Contract Documents or any modification made therein subsequently which is approved by the Engineer of PWD specifications. START DATE is given in the Contract date. It is the date when the Contractor shall commence execution of the works. It does not necessarily coincide with any of the Site Possession Dates. TEMPORAY WORKS are works designed, constructed, installed and removed by the Contractor which are needed for construction or installation of the works. VARIATION is and instruction given by the Engineer which varies the Works. COMPENSATION EVENTS are those defined in Clause 37. GOVERNMENT means the Government of State of Haryana. COMPETENT AUTHORITY is the authority competent to exercise the financial powers as provided for, in the D.F.R. (Departmental Financial Rules) in respect of officers of Haryana Irrigation Department, of the Govt. of Haryana. The WORKS are what the Contract requires the Contractor to Construct, install and turn over to the Engineer, as defined in the Contract data. 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 meanings under the language of the Contract unless specifically defined. The Engineer will provide instructions clarifying querries about the Conditions of Contract. If sectional completion is specified in the Contract Data references in the Conditions of Contract to the Works, the Completion Date, apply to any section of the Work (other than references to the completion Date and Intended Completion Date for the whole of the works)
2.2
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2.3
The documents forming the Contract shall be interpreted in the following order of priority: (1) (2) (3) (4) (5) (6) (7) (8) (9) Agreement Letter of Acceptance, notice to proceed with the works Contractors Bid Contract Data Conditions of Contract Specifications Drawings Bill of Quantities and Any other document listed in the Contract data as forming part of the Contract.
3.
The language of the Contract and the law governing the Contract are stated in the Contract Data. Except where otherwise specifically stated, the Engineer will decide Contractual matters between the Engineer and the Contractor in the role representing the Employer. Communications between parties which are referred to in the conditions are effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act.) The Contractor shall only, with the approval or the Engineer in writing, sub-Contract a portion of the Contract. However the Engineer is not bound to accept the proposal for sub-Contracting. Sub- Contracting will not alter any of the Contractors obligations and responsibilities under the Contract. The whole work may be split up proportionately between two or more Contractors, who were original bidders, or accepted in part and not in entirety if considered expedient for which no claim for damages will be entertained etc. If the Engineer asks the Contractor to remove a person who is a member of the Contractors staff or his work force stating the reasons thereof, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract. Contractor shall deploy a Diploma Holder Construction Engineer for works upto Rs. 20 lacs and Graduate Engineer for works above Rs. 20 lacs for the period of Contract. All risks of loss or damage to physical property and of personal injury and death which arise during and in consequence of the performance of the Contract are the responsibility of the Contractor. The Contractor should have satisfied himself regarding the geological and hydraulic data in respect of the work. Engineer will not be responsible if any of the information mentioned in the site investigation report is found to be at variance with the site conditions during execution of the work, and consequences thereof, and nothing extra will be payable to the Contractor on this account.
4.
6.1
6.2
10
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11
The site for execution of the work will be made available as soon as the work is awarded In case, it is not possible for the Department to make the entire site available on the award of the work, the Contractor shall arrange his working Programme accordingly. No claim, whatsoever, for not giving, for not giving the site in full on award of the work or for giving the site gradually in parts will be tenable. The Contractor must satisfy himself regarding site, acquisition of land, earth lead, approach roads etc. The Contractor shall be required to make adequate dewatering arrangements to make the area dry for construction work. No separate payment shall be made to the Contractor for de-watering and the rates quoted by the Contractor for various items of B.O.Q. shall include the cost of dewatering. The Engineer will clarify queries on the Contract Data. The Contractor shall construct and install the works in accordance with the Specification and Drawings. The works are to be completed by the intended Completion Date. The Contractor will commence executing of the works on the Start Date and shall carry out the works in accordance with action Programme submitted by the Contractor, as updated with the approval of the Engineer and complete them by the intended Completion Date. The completion shall include making the site good and free from post construction maladies. Defect Liability period: will be provided in the Contract Data. The Contractor shall be responsible for the safety of all activities on the Site. Anything of historical or other interest of significant value unexpectedly discovered on the site is the property of the Engineer. The Contractor is to notify the Engineer of such discoveries and carry out the Engineers instructions for dealing with them. Dispute Redressal System:
12
13 14
15.1 15.2
16. 17. 18.
19.
There will be two Empowered Standing Committees to settle the claims one at the level of Chief Engineer for claims up to Rs. 10.00 lacs with following composition:(a) Chief Engineer, Coordination, H.I.D. or any other Chief Engineer appointed by the Government. (b) (c) One official member not below the rank of Superintending Engineer; and One non-official member who will be technical expert of SE level selected by the claimant from the panel of three persons given to him by the Employer.
- 27 19.1 If any dispute or difference of any kind whatsoever shall arises in connection with or arising out of this Contract or the execution of works or maintenance of the works there under, whether before its commencement or during the progress of works or after the termination abandonment or breach or the Contract, it shall, in the first instance, be referred for settlement of claims not exceeding Rs. Ten lacs to the committee headed by Chief Engineer. The Committee shall, within the period of 45 days after being requested in writing by the Contractor to do so, convey its decision to the Contractor. Such decision in respect of every matter so referred shall, subject to review as there in after provided, be final and bindings upon the Contractor. In case the works is already in progress the contractor shall proceed with the execution of the works, including maintenance there of, pending receipt of the decision of the Committee as aforesaid with all due diligence. Either party will have the right of appeal against the decision of the Committee to the Empowered standing Committee, claims exceeding Rs. Ten lacs will be directly referred to the empowered standing committee. The composition of the empowered standing committee will be:(a) (b) (c) One official member, Chairman of the Standing Empowered Committee not below the rank of Additional Secretary to the State Government. One official member not below the rank of Chief Engineer, and One non-official member of who will be technical expert of Chief Engineers level selected by the Contractor from a panel of three persons given to him by the Employer. The Contractor and the Employer will be entitled to present their case in writing duly supported by documents. If so requested, the Standing Empowered Committee may allow one opportunity to the Contractor and the Employer for oral arguments for a specified period. The Empowered Committee will given its decision within a period of 90 days from the date of appeal, failing which the contractor can approach the appropriate Court for the resolution of the dispute. The decision of the Standing Empowered Committee will be binding on the Employer for payment of claims up to five percent of the Initial Contract Price. The contractor can accept the decision; he is not barred from approaching the courts. Similarly, if the Employer odes not accept the decision or the Standing Empowered Committee above the limit of five percent of the Initial Contract Price, he will be free to approach the court applicable under the law. Any party taking recourse of dispute redressal system will have to deposit 2% of the claim amount in the form of any unconditional FDR pledged in the name of the Engineer and refundable only in case the decision goes in favour of the claimant. In view of the provision of clause on dispute Redressal System there will be no arbitration for the settlement of any dispute between parties. Instructions The contractor shall carry out all instructions of the Engineer which comply with the applicable laws where the site is located. Environmental Safeguards The Contractor Shall, throughout the execution and completion of the work and the remedying of any defects therein, take all reasonable steps to protect the environment of the site and to avoid damage or nuisance to person or to property of the public or others.
19.2
19.3
19.4
20.
21.
------------------------Signature of Enginee
- 28 B. TIME CONTROL 22.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer, a Programme showing the general methods, arrangements, order and timing for all the activities in the Works, for his approval. An update of the Programme shall be a Programme showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work including any changes to the sequence of the activities. The Contractor shall submit to the Engineer, for approval, an updated Programme at intervals no longer than the period stated in the Contract data. If the Contractor does not submit an updated Programme within this period, the Engineer may withhold the amount stated in 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. The Engineers approval of the Programme shall not alter the Contractors obligations. The Contractor may revise the Programme and submit it to the Engineer again at any time. A revised Programme is to show the effect of Variations and Compensation Events. The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work and which would cause the Contractor to incur additional cost. The Engineer shall decide whether and by how much to extend intended Completion Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of a Compensation Event of Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed t co-operate in dealing with a delay, the delay by this failure shall not be considered in assessing the new intended completion Date. The Engineer may instruct the Contractor to delay the start or progress of any activity within the works. Either the Engineer or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure.
22.2
22.3
22.4
23.1
23.2
24
25.1
- 29 25.2 The Engineer shall record the business of the management meeting and is to provide copies of his record to those attending the meeting and to the competent authority. The responsibility of the parties for actions to be taken is to be decided by the Engineer either at the management meeting or after management meeting and stated in writing to all who attended the meeting. The Contractor shall issue early warnings to the Engineer at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work increase the Contract price or delay the execution of works. The Engineer may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract price and completion date. The estimate is to be provided by the Contractor as soon as reasonably possible. The Contractor shall co-operate with the Engineer and consider proposals of how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Engineer.
26.1
26.2
- 30 C. QUALITY CONTROL
27 Identifying Defects The Engineer shall check the Contractors work and notify the Contractor any Defects that are found. Such checking shall not affect the Contractors responsibility. The Engineer may instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer considers may be defective. 28 Tests 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 has, the Contractor shall pay for the test and any samples. If there is no Defect the test shall be a Compensation Event, and the cost shall be borne by the department. Correction of Defects The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability period, which begins at completion and is defined in the Contract Data. The defects liability period shall be extended or as long as Defects remain to be corrected. Whenever a notice of a Defect is given, the Contractor shall correct the notified defect within the length of time specified by the Engineers notice.
29. 29.1
29.2
30
Uncorrected Defects: In the event of the Contractor failing to remedy the Defects, or remove the inferior quality material that he Contracted for, within a period specified by the Engineer, in his demand, then the Contractor shall be liable to pay compensation which shall be determined by the Engineer, depending on the nature of defect, provided that it shall not exceed the amount which will be required to set it right, by the Engineer himself or through an outside agency whichever is higher. If the contractor has not corrected the defects within the time specified in the Engineers notice, the Engineer will assess the cost of having the Defects corrected and the contractor will pay this amount.
30.1
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D. COST
CONTROL
31. Bill of Quantities 31.1 The Bill of Quantities shall contain items for the construction, installation, testing and commissioning work to be done by the Contractor. 31.2 The Bill of Quantities is used to calculate the Contractors Price. The Contractor is paid for the quantities of the work done at the rate in Bill of Quantities for each item. Changes in the Quantities If total cost of work exceed by more than 5% and individual quantity for any particular item exceed by more than 50% , the further execution will be done on the already approved rates after approval by the competent / sanctioning authority. The Engineer shall have the power to make any alterations, omissions or addition to, or substitutions for, the original specification, drawings, designs and instructions that may appear to him to be necessary during the progress of the work and the Contractor shall carry out the work in accordance with any instructions which may be given to him in writing signed by the Engineer and any such alterations, omissions, additions or substituted work, which the Contractor may be directed to do in the manner, as specified above as part of the work, shall be carried out by the Contractor on the same conditions in all respects on which he agreed to do the main work. The time for the completion of the work shall be extended in the proportion that the cost of the altered, additional or substituted work bears to the original Contract Work and the decision of the Engineer shall be conclusive to such a proportion. The rates for such altered, additional or substituted work under this clause shall be worked out in accordance with the following provisions in their respective orders.
32. 32.1
33
33.1.1 If the rates for the reduced, altered, additional or substituted works, are specified in the Bill of Quantity the Contractor is bound to carry out the reduced, additional, altered or substituted work at the same rates as are specified in the Contract. 33.1.2 If the rates for the altered, additional or substituted work are not specifically provided in the Contract for the work, then such rates will be derived from the rates for a similar class of work as are specified in the Contract for the work. 33.1.3 If the rates for the altered, additional or substituted work can not be determined in the manner specified above, then the rates for such work / item shall be worked out on the basis of the Haryana Schedule of Rates plus / minus the percentage of the total tendered amount vis--vis the estimated cost of the entire work put to tender. 33.1.4 If the rates for such work cannot be determined in any of the manners specified above, then the Contractor shall, within seven days of being ordered to carry out such alteration, addition or substitution, provide to the Engineer with a quotation for carrying out such work supported by an analysis of the rate or rates claimed. This will be carried out only after the approval of the Competent Authority. However the Engineer by notice in writing will be at liberty to cancel his order to carry out such class of work and arrange to have it done in such a manner as be considers feasible. ------------------------Signature of Contractor ------------------No of Corrections ------------------------Signature of Engineer
- 32 33.1.5 If the Contractors quotation is un-responsive the Engineer may order the variation and makes a change to the Contract price which shall be based on Engineers own forecast of the effects of the variation on the Contractors Costs.
33.1.6 It will be the responsibility of the Engineer and the competent authority to ensure that there is no delay in carrying out the work. 33.1.7 Notwithstanding what has been stated above, the Contractor shall not be entitled to any additional payment for costs which could have been avoided by giving early warning. 34 If requested by the Engineer, the Contractor will provide to the Engineer the detailed cost breakdown of any or all Bill Of Quantity items within the period specified. Cash flow Forecast Whenever the Programme is updated, the Contractor is to provide the Engineer with an updated cash flow forecast. Payment Certificates
35. 35.1 36.
36.1
The Contractor shall submit to the Engineer monthly statements of value of works, he considers himself entitled to, less cumulative amount certified previously, within 10 days of close of month. The Engineer shall check the Contractors monthly statement within 21 days of receipt and certify the amount to be paid to the Contractor. Before certifying so, he shall ensure that all measurements and check measurements have been carried out. The value of work executed shall be determined by the Engineer. The value of work executed shall comprise the value of the quantities completed as per the Bill of Quantities. The value of work executed shall include the valuation of variation, and compensation events. The Engineer 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 later information. The progressive rates will be paid in running account bills subject to accounting of quality control tests. The Contractor shall be deemed to have waived all claims, not included in his monthly statement, for the varied works alleged to have been executed in the month for which the monthly statement is being submitted and shall have no right to enforce any such claim not included, at any subsequent date, accordingly within 21 days of receipt of claim.
36.2
36.3 36.4
36.5
36.6
36.7
36.8
- 33 37 37.1 Compensation Events The Contractor shall not be entitled to compensation to the extent that the Engineers interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
The following are Compensation Events, for the purpose of extension in time only, unless they are caused by the Contractor: 37.2.1 The Engineer, during the currency of the work, orders a delay beyond 30 days on any account. 36.2.2The Engineer instructs the Contractor to uncover or to carry out additional tests upon works, which is then found to have no defects. 36.2.3The Engineer gives an instruction for dealing with an unforeseen Condition caused by the Engineer or additional work required for safety or other reasons. 36.2.4The Engineer unnecessarily delays issuing a certificate of completion. 36.2.5Other Compensation events as given in Contract Data. 37.3 If a Compensation event would cause additional cost or would prevent the work being completed before the intended Completion Date, the Intended Completion Date extended and / or the Contract price shall be increased. The Engineer shall, with the approval of the Competent Authority decide whether and by how much the Intended Completion Date be extended and by how much the Contract price shall be increased.
37.2
37.3.1 No compensation would be payable due to non-availability of closure of a canal. If the closure is not made available within the Intended Completion Date, the Contractor will have the option to complete the works, with the permission of Competent Authority, in the extended period subject to escalation @ 1% for the value of work being executed in the extended period. 37.4 As soon as information demonstrating the effect of each Compensation Event as per the Contractors estimate has been provided by the Contractor. It is to be assessed by the Engineer (with the approval of the competent authority) and the Contract Price shall be adjusted accordingly, If the Contractors estimate is deemed unreasonable, the Engineer shall adjust the rates and the Contractor will react competently and promptly to the event. Notwithstanding the determination or non-determination of the extension of Intended Completion Date and / or the adjustment of the Contract Price, the Contractor will, with all due diligence comply with any instructions of the Engineer to complete any additional work assigned to him in relation to the Contract. Taxes/ Levies / Less etc. The rates quoted by the Contractor shall be deemed to be inclusive of the rates and other taxes on all material that the Contractor will have to purchase and use for performance of this Contract. Deduction shall be made from every bill on account of Income Tax at the rate of 2% + Education Cess + surcharge thereon or in accordance with the pronouncement by the Government from time to time as applicable. Deduction shall also be made from every bill on account of Sales tax at source @ 4% + surcharge thereon or as amended from time to time by the Government of Haryana. Deduction shall also be made from every bill on account of Building & other Construction worker (Regulation of employment & conditions of service) Cess Act-1996 at source @ 1% of the cost or as amended from time to time by the Govt. of Haryana. ------------------No of Corrections ------------------------Signature of Engineer
37.5
38. 38.1
38.2
38.3
38.4
- 34 39. 39.1 Retention The Engineer shall retain from each payment due to the Contractor such proportion as stated in the Contract Data until completion of the whole of the works. On completion of the whole of the Works, half of the total amount retained will be repaid to the Contractor and balance half will be paid when the Defects liability Period has passed and the Engineer has certified that all Defects notified by the Engineer to the Contractor before the end of this period have been corrected. Liquidated Damages In case of failure to execute the work within stipulated period unless stated to the contrary elsewhere, amount of liquidated damage for the whole of work is 0.05% of the estimated value per day subject to maximum 10% of value for the work / final Contract. However no liquidated damages will be levied in case period for completion of the work is extended on prorate basis on account of increase in quantities of the work beyond what was stipulated in Bill of Quantity.
39.2
40
41. Securities The Performance Security shall be provided to the Engineer not later than the date specified in the Letter of Acceptance and shall be issued in an amount and form and by a bank or surety acceptable to the Engineer, and denominated in Indian Rupees. The Performance Security shall be valid until the date of issue of Defects Liability Certificate. 42. Cost of repairs 42.1 Loss or damage to the works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at his own cost if the loss or damage arises form the Contractors acts or omissions. 42.2 Provided that the above shall apply even if the works or materials may have been earlier inadvertently passed, certified and paid for. Mobilization Advance Mobilization advance up to maximum limit of 5% of agreement price can be considered within 30 days of agreement against unconditional Bank Guarantee of scheduled Bank. The contractor is to use the mobilization advance for equipment, plant, material and mobilization expenses required specifically for execution of work. The contractor should demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Engineer. The advance shall be rapid by deducting proportionate amount in lump-sump or in three installments from the running bills.
43. 43.1
- 35 E. FINISHING THE CONTRACT 44. Completion The Contractor shall request the Engineer to issue a Certificate of Completion of works and the Engineer will do so upon deciding that the Work is completed, within 21 days of the receipt of request. 44.1 Taking Over The Engineer shall take over the Site and the Works within seven days of the issuing a Certificate of Completion. 45. Final Account 45.1 The Contractor shall supply to the Engineer a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects liability period. The Engineer shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 90 days of receiving the Contracts account if it is correct and complete. If it is not, the Engineer shall issue within 90 days a schedule that states and scope of the corrections or, additions that are necessary. If the amount payable to the Contractor and issue a payment certificate. 45.2 Final payment shall be released after testing of channel after running for its full supply for 30/60 days. If any defect is noticed during test running, the same shall have to be rectified by the Contractor at his own cost. 46. Termination 46.1 The Engineer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.
46.2 Fundamental breach of Contract include (a) The contractor stops work for 28 days when no stoppage of work is shown on the current program and the stoppage has not been authorized by the Engineer. The Engineer instructs the Contractor to delay the progress of the work and the instruction is not withdrawn within 28 days. The Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Engineer, and The Contractor does not maintain a Security, which is required. If the Contractor in the judgment of the Engineer has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this paragraph Corrupt Practices means the offering, giving, receiving or soliciting of anything of value to influence the acting of a public official in the procurement process or in Contract execution. Fraudulent Practices means a misrepresentation of facts in order to influence a procurement process or the execution of a Contract to the detriment of the Engineer, and includes collusive practice amongst bidders (prior to and after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Engineer of the benefits of free and open competition.
(b)
(c)
(d) (e)
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46.3 Notwithstanding convenience.
the
above,
the
Engineer
may
terminate the
Contract
for
46.4 If the Contract is terminated, the Contractor shall stop work immediately, make the site safe and secure and leave the site as reasonably possible. 47. Payment upon Termination 47.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer shall issue a certificate for the value of the work done less advance payments received upto the date of the issue of the certificate and less the percentage to apply to the work not completed as indicated in the Contract Data. Additional Liquidated Damages shall not apply. If the total amount due to the Engineer exceeds any payment due to the Contractor, the difference shall be a debt payable to the Engineer. 47.2 If the Contract is terminated at the Engineers convenience or because of a fundamental breach of Contract by the Engineer, the Engineer shall issue a certificate for the value of the work done including the reasonable cost of removal of equipment, repatriation of the Contractors personnel employed solely on the works and the Contractors cost of protecting and securing the works and less advance payments received upto the date of the certificate.
48. Property All materials on the Site, Plant, Temporary Works and Works are deemed to be property of the Engineer, if the Contract is terminated because of a contractors default.
49.
Release from Performance If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Engineer 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 works carried out afterwards to which commitment was made.
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SECTION III
SPECIAL CONDITIONS OF CONTRACT
- 38 SECTION III SPECIAL CONDITIONS OF CONTRACT 1.1 The various works shall be done line to line level and grade. The periodical checking of these by the Engineer or Engineers representative shall not absolve the Contractor of his responsibility regarding their accuracy. In case of any deviation or discrepancy in line, level or grade at the meeting faces, the Contractor shall make good the discrepancy at his own cost and without any compensation for the additional work, if any involved Engineer shall further have right if need be to rectify the discrepancies and recover the cost from the Contractor. All materials before being incorporated in the work shall be inspected and if necessary tested before use by the Engineer. Any work on which such materials are used without approval and written permission of the Engineer is liable to be considered as defective and not acceptable. The day to day and periodical test to be carried out on materials mixes and placed concrete etc. shall be specified by the Engineer from time to time and the Contractor shall allow all the Facilities and cooperation towards collections of samples etc. All labour for collecting samples for test will be supplied by the Contractor free of cost to the Engineer. Testing charges shall be borne by the Engineer in case the test results are found satisfactory, otherwise the testing charge shall be borne by the Contractor. Transportation of work samples from samples from work site to and from the laboratory shall be arranged by the Contractor at his own cost. An authorized representative of the Contractor shall remain present at the time when the samples are taken and shall authenticate the facts, if so required. If the Contractors representative fails to be present as aforesaid, the samples or cores etc. as are taken by the Engineer or his representative shall be considered to be authentic. The Contractor will however be informed of the details of such samples having been taken. The materials, mixes the cores shall be tested day to day and periodically at the laboratory and the results given thereby shall be considered correct and authentic by the Contractor. The contractor shall be given access to all operations and tests that may be carried out as aforesaid so that he may satisfy himself regarding the procedure and method adopted. It shall then be the Contractors responsibility to produce on the works, materials and finished item to the standards based on the laboratory design and tests. The methods of sampling and testing and procedures and standards shall be laid down by the Engineer from time to time. The quality and quantity of material shall be the responsibility of the contractor, irrespective of the test results being good.
2.1
2.2
2.3
2.4
2.5
2.6
- 39 3.1 Arrangement of Water and Electric Power required by the contractor for the work shall be made by him at his own cost. Engineer will however recommend to State Electricity Board (HVPN) for giving the Connection and power to the contractor however the Engineer will bear no responsibility in this respect. Contractor shall not be allowed to start the work till Engineer-in-charge is satisfied with the proper arrangement of good quality water for execution of work including curing for 28 days. For this the Contractor shall have to construct water storage tanks of sufficient capacity. No extra payment shall be made on this account. Any delay in execution of work due to non-availability of sufficient water will be responsibility of the Contractor. The contractor shall not set fire to any standing jungle trees, bush wood or grass without a written permission from the Engineer. When such permission is given and also in all cases when destroying of dug trees, brush wood, grass etc. by fire the Contractor shall take necessary measures to prevent such fire spreading to or otherwise damaging surrounding property. Any damage caused by the spreading of such fire, whether in or beyond limits of the Engineers property shall be made good by the Contractor within a period specified by the Engineer or in default the amount of the damage shall be recovered by the Engineer from the Contractors bill as damages or deducted by any other duly authorized officer from any sums that may be due or become due from the Employer to the Contractor under the Contract or otherwise. The Contractor shall bear the expenses of defending any action or law proceedings that may be brought by any person by injury sustained owing to neglect of precautions to prevent the spread of fire and shall pay any damage, and cost that may be awarded in consequence. The Contractor shall himself procure and employ his own machinery and equipment for the work under Contract with him. The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions and no claim of the Contractor will be entertained by the Engineer on this account. A site order book shall be kept on the site of the work. As far as possible, all order, regarding the work are to be entered in this Book. All entries therein shall be signed by the Engineer or his authorized representative and the Contractor or his authorized representative. In important cases, the Engineer will countersign the entries which have been made. The site order book shall not be removed from the work site except with the written permission of the Engineer in charge and the Contractor or his representative shall be bound to take note of all instructions and directions meant for the Contractor as entered in the site order book without having to be called on separately to note them. The authorized representative of the Engineer shall submit periodically copies of the remarks in the site order book to the Engineer for record and to the Contractor for submitting compliance report.
3.2
4.1
4.2
4.3
4.4
5.
6.
7.
- 40 8. The Contractor shall confirm to the regulations, byelaws or any other statutory rules made by any local authority or by the Government and shall protect and indemnify the Engineer against any claims or liability arising from or based on the violations of any such laws, ordinance, regulations orders and decrees etc. The contractor shall make his own arrangement for supply of materials including cement and steel. The contractor shall be responsible for all transportation and storage of the materials at site and shall bear all the related costs. The Engineer shall be entitled at any time to inspect or examine all such materials. The Contractor shall provide reasonable assistance for inspection or examination as may be required. The Contractor shall keep and accurate records for use of materials like cement and steel used in the works in a manner prescribed by the Engineer. Large stock of cement shall not be kept at the works but only sufficient quantities shall be kept to ensure continuity of the work. The Contractor shall provide and maintain efficient water proof storage sheds for cement on the site of work. It shall be stacked on the platform 30 cm. above the floor level and shall be covered with tarpaulin or any other impervious covering. Material in order to protect the cement bags from moisture. The cement shall be neatly stacked in an orderly manner so as to allow an easy access and count. The arrangement of storage and utilization shall be such as to ensure the utilization of cement in order of its arrival at the stores and the Contractor shall maintain satisfactory records which would at any time show the date of receipt and proposed utilization of cement lying in the stores at site. The contractor shall comply with all labour laws, rules and regulations thereof as applicable from time to time in respect of the labour engaged directly or indirectly on the work by him or through his sub Contractor. The Contractor shall, so for as reasonable practicable, having regard to local conditions, provide on the site, to the satisfaction of the Engineers Representative an adequate supply of drinking and other water for the use Contractors staff and work people. At every workplace at which 50 or more women workers are ordinarily employed there shall be two huts for use by children under the age of 6 years belonging to such women. One hut shall be used for infant to play and other for bed rooms. The huts shall not be constructed on a lower standard than the following: 1. 2. 3. Thatched roofs over Tin roofs. Mud floors and walls of Bricks. Plants spread over the mud floor and covered with matting. The huts shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision of sweepers to keep the places clean. Adequate arrangement for toilet facilities and fuel be made by Contractor for labour at site.
9.1
9.2
9.3
10
11
12
- 41 14. For works costing over Rs. 50 Lacs, the Contractor shall also construct and equip at his cost a working office with electricity arrangement for site Engineer. The Contractor shall pay not less than fair-wages to the labour engaged in his work directly by him or through his sub-Contractor. Fair wage would mean the wage, whether for the whole or piece work, as notified from time to time and where such wage prescribed by the District Authorities of the district in which the work is done. The Engineer concerned shall have the right to deduct from the money due to Contractor any sum required or estimated to be required for making good the loss suffered by a worker or worker or workers by reason of non-fulfillment of the condition of Contract for the benefit of the workers. Vis--vis the Haryana Government, the Contractor shall be primarily liable for all payments to be made under and for the observances of the rules, regulations and labour law without prejudice to his right to claim indemnity form his sub-Contractor.
15.
16.
17.
17
Force Majeure: Neither party shall be liable to each other, for any loss or damages, occasioned by or arising out of acts of God such as unprecedented floods, volcanic eruptions, earthquakes or other invasion of nature and other such acts.
- 42 -
SECTION-IV
CONTRACT DATA
- 43 SECTION IV CONTRACT DATA Item marked N/A does not apply in this Contract. The following documents are also part of the Contract: Clause Reference
The Schedule of Operating and Maintenance Manuals The Schedule of Other Contractors The Schedule of key Personnel
The Employer is Name: Governor of Haryana through CHIEF ENGINEER, DELHI 3, Shamnath Marg, Delhi YWS (SOUTH),
Address:
Name of the Engineer:
EXECUTIVE ENGINEER, DIVISION, SONEPAT
RAI
WATER
SERVICES
Address:
Canal Colony, Bandepur Sonepat.
Name of Authorized Representative: S.D.O. Samalkha________________ The name and identification number of the contract of (Insert name and number as indicated in the Invitation for Tenders) The works consist of (Brief summary, including relationship to either Contracts under the project) The intended start Date shall be: Seventh day from the date of issue of letter to proceed with the work. (It cannot be guaranteed that the work will be started immediately after the tenders have been received or decided. Though all efforts will be made to start the works within the period specified in the Contract yet no claims for increase in rates will be entertained if orders for starting the works are delayed due to any cause, unless as specified in the Contract.)
The intended completion date for the whole of the works shall be upto 30.06.2011.
- 44 Milestone dates:
Milestone dates 1 i.e. 25% Date in ____ days (All works upto a value of 25%) Milestone dates 1 i.e. 50% Date in ___ days (All works upto a value of 50%) Milestone dates 1 i.e. 100% Date in _____ days (Complete work)
The following documents also form part of the Contract: The contractor shall submit a Programme for the works within 10 days of delivery of the Letter of Acceptance. The period between Program update shall be 60 days. The site Possession Dates shall be within 10 days of execution of Contract. The site is located at : On river Yamuna at Bilaspur Complex
And is shown in drawing no. .
The defects Liability period shall be 90 days for works costing upto Rs 50 lacs and 180 days for works costing above Rs. 50 lacs, except for pucca works, for which it shall be 1 year from the date of issue of completion certificate. The minimum insurance cover for physical property, injury and death is Rs 5.00 (lacs) per occurrence, with the number or occurrences limited to four. After each occurrence, Contractor will pay additional premium necessary to make insurance valid for four assurances always. Engineer will be indemnified against any risk. Insurance will be taken in joint names of the Engineer and Contractor and a copy will be lodged with the Engineer. The following events shall also be Compensation Events. (Cross out if not applicable) 1. 2. 3. 4.
- 45 -
The Proportion of payments retained (retention money): 6% from each bill subject to a maximum of 5% of the tender amount. The liquidated damages for the whole of the works are Rs. _____/- per day Mile stone I : Rs _________ /- per day Mile stone II : Rs. ________/- per day Mile stone III Rs. _______/- per day
The maximum amount of liquidated damages for the whole of the works is 10% of final Contract price. The Performance Security shall be for the following minimum amounts equivalent as a percentage of the Contract price;
(a) (b)
Bank Guarantee (insert amount and number) Other forms (insert amount and number)
% to apply to the value of the work not completed as per clause 47.1 shall be 20%.
Jurisdiction of Court In the event of any matter concerning this contract, the Competent Court shall be the court having jurisdiction over the place where the agreement was executed.
- 46 -
SECTION V
TECHNICAL SPECIFICATIONS
- 47 SECTION V TECHNICAL SPECIFICATIONS: 1. 1.1 Temporary Bench Marks: Before starting the work, the details of location of GTS/Permanent Structure values of nearest permanent bench marks shall be obtained by the Contractor from the Engineer in writing. Temporary Bench Marks/Reference Pillars shall be constructed by the Contractor for day use as per directions of Engineer-in-charge. Values of GTS Bench Marks/Permanent Structure shall be transferred to temporary bench marks/reference pillers by double leveling by the Contractor as per directions of the Engineer-in-charge. No separate payment shall be made to Contractor for the above work. The rate quoted for excavation of earth shall include the charges. Cleaning and Preparation of work area: Jungle and vegetation growth and other objectionable material on the canal shall be cleared sufficiently beyond the proposed toe of the bank by the Contractor as per direction of the Engineer-incharge. Any tree cut having girth more than 30 cm. shall become property of the Engineer / department. No separate payment shall be made to the Contractor for this item. The rate for excavation under the Contract shall include the cost of cleaning and preparation of the work area. Initial Field Levels: Initial field levels after jungle cutting and stripping shall be recorded at every 250 ft in the measurement book by the Engineer in presence of Contractor or his authorized agent or representative before placement of earth. These levels shall be signed by the Contractor or his authorized agent/representative. Earth Work: Surface Stripping / Site Clearance Earth work shall be carried out and finished in accordance with the approved drawings or as ordered by the Engineerin-charge. Before placing the earth fill, the surface area of ground that will be covered by earthwork shall be cleared of trees and bushes, and the surface shall then be ploughed over. Jungle clearance of any kind shall be done by the Contractor at his own cost. When there is appreciable slope in the existing surface (in excess of 1:4) the ground shall be trenched or stepped as directed by the Engineer-in-charge.
1.2
2. 2.1
2.2
2.3
3. 3.1
4 4.1 (a)
(b)
- 48 (c) No separate payment shall be made to Contractor for this item. The rate of excavation under Contract shall include the cost of the work. Borrow-pits No borrow-pits shall be dug within 5 meters of the toe of the final section of the embankment. All borrow-pits shall be dug to one feet depth, unless allowed in writing by the Engineer-in-charge; no borrow-pits shall be greater than 30 Cm. in depth. If earth is not available within the normal lead, it will be borrow or brought from any other source by the Contractor for which no additional payment shall be made by the Engineer. No compensation shall be paid by the Engineer for the earth borrowed or any crops damaged by the Contractor.
4.2 (a)
(b)
(c)
4.3 (a)
Filling: All mud, slush and decayed or other vegetation shall be excluded from the filling and clods or earth broken upto a size smaller than a mens fist. Filling shall be started from the outer edge working in towards the centre in slightly concaved layers. The bank shall be laid to the full width including side slopes in layers not exceeding 25Cm. in thickness. Filling in approaches to bridges in backing of abutments shall proceed evenly with the masonry.
(b)
(c)
4.4
Excavation in Cutting: All cuttings shall be taken out carefully to the precise dimensions shown on the drawing or as ordered by the Engineer-in-charge .In case, the bottom of the cutting has been taken out deeper than necessary by oversight or negligence of the Contractor, the hollow shall be filled in at the cost of the contractor if desired by the Engineer-in-charge. The filling shall be done with hard material like sand, mud, concrete, kankar or ballast etc. Nothing shall be paid for cutting made in excess of the desired profile.
4.5 (a)
Compaction: Earthwork for compaction zone shall be free from Kallar/ Alkaline / expansive soils, grass and shrubs etc. Earthwork shall be placed in continuous layers of not more than 25 Cm. thickness and compacted in accordance with the criteria specified by the Engineer-in-charge with respect to the placement moisture content and the Dry Bulk Density of soil desirable after compaction on the basis of standard compaction test. Subsequent layers shall be placed only after the finished layer has been tested and accepted by the Engineer-in-charge. Where width of layer is sufficient, compaction shall be done mechanically and compaction equipment approved by the Engineer-in-charge shall only be employed.
(b)
(c)
- 49 (d) Where width of layer is not sufficient and there is small slice of earth, compaction shall be done manually by applying durmat vertically and by making horizontal steps at small regular intervals as directed by the Engineer-in-charge. Adequate provision shall be made for the lip cutting as per the approved design. Field Density Tested shall be made for each compacted layer at every 100 meters. Dry Bulk density (D.B.D.), so tested shall not be less than 95% of the maximum D.B.D. as determined in the laboratory. All structures adjacent to the earth fill shall be suitable protected against displacement or other damage during the earthwork operation. Profiles: Profiles of 3 meters length of the designed embankment indicating finished portion as per approved design shall be set up at every 100 meters by the Contractor before commencing the earth work for completing the banks. Ends of the profile banks shall be stepped so that proper bond shall be achieved with earth fill laid afterwards. No separate payment shall be made to the contractor for this item. The rate of excavation under Contract shall include the cost for setting up of profiles.
(e)
(f)
(g)
4.6 (a)
(b)
4.7
No extra payment shall be made to the Contractor on account of removal of hard soil, Slush/ duldul, dewatering or lowering of subsoil water, if any. In entirely cutting reaches where all earth work for embankment is available from the internal digging of the channel, measurement will be based on the earthy dug below ground level. In case where earth is taken partly or fully from the borrow-pits, bank measurement will be followed. Final measurement will be based on the completed bank measurements after compaction as specified.
4.8
4.9
4.10 For the measurements of the lip cutting any width beyond 1.0 shall not be measured for payment. However, Contractor shall keep minimum 1.0 width of lip cutting as specified.
- 50 5.1 (a) reparation of Sub Grade: The sub grade shall be perfectly true in profile as per approved design of the channel and according to the correct levels longitudinally so as to form a firm compacted bank for the lining. To ensure correct formation of the sub-grade, 30 cm. wide profiles shall be bug true to the bed levels and side slopes at 7.5 meters intervals longitudinally. Bricks shall be fixed in these profiles at suitable distance apart so that the top surface of the bricks is flush with the designed formation level of the sub grade. While dressing the sub-grade no extra cutting shall be allowed or accepted and in case any extra cutting is done, it shall be treated as specified in Para 5.2 above. The sub-grade in the length to be lined shall be thoroughly soaked with water without making it slushy to ensure that water penetrates to a depth of 30 Cm. in sandy soil and 15 Cm. in other soils so that it does not absorb moisture from the 10 mm thick mortar laid on sub-grade.
(b)
5.2 (a)
Bricks; 1 s t class well burnt brick measuring 22.86 Cm. x 11.11 Cm x 6.83 Cm. made from good earth free from saline deposits and sand moulded, free from flaws, cracks, chips, stones, modules or line or kankar and other blemishes, regular and uniform in shape & size, homogenous in texture and emitting a clear ringing sound on being struck shall be used. The bricks shall be properly stacked at the work site no stacks of bricks shall contain any pilla, under burnt bricks and any rejected bricks carted to site shall be separately stacked and removed from the work site immediately Bricks shall be soaked in potable steel tanks atleast two hour before use so that they shall not absorb moisture from the mortar. Brick shall be placed in the tanks by hand, one at a time and not thrown. The soaked bricks shall be placed on wooden planks to avoid earth being smeared on them. These bricks shall be kept moist by sprinkling water on them till they are actually consumed. Sand: (a) Fine sand with fineness modulus not less than 1.0 shall be used. The sand shall be hard, durable, chemically inert, clean and free from adherent coatings, particles of organic matter and shall not contain any appreciable amount of clay balls or pellets. Sand shall be stacked on wooden or brick or mud plastered platform and shall be so stored as to be adequately 0prtected from any admixture or clay dust or foreign matter. It shall be sieved before use to remove all kind of impurities, if any; in case of damp sand its quantity shall be increased suitably to allow for bulkage, as per direction of the Engineer-in-charge. Cement: Ordinary Portland cement conforming to the requirement of Indian standard 269-1976 bearing the ISI certification mark produced/manufactured and marketed by the reputed manufacturers (excluding mini-plants) holding valid license for use of ISI/BIS certification mark shall be used for which necessary proof in the form of a certificate from, the manufacturer shall be furnished by the Contracting agency.
(b)
(c)
5.3
(b)
5.4
- 51 5.5 Water: Water used in the construction work shall be reasonably clean and free from objectionable suspended material, vegetable or organic impurities, alkali, salts and other deleterious substances likely to cause efflorescence or which are likely to interfere with the setting of mortar or otherwise prove harmful to the work. 5.6 Mortar: Mortar shall be prepared in portable steel tanks by mixing the ingredients in the specified proportion by volume. The minimum necessary quantity of water shall be added to ensure that the mixed mortar can be used without the risk of joints remaining unfilled. At the same time, mortar shall be firm enough not to run out and shall be capable of being easily spread. Mortar shall be used as fresh as possible and in any case within the limiting period specified for each type of mortar. After the close of days work the mixing through and pans shall be thoroughly washed and cleaned.
5.7
Joints: The mortar shall be applied on the sides of the bricks before placing them in position. Each brick in the next row shall be pressed on the mortar and pushed forward with the hand so that mortar squeezes out of the top of the joint, thus ensuring their complete filling. The thickness of joints shall normally be 6 mm and shall not exceed 10 mm. All joints shall be tested and repaired properly and neatly. Also every brick laid shall be examined by striking it with a stick and any loose bricks shall be taken out and re-laid in fresh mortar.
6 6.1
Structures: General: All structures such as bridges cow ghats etc. shall be constructed according to the approved designs/drawings and specification. Where the strengthening of concrete and masonry in foundations and / or walls is involved, rub the old surface with wire bushes, nicked and grooves made in old masonry for proper bond. Before doing fresh work, slurry must be placed on the old surface to get proper bond with old work and as directed by the Engineer-in-charge. Earth work in foundation Before starting excavation in close proximity to an existing structure, trial pits shall be dug to ascertain the depth and nature of its foundation and no excavation shall be made which might endanger the stability of the structures without adequately timbering the sides of the cutting. Foundation trenches shall be excavated to the exact width of the widest part of the foundation, the sides of the trench shall be left plumb where nature of soil admits of it, but they shall be sloped back suitably where the soil shows a tendency to fall. No excavated material shall be placed within one meter or half the depth of excavation whichever is more form the edge of any trench.
6.2
6.3 (a)
(b)
- 52 (c) In case the excavation is made deeper or wider than shown in the approved drawings, the Contractor shall fill up at own expense the extra depth or width with concrete or coarse sand as the Engineer-in-charge may direct. The bottom of the foundation trenches shall be perfectly leveled both longitudinally and transversely and on completion shall be slightly watered and well rammed. The pumping out of the water accumulated due to rains, sub soil water or seepage from the canal shall be done by the contractor at his own expense and nothing extra shall be paid. Cement Concrete: Cement Concrete shall be prepared by mixing the ingredients of approved specifications in the specified proportions in a mechanical mixer. The measured quantity of the coarse aggregate, fine aggregate and cement for one batch, which shall not exceed the rated capacity of the mixer, shall be poured into the drum of the mixer while it is revolving. The water shall be added slowly upto the required quantity as per the desired consistency. Mixing of each batch shall be continued for at least two minutes in the drum and entire contents of the drum shall be discharged before recharging. (b) Concrete shall be placed in its final position as early as possible and shall be rodded or tamped to ensure that no hollow places are left. Such tamping shall be completed within 30 minutes of adding water to the cement. The concrete shall in no case be dropped, shot or tripped from a height greater than 1.20 meters to prevent segregation of coarse aggregate and mortar. Where-ever brick ballast is used it shall be broken to the size specified from 1 s t Class or 2 nd Class bricks or their bats or from dense over burnt bricks and it shall be soaked by heavily sprinkling with water for three hours before cement and sand is added. Concrete shall be cured after laying by being covered with gunny bags which shall be kept wet constantly till the water is released into the canal. Brick Masonry: Brick work shall consist of first class bricks laid in specified mortar. Brick required for brick work shall be soaked in stacks by profusely spraying the clean water at regular intervals for a period of not less than six hours so as to keep them wet to the satisfaction of the Engineer-in-charge. Sand and Cement used for preparation of the mortar shall be conforming to the specifications stipulated at Para No. 5.5 and 5.6 above respectively. Bricks shall be laid in English Bond with frogs upward. Half or cut bricks shall not be used except where necessary to complete the Bond. All horizontal joints shall be parallel and truly level. All vertical joints shall be truly vertical and shall come directly over one another in alternate course. The thickness of the joints shall be 6.25 mm and shall not exceed 9.4 mm. All brick work shall be taken up truly plumb unless otherwise required in the drawing.
(d)
(e)
6.4 (a)
(c)
(d)
(e)
6.5 (a)
(b)
- 53 (c) The joints of the exposed brick work in each days work shall be struck by a separate mason following upto the brick layers. The joints shall be struck by the striking off the green mortar after the brick work has been laid and then finishing the joints with a pointing tool. Proper scaffolding shall be provided wherever required and the Contractor shall be solely responsible for the safety for the work and the labour. Brick work shall be protected from rain by suitable covering while it is green. Later on, it shall be kept moist on all the faces for a period of two weeks. The Contractor shall do the dismantling / demolishing in systematic manner. No unnecessary injury / damage shall be done to any part of the adjoining structure during dismantling. Any such damage shall be reinstated by the Contractor at his own expenses or as directed by the Engineer-in-charge. Measurement of the item is payable in cums.
(d)
(e)
6.6
6.7
Re-handling of Material Nothing extra shall be paid on account of re-handling of material, if involved, during execution of works under Contract. Any other item not covered here shall be executed strictly as per the approved design, drawing and specifications. For detailed specifications of various items of work, Haryana PWD specification, 1990 and relevant BIS/ISI codes shall be referred.
- 54 SPECIFICATION NO. 3.31 STONE BOULDERS

1.
Quality: Boulders shall be rounded or sub angular stones that have originated in place or have been transported by running water or ice. They shall be sound durable and free from laminations, soft spots, cracks and other defects.
2.
Size: The minimum diameter wherever specified, shall mean the least diameter of a boulder across its mid-section. Generally, large size boulders with minimum diameter not less than 6 inches (15cm) shall be used in all boulder work except where otherwise specified in this book. In case of hand-placed riprap of pitching, at least 50 per cent of the surface shall be of boulders which in depth are equal to the specified thickness of riprap. The remaining boulders shall have minimum weight not less than 40 1bs(18kg) and not less than 35 Kg in case of loose dumping. In the case of dumped riprap, boulder shall be reasonably well-graded in size ranging from cu. Ft. to cu. yd. (0.014 to 0.38 cu. Meters), with a maximum of 25 per cent smaller than cft. (0.014 cu metres) and a minimum of 30 per cent larger than 3 cft. (0.084 cu. Metres).
3.
Measurements: The boulders shall be stacked compactly on level ground in stacks not more than 3 ft. (0.9 metre) in height or such other height as may be prescribed by the Executive Engineer. The actual dimensions of stacks shall be measured and the total quantity reduced by 1/7th to arrive at the net quantity for payment. SPECIFICATION NO. 23.8 WIRE CRATES
Size: Generally size of wire crates shall be 8 feet x 4 feet x 4 feet (2.4 m x 1.2 m x 1.2 m). In shallow situations size may be increased whereas in deep and inaccessible situations the same may be decreased. Actual size of wire crates shall be as specified by the Engineerin-charge.
2.
Gauge of Wire: The crates shall be made from No. 8 S.W.G. M S Wire as specified by the Engineer-incharge. Unless otherwise specified the mesh of the gauge or crate shall be 6 inch x 6 inch (With size of crate 8x4x4).
3.
Weaving: The netting shall be made by fixing a row of spikes on a beam at spacing equal to the mesh. The beam must be little longer than the width of netting required. The wire is to be cut to lengths about three times the length of the net required. Each piece is bent at the middle round one of the spikes and the weaving commenced from one corner. A double twist shall be given at each intersection.
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4.
Bottom ends and sides: The bottoms and two ends of the crate shall be made at one time. The other two sides shall be made separately and shall be secured to the bottom and the ends by twisting adjacent wire together.
5.
Joining the sides: This twisting shall be carefully done by means of a strong iron bar; five half turns being given to the bar at each splice.
6.
Placing & Closing: Wherever possible, crates shall be placed in position before filling with brickbats, bricks or boulder as the case may be. The top shall be made separately and shall be fixed in the same manner as the sides after the crate has been filled. Where it is not possible to construct wire crates in situ, tipping of the same shall be resorted to. Filling of material: a) Bricks and Brickbats: Pucca third class bricks or pucca brickbats should be used No. kutcha or pilla brickbats shall be allowed to be used in filling. Jhama and overburnt bricks or brickbats shall be preferred. b) Boulders: Boulders used for filling shall generally conform to specification No. 3.31. No dimension of boulders shall be less than 6 inches (15 cm). No. boulder shall weigh less than 40 1bs. (18 kgs).
7.
8.
Filling to be hand packed: The crate shall be filled by carefully hand packing the material as tightly as possible and not by merely throwing in the same.
SPECIFICATION NO. 23.9 Dry Stone or Boulder Pitching 1. General: Stone riprap or dry stone pitching should be used for protection or slopes if suitable rock or boulders are available in sufficient quantities. Stone riprap or pitching should extend from the maximum water level, including allowance for wave action, down to about 3 feet (one metre) below the lowest expected draw down level for dams and dikes and one foot (30 cm) below the bed level in case of canals, channels and guide bunds etc., or as specified in the drawings. Where boulder pitching is protected by a flexible apron in the form of wire crates, the pitching shall be continued up to the bottom or the apron.
- 56 2. Types of Stone riprap: Stone riprap may be dumped or hand placed. Dumped riprap is cheaper and should be used where stone is plentiful. Its thickness should very from 18 inches (45 cm) to 5 feet (1.5 m) depend upon the slope, height, exposure, and wave action. Hand placed riprap may be more economical than dumped riprap in that a lesser thickness may be used. A thickness of 18 to 24 inches (45 to 60 cm) of well laid and durable stone riprap should be sufficient to withstand severe wave conditions. Type and thickness of riprap at site shall be as per drawings. 3. Dumped riprap: Boulder used in the dumped riprap shall conform to specification No. 3.31. If quarried stone is used, it shall be hard, dense and durable and not subject to slaking, solubility or rapid weathering. Boulders or stone pieces in the dumped riprap shall be reasonably well graded in sizes ranging from cubic feet to cubic yard (0.014 to 0.38 cu. Metres) with a maximum of 25 per cent smaller than cft. (0.014 cu. Metres) with a maximum of 30 per cent larger than 3 cft. (0.084 cu. Metres). Rock for such riprap shall be dumped preferably mechanically, and graded off in such a manner as to insure that the large pieces are uniformly distributed and the smaller rock fragments and spalls serve to fill the spaces between the larger rocks and in such a manner as will result in a reasonable smooth surface and a uniform layer of riprap of the thickness specified. Rock pieces larger than cubic yard (1/2 cubic metre) in volume may be allowed in the riprap, if embedded in place so that the top surfaces are at the established grade for the surface or riprap. The inclusion of objectionable quantities, as determined by the engineer-in-charge of loose dirt, sand and rock dust shall not be permitted. When the compacted soils of the underlying layer are of such gradation that there is danger of fines being washed out through the voids in the riprap, a layer or blanket of graded gravel shall be provided below the riprap. Unless otherwise specified, the thickness of the gravel layer shall be 6 to 12 inches (15 to 30 cm). 4. Hand placed riprap or pitching: Boulder used in the hand placed riprap shall conform to specification No. 3.31. If quarried stone is used itself consist of clean, hard, dense and durable rock fragments having roughly square or rectangular and reasonably flat exposed faces. Grading of boulders or quarried stones shall be such that at least 50 per cent of the surface shall be of boulders or stones which in depth are equal to the specified thickness of riprap. The remaining boulders or stones shall have minimum weight not less than 40 1bs. (18 kgs). Hand placed pitching or riprap should be of the same quality and appearance as dry rubble. It should consist of stones, which can be picked up and used by one man, laid on edge on a properly prepared and graded gravel bed of specified thickness. Stone of a flat stratified nature should be placed with the principal bedding planes normal to the slope. Joints should be broken as much as possible and joint openings to the underlying fill should be avoided by carefully arranging the various sizes of stones and by closing the openings with spalls, small rock fragments, or gravel. The placing methods and selection of sizes must be such as will insure pavements of reasonably smooth surface and uniform average thickness. The bottom or lower band of riprap on the upstream face of an earth dam should rest on a shoulder or berm in the embankment. The bottom course should be formed with headers twice as deep as the other stones and set into the bank in a trench at the inner edge of the berm. As for dumped riprap, a layer or cushion of graded gravel, 6 to 12 inches (15 to 30 cm) thick, shall be provided under the hand placed pitching where there is danger of lines being washed out form the underlying till.
- 57 FORM OF BANK GUARANTEE FOR BID SECURITY
WHEREAS [name of Bidder ](hereinafter called the Bidder) has submitted his Bid dated [date] for the construction of [name of Contract] (hereinafter called the Bid) KNOW ALL PEOPLE by these presents that We [name of bank] of [name of place] having our registered office at (hereinafter called the bank) are bound upto Executive Engineer [ name of Engineer] (hereinafter called the Engineer) in the sum of (A) for which payment well and truly to be made to the said Engineer , the bank binds himself, his successors and assigns by these presents. SEALED with the Common Seal of the Bank this day of 20 THE CONDITIONS of this obligation are: (1) If after Bid opening. The Bidder withdraws his Bid during the period of Bid validity specified in the form of Bid ; or If the Bidder having been notified of the acceptance of his Bid by the Engineer during the period of Bid Validity: (a) Fails or refuses to execute the form of Agreement in accordance with the instructions, if required ; or Fails or refuses to furnish the Performance Security, in accordance with instructions. Does not accept the correction of the Bid Price pursuant to Clause 27 Does not fulfill the qualification criteria as mentioned in the qualification information, and does not submit the requisite supporting or submits incomplete documents, when called upon to do so, within the period specified by the Engineer. Where it is discovered at any stage before and even during the currency of work, if allotted to the contractor, that he has made misleading or false statements in order to get the work allotted.
(2)
(b)
(c)
(d)
(e)
We undertake to pay to the Engineer the above amount upon receipt of his first written demand, without the Engineer having to substantiate his demand, and without cavil or argument, without his needing to prove or to show grounds or reasons for his demand for the sum specified. We hereby waive the necessity of the Engineer demanding the said debt from the Contractor before presenting us with the demand, provided that the Engineer will note that the amount claimed by him is due to the occurrence of any or more conditions, specified above.
- 58 -
This Guarantee will remain in force upto and including the date (B) days after the deadline for submission of Bids as such deadline is stated in the instructions or as it may be extended by the Engineer, notice of which extension(s) to the Bank is herby waived, Any demand in respect of this Guarantee should reach the Bank not later than the above date.
DATE SIGNATURE OF THE BANK
WITNESS
SEAL
[Signature, name and address]
(A)
The Bidder should insert the amount of the guarantee in works and figures denominated in Indian Rupees. This figure should be the same as shown in Column 4 of the table shown in the detailed notice inviting tenders. Days after the end of validity period of the Bid. No. of Days / Date should be inserted by the Engineer, before issue.
(B)
- 59 FORM OF PERFORMANCE BANK GUARANTEE To: The Executive Engineer, Division [Name of the Engineer] .[Address of the Engineer] Whereas ..[name and address of the Contractor] (hereinafter called the Contractor) has undertaken, in pursuance of Contract No. . Date . to execute [name of Contract and brief description of Works] (hereinafter called the Contract) And whereas it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized scheduled bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; And whereas we have agreed to give the Contractor such a Bank Guarantee; Now, therefore, we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of Rs. [amount of Guarantee] Rupees [in word] (1), such sum being payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sums or within the limits of Rs. [amount of guarantee] (1) 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 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 ay release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or Modifications. This guarantee shall be valid until the date of issue of the Defects Correction Certificate.
Signature and seal of the guarantor Name of Bank Address . Date (1) An amount is to be inserted by the Guarantor, representing the percentage of the Contract price specified in the Contract including additional security for unbalanced bids, if any and denominated in Indian rupees.
- 60 PROFORMA FOR BILLS OF QUANTITIES (B.O.Q.) Name of Division: Name of Work: RAI WATER SERVICES DIVISION, SONEPAT
Providing protection to Bilaspur Complex on River Yamuna after flood 2010 in district Panipat
Unit Quantity Rates in Figures Amount Words In Amount Rs] [In
Sr. No
1
Description of works /item Supply and carriage of stone boulders of requisite size from PTPS, Panipat to site of the work as per PWD specifications No. 3.31 read with 23.6 & 23.9 including loading, unloading, Sorting, stacking and re-handling if any. Supply of stone spall from approved quarry. Filling stone into wire crates duly hand packed Dry stone pitching on side slope Loose dumping of stone Weaving wire netting for wire crates including binding side and partition to make crate of size 8 x 4 x 4 ft of 4 mm dia M S Wire with 6" x 6" cm mesh including twisting and joining bottom, sides, ends and top including supply and carriage of M S Wire Earthwork excavation in ordinary soil Earthwork in excavation dressed including all allowances with an average lead of 495 Mtr Filling stone spall behind pitching
Cum
17982.00
Cum
14.00 7754.00 3228.00 7034.00
Cum
4 5 6
Cum Cum
Sqm
36928.00
Cum
1539.00
Cum
25745.00
Cum
14.00

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-1-

HARYANA IRRIGATION DEPARTMENT

ITEM RATE TENDER

Whether the land involved in the project area stands acquired?

-3HARYANA IRRIGATION DEPARTMENT TENDER NOTICE

to 171.00 3,42,000/Upto 30.06.2011 Rs. 15,000/-

Bilaspur Complex of River Yamuna after flood 2010 in District Panipat.

03:00 PM on 16.05.2011 in the office of the Executive

04:00 PM on 16.05.2011 in the presence of bidders. The

HARYANA IRRIGATION DEPARTMENT

ITEM RATE TENDER

11. 12. 13.

Estimated cost in lacs

15. 16. 17. 18.

Arbitration As mentioned in the Conditions of Contract.

CONTRACTORS TENDER: Description of the works: .

: THE EXECUTIVE ENGINEER ___RAI WATER SERVICES DIVISION, SONEPAT__

Name of Employer/ Engineer work with full address

Value of contact (Rs. In lacs)

Date of issue of work order

Stipulated period of competition

Actual date of completion

Remarks explainin g reasons for delay if any and if work complete d

Other party (ies)

Chief Engineer for information. Superintending Engineer

Price of Rs. (Rupees only).

(Signature, name and title of Signatory authorized to sign on behalf of Engineer)

NOW, THEREFORE, THE AGREEMENT WITNESSETH as follows:

Signature Name Designation Date

( For and on behalf of the Governor of Haryana)

Signature Name Designation Date

Signature Name Designation Date

Designation Date ( For and on behalf of the Contractor)

Signature Name Designation Date

16. 17. 18.

35. 35.1 36.

46.3 Notwithstanding convenience.

SPECIAL CONDITIONS OF CONTRACT

Name of the Engineer:

EXECUTIVE ENGINEER, DIVISION, SONEPAT

Canal Colony, Bandepur Sonepat.

And is shown in drawing no. .

- 54 SPECIFICATION NO. 3.31 STONE BOULDERS

- 57 FORM OF BANK GUARANTEE FOR BID SECURITY

DATE SIGNATURE OF THE BANK

[Signature, name and address]

14.00 7754.00 3228.00 7034.00

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: THE EXECUTIVE ENGINEER _RAI WATER SERVICES DIVISION, SONEPAT