nit & tender document 231

8/6/2019 NIT & Tender Document 231

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National Highways Authority of India

(Ministry of Road Transport & Highways, Govt. of India)Project Implementation Unit, Pandhurna

Shankar Nagar, plot No.344, Pandhurna - 480334Tel/Fax: 07164-220909, Email:[email protected]

NOTICE INVITING TENDER

(3rd Call)

The Project Director, National Highways Authority of India, PIU, Pandhurna, Shankar Nagar,Plot No.344, Pandhurna-480334 invites item rate bids from the eligible bidders forReconstruction of existing Minor Bridge in Km.231/600 including its approaches on Nagpur-Betul road section of NH-69 in Pandhurna town on NH-69 in state of Madhya Pradesh

SL. No. DescriptionEstimated

Cost(Rs. Lakhs)

Amount of BidSecurity

(Rs. Lakhs )

1Reconstruction of existing Minor Bridge inKm.231/600 including its approaches on Nagpur-Betul road section of NH-69 inPandhurna town on NH-69 in state of MadhyaPradesh

377.05 7.54

Schedule for tender: -

1) Tender fees:The request shall be accompanied with a Crossed Demand Draft for Rs.10,000/- in favourof National Highways Authority of India payable on any scheduled bank at


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Reconstruction of existing Minor Bridge in Km. 231/600 including its approachon Nagpur-Betul Road section of NH-69 in Pandhurna town on NH-69 in state ofMadhya Pradesh.

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Bid Security:-2% of the bid value in the form of demand draft from any Nationalized/Schedule Bank issued infavor ofNational Highways Authority of India payable at Pandhurna.

Contract performance guarantee:

The successful bidders will have to furnish contract performance guarantee equivalent to 10% ofcontract value as stated in the bid document.

Validity of the offers:The offer should be valid for a period of 90 days from the date of submission of bid.

Period of completion

Period of completionof works is 240 days from date of signing of agreement.

Eligibility Criteria:

The Contract shall be awarded to Contractor with relevant experience and required financial

strength. The interested party shall be a single firm meeting and possessing the eligibility criteriaas outlined below:-1) The Applicant must have valid registration with PWD in appropriate class to execute the

work costing more than Rs.400 lakhs.

2) To qualify for award of the contract, each bidder in its name should have the following: -

(a) Achieved an average annual financial turnover equivalent to the estimated cost duringlast three year ending 31st March of the previous financial year duly certified byChartered Accountant.

(b) Satisfactorily completed (not less than 90% of contract value), as a prime contractor (ori t d b t t d l d b E l id d f th th t ll th


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INSTRUCTIONSTO BIDDERS (ITB)

A. General1. Scope of Bid

1.1 The National Highways Authority of India invites bids for the Reconstruction ofexisting Minor Bridge in Km.231/600 including its approaches on Nagpur-Betul

road section of NH-69 in Pandhurna town on NH-69 in state of Madhya Pradeshas defined below

1.2 The work consists of -Reconstruction of existing Minor Bridge in Km.231/600 including itsapproaches on Nagpur-Betul road section of NH-69 in Pandhurna town on NH-69in state of Madhya Pradesh

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

2. Eligible Bidders


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(a) Achieved an average annual financial turnover equivalent to the

estimated cost during last three year ending 31st

March of theprevious financial year duly certified by Chartered Accountant.

(b) Satisfactorily completed (not less than 90% of contract value), as aprime contractor (or as a nominated subcontractor duly approvedby Employer, provided further that all other qualification criteriaare satisfied) at least one work of bridge costing not less than

Rs.200 lakhs during last five years ending last day of monthprevious to the one in which bids are invited in State /CentralGovernment Department undertaking/Public Sector Organizations.The certificate from officer not less than rank of ExecutiveEngineer or equivalent is required.

4) The applicant should have registration under MVAT/ Service Tax,

5) The applicant should have Permanent Account Number.

3.2 Bids from joint venture are not allowed.

3.3 Even though the bidders meet the above qualifying criteria, they are subject to bedisqualified if they have:

(i) made misleading or false representations in the forms, statements andattachments submitted in proof of the qualification requirements; and/or

(ii) record of poor performance such as abandoning the works, not properlycompleting the contract, inordinate delays in completion, litigation history, orfinancial failures etc. or debarring from NHAI work etc.


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B. Bidding Documents

7. 0 Content of Bidding Documents

7.1 The set of bidding documents comprises the documents listed below and addendaissued in accordance with Clause 10:

1. Notice Inviting Tender / Invitation for Bids

2. Instructions to Bidders

3 Forms of bid and Bank Guarantee4 Conditions of Contract

5 Rules for provision of health & sanitation

6. Technical Specifications

7 Schedule B

7.2 One set of the bidding documents will be issued to the bidder against thepayment.

7.3 The bidder is expected to examine carefully all instructions, conditions of


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9.0 Amendment of Bidding Documents

9.1 Before the deadline for submission of bids, the Employer may modify the biddingdocuments by issuing addenda.

9.2 Any addendum thus issued shall be part of the bidding documents and shall bewill be available on the notice board of NHAI, PIU Pandhurna and on NHAI Website and shall form part of the tender document.

C. Preparation of Bids

10.0 Language of Bid

10.1 All documents relating to the Bid shall be in English

11.0 Documents Comprising the Bid

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

Part I This shall be named Technical Bid (Envelop No. 1) which shall be hard bound andpages serially numbered and shall comprise of:

I For bidding documents downloaded from the website, the demand draft for the cost of the bidding documents must be placed in a separate cover, marked " cost of biddingdocument downloaded from the internet." and such demand draft for the cost of bid

document must be prepared on or before the last date of sale of bid document asmentioned in Bid Notice.

II. Earnest Money Deposit / Bid Security in a separate cover marked Earnest Money;


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12. Bid Prices

12.1 The Contract shall be for the whole Works, as described in Clause 1 ofInstructions to Bidder based on the offer submitted by the Bidder.

12.2 The bidder shall quote his offer in Tender Form (Deed of Undertaking) (PageNo.14) on Item rate basis (both in figures and words) for the Works described inthe Schedule B . Corrections, if any, shall be made by crossing out, initialling,dating and rewriting.

12.3 All statutory duties, taxes, royalties and other levies payable by the Contractorunder the Contract, or for any other cause, shall be included in the offer submittedby the Bidder.

13.0 The offer quoted by the Bidder shall be fixed for the duration of the Contract and shallnot be subject to adjustment.

14.0 Bid Validity

14.1 Bids shall remain valid for a period of 90 days after the deadline date for bidsubmission specified in Invitation for Bid. A bid valid for a shorter period shallbe rejected by the NHAI.

14.2 In exceptional circumstances, prior to expiry of the original time limit, the

Employer may request that the bidders may extend the period of validity for aspecified additional period. The request and the bidders responses shall be madein writing or by cable. A bidder may refuse the request without forfeiting his bidsecurity. A bidder agreeing to the request will not be required or permitted to


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15.5 The Earnest Money of the successful Bidder will be discharged when the Bidder

has signed the Agreement and furnished the required Performance Security. Ifdesired by the successful bidder Earnest Money shall be adjusted againstPerformance Security.

15.6 The Bid Security / Earnest Money will be forfeited:

a) if the Bidder withdraws the Bid after its submission during the period ofBid validity;

b) in the case of a successful Bidder, if the Bidder fails within the specifiedtime limit to

i. sign the Agreement; and/or ii. Furnish the required Performance Security.

16.0 Format and Signing of Bid

16.1 The Bidder shall submit one set of the bid comprising of the documents asdescribed in Clause 7 of these instruction to bidders, hard bound with the volumecontaining technical bid and financial bid in separate parts and clearly marked.

16.2 The Bid shall be typed or written in ink and shall be signed by a person or personsduly authorized to sign on behalf of the Bidder. All pages of the Bid shall besigned by the person or persons signing the Bid. The scanned signature is notacceptable. It will make the bid non-responsive.

16.3 The Bid shall contain no overwriting, alterations or additions, except those tocomply with instructions issued by the Employer, or as necessary to correct errors

d b h idd i hi h h i h ll b d b i


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before 1.10.2010 up to 15:00 hrs and shall be opened on the same day at 15:30

Hrs(if possible) in the presence of those bidders who may choose to be present.

17.2 The Financial bid should be submitted in hard bound form with page

numbering and index. Any additional information shall also be furnished by

the bidder in hard bound form with proper indexing and page numbering.

The details submitted in other forms like spiral bound form, loose form etc

would be rejected.

[Note: Hard Bound implies such a binding between two covers through

stitching or otherwise whereby it may not be possible to replace any

paper without disturbing the document]

18.0 Deadline for Submission of Bids

18.1 Complete Bids (including Technical and Financial) must be received by the(National Highways Authority of India (NHAI) at the address and time specifiedin Invitation For Bid. In the event of the specified date for the submission of bidsbeing declared a holiday for the Employer, the Bids will be received up to thespecified time on the next working day.

18.2 The NHAI may extend the deadline for submission of bids by issuing anamendment, in which case all rights and obligations of the NHAI and the bidders

previously subject to the original deadline will then be subject to the newdeadline.

19 0 Late Bids


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being declared a holiday for the Employer, the Bids will be opened at the

appointed time and location on the next working day.

20.3 The technical bids shall be evaluated based on the Eligibility Criteria specified inclause 3 and only the bidders qualifying in Technical Bid shall be considered foropening of Financial Bid.

20.4 At the time of the opening of the Financial Bid, the names of the bidders whoseTechnical bids are found responsive/ eligible will be announced. The financial

bids of only these bidders will be opened. The remaining bids will be returnedunopened to the bidders. The responsive bidders names, the Bid Percentage, anysuch other details as the NHAI may consider appropriate will be announced bythe NHAI at the time of Financial bid opening.

21.0 Process to be Confidential

21.1 Information relating to the examination, clarification, evaluation, and comparisonof bids and recommendations for the award of a contract shall not be disclosed tobidders or any other persons not officially concerned with such process until theaward to the successful Bidder has been announced. Any attempt by a Bidder toinfluence the Employers processing of bids or award decisions may result in therejection of his Bid

22.0 Examination of Bids and Determination of Responsiveness

22.1 During the detailed evaluation of Technical Bids, the Employer will determinewhether each Bid (a) meets the eligibility criteria defined above; (b) has been

l i d ( ) i i d b th i d iti d (d) i


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the Bidder does not accept the corrected amount, the Bid will be rejected, and the

Bid Security shall be forfeited.24.0 Evaluation and Comparison of Financial Bids

24.1 The Employer will evaluate and compare only the bids determined to besubstantially responsive / eligible.

F. Award of Contract25.0 Award Criteria

25.1 Employer will award the Contract to the Bidder whose Bid has been determined:i. to be substantially responsive / eligible to the bidding documents and who has

offered the lowest Bid amount.

26.0 Employers Right to Accept any Bid and to Reject any or all Bids

26.1 The NHAI reserves the right to accept or reject any Bid, and to cancel the biddingprocess and reject all bids, at any time prior to the award of Contract, without

thereby incurring any liability to the affected Bidder or bidders or any obligationto inform the affected Bidder or bidders of the grounds for the Employers action.

27.0 Notification of Award and Signing of Agreement.

27.1 The bidder whose Bid has been accepted will be notified of the award by theEmployer prior to expiration of the Bid validity period by cable, telex or facsimileconfirmed by letter. This letter (hereinafter called the Letter of Acceptance) willstate the sum (as per the offer quoted and accepted) that the NHAI will pay to theContractor in consideration of the execution and completion of the Works, asprescribed by the Contract (hereinafter and in the Contract called the Contract


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28.1 Within 10 (ten) days after receipt of the Letter of Acceptance, the successful

Bidder shall deliver to the Employer a Performance Security of Ten percent ofthe Contract Price, for the period of 28 days after the expiry of defect liabilityperiod of 12 months.

28.2 The performance security shall be either in the form of a Bank Guarantee or fixeddeposit Receipts or Demand Draft, in the name of the National HighwaysAuthority of India, from a Bank as applicable in case of earnest money / bidsecurity defined above.

28.3 Failure of the successful bidder to comply with the requirement of sub-clause 28.1shall constitute sufficient ground for cancellation of the award and forfeiture ofthe bid security / Earnest Money Deposit (EMD).

29.0 Advances

29.1 No advances shall be paid

30.0 Corrupt or Fraudulent Practices

The Employer will reject a proposal for award if it determines that the Bidderrecommended for award has engaged in corrupt or fraudulent practices in competing forthe contract in question and will declare the firm ineligible, either indefinitely or for astated period of time, to be awarded a contract with National Highways Authority ofIndia / State PWD and any other agencies, if it at any time determines that the firm hasengaged in corrupt or fraudulent practices in competing for the contractor, or inexecution.

The Employer requires the bidders/Contractors to strictly observe the laws against fraudd ti f d i I di l P ti f C ti A t 1988


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4. The contractor will have to make his own arrangement at his cost of supply of electricity

to the camp and work site as may be necessary and he will not be entitled to any extra paymentwhatsoever in this regard.

5. NHAI will not supply any material and machinery.

6. The Contractors should note that the quantities and items incorporated in tender scheduleare approximate and are subject to variations with no limits and not liable for the revision of rateon that count.

7. The NHAI reserves the right to impose any other conditions as deemed fit dependingupon the requirement of individual cases.

8. No escalation is payable.

10. No price preference in any terms shall be given to the bidder.


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DECLARATION & OFFER BY THE CONTRACTOR.(DEED OF UNDERTAKING)

TENDER FORM

(Item Rate Tender and Contract for Works)To

The Project DirectorNational Highways Authority of India,Project Implementation Unit,Pandhurna-480334.

I/We_____________________________________________________ here by tender for theexecution for the National Highways Authority of India (here in before and herein after referredto as "NHAI, Pandhurna") of the work specified in the under written memorandum within the

time specified in such memorandum at ___________________________________________(in figure as well as in words.) percentage below / above the estimated rate entered in

schedule "B" (memorandum showing items of work to be carried out) all in accordance with thespecifications, designs ,drawing and instructions as per the contract agreement.

0

MEMORANDUM

Name of work Reconstruction of existing Minor Bridge in Km.231/600 including itsapproaches on Nagpur-Betul road section of NH-69 at Pandhurna on NH-69 in state of MadhyaPradesh.


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I/We hereby distinctly and expressly declare and acknowledge that before the submission of thistender; I/We have carefully followed the instructions and read the specifications and proceduresin carrying it out such works.

I/We, have made examination of the contract documents and plan, specification & quantities andof the location where such work is to be done.

I/We distinctly agree that I/We would hereafter not claim / demand upon NHAI based upon or

arising out of any alleged misunderstanding or misconceptions or mistake on my/our part of thesaid contract, agreements stipulations, restrictions and conditions.

If upon written information to me/us by the NHAI, I/We fail to attend the office on the datetherein fixed and if upon intimation being given to me/us by the Project Director to theacceptance of the tender, I/We fail to make additional security deposit or fail to enter intoagreement as defined in contract on the tender notice, than I/We agree to the forfeiture of theearnest money deposit.

Any notice requested to be served on me/us shall be sufficiently served on me/us if delivered tome/us personally or forwarded to me/us posted registered or ordinary left at my/our addressgiven below:

I/We fully understand the terms and agreement contract to be entered in to with me/us and theNHAI and written agreement shall be foundations of the rights of the both parties and thecontract shall not be deemed to be complete until an agreement has been signed by me/us and

authorized Project Director of the work.

D t d thi d f 2010


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D E C L A R A T I O N

I hereby declare that I have made myself thoroughly conversant with local conditions regardingall materials and the labour on which I have based my rates for this work. The specification andleads of this work have been carefully studied and understood by me before submission of

tender. I undertake to use only the best of materials approved by Engineer / NHAI beforestarting the work and to abide by the decision.

Date: Signature of the Contractor


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FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY

To

National Highways Authority of IndiaG5 & 6, Sector 10DwarkaNew Delhi 110075

WHEREAS (name and address of contractor) thereinafter calledthe contractor has undertaken, in pursuance of Contract No. . Dated.. to execute.. (name of Contract and brief description ofWorks) (hereinafter called the contract).

AND WHEREAS it has been stipulated by you in the said contract that the Contractor shallfurnish you with a Bank Guarantee by a Nationalised/Scheduled bank of India for the sum

specified therein as security for compliance with his obligations in accordance with the Contract;

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

NOW THEREOF we hereby affirm that we are the guarantor and responsible to you on behalf ofthe Contractor, up to a total of Rs (amount of guarantee)(Rupees. (in words), such sum being payable in the types andproportions of currencies in which the Contract Price is payable, and we undertake to pay you,

upon your first written demand and without cavil or argument, any sum or sums within the limitsof .. (amount of guarantee) as aforesaid without your needing to prove or to showgrounds or reasons for your demand for the sum specified therein.


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In the presence of ..

1(Name of Occupation)

2(Name of Occupation)

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


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MODEL FORM OF AGREEMENT

AGREEMENT

This agreement made the ______________day of ____________________2010_____________________ between the National Highways Authority of India, New Delhi(hereinafter called the Employer of the one part and _________________ (here in after calledthe Contractor) of the other part.

AND WHEREAS the Employer invited bids from eligible bidders of the execution of certainworks, viz. Reconstruction of existing Minor Bridge in Km.231/600 including itsapproaches on Nagpur-Betul road section of NH-69 in Pandhurna town on NH-69 in state

of Madhya Pradesh.

AND WHEREAS pursuant to the bid submitted by the Contractor dated ____________ (here in

after referred to as the BID or FFER) for the execution of works, the Employer by hisletter of acceptance dated ___________ accepted the offer submitted by the Contractor for theexecution and completion of such works and the remedying of any defects thereon, on terms andconditions in accordance with the documents listed in para 2 below.

AND WHEREAS the Contractor by a Deed of Undertaking dated ________ has agreed to abideby all the terms of the bid, including but not limited to the amount quoted for the execution ofContract, as stated in the bid, and also to comply with such terms and conditions as may berequired from time to time.

AND WHEREAS pursuant to the bid submitted by the Contractor dated ___________________


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(e) Conditions of Contract including Special Conditions of Contract (if any)

(f) Specifications,(g) Drawings(h) Schedule B and Tender Form(i) Any other document listed in the Contract Data.

3. The foregoing documents shall be constructed as complementary and mutuallyexplanatory one with another. Should any ambiguities or discrepancy be noted thenEngineers decision shall be final & binding.

4. In consideration of the payments to be made by the NHAI to the Contractor as hereinaftermentioned, the Contractor hereby covenants with the NHAI to execute and complete theworks and remedy any defects therein in conformity in all respect with the provisions ofthe contract.

5. the NHAI hereby covenants to pay the contractor in consideration of the execution andcompletion of the works and the remedying of defects therein the contract price or such

other sum as may become payable under the provisions of the contract at the times and inthe manner prescribed by the contract.

IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the dayand year first before written.

The common seal of ___________________ was hereunto affixed in the presence of:Or

Signed, sealed and delivered by the said Employer through his Authorized Representative andthe said Contractor through his Power of Attorney holder in the presence of:


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In witness whereof the parties thereto have caused this Agreement to be executed the day and

year first before written.

The Common Seal of____________________________________________________________

was hereunto affixed in the presence of:

Signed, Sealed and Delivered by the said ____________________________________

______________________________________________________________________

______________________________________________________________________

in the presence of:

Binding Signature of Employer ____________________________________________

Binding Signature of Contractor ____________________________________________


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CONDITIONSOF CONTRACTA. General

1. Definitions

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

NHAI means the Employer National Highways Authority of India

Schedule B means the completed Bill of Quantities forming part of the Bid.

Tender Form means the form where bidder / contractor quotes his offer

Offer means the Percentage Rate quoted by the contractor in Tender Form.

The Completion Date is the date of completion of the Works as certified by the Engineer as perClause 6 of Conditions of Contract.

The Contract is the Contract between the NHAI and the Contractor to execute, complete, theWorks. It consists of the documents listed in Clause 7 to Instruction to Bidders.

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

The Contractor is a person or corporate body whose Bid to carry out the Works has beenaccepted by the Employer.


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The Employer is the National Highways Authority of India, who employs the Contractor to

carry out the Works. The Employer may delegate any or all functions to a person or bodynominated by him for specified functions.

The Engineer Project Director NHAI, PIU - Pandhurna (or any other competent personappointed by him and notified to the Contractor, to act in replacement of the Engineer) who isresponsible for supervising the execution of the Works and administering the Contract.

Engineers RepresentativeThe person nominated by the Engineer for supervision of works.

Equipment is the Contractor's machinery and vehicles brought temporarily to the Site toconstruct the Works.

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

The Intended Completion Date is the date on which it is intended that the Contractor shallcomplete the Works. The Intended Completion Date is specified in the Contract Data. The

Intended Completion Date may be revised only by the Engineer by issuing an extension of timeafter the approval from Employer.

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

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

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

Sit I ti ti R t th th t i l d d i th biddi d t d


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2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male alsomeans female or neuter, and the other way around. Headings have nosignificance. Words have their normal meaning under the language of theContract unless specifically defined. The Engineer will provide instructionsclarifying queries about these Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in theConditions of Contract to the Works, the Completion Date, and the IntendedCompletion Date apply to any Section of the Works (other than references to theCompletion Date and Intended Completion Date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order ofpriority:

(1) Agreement,(2) Letter of Acceptance, Notice to Proceed with the Work,(3) Contractor's Bid,(4) Contract Data,(5) Conditions of Contract including Special Conditions of Contract (if any)(6) Specifications,(7) Drawings(8) Schedule B and

(9) Any other document listed in the Contract Data as forming part of thecontract.

3 L d L


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B. Conditions of Contract

Performance Security & Retention Money

Clause-1 (a) The person/persons whose tender may be accepted (hereinafter called theContractor, which expression shall unless the context otherwise requires, includehis heirs, executors, administrators and assigns) shall pay Performance Security inDemand Draft or bank guarantee issued by scheduled/ nationalised bankequivalent to 10% of contract value and shall permit NHAI to deduct at 6 percent

of all moneys payable for work done under the Contract, limited to 5% of thecontract value as retention money, at the time of making such payments tohim/them and to hold such deductions as retention money .

Additional or Reduction in Performance Security.

(b) In cases where additions are made to the tendered work under the provisions ofClause-12, an additional amount of Performance Security at the rates mentioned

in Sub-clause (a) above should be paid by the Contractor. If a portion of the workis withdrawn from the Contractor under the provisions of Clause-14(a), aproportionate reduction in the amount of Performance Security may be allowedby the Project Director.

Dues to NHAI, to be set off against Performance Security.

(c) All compensation or other sums of money payable by the Contractor to NHAIunder the terms of this contract may be realized or deducted from anyPerformance Security payable to him or from the interest arising there from, orfrom any sums which may be due or may become due by NHAI to the Contractor


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PENALTY FOR DELAY

Written Order to Commence Work.

Clause 2. (a) After acceptance of the tender, the Project Director shall issue a written order tothe successful tenderer to commence the work. The Contractor shall enter uponor commence any portion of work only with the written authority and instructionsof the Project Director. Without such instruction, the Contractor shall have no

claim to demand for measurements of or payment for work done by him. TheContractor shall carry out the work under supervision of the NHAI or itsauthorized representative.

Program of work

(b) The time allowed for the Contractor as entered in the tender shall strictly observedwhile carrying out the work. It shall be reckoned from the date of handing over to

the Contractor. The work shall be proceeded with all due diligence throughout thestipulated period of the contract (time being deemed to be the essence of thecontract on the part of the Contractor). To ensure good progress during theexecution of the work, the Contractor shall be bound to comply with the timeschedule according to the programme of execution of the work as agreed uponand enclosed to the contract. In the absence of specific agreed programme, theContractor shall be bound to complete:

i) 15% of the work in 60 days.

ii) 30% of the work in 90 days.


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Apportioning of responsibility for delay between Contractor and NHAI.

In case the progress achieved falls short by more than 25 percent of the cumulativeprogramme, the reasons for such shortfall shall be examined and the necessaryaction to achieve the progress as per the schedule shall be taken byNHAI/Contractor.

Shortfall in progress made up subsequently

To the extent the shortfall is assessed, as due to the delay on the part of theContractor, a notice shall be issued to him by the Project Director to make up theshortfall in the succeeding month. If the shortfall is not made up before the reviewof the progress of the work in the succeeding month, the Contractor shall be liableto pay penalty as indicated in Clause-2 (d) below:

Grant of extension of time

If the delay is attributable to reasons beyond the control of the Contractor, requisiteextension of time shall be granted by the Project Director of the work in accordancewith Clause-5 wherever necessary.

(d) Penalty for delay:

In respect of the shortfall in progress, assessed as due to the delay on the part of

Contractor as per Clause 2(b) and 2(c), the Contractor shall be liable to pay aspenalty an amount equal to 1/2000 of contract price per day delay; provided alwaysthat the total amount of penalty to be paid under the provision of the clause shall not

d 5 t f th l f th t t f th ti k h i th


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ACTION WHEN WHOLE OF PERFORMANCE SECURITY IS

FORFEITED

Clause 3 - In any case in which under any Clause of this contract the contractor shall haverendered himself liable to pay compensation amounting to the whole of hisPerformance Security and Retention Money (whether paid in one sum or deductedby installment) or in the case of abandonment of the work owing to serious illnessor the death of the contractor or any other cause the Project Director on behalf of

the NHAI shall have power to adopt any of the following courses as the deem bestsuited to the interest to the interest of NHAI.

a) To rescind the contract (for which rescission notice in writing to thecontractor under the hand of Project Director shall be conclusive evidence)and in that case the Performance Security and Retention Money of thecontractor shall stand forfeited and be absolutely at the disposal of NHAI.

b) To carry out the work or any part of the work departmentally debiting thecontractor with the cost of the work expenditure incurred on tools andplant and charges on additional supervisory staff including the cost ofwork charged establishment employed for getting unexecuted part of thework completed and crediting him with the value of the work donedepartmentally in all respects in the same manner and at the same rates asif it has been carried out by the contractor under the terms of his contract.The certificate of the Project Director as to the costs and other allied

expenses so incurred and so to the value of the work so donedepartmentally shall be final and conclusive against the contractor.

) T d th t th k f th t t b d d t t k h


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departmentally or through a new contractor and other allied expensesexceeding the value of such work credited to the contractor, the amount ofexcess shall be deducted from any money due to the contractor by NHAIunder the contract or otherwise however, or form his performance securityand retention money or the sale proceeds thereof provided, however thatthe contract shall have no claim against NHAI, even if the certified valueof the work done departmentally or through a new contractor exceeds thecertified cost of such work and allied-expenses, provided always thewhichever of three courses mentioned in Clause (a), (b) or (c) is adopted

by the Project Director the contractor shall have no claim to compensationfor loss sustained by him reason of his having purchase or procured anymaterials or entered in any engagement, or made any advances an accountof or with a view of the execution of the work or the performance of thecontract.

Action against unsatisfactory progress

(d) If the Contractor does not maintain the rate of progress as required underclause-2and if the progress of any particular portion of work is unsatisfactory even aftertaking action under clause 2(c) and 2(d) the Project Director shall be entitled totake action underclause 3(b) or3(c) at his discretion in order to maintain the rate of progress after giving the Contractor 10 days notice in writing whereupon theContractor will have no claim for any compensation for any loss sustained by himowing to such actions.

No compensation for loss sustained on advance action

(e) In the event of any of the above courses being adopted by the Project Director, theC t t h ll h l i t ti f l t i d b hi b


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Performance Security and the liability of the Contractor for past and futurecompensation or penalty shall remain unaffected.

Power to take possession of or require removal of or sell Contractors

properties.

In the event of the Project Director of the work, taking action under sub-clause (a)or(c) of clause 3, he may, if he so desires, take possession of all or any tools, plant,materials and stores, in or upon works or the site thereof or belonging to the

Contractor, or procured by him and intended to be used for the execution of thework or any part thereof, paying or allowing for the same in account at the contractrates, or in the case of contract rates not being applicable, at current market rates, tobe certified by the Project Director whose certificate thereof shall be final. In thealternative, the Project Director may, after giving notice in writing to the Contractoror his clerk of the works, foreman or other authorized agent, require him to removesuch tools, plant, materials or stores from the premises within a time to be specifiedin such notice; and in the event of the Contractor, failing to comply with any such

requisition, the Project Director may remove them at the Contractors expense orsell them by auction or private sale on account of the Contractor and at his risk inall respect, and the certificate of the Project Director as to the expenses of any suchremoval, and the amount of the proceeds and the expenses of any such sale shall befinal and conclusive against the Contractor.

GRANT OF EXTENSION OF TIME

Clause-5 (a) If the Contractor shall desire an extension of the time for completion of the work onthe ground of his having been unavoidably hindered in its execution or on any otherground, he shall apply in writing to the Project Director before the expiration of the

i d ti l t d i th t d b f th i ti f 15 d f th d t


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all scaffolding, surplus materials and rubbish, shall have been cleaned thoroughly inor upon which the work has been executed, or of which he may have had possessionfor the purpose of executing the work, not until the works shall have measured bythe Project Director or where the said measurements being binding and conclusiveagainst the Contractor. If the Contractor shall fail to comply with the requirementsof this clause as to the removal of scaffolding, surplus materials and rubbish, andcleaning on or before the date fixed for the completion of the work, the ProjectDirector may, at the expense of the Contractor, remove such scaffolding, surplusmaterials and rubbish, and dispose of the same as he think fit, and clean off such

dirt etc., as aforesaid; and Contractor shall be liable to pay amount of all expensesso incurred, but shall have no claim in respect of any such scaffolding or surplusmaterials as aforesaid except for any sum actually realised by the sale thereof.

CLOSURE OF CONTRACT PENDING COMPLETION OF MINOR ITEMS

(b) In cases, where it is not desirable to keep the contract open for minor items,the main contract may be finalized after getting a supplementary agreement

executed in the prescribed form by the same Contractor for doing residual work.

Contract to submit bills in printed form

Clause 7 (a) A Bill shall be submitted by the Contractor after completion of the work as perprogramme of work indicated in clause 2(b) or for all items of work executed in theprevious month. All bills shall be prepared in the prescribed printed or typed formin quadruplicate and handed over to the Engineer / Engineers Representative for

verification with request to forward the bill to the Project Director of the work forpayments and acknowledgement be obtained. The charges to be made in the billsshall always be entered at the rates specified in the tender in full or in part as the

b I th f t k d d i f th


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Filing of objections to measurements by Contractor

(c) Before taking any measurement of any work as has been referred to in clause 7(b)above, the Project Director or a subordinate deputed by him in consultation withEngineer / Engineers Representative shall give reasonable notice to the Contractor.If the Contractor record fails to attend at the measurements after such notice or failsto countersign or to the difference, within a week from the date of measurement inthe manner required by the Project Director, then in any such event, themeasurements taken by the Project Director or by the subordinate deputed by him

as the case may be, shall be final and binding on the Contractor and the Contractorshall have no right to dispute the same.

(d) One copy of the passed bill shall be given to the Contractor without charge.

PAYMENT PROPORATIONATE TO WORK APPROVED AND PASSED

Clause 8 Payment at reduced rates

The rates for several items of works agreed to within shall be valid only when theitems concerned are accepted as having been completed fully in accordance withthe stipulated specifications. In cases where the items of work are not accepted asso completed, the Project Director may make payment on account of such items atsuch reduced rates as per reasonable recommendation of Engineer / EngineersRepresentative in the preparation of final or on account bills.

Payment of intermediate certificate is regarded as advances

All such intermediate payments shall be regarded as payments by way of advancei t th fi l t l d t t f k t ll d d


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Disputed items

The Contractor shall submit a list of the disputed items within 30 days from thedisallowance thereof and if he fails to do this, his claim shall be deemed to havebeen fully waived and absolutely extinguished.

Clause 9 DELETED.

Clause 10 DELETED.

DEFINITION OF WORK

Clause 11(a) The expression Work or Works where used in these conditions, shall unlessthere be something in the subject or context repugnant to such construction, beconstrued to mean the work or works contracted to be executed under or in virtue ofthe contract, whether temporary or permanent and whether original, altered,

substituted or additional.

Work to be executed in accordance with specifications, drawings, Orders etc.

(b) The Contractor shall execute the whole and every part of work in the most soundand substantial and workmanlike manner and strictly in accordance with thespecifications both as regards materials and workmanship laid down by ProjectDirector of the work or his representative. The Contractor shall also conform

exactly, fully and faithfully to the designs, drawings and instructions in writingrelating to the work signed by the Project Director and lodged in his office and towhich the Contractor shall be entitled to have access at such office, or on the site ofth k f th f i ti d i ffi h d th C t t h ll


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to him to be necessary or advisable during the progress of the work. For thatpurpose or if for any other reason it shall in his opinion be desirable, he shallhave power to order the Contractor to do and the Contractor shall do any or allof the following: -

a) Increase or decrease the quantity of any work included in the contract.

b) omit any such work

c) Change the character or quality or kind of any such work.

d) Change the levels, lines, positions and dimensions of any part of the work.

e) Execute additional work of any kind necessary for the completion of theworks and

f) Change in any specified sequence, methods or timing of construction of

any part of the work.Contractor bound by Project Director Instructions.

The Contractor shall be bound to carry out the work in accordance with anyinstruction in this connection which may be given to him in writing signed by theProject Director or Engineer and such alteration shall not in any way vitiate orinvalidate the contract.

Orders for variation to be in writing

(ii) N h i ti h ll b d b th C t t ith t d i iti f


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Rate for excess quantity of tendered quantity

(b) The Additional quantity that exceeds the tendered quantity shall be paid at the ratesentered in the contract only and other or derived rates from the Schedule of Rateswill not be applicable.

Rates for additional substituted, altered items of work

(c) If the additional substituted or altered work includes any class of work for which norate is specified in the contract, then such work shall be carried out at the ratesspecified for or derived from similar items of work in the agreement. In the absenceof similar items in agreement, rate shall be as specified for or derived from similaritems in the schedule of rates of the PWD prevalent at the time of execution of suchadditional substituted or altered items of work, plus or minus the overall percentageof original tendered rates over the current schedule of rates of the year in which

tender is accepted as mentioned in sub clause (b) above. With regard to the questionwhether the additional, substituted or altered item/ items of work/ works is/ aresimilar or not, to that/ those in the agreement/ in the schedule of rates of the PWD,the decision of the Project Director shall be final and binding on the Contractor.

Determination of rates for items not found in Estimate or Schedule of Rates.

(d) If the rates for additional, substituted or altered work cannot be determined in the

manner specified in sub clause (c) above, then the Contractor shall within 7 days ofthe date of receipt by him of the order to carry out the work, inform the ProjectDirector of the rates which it is his intention to charge for such class of work,

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to be carried out at all or (ii) not to be carried out by the tendered Contractor, heshall give notice in writing of the fact to the Contractor who shall thereuponsuspend or stop the work totally or partially as the case may be. In any such case,except as provided hereunder, the Contractor shall have no claim to any payment ofcompensation whatsoever on account of any profit or advantage which he mighthave derived from the execution of the work in full but which he did not so derivein consequence of the full amount of the work not having been carried out, or onaccount of any loss that he may be put on account of materials purchased or agreedto be purchased or for unemployment of labour recruited by him. He shall not also

have any claim for compensation by reason of any alterations having been made inthe original specifications, drawings, designs and instructions, which may involveany curtailment of the work, as originally contemplated.

Labour charges during stoppage of Work

(b) If the Contractor suffers any loss on account of his having to pay labour chargesduring that period during which the stoppage of work has been ordered under this

clause, the Contractor shall on application, be entitled to such compensation onaccount of labour charges as the Project Director, whose decision shall be final,may be consider reasonable. Provided that the Contractor shall not be entitled toany compensation on account of labour charges if in the opinion of the ProjectDirector, the labour could have been employed in the same locality by theContractor for the whole or part of the period during which the stoppage of thework has been ordered as aforesaid.

Time limit for stoppage of work

(c) The period of stoppage ordered by the Project Director should not ordinarily exceedi th Th ft th ti f k t d b t t d d l t d f


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the fact that the work, materials or articles complained of may have been paid for,the part, as the case may require, or if so required shall remove the materials orarticles at his own charge and cost and in the event of this failing to do so within aperiod to be specified by the Project Director or Engineer in the written intimationaforesaid, the Contractor shall be liable to pay a penalty not exceeding one percentof the amount of the estimate for every month not exceeding ten percent duringwhich the failure, so continues, and in the case of any such failure, Project Directoror Engineer may rectify or remove, and re-execute the work or remove and replacethe materials or articles complained of, as the case may be at the risk and expense in

all respects of the Contractor. Should the Project Director for any valid reasonsconsider that any such inferior work or materials also as described above is to beaccepted or made use of, it shall be within his discretion to accept the same at suchreduced rates he may fix therefore.

WORK TO BE OPEN TO INSPECTION- CONTRACTOR OR

RESPONSIBLE AGENT TO BE PRESENT

Clause 16-(a) All work under or in course of execution or executed in pursuance of the contractshall all times be open to inspection and supervision of the Project Director orEngineer and the contractor shall at all times during the usual working hours and allother times at which reasonable notice of the intention of the Project Director andEngineer and his subordinate to visit the work shall have been given to thecontractor or his agent duly accredited in writing present to receive the order forthat purpose. Orders given to the contractor's duly authorized agent shall beconsidered to have the same force and effect as it they has been given to the

contractor himself.

Employment of technical staff


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(c) If the Contractor fails to employ the technical staff as aforesaid, he shall be liable topay a sum of Rs.15,000/-(Rupees Fifteen thousand only) for each month of defaultin the case of Graduate Engineers and Rs. 10,000/- (Rupees Ten thousand only) foreach month of default in case of Diploma holders.

(d) If the Contractor himself possess the required qualification and is available at thesite for receiving instruction from the Project Director vide Sub-clause (a) above itwill be substituted for one of the technical staff to be available at site for receivinginstructions.

NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

Clause 17. The contractor shall give not less than 5 days notice in writing to the ProjectDirector or Engineer of the work before covering up or otherwise placing beyondthe reach of measurement any work in order that the same may be measured andcorrect dimensions there of taken before the same is so covered up or place beyondthe reach of measurement any work without the consent in writing of Project

Director or Engineer of the work, and if any work shall be covered up or placedbeyond the reach of measurement, or without such notice having been or consentobtained the same shall be uncovered at the contractors expense and in default thereof no payment or allowance shall be made for such work or for the materials withwhich the same was executed

CONTRACTOR LIABLE FOR DAMAGE DONE, AND FOR

IMPERFECTIONS FOR TWELVE MONTHS AFTER CERTIFICATE OF

COMPLETION

Clause 18 If the Contractor or his workmen or servants shall break, deface, injure or destroyt f b ildi i hi h th b ki b ildi d f


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assisting in the measurement or examination at any time and from time to time ofthe work or the materials. Failing this, the same may be provided by the ProjectDirector at the expense of the Contractor and the expense may be deducted fromany money due to the Contractor under the contract or from his PerformanceSecurity or the proceeds of sale thereof, or of a sufficient portion thereof. TheContractor shall provide all necessary fencing and lights required to protect thepublic from accident, and shall also be bound to bear the expense of defense ofevery suit, action or other legal proceedings that may be brought by any person forinjury sustained owing to neglect of the above precautions, and to pay any damages

and costs which may be awarded in any suit, action or proceedings to any person, orwhich may with the consent of the Contractor be paid for compromising any claimby any such person.

ISSUE OF PLANT AND MACHINERY ON HIRE

Clause 20 Deleted

Measures for prevention of fire

Clause 21 The Contractor shall not set fire to any standing jungle, brushwood or grass withouta written permit from the Project Director. When such permit is given, and also inall cases when destroying cut or dug up trees, brush wood, grass etc by fire, theContractor shall take necessary measures to prevent such fire spreading to orotherwise damaging surrounding property.

Liability of Contractor for any Damages done in or outside work area

Clause 22 Compensation for all damages done by Contractor or his men whether in or beyondli it f NHAI t i l di d d b di f fi


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Work not to be sublet

Clause 25 (a) The Contractor shall not assign or sublet the contracts. However, any specificportion of the work which is of a specialized nature and not all/not executable by ageneral Contractor could be got done by the specialized agencies which areexecuting such works, after obtaining the specific approval of the Project Directorin writing in each case. Such consent to sublet the work, if given, shall not relievethe Contractor from any liability or obligation under the contract and he shall beresponsible for the acts, defaults and neglects of any sub-Contractor or his agents

servants or work on as fully as if they were the acts, defaults or neglects of theContractor, his agents, servants or workmen.

Consequences of subletting work without approval, becoming insolvent, bring etc.,by Contractor and action against the Contractor.

If the Contractor shall assign or sublet his contract or any portion thereof withoutthe specific approval of the Project Director or attempts to do so or become theinsolvent or commence any proceedings to get himself adjudicated as insolvent or

make any composition with his creditors or attempts so to do or if any bribe,gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise, smalleither directly or indirectly be given promised or offered by the Contractor or any ofhis servants or agents to any public officer or person in the employment of NHAI inany way relating to his office or employment or if any such officer or person shallbecome in any way directly or indirectly interested in the Contractor the ProjectDirector may thereupon by notice in writing rescind the contract, and thePerformance Security of the Contractor shall thereupon stand forfeited and beabsolutely at the disposal of NHAI, and the same consequences shall ensure as ifthe contract had been rescinded under Clause 3 hereof and in addition, theContractor shall not be entitled to recover or be paid for any work actually


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Change in classification of excavations accepted not permitted:

Once the measurements mentioning the classification of the excavations arerecorded in the measurement book and the Contractor signs the same or hisauthorized agent intention of acceptance, no request for reclassification by theContractors shall be entertained.

Sum payable by way of compensation to be considered as reasonable compensationwithout reference to actual loss

Clause 26 All sums payable by Contractors by way of compensation under any of theseconditions shall be considered as reasonable compensation to be applied for the useof NHAI without reference to the actual loss or damage sustained and whether anydamage has or has not been sustained.

APPROVAL NECESSARY FOR CHANGING THE CONSTITUTION OF A

FIRM OR BEFORE ENTERING INTO PARTNERSHIP AGREEMENT CONSEQUENCES OF NOT OBTAINING PRIOR APPROVAL.

Clause 27 Where the Contractor is a partnership firm, the previous approval in writing fromNHAI shall be obtained before any change is made in the constitution of the Firm.Where the Contractor is an individual of a Hindu undivided familybusiness/concern such approval as aforesaid shall likewise be obtained before theContractor enters into any partnership agreement where under the partnership firm

would have the right to carry out the work hereby undertaken by the Contractor. Ifthe previous approval as aforesaid is not obtained, the contract shall be deemed tohave been assigned in contravention ofClause 25 hereof and the same action maybe taken and the same consequences shall ensure as provided in the said Clause 25


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(a) In case of Dispute or difference arising between the Employer anda domestic contractor relating to any matter arising out of orconnected with this agreement, such disputes or difference shall besettled in accordance with the Arbitration and Conciliation Act,1996.

(b) The Arbitral Tribunal shall consist of three Arbitrators one each to be appointed by the Employer and the Contractor. The thirdArbitrator shall be chosen by the two Arbitrators so appointed bythe Parties, and shall act a Presiding arbitrator. In case of failure of

the two arbitrators appointed by the parties to reach upon aconsensus within a period of 30 days from the appointment of thearbitrator appointed subsequently, the Presiding arbitrator shall beappointed by the Council, Indian Roads Congress.

(c) If one of the parties fails to appoint its arbitrator in pursuance ofsub-clause (a) and (b) above within 30 days after receipt of thenotice of the appointment of its arbitrator by the other party, then

the Council of Indian Road Congress shall appoint the arbitrator.A certified copy of the order of the Council of Indian RoadCongress making such an appointment shall be furnished to eachof the parties.

(d) Arbitration proceedings shall be held at Nagpur, India, and thelanguage of the arbitration proceedings and that of all documentsand communications between the parties shall be English.

(e) The decision of the majority of arbitrators shall be final andbinding upon both parties. The cost and expenses of Arbitration


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Contractor to pay compensation under workmens compensation act

Clause 29. (a)The Contractor shall be responsible for and shall pay any compensation to hisown workmen payable under the Workmens Compensation Act, 1923 (VIII of1923) (hereinafter called the said Act) for injuries caused to the workmen.

If such compensation is paid by NHAI as principal under sub-section (1) of section12 of the said Act on behalf of the Contractor, it shall be recoverable by NHAI fromthe Contractor undersub-section (2) of the said Section. Such compensation shall

be recovered in the manner laid down in Clause 1 above.Contractor to pay expenses for providing medical aid to workmen

(b) The Contractor shall be responsible for and shall pay the expenses of providingmedical aid to any workman who may suffer a bodily injury as a result of anaccident. If such expenses are incurred by NHAI, the same shall be recoverablefrom the Contractor forthwith and be deducted without prejudice to any other

remedy of NHAI, from any amount due or that may become due to the Contractor.

Contractor to provide personal safety equipment, first aid apparatus, treatment

etc.

Clause 30 The Contractor shall provide all necessary personal safety equipment and first aidapparatus for the use of the persons employed on the site, and shall maintain thesame in good conditions suitable for immediate use, at any time and shall comply

with the following regulations in connection there with: -

(i) The workers shall be required to use the equipment so provided by theC t t d th C t t h ll t k d t t t f


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Employment of donkeys and other animals.

(b) No Contractor shall employ donkeys or other animals with breaching of string orthin rope. The breaching must be at least three inches wide and should be of tape.

(c) No animals suffering from sores, lameness or emaciation or which is immature shallbe employed on the work.

(d) The Contractor shall provide potable drinking water facilities to the workers.

Removal of persons or animal not satisfying conditions (a) to (c)

(e) The Project Director is authorized to direct the removal or to remove through hisown agency, from the work any person or animal referred to in sub-clauses (a) to(c) above not satisfying these conditions and no responsibility shall be acceptedNHAI for any delay caused in the completion of the work by such directions forremoval.

Payment of fair and reasonable wages by Contractor

(f) The Contractor shall pay fair and reasonable wages, which shall not be less than theminimum wages fixed by Government of Maharashtra from time to time to theworkmen employed by him in the contract undertaken by him. In the event of anydispute arising between the Contractor and his workmen on the ground that thewages paid are not fair and reasonable the dispute shall be referred without delay to

the Project Director, who shall decide the same. The decision shall not in any wayaffect the conditions in the contract regarding the payment to be made by NHAI atthe agreed tender rates.


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32.2 Policies or certificates for insurance shall be delivered by the Contractor tothe Employer / Engineer for his approval within 15 (fifteen) days from thestart date. All such insurance shall be provided for compensation to bepayable in the types and proportions of currencies required to rectify theloss or damage incurred.

32.3 If the Contractor does not provide any of the policies and certificatesrequired, the Employer may effect the insurance which the contractorshould have provided and recover the premiums the Employer has paid

from payments otherwise due to the contractor or if no payment is due, thepayment of the premiums shall be a debt due.

32.4 Alternations to the terms of insurance shall not be made without theapproval of the Employer / Engineer.

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

CONTRACTOR NOT ENTITLED TO ANY CLAIM OR COMPENSATIONFOR DELAY IN EXECUTION OF WORK-BORROW PITS.

Clause 33. The Contractor shall not be entitled to claim compensation if there is any delay inthe execution of the work on the account of water standing in borrow pits andcompartments. The rates are included-claim for hard or cracked soil, excavation inmud, sub-soil water or water standing in borrow pits and no claim for extra rateshall be entertained, unless otherwise expressly specified.

METHOD OF PAYMENT OF BILLS


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Contractors to pay quarry fees, royalty etc.

(b) All quarry fees, royalties, octroi dues levied by the State Government or any localbody or authority and ground rent, if any charged by the Engineer for stackingmaterials, should be paid by the Contractor.

Clause 37 DELETED

DUES TO BE RECOVERED AS IF THEY WERE ARREARS OF LAND

REVENUEClause 38. All money due from the Contractor under this contract may be, recovered by NHAIwithout prejudice to the other remedies, as if they were arrears of Land Revenue.

CONTRACTOR TO COMPLY WITH THE PROVISION OF APPRENTICE

ACT

Clause 39. The Contractor shall comply with the provisions of Apprentice Act 1961 and Rules

and Orders issued there under from time to time. If he fails to do so will be abreach of contract and the Project Director may at his discretion cancel the contract.The Contractor shall also the liable for any pecuniary liability arising on account ofany violation by him of the provisions of the act.

Clause 40. DELETED

Clause 41. DELETED

CONTRACTOR NOT TO QUOTE PRICE EXCEEDING CONTROLLED

PRICE FIXED BY GOVERNEMENT


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RULES FOR THE PROVISIONS OF HEALTH AND SANITARY ARRANGEMENTS

FOR WORKERS

The Contractors are requested to provide at their own expenses, the following amenities to thesatisfaction of the Project Director.

1. FIRST AID: At the work sites there shall be maintained in a readily accessible place.First aid appliance and medicines including and adequate supply of sterilized dressingand sterilized cotton wool. The appliance shall be kept in good order. They shall beplaced under the charge of a responsible person who shall be readily available duringworking hours.

2. DRINKING WATER:

2.1 Water of good quality fit for drinking purpose shall be provided for the workerson a sole of not less than 3 gallons per head per day.

2.2 Where drinking water is obtained from an intermittent water supply each worksite shall be provided with storage tank where such drinking water shall be stored.

2.3 Every water supply store shall be at a distance of not less 80 m from any latrines,

drains or other source of pollution, where water has to be drawn from any existingwell which is within any such proximity of any latrines drains or other sources ofpollution. The well shall be properly connected before water is drawn from it ford i ki All h ll h ll b d t d t f


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shall be cleaned at least four times daily at least twice during working hours and kept instrictly sanitary condition. The approaches shall be disposed off at the contract expensesin outlay pits approved by the local public health authority. The Contractor shall employadequate number of scavengers and conservancy to keep the latrines and urinals in aclean condition.

5. SHELTERS DURING REST: At the work site there shall be provided free of cost twosuitable sheds one for meals and other for the rest for the workers.

6. CRECHES: At every work site where 50 of more women workers are ordinarilyemployed there shall be provided two huts of suitable size for use of children under theage of 5 years belonging to such women and shall be used for infants games and playand the other is their bed-room.

The huts shall not be constructed on a standard lower than the following:

i) Thatched roofs.

ii) Mud floor and walls.

iii) Planks spread over mud floor and covered with matting. The use of the huts shallbe restricted to children, their attendant and mothers of the children.

7. SHED FOR WORKERS: The Contractor should provide at his own expense sheds forhousing the workers. The sheds shall be on standard not less than the cheap shelter type

to live in which the workers in the locality are accustomed.

The sheds are to be in rows with a clear space between sheds and 80 clear space betweenf if diti it th k h ll b l id t i it f 400 h


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VOLUME II


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Following clauses of the Standard MORTH Specifications for Road & Bridge Works

(4th Revision, August 2001) are amended / modified under Technical Specifications.

Sl. No. Section Section Title Clause

1. 100 General 102, 105, 106, 107, 108, 109, 110,

111, 112, 114, 115, 120, 121 and 123.

2. 200 Site Clearance 201 and 202

3. 300 Earthwork, Erosion Control andDrainage

301, 304, 305 and 306

4. 400 Sub-base, Bases (Non-bituminous) and Shoulder

401, 406 and 408

5. 500 Base and Surface courses(Bituminous)

501, 502, 503 and 509

6. 800 Traffic Sings, Markings and other Road Appurtenances

809 and 810

7. 900 Quality Control for Road works 901

8 1000 Materials for Structures 1002, 1006, 1007, 1008, 1009, 1010,1012, 1014 and 1015

9 1500 Form work 1501, 1502, 1503, 1508, 1509, 1510and 1513

10 1600 Steel Reinforcement(untensioned)

1602, 1604, 1605, 1606 and 1607


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2.2.6 Additional Specifications

The following clauses have been added to the SPECIFICATIONS FOR ROAD ANDBRIDGE WORKS (FOURTH REVISION, August, 2001).

A-1 Diversion And Filling of Existing Water Courses along The Road Alignment

A-5 Curing using Liquid Membrane Forming Compound

A-8 Erosion Protection Works at Upstream and Downstream of Culverts

A-10 Specification For Bitumen Mastic Wearing Course

2.2.7 In the absence of any definite provisions on any particular issue in the aforesaidSpecifications, reference may be made to the latest codes and specifications of IRC and

BIS in that order. Where even these are silent, the construction and completion of theworks shall conform to sound engineering practice as approved by the Engineer.

2.3 PART-III Specifications for Building, Subways and Miscellaneous Works

Technical Specifications for Building, Subways, etc. and Miscellaneous works shall bethe latest CPWD Specifications volume I to VI, 1996 and Revised CPWD

Specifications 2002 for cement mortar, cement concrete and RCC works (in supersession of chapter 3,4 and 5 of CPWD Specifications 1996 Vol. II) for Civil Works andGeneral Specifications Electrical Works PART I INTERNAL, PART II EXTERNAL for electric works 1994 with upto date correction slips as published by


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Technical Specifications :

The Following are the additional Specifications to MORTH Specifications.

SECTION 100 GENERAL

Clause 102 DEFINITIONS

The following abbreviations shall be added in this Clause.

MOSRT&H - Ministry of Shipping, Road Transport &HighwaysNHAI - National Highways Authority of IndiaBIS - Bureau of Indian StandardsWBM - Water Bound MacadamWMM - Wet Mix MacadamCPCB - Central Pollution Control BoardQA - Quality AssuranceCECRI - Central Electro Chemical Research Institute

Clause 105 SCOPE OF WORK

Sub-Clause 105.3 Add the following below the existing clause:


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Working, inspection, testing and documentation procedures

Safety and emergency procedures

Control and documentation of purchasing and handling of materials

Product realization

Non-conformity and corrective / preventive action

Measurement, analysis and improvement

Internal quality audits

ServicingEducation and training of staff

Site Environmental Plan

Competence / skill requirement for Human resources

Customer communication

The general procedures of the QA-programme shall be submitted tothe Engineer for approval not later than twenty eight days after the


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Septic Tank and soak pits etc. The contractor will makearrangement to clean up the spoil as soon as the work finishes in astretch. If such sites are located outside the ROW, restoration of thesite to a level acceptable to the land owner will be done within time

period agreed between land owner and the contractor. Spilling ofoil and bituminous products during construction phase will beavoided to reduce the chances of contamination of surface as well

as ground water. The construction camps shall be situated at placesinvolving least risks of the nature considering the factors likeground slopes, under ground water table and shall conform to local

building regulations, as applicable.

Construction camps shall be properly located to avoidcontamination of water through waste water drainage into river andcanals. Seasonal pollution issues may arise when flow of river is

slow. To prevent such contamination, waster water generated atcampsite will be discharged in soak pits. For human excreta, properdisposal through Septic Tanks or deep trenches will be done.

Clause 106 CONSTRUCTION EQUIPMENT

Add the following sub Para (g) and (h) after sub Para (f):

g) Adequate standby equipment including spare parts shall beavailable.


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The Contractor shall identify quarries, borrow areas includingdisposal areas and other sources of materials required for the work.He shall satisfy himself that the required materials are available inadequate quantities and comply with the requirements ofspecifications. No claims shall be entertained on account of non-availability of materials, and increase in leads and non-availability

of disposal areas.

Clause 109 SETTING OUT

Clause 109.8 &

109.8.1

Add the following paragraph in the Sub-Clause 109.8

Surveying Equipment and Personnel

The Contractor shall provide the necessary surveying equipment,accessories, surveyors and labourers required for setting out andrelated measurements, including making available these to theEngineer and his representatives at different stages of the work.The surveying equipment shall be of high standard of manufactureas approved by the Engineer, in good working condition with

adequate numbers and shall include inter alia the following:

i) Precision automatic level with micrometer attachment with


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vii) Ranging rods 50 mm diameter 3 m long straight with aconical metallic shoe at one end and painted alternatively

black and white at 300 mm C / C along the length.

viii) Camber templates 2 lane fitted with handles.

ix) Steel tape graduated in metres, centimetres and millimetres

a) 10 m longb) 20m longc) 50m longd) Reference markers and pegs

x) Safety Jackets (Reflective)xi) Bump Integrator (Wheel mounted)xii) Nails, chalk piece, paints, brushes etc,.

The Contractor shall maintain the surveying equipment in goodcondition during the full duration of works and replace the oneswhich get worn out or otherwise become unworkable.

The surveying equipment and related resources shall be providedunder the general obligations of the Contractor requiring no

separate payment.Clause 110 ENCUMBERANCES IN CONSTRUCTION AREA,

INCLUDING TREES AND UTILITEIS


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wherever required. The Contractor will obtain necessary approvalfrom such Authorities after payments by the Employer and also incases where payments are not required to be made for such shifting.The Employer will also write to all concerned department / service

provider organization for expedite and facilitating cutting of trees,shifting of utilities and removal of encroachments, etc.

Sub-Clause 110.4 Any services affected by the Works must be temporarily supportedby the Contractor who must also take all measures reasonablyrequired by the various bodies to protect their services and properlyduring the progress of the works. It shall be deemed to be part ofthe Contract and no extra payment shall be made for the same.

Sub-Clause 110.5 The Contract may be required to carry out certain works for and onbehalf of various bodies and he shall also provide, with the prior

approval of the Engineer, such assistance to the various bodies asmay be authorized by the Engineer.

Sub-Clause 110.6 Payment

For coordinating the work of cutting of trees, shifting of utilitiesand removal of encroachments etc. no separate payment will be

made and these will be incidental to the work.Clause 111.2 Borrow pits for Embankment Construction


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Clause 111.13 Disposal of Materials Outside Work Site

Notwithstanding other relevant provisions in the contract, theexcess material generated by dismantling, excavation, wastematerial and lubricants, used oil, gasoline and other such substanceetc., shall be removed from site outside the right of way (for all

leads and lifts) at regular intervals and site shall kept clean from allsuch disposable materials. Grease, cotton and other wasteconstruction materials shall be disposed off in shallow soakagewells constructed at each construction site. Such intervals shall notexceed one month under any circumstances. The selection of thedisposal site shall be the responsibility of the Contractor and heshall ensure that the selected site does not result in any claim fordamages to the Employer or violation o