GSB Specification Tender
GSB Specification Tender
GSB Specification Tender
TENDER DOCUMENT
FOR
Chairman, LPAI invites sealed tenders in two bid system (Technical and Price Bid)
from eligible contractors, for execution of the following works.
Online Tenders are invited by Chairman, LPAI invites sealed tenders in two bid
system (Technical and Price Bid) from eligible Contractors, for execution of
PROVIDING AND LAYING OF GRANULAR SUB BASE (GSB) 30 CM THICK
CONSOLIDATION WITH NATURAL SAND, MOORUM, GRAVEL OR ANY
MATERIAL AS PER CLAUSE NO.401 OF MORTH SPECIFICATION FOR ROADS &
BRIDGE WORK (5TH REVISION) AT ICP PETRAPOLE (WEST BENGAL)
The blank tender documents with eligibility criteria terms and conditions are to be
downloaded from LPAI website: http://lpai.gov.in. & https://lpai.e-
wizard.in/tender.
Chairman, LPAI invites sealed tenders in two bid system (Technical and Price
Bid) from eligible Contractors, for execution of PROVIDING AND LAYING OF
GRANULAR SUB BASE (GSB) 30 CM THICK CONSOLIDATION WITH
NATURAL SAND, MOORUM, GRAVEL OR ANY MATERIAL AS PER CLAUSE
NO.401 OF MORTH SPECIFICATION FOR ROADS & BRIDGE WORK (5TH
REVISION) AT ICP PETRAPOLE (WEST BENGAL) detailed in the Notice Inviting
Tenders (NIT) The successful tenderer shall complete the works within the
completion date specified in the Notice Inviting Tenders (NIT).
4.2 All Tenderers shall include the following information by producing relevant
documents and certificate with their Tender.
(a) Conditions of the contract enclosed each page duly signed by the tenderer
as token of acceptance. If any deviation is proposed by the tenderer the same
must be clearly indicated and enclosed as deviation list but tenders with significant
deviations list and merely enclosing tenderer’s printed conditions or their own
terms and conditions will make the tender liable for rejection.
5.1 The Tenderer shall bear all costs associated with the preparation and
submission of his Tender, tenderer shall not be entitled to any cost, expenses or
other claims whether or not the tender is accepted, rejected or invitation to Tender
withdrawn or cancelled and the LPAI will in no case/way be responsible and liable
for those costs.
5.2 The Tenderer, at the Tenderer’s own responsibility shall visit and examine
the Site of Works and its surroundings and obtain all information that may be
necessary for preparing the Tender and entering into a contract for Execution of
PROVIDING AND LAYING OF GRANULAR SUB BASE (GSB) 30 CM THICK
CONSOLIDATION WITH NATURAL SAND, MOORUM, GRAVEL OR ANY
MATERIAL AS PER CLAUSE NO.401 OF MORTH SPECIFICATION FOR ROADS &
BRIDGE WORK (5TH REVISION) AT ICP PETRAPOLE (WEST BENGAL). The costs
of visiting the site shall be at the Tenderer’s own expense.
5.3 The tenderer should inspect the site during working hours (i.e. 10.00Hrs
to 17.00Hrs) on working days (i.e. Monday to
Saturday)
3.6 Unfilled price bid format shall be signed by the authority, stamped
and submitted
3.7 All supporting documents for proving the Eligibility Criteria shall
be signed by the authority and stamped in all pages
c) Balance Sheet and Profit & Loss accounts for the past three
year should be submitted.
STATEMENT – II
Details of similar works completed in the name of the Tenderer during the last five
financial years.
Agreement
Address of Stipulated Actual date
Sl. No. & dated.
Agreement. Value of period of of
N Name of the With
Concluding Contract completion completion
o work telephone
Authority In Lakhs
number
1 2 3 4 5 6 7
1 2 3 4 5 6 7 8 9 10 11
2 2012-2013
3 2013-2014
4 2014-2015
5 2015-2016
6 2016-2017
STATEMENT – IV A
Details of Existing Commitments
STATEMENT - V
Availability of Vehicles/Equipment/Plants
The tenderer should furnish the information required below, regarding the
availability of the equipment, required for execution.
Number
Sl. Details Number
No Required
Owned Leased To be
procured
1 2 3 4 5 6
(i) Vibratory roller 01
(ii) Static Roller 01
(iii) Tippers 05
(a) Tenderer shall indicate source of requisite Equipments, Plants and Vehicles in good working
condition required for execution of work in following format :-
(i) Item
(ii) Year of manufacture
(iii) Source from where to be arranged (owned/leased etc)
(iv) Location presently deployed
(v) Based on known commitments, whether will be available for use in the proposed
contract
(b) Copy of documentary support of ownership/assured to the satisfaction of the Accepting officer.
STATEMENT - VII
Information on litigation history in which Tenderer is the Petitioner
Subject Matter /
Details of
Sl.No Case No / year Court where filed Prayer in the Present Stage
Respondents
case
1 2 3 4 5 6
STATEMENT – VIII
The Tenderer shall be deemed to have examined all instructions, forms, terms, and
specifications in the Documents. Failure to furnish the information required by the Tender
Document or submission of a Tender not substantially responsive to the Tender
Documents in every respect will be at the Tenderer’s risk and may result in the rejection of
the Tender.
The several documents forming the contract are to be taken as mutually explanatory of
one another, detailed drawings being followed in preference to small scale drawing and
figured dimensions in preference to scale and Special Conditions in preference to General
Conditions.
7.1 Before the deadline for submission of Tenders, the LPAI may modify the
Tender documents by issuing addenda.
7.2 LPAI shall have the right to amend/delete/add to the various provisions in the
tender documents or withdraw/cancel the invitation to tender without assigning any
reasons whatsoever. The amendments/errata if issued by the LPAI shall be read
carefully in conjunction with tender documents. The quoted price/rate/amount shall
be deemed to be worked out taking into account amendments / errata also.
8.2 The EMD of the unsuccessful Tenderers will be discharged / returned within
8 weeks from the last date of tender submission. The EMD of the successful
Tenderer shall be retained till submission of performance guarantee as per clause
23 of general instructions.
8.4 The EMD may be forfeited: if the Tenderer withdraws his Tender during the
validity period of the Tender; or in case of a successful Tenderer fails to furnish
performance guarantee.
The Tender shall remain valid for a period of 120 days after the last date of the
submission of tender. A Tender valid for a shorter period, may be rejected by the
LPAI.
10.1 The document shall be written in English language. The total amount should
be written in the same language.
10.2 Tender including tender drawings, if any, and other information shall be
prepared and submitted in English language only.
11.1 No page of this Tender document shall be removed and the set must be
submitted as it is. Each page of the Tender document form is to be signed by the
Contractor and must bear the Seal of the Company/Firm.
Submission of Bid-Parts
Envelope I (Technical-Bid)
Envelope II (Financial-Bid)
11.3 Offline submission of documents:
In addition to the above, the bidders are required to submit the following documents
physically offline also in a Sealed Envelope, failing which the technical bids will not
be opened.
The envelope shall bear {the name of work and the words ‘DO NOT OPEN
BEFORE’ (due date & time).
Note: The Bidder should also upload the scanned copies of all the above
mentioned original documents as Bid-Annexures during Online Bid-
Submission.
11.4 Price Bid
Only online price bids shall be considered.
11.5 The Bidder should submit the Bids so as to reach the address indicated
below by 1400 hrs (IST) on or before 12 Oct 2017:-
Director
Land Ports Authority of India
Ministry of Home Affairs
1st Floor, Lok Nayak Bhawan
Khan Market, New Delhi-03
Phone No. 011 – 24654472
Fax No. 011 -24654468
12.1 The contract shall be for the whole works as described in tender document
based on the priced Schedule of Quantities submitted by the Tenderer.
12.3 The Tenderer shall fill in the rates for all items of the Works described in the
Schedule of quantities along with total tender price. In case the rates are not filled
for any of the Items of Schedule of Quantities, in such cases the rate will be
considered as zero and the contractor has to accept for the amount arrived based
on zero rate for non quoted items. Failure to comply with either of these conditions
will make the tender liable for rejection and forfeiture of Earnest money.
12.4 All duties, taxes, and other levies payable by the Contractor under the
contract, or for any other cause, shall be included in the rates, prices and total
tender price submitted by the tenderer. Tenderers must include in their rates, the
cost of transportation of materials to site, sales tax, Income tax, GST, Cess as per
Building & Other Construction Workers Cess Act, excise duty, octroi, and any other
tax and duty levied by the Central / State Government. None of the above taxes &
levies will be entertained separately by the LPAI and no tax exemption forms will be
issued by the LPAI. GST on works contract will not be reimbursed to the Contractor.
All the taxes levied other than IT should be paid either directly by the contractor to
the statutory authorities and challans / proof of payment with acknowledgement
shall be provided by the contractor before release of the payment of next bill or
shall be deducted at source. Contractor should also take a Group Insurance Policy
for his Workmen, Supervisors and Engineers working on site for an adequate
insurance cover. LPAI shall not be responsible for any accident or any
untoward/unforeseen event involving workmen, labour, supervisor or engineer or
any person directly or indirectly associated with the execution of work. The
insurance policy to be obtained by the successful Tenderer must be comprehensive
and shall cover all associated risks (known and unknown) from any Government
Insurance Company.
12.5 The rates quoted in the tender shall include cost of telephone rent and call
charges, for execution of work at site, hire for any tools and tackles, shed for
materials, marking out and transportation complete, cleaning the roads and
surroundings after execution of the total works and dumping the waste at
designated place as directed by the LPAI in all respects. The rates quoted in the
tender shall be treated as rates for finally completing the item of work.
(Signature of Contractor with seal) Page 20 of 84 Accepting Officer
12.6 The quantities furnished in the schedule of quantities are only probable
quantities and are liable to alterations, by omission, deductions or additions to any
extent at the discretion of LPAI. Payments will be regulated on the actual quantities
of work done at accepted rates. Any item of work may be omitted from the schedule
of quantities and may be awarded to another agency at any time / stage of the work
for which no compensation will be paid by the LPAI i.e. for non-operated BOQ
items and short closed BOQ items.
12.7 The rates and prices quoted by the Tenderer shall be fixed for the duration of
the contract and shall not be subject to escalation or adjustment on any account
even if the work is delayed due to unavoidable circumstances beyond the control of
LPAI.
12.8 The tenderers must obtain for themselves on their own responsibility and
their own expenses all the information which may be necessary, including risks,
contingencies and other circumstances to enable them in making a proper
tender and for entering into a contract, and must examine the specifications and
conditions and inspect the site of the work, nature of the work, availability of power,
water, shelter for workmen and all the matters pertaining thereto before submitting
the tender.
13.1 The tenderer shall seal the bid in an envelope, duly marked as TENDER
FOR EXECUTION OF PROVIDING AND LAYING OF GRANULAR SUB BASE
(GSB) 30 CM THICK CONSOLIDATION WITH NATURAL SAND, MOORUM,
GRAVEL OR ANY MATERIAL AS PER CLAUSE NO.401 OF MORTH
SPECIFICATION FOR ROADS & BRIDGE WORK (5TH REVISION) AT ICP
PETRAPOLE (WEST BENGAL) Which shall include Tender form duly signed by
the tenderer on their letter head along with documents mentioned under clause 11.
13.2 The Tender shall be typed or written in indelible ink and shall be signed by
a person or persons duly authorized to sign on behalf of the Tenderer. All pages of
the Tender where entries or amendments have been made shall be initialed by the
person or person signing the Tender.
13.3 The Tender shall contain no alterations or additions, except those to comply
with instructions issued by the LPAI, or as necessary to correct errors made by the
Tenderer, in which case such corrections shall be initialed by the person or persons
signing the Tender. ANY CONDITIONAL TENDER WILL BE SUMMARILY
REJECTED.
15.1 Any Tender received by the LPAI after the date and time of submission of
Tenders i.e. up to 14.00 Hrs On 12 Oct 2017 will be rejected and returned
unopened to the Tenderer.
16.1 To assist in the examination, evaluation, and comparison of Tenders, the LPAI
may, at his discretion, ask any Tenderer for clarification of his Tender, including
breakdowns of unit rates. The request for clarification and the response shall be in
writing or by Fax/email, but no change in the price or substance of the Tender shall
be sought, offered, or permitted.
17.1 Prior to the detailed evaluation of Tenders, the LPAI will determine
whether each Tender (a) meets the eligibility criteria defined in clause 3.0; (b) has
been properly signed and meets the requirements (c) is accompanied by the
required securities and; (d) is substantially responsive to the requirements of the
Tendering documents.
17.2 A substantially responsive Tender is one which confirms to all the terms,
conditions, and specifications of the Tendering documents, without material
deviation or reservation. A material deviation or reservation is one (a) which affects
in any substantial way the scope, quality, or performance of the Works (b) which
limits in any substantial way, the LPAI rights or the Tenderers’ obligations under
the contract; or (c) whose rectification would affect unfairly the competitive position
of other Tenderers presenting substantially responsive Tenders.
17.3 If a Tender is not substantially responsive, it will be rejected by the LPAI, and
may not subsequently be made responsive by correction or withdrawal of the
nonconforming deviation or reservation.
19.1 The LPAI will evaluate and compare only the Tenders determined to be
prequalified and substantially responsive.
20.0 The LPAI reserves the right to accept or reject any variation, deviation, or
alternative offer and other factors which are in excess of the requirement of the
Tendering.
21.1 The acceptance of Tender will rest with the LPAI, which does not bind itself
to accept the lowest tender and reserves to itself the authority to reject completely /
partially, any or all of the Tender/s received without the assignment of a reason.
21.2 The LPAI reserves to itself the right of accepting the whole or any part of the
Tender and the Tenderer shall be bound to perform the same at the rate quoted.
21.3 The LPAI reserves to itself the right of omission of any item of work from the
awarded tender at any time / stage during the execution of work and award the
same to another agency / contractor.
22.1 The successful Tenderer will be issued a Letter of Intent (LOI) / Purchase
Order (PO) / Work order (WO) and the date of commencement of work will be as
mentioned in the LOI or PO or WO.
24.1 A sum equal to 2.5% of the gross amount of the bill shall be deducted from each bill
including final bill. Half of this amount will be released along with final bill on submission of
bank guarantee from nationalized bank valid for a period up to defect liability period (i.e.12
months from completion certificate) plus 2 months. Remaining half will be released after
successful completion of the defect liability period. The contractor is eligible for refund of
26.1 The Contractor shall carry out all the works strictly in accordance with the
details and instructions of the LPAI. If in the opinion of the LPAI, changes have to
be made in the design, and they desire the contractor to carry out the same, the
Contractor shall be bound to comply. The LPAI decisions in such cases shall be
final.
26.2 The Contractor is bound to carry out any items of work necessary for the
completion of the job even though such items are not included in the schedule of
quantities and rates. Schedule of instructions in respect of such additional items
and their quantities will be issued in writing by the LPAI. Rates for such items of
work will be recommended for approval by the LPAI on the basis of Analysis of
Rates which will be derived from actual prevailing market rates of similar item along
with 15% as contractor’s profit & overhead. The rates approved by the LPAI in
such cases will be final.
26.3 The LPAI may at any time / stage of execution demand for the Analysis of
Rates for any item / items of work which in their opinion is are abnormally high /
low rates or required for the Analysis of Rates of other tender / extra item / items.
The Contractor is bound to present the same and if the Contractor is unable to
present a justified Analysis of Rates for any item / items, the rate / rates for such
item may be adjusted accordingly and the decision of the LPAI in such cases shall
be final.
26.4 The Contractor shall get the quality of work done inspected for material and
workmanship at different stages of execution as per instructions given by the LPAI
or their representative time to time. Any item of work done which is found not
conforming to the Contract shall be rejected by the LPAI. The decision of the LPAI
in such cases shall be final.
26.6 The Contractor shall not be entitled to any compensation suffered by him on
account of delays in commencing or executing the work whatever the cause of
delay may be, including delays arising out of modifications to the work entrusted to
him or in any subcontracts connected therewith or delays in awarding contracts for
other trades of the project or in commencement or completion of such other works
or in procuring Government controlled or other building materials for any other
reasons whatsoever. The LPAI shall not be liable for any sum besides the tender
amount, subject to such variations as are provided for here in and as instructed by
LPAI. However, necessary time extension will be given if the delays are not
attributed to the Contractor.
27.0 Clarifications on tender and pre bid meeting at LPAI, New Delhi.
27.1. For any technical and other than technical clarifications in connection with this
invitation to tender, tenderer may contact:
Director
Land Ports Authority of India
Ministry of Home Affairs
1st Floor, Lok Nayak Bhawan
Khan Market, New Delhi-03
Phone No. 011 – 24654472
Fax No. 011 -24654468
Email- prashantmish.988a@gov.in
And WHEREAS the Contractor has agreed to the submit the performance guarantee
to LPAI for Rs. ………………………… (Rupees.……………………….
…………………Only) by him as performance guarantee for the due fulfillment of the
contract to the satisfaction of the LPAI.
(2) The LPAI shall pay the Contractor such sums as shall become due and
payable hereunder at the times and in the manner specified in the said
conditions.
(4) The LPAI reserves the right of altering the drawing and nature of work and of
adding to or omitting any items of work and of having portions of the same
carried out departmentally or otherwise and such alterations or variations shall be
carried out without prejudice of this contract.
(5) The said Contract comprises the work above mentioned and all subsidiary works
connected there to within the same site as may be ordered to be done from
time to time by the LPAI for the time being even though such works may not
be shown on the Tender or described in the said specifications or the Priced
Schedule of Quantities.
(6) Time shall be considered as essence of the agreement and the contractor
hereby agrees to commence to work as soon as his tender is accepted by LPAI
by issuing LOI / WO / PO and the site is handed over to him as provided
in the said conditions and agrees to complete the work within the period 8
months from the date of such handing over the site.
(7) The said conditions shall be read and construed to be forming part of this
agreement and the Parties hereto will respectively abide by and submit
themselves to the conditions and stipulations and perform the agreement on
their parts respectively in such conditions contained.
(8) All disputes arising out of or in any way connected with this agreement shall
be deemed to have arisen in New Delhi and only the courts in New Delhi alone
shall have jurisdiction to determine the same.
(9) The arbitrator for fulfilling the duties set forth in the arbitration clauses as
defined with tender conditions of contract.
(11) The several parts of this contract have been read to us and fully understood
by us.
……………………………………………………
in the presence of
…………………………………………………..
Signed by the said Contractor
………………………………………………….. In the
presence of
To
Chairman
Land Ports Authority of India
Ministry of Home Affairs
1st Floor, Lok Nayak Bhawan
Khan Market, New Delhi-03
Dear Sir,
1.0 Having examined the Tender documents consisting of the Tender notice, General
Instructions to Tenderers, General Conditions of Contract, Special Conditions of
Contract, specifications, plans, scope of work Time Schedules, Form of Contract ,
form of tender, form of schedule Rates, Bill of Quantities etc., and having
understood the provisions of the said tender documents and also having thoroughly
studied the requirements of LPAI, related to the work tendered for in connection
with the Execution of PROVIDING AND LAYING OF GRANULAR SUB BASE
(GSB) 30 CM THICK CONSOLIDATION WITH NATURAL SAND, MOORUM,
GRAVEL OR ANY MATERIAL AS PER CLAUSE NO.401 OF MORTH
SPECIFICATION FOR ROADS & BRIDGE WORK (5TH REVISION) AT ICP
PETRAPOLE (WEST BENGAL) and having conducted a thorough study of the
job site involved, the site conditions, power, water, material and equipment
availability, the transport and communication facility and the availability and
suitability of borrow areas etc., we hereby submit our tender offer for the
performance of proposed work in accordance with the terms and conditions and
within the time mentioned in the tender documents at the rates included within the
tender documents and based on application of the rates tendered in the
accompanying schedule of rates to the relative quantities indicated in the form of
schedule rates forming part of the tender documents.
2.0 If the work or any part thereof is awarded to me/us, I/we undertake to perform
the work in accordance with the contract documents as defined in the form of
contract forming part of the tender documents and accept the terms and
conditions of contract as laid down therein and undertake that on receipt of
acceptance of tender and on confirmation. I/We will deposit such sums as
may be necessary under the terms of contract and abide by the terms of the
tender. I/We will also sign the necessary contract and other documents to
commence the work and execute the work as per the terms and conditions
contained in the tender documents failing which LPAI shall b e at liberty, without
further reference to me/us and without prejudice to any of its rights to terminate
the contract and or to forfeit the earnest money deposit and take further course
of action.
Yours faithfully,
Name: Designation.
Address.
Witness :
GENERAL CONDITIONS OF
CONTRACT (GCC)
A: GENERAL
1.0 Definitions
1.1 In this contract, the following terms shall be interpreted as indicated:
a) “The Contract” means the agreement entered into between the LPAI
and the Contractor, as recorded in the contract form signed by the parties,
including all the attachments and appendices there to and all documents
incorporated by reference therein.
b) “The Contract Value” means the amount payable to the Contractor under
the contract for the full and proper performance of its contractual
obligations.
d) “The Work” means all labor, materials, tools and plant, equipment
including government taxes and transport, that may be required in
preparation of and for and in the full and entire execution and completion
of “the Work”.
i) “The Contractor” means the individual or the firm executing the work.
j) “The Project Site” where applicable, means the place or places named in
SCC.
2.1 In interpreting these Conditions of Contract, singular also means plural, male
also means female or neuter, and the other way around. Headings
have no significance. Words have their normal meaning under the language of
the Contract unless specifically defined. The LPAI will provide instructions
clarifying queries about the Conditions of Contract.
3.0 Standards
3.1 The works executed by the Contractor should be carried out in most
professional manner, both as regards material and otherwise, in every respect, in
strict accordance with the Technical Specifications. All materials and
workmanship shall so far as procurable be of the respective kinds described
in the priced schedule of quantities and/ or specifications and in accordance
with the LPAI instructions, and the Contractor shall upon the request of the LPAI,
furnish them with all invoices, accounts; receipts and other vouchers to prove that
the material procured complies therewith. When no applicable standard exist,
the work shall be carried out as per the directions of the LPAI. The Contractor
shall at his own cost arrange for and / or carry out any test of materials which
the LPAI may require. In case of discrepancies in tender wording as regards the
specifications of materials workmanship etc., written instructions will
supersede the tender wording unless otherwise mentioned.
3.2 The LPAI in their absolute discretion from time to time shall issue
further written instructions, details, directions and explanations which are
hereafter collectively referred to as “the LPAI instructions” in regard to:
4.1 The Contractor shall not, without the LPAI prior written consent, disclose
the contract or any provision thereof, or any specifications, plan, drawing,
pattern, sample or information furnished by or on behalf of the LPAI in
connection therewith, to any person other than a person employed by the
Contractor in performance of the contract. Disclosure to any such employed
4.2 The Contractor shall not, without the LPAI prior written consent make use
of any document or information enumerated in Para 5.1 except for the purposes
of performing the contract.
4.3 All documents included but not limited to contract agreement shall
remain the property of the LPAI and shall be returned (in all copies) to the
LPAI on completion of the Contractor’s performance under the contract, if so
required by the LPAI.
5.1 Within 15 days from the date of PO/WO of the contract, the Contractor
shall furnish performance guarantee in the form of a bank guarantee to the LPAI,
of the amount specified in the Special Conditions of Contract / General
instructions/Schedule of fiscal aspects .The proceeds of the performance
guarantee shall be payable to the LPAI as compensation for any loss or dues
resulting from the Contractor’s failure to complete its obligations under the
contract.
5.2 The performance guarantee shall be in the form of bank guarantee from
nationalized bank.
5.3 The performance guarantee shall be discharged by the LPAI and returned
to the Contractor on completion of the work and recording of the completion
certificate.
5.4 5% of the contract / approved tender value in the form of bank guarantee
valid for period till completion of work from nationalized bank as per LPAI
approved format.
6.1 The contractor shall furnish to the LPAI a bar chart laying down weekly
targets to complete the project within stipulated time for approval within fifteen
days from the date of receipt of notification of PO/WO. Weekly progress
report shall be furnished to the LPAI confirming the progress.
7.1 The whole of the works included in the Contract shall be executed by the
contractor and the contractor shall not directly or indirectly transfer, assign or
underlet the contract or any part, share or interest therein without the written
consent of the LPAI.
7.2 No sub-contracting shall relieve the Contractor from the full and entire
responsibility of the Contract or from the active superintendence of the work
during their progress.
8.1 The Contractor shall provide everything necessary for the proper execution
of the works according to the intent and meaning of the drawings, priced
schedule of quantities and specifications taken together whether the same may or
may not be particularly shown or described therein provided that the same can
reasonably be inferred there from. If the Contractor finds any discrepancy
therein he shall immediately and in writing refer the same to the LPAI whose
decision shall be final and binding. Further, if any sample(s) of material(s),
fittings, fixtures or finished item(s), to be used in the works, has/have been
called for from the contractor, no work related to it/these shall be executed
unless the same has/ have been approved by the LPAI failing which no payment
shall be made to the contractor on this account. Any sample, duly approved by
the LPAI shall become part of the supply to be used in “the works”.
8.2 The Contractor shall supply fix and maintain at his cost, during the
execution of any works, all the necessary power supply, water supply,
scaffolding, watching and lighting by night as well as by day, required not only for
the proper execution but also for protection of the public and the safety of any
adjacent roads, streets, pavements, walls houses, building and other erections,
matters or things.
8.3 Throughout the execution of the work, the Contractor or his representative
duly authorized and fully responsible and technically conversant with the work
under this agreement, acting on his behalf shall be available at the site for
supervising the work. The Contractor shall make adequate arrangements for
watchmen to guard the materials brought by them to the site and shall
ensure the safety, breakage and any theft of materials fixed or unfixed by him.
Any material, T & P brought to the site for bonafide use of the Project shall not
be removed/ shifted from the site without the prior written permission of the LPAI.
8.4 Wherever the specifications of any item indicate the usage of approved
equivalent of any material, the Contractor shall get the sample of the equivalent
material approved from the LPAI before execution. The approval of the
equivalent material is entirely at the discretion of the LPAI.
9.0 Site Establishment: The contractor shall provide all stores, workmen and
materials. All materials likely to deteriorate in the open shall be stored under
suitable cover.
9.1 The contractor shall not be allowed to construct huts for accommodation
of his employee or workmen, within the site area. The contractors employees or
workmen will not be allowed to stay overnight at the site area.
9.2 The security of the contractor’s equipment and materials is his own
responsibility. The LPAI accepts no liability for loss or damage to the
contractor’s plant, tools and tackles & materials.
9.3 The materials issued to the contractor by the LPAI will remain under the
custody of contractor as a trustee. However, title on the same will remain with the
LPAI. The contractor will be responsible for loss or damage to such materials
and shall preserve them in good working conditions as required for the contract
and good execution practices till such time that they are incorporated in the works
and erected, aligned and fully installed in position and handed over to the LPAI.
In case the LPAI feels that arrangements made by the contractor are not
adequate he shall so advice the contractor and the contractor shall promptly take
corrective action. In case the contractor fails to take corrective action, LPAI
shall take such corrective actions and recover the cost thereof from the
contractor’s bills. Accounts of such material on completion of work shall be
rendered and surplus material returned to the LPAI as per instructions of
LPAI.
9.4 The contractor shall clear away periodically or as instructed by LPAI any
rubbish, scrap materials, etc. and dump the same in the authorized dump sites
notified by local authority or area indicated by the LPAI. All construction
materials shall be neatly stacked in an orderly manner as directed by the LPAI
and care shall be taken to allow proper access to workmen and easy movement
of men, vehicles, cranes and materials.
9.5 The contractor shall not permit the entry to the site of any person not
directly connected/concerned with the work without first having obtained the
written permission of LPAI.
9.7 All items such as instructions and other pertinent data regarding erection/
commissioning and maintenance should be typed and classified for transmittal in
a manner approved by the LPAI.
9.8 All employees of the contractor shall conform to rules of conduct, etc.
established; failure to do so will be sufficient cause for removal of such person
from the site.
9.9 For storage of materials, contractor has to provide at his own cost
sufficient fenced and covered appropriate area on site for storage of above
materials with lock and key arrangement. For arranging meetings suitable sized
table and chairs shall be provided by Contractor.
9.10 Contractor to provide required quantity of potable water for his workers and
staff.
10.1 The contractor will make his own arrangements for messing and
accommodation and the same shall not be done at site. No accommodation and
messing shall be provided by the LPAI.
11.0 Procurement, Consumption and Storage of Materials
11.1 The contractor shall at his own expenses, provide all materials required
for the works. Adequate stocks of all materials required for the work are to be
maintained at site. No material (unless as provided elsewhere in this document)
shall be supplied by the LPAI.
11.3 All materials required for execution of work must be got approved by the
LPAI before they are actually put to use.
11.4 The contractor shall, at his own expenses and without delay, supply to the
LPAI samples of materials proposed to be used in the work. The LPAI shall
within seven days of supply of samples, or within such further period as LPAI
may require intimate the contractor in writing, whether samples are approved
11.5 The LPAI shall have full power to require removal of any or all the
materials brought to site by the contractor which are not in accordance with
the contract specifications or do not confirm in character or quality to the
samples approved by LPAI. In case of default on the part of the contractor in
removing rejected materials, the LPAI shall be at liberty to have them removed
by other means. The LPAI shall have full powers to direct proper materials to be
substituted for rejected materials and in the event of the contractor refusing to
comply. LPAI may cause the same to be supplied by other means. All risks
and costs which may attend upon such removal and/or substitution shall be
borne by the contractor.
12.1 The contractor shall at his own cost, provide for all necessary storage on
the site in specified areas for all materials which are likely to deteriorate by the
action of sun, wind, rain, dampness or other natural causes due to exposure in
the compounds or in stores in such a manner that all materials, tools and tackles
etc. shall be duly protected from damage by weather or any other cause.
12.2 Materials required for the works, by the contractor be stored by the
contractor only at places approved by the LPAI. Storage and safe custody of
materials shall be the responsibility of the contractor.
12.3 All the materials including contractor’s tools & tackles, testing & erection
equipments brought by the contractor to the site shall become and remain the
property of the LPAI and shall not be removed off the site without prior written
approval of the LPAI. But whenever the works are finally completed and
advances, if any, in respect of such items are fully recovered, the contractor shall
at his own expenses forthwith remove from the site all surplus items supplied by
him and upon such removal, the same shall revert in and become the property of
the contractor.
14.1 Before finally leaving site, all the Contractors stores, tools & tackles,
equipments and rubbish / Debris / waste materials shall be removed and the site
left clean and tidy. The space allocated by LPAI shall be vacated and handed over
to the LPAI.
15.1 Contractor has to make his own arrangement for supply of water / power.
At no point of time the execution activity should stop or slow down due to non
availability of water / power.
15.2 If excess water is available with LPAI the same can be utilized by contractor
with the approval from Director LPAI and at one point water is provided with
water meter and the contractor need to tap the required water from this one
point by laying temporary water pipe lines. LPAI will charge @ Rs. 200/- per
KL and deduct the amount from contractor’s bills. The water meter will be
provided by LPAI. The rates quoted in tender shall also include electric
consumption charges for power connection and maintain at his expense an
efficient service of electric light and power and shall pay for the electricity
consumed, which shall be metered and charged @ Rs. 12/- per KVAH and DG
set power @ Rs. 24/- per KWH . LPAI shall be giving all possible assistance to
the contractor .Required wiring /cables & SFU are under the scope of contractor.
16.1 The contractor shall comply with the requirement of statutory provisions and
shall be solely responsible for fulfillment of all legal obligations under Contract
Labor (reg. & abolition) Act, Inter State Migrant Workmen Registration of
Employment and condition of Service Act, payment of Wages Act., Minimum
Wages Act, Workmen’s Compensation act, Employee’s Provident Fund &
Miscellaneous Provisions Act, Payment of Bonus Act, Payment of Gratuity Act,
Industrial Disputes Act and all other Industrial/Labor enactments and Rules
made there under as applicable from time to time. In case LPAI incurs any
liability towards payment of any dues, compensation, cost of any other liability
of any kind whatsoever, due to non fulfillment of statutory provisions under
any industrial/labor laws by the contractor, the same shall be made good by
the contractor and LPAI shall have full right to recover and claim the same
against the contractor from his outstanding bills or otherwise. No Labor to stay at
site.
16.2 The contractor will be expected to employ on the work only his regular
skilled employees with experience of this particular work. Permission of the LPAI
must be obtained before tradesmen are recruited locally for the work. This rule
does not apply to unskilled labor. No female labor shall be employed in dark
hours/ i.e. hours prohibited under the applicable law. No person below the age
of eighteen years shall be employed at any point of time. The contractor shall
pay, to each person, the wages as per minimum Wages Act of the State
Government.
16.4 The hours of work at the site shall be decided by the LPAI and contractor
shall adhere to the same.
16.5 All contractors’ employees shall wear safety shoes, helmet, goggles, hand
gloves, nose masks and any other required personal protection equipment such
identifications marks as may be provided by contractor on work site and duly
approved by LPAI.
16.6 All notices displayed on the site and any instructions issued by the LPAI
shall be strictly adhered to by the Contractor’s and/or his sub-contractor’s
employees.
17.1 The contractor shall observe all statutory, safety, and legal requirements /
regulations issued by Central and State Governments applicable to the work as
well as any local regulations applicable to the site.
17.2 The contractor has to fulfill the safety obligations at site and ensure that all
safety equipment required for the execution of the work is available and used
by the workmen at site.
17.3 Required safety signage and other requirement as per safety norms
must be compiled as per the instructions of the LPAI.
18.0 Particular attention is drawn to the following: In case of accident, the LPAI
shall be informed in writing forth with and First-Aid, Hospitalization shall be
provided by the Contractor. The contractor shall strictly follow regulations laid
down by Govt. and State authorities in this regard and all cases are to be
defended By the Contractor. The LPAI shall not entertain any insurance claims.
18.1 Contractor shall fence his site area, excavations and etc.
18.3 Compliance with statutory requirements for inspection and test of all lifting
appliances and auxiliary lifting gear is to be ensured.
18.4 Staircase, doors or gangways shall not be obstructed in any way that will
interfere with means of access of escape.
18.6 The contractor shall have his own Fire Fighting Extinguishers and Equipment.
19.1 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.
19.2 The Contractor shall be responsible for injury to persons if any, animals or
things and for all damages to the structural and/or decorative part of property
which may arise from the operations or neglect of himself or of any sub-
contractor or of any of his or sub- Contractor’s employees whether such injury or
damage arises from carelessness accident or any other causes whatsoever in
any way connected with the carrying out of the Contract. This clause shall be
(Signature of Contractor with seal) Page 41 of 84 Accepting Officer
held to include inter alia any damage to buildings, whether immediately
adjacent or otherwise and any damage to roads, footpaths, or ways as well
as all damage caused to the buildings and the work forming the subject to this
Contract by frost, rain or other inclemency of the weather. The Contractor shall
indemnify the LPAI and hold him harmless in respect of all and any expenses
arising from any such injury or damage to persons or property as aforesaid
and also in respect of any claim made in respect of injury or damage under
any acts of Government or otherwise and also in respect of an award of
compensation or damages consequent upon such claim. The contractor shall
make good all damages of every sort mentioned in the Clause, as to deliver up
the whole of the Contract works complete and perfect in every respect and so
as to make good or otherwise satisfy all claims for damage to the property of third
parties.
20.0 Insurance
20.1 The Contractor shall provide, in the joint names of the LPAI and the
Contractor, Insurance cover from the Start Date to the completion of work and
handing over to the LPAI for the amounts and deductibles stated in the
Contracted Amount for the following events which are due to the Contractor’s
risks and shall be covered under respective policies as under:
20.2 The contractor shall provide workmen compensation policy, obtained in his
name.
20.3 Policies and certificates for insurance shall be delivered by the Contractor
to the LPAI for the LPAI approvals before the Date of Start of work i.e., date
of execution of the contract. All such insurance shall provide for compensation to
be payable in the types and proportions of currencies required to rectify the loss
or damage incurred.
20.4 If the Contractor does not provide any of the policies and certificates required,
the LPAI may affect the insurance which the Contractor should have provided
and recover the premiums the LPAI has paid, from the contractor bills.
Otherwise due to the Contractor or if no payment is due, the payment of the
premiums shall be a debt due. The cost of premium will be deducted from the
contractor’s bill, if at any time the work remains uninsured.
20.5 Alterations to the terms of the insurance shall not be made without the
approval of the LPAI.
20.7 All policies in original shall be submitted to the LPAI before the release of
the 1st bill.
21.1 All debris, packing materials or other matter shall be at once carted away
by the contractor out of the premises/ site intimating the concerned
authorities. Any material brought on site if found unsuitable / surplus shall be
removed from site at once by the Contractor intimating the concerned authorities.
22.1 The representative of the LPAI at all times have free access to the works
and/or to the workshops, factories or other places where materials are being
prepared or executed for the Contract and also to any place where materials are
lying or from which they are being obtained. No person except the
representatives of Public authorities shall be allowed on the work at any time
without the written permission of the LPAI. If any work is to be done at a place
other than the site of the works, the Contractor shall obtain written permission of
the LPAI for doing so.
22.2 The LPAI and their representatives shall have the right to test and/ or
inspect the works to confirm their conformity to the contract, at all times,
whenever in progress either on the site on the Contractor’s premises wherever
situated or any firm or company where work in connection with this contract may
be in hand. All records, registers or documents relating to the works including
materials used on works shall be kept open to the inspection of the LPAI or
his Authorized representative.
22.3 The Contractor shall get the quality of work done inspected for material
and workmanship at different stages of execution as per instructions given by
the LPAI or their representative from time to time. Any item of work done which
is found not conforming to the Contract shall be rejected by the LPAI. The
decision of the LPAI in such cases shall be final.
22.4 The inspections and tests may be conducted on the premises of the
Contractor or at the Project site. When carried out on the premises of the
Contractor or its sub- Contractor(s), all reasonable facilities and assistance
including access to drawings and production data shall be furnished to the
inspectors at no charge to the LPAI.
22.6 The Contractor shall offer the Engineer or any representative of LPAI
every facility and assistance for examining the works and materials. The
Engineer or any representative of the LPAI shall have power to give notice to the
Contractor or to his staff, of non-approval of any work or materials and such work
shall be suspended or the use of such materials shall be discontinued until the
decision of the LPAI. Such examinations shall not in any way exonerate the
contractor from the obligations to remedy any defects which may be found to exist
at any stage of the work or after the same is completed.
23.1 The LPAI shall not be responsible for the payment of any claim for extra
work not included in the contract nor the Contractor shall be entitled to claim
any addition to the contract sum in respect of any changes or alterations in
the materials used unless the same shall have been ordered or sanctioned, as
the case may be, in writing by the LPAI.
24.1 If, it shall appear that the work has been executed with unsound,
imperfect or unskilled workmanship, or with material of any imperfect or any
inferior quality or otherwise not in accordance with the contract document, the
Contractor shall at his own cost rectify, reform, remove, or reconstruct the same,
either in the whole or in part, as may be directed by the LPAI, whether or not the
value of any such work or materials shall have been included in any payment
made to the Contractor.
24.2 The Contractor shall remove all debris etc., clean the roads/site and hand
over the site quite clean on completion of the work to the satisfaction of the LPAI.
25.1 Execution of the work and performance of the services shall be done
by the Contractor in accordance with the time schedule specified by the LPAI
in the Notice for Invitation of Tenders.
25.2 If, at any time during performance of the contract, the Contractor should
encounter conditions impending timely execution of the works and performance
of services, the Contractor shall promptly notify LPAI in writing of the fact of the
delay, its likely duration and its cause(s). As soon as possible, after receipt of
the Contractor’s notice, the LPAI shall evaluate the situation and may, entirely
(Signature of Contractor with seal) Page 44 of 84 Accepting Officer
at its discretion, extend the Contractor’s time for performance with or without
liquidated damages.
26.1 If the Contractor fails to execute any or all of the works or to perform the
services within the period(s) specified in the contract, the LPAI shall deduct
from the contract value, as liquidated damages, a sum specified in the SCC for
each week or part thereof delay until actual completion or performance, up to a
maximum deduction of the percentage specified in SCC. Once the maximum
is reached, the LPAI may consider termination of the contract. The pro-rata
progress envisaged and expected from the contractor shall be maintained, time
being the essence of the contract.
27.1 The Contractor shall not be liable for forfeiture of its performance security,
liquidated damages or termination by default, if and to the extent that, its delay in
performance or other failure to perform its obligations under the contract is the
result of an event of Force Majeure.
27.3 If a Force Majeure situation arises, the Contractor shall promptly notify the
LPAI in writing of such conditions and the cause thereof. Unless otherwise
directed by the LPAI in writing, the Contractor shall continue to perform its
obligations under the contract as far as is reasonably practical, and shall seek all
reasonable alternative means for performance not prevented by the Force
Majeure event.
28.1 The LPAI may without prejudice to any other right or remedy by a written
notice (of fifteen days) of default sent to the Contractor, terminate the contract in
whole or part:
a) If the Contractor fails to complete any or all of the works within the
period(s) specified in the NIT or any amendment thereof, or within any
extension thereof granted by the LPAI, or
b) If the Contractor fails to perform any other obligation(s) under the contract,
29.1 The LPAI may at any time terminate the contract by giving written fifteen
days notice to the Contractor, if the Contractor becomes bankrupt or otherwise
insolvent. In this event, termination will be without compensation to the
Contractor, provided such termination will not prejudice or affect any right of
action or remedy which has accrued or will accrue thereafter to the LPAI.
30.1 The LPAI, by written notice of fifteen days sent to the Contractor, may
terminate the contract, in whole or in part, at any time for its convenience. The
notice shall specify that the termination is for LPAI convenience, the extent
to which performance of the Contractor under the contract is terminated, and
the date upon which such termination becomes effective. The items of work
those are complete and ready after the Contractor’s receipt of notice of
termination shall be accepted, if completed within the notice period, by the
LPAI at the contract terms and values. For the remaining works, the LPAI may
elect.
a) To have any portion completed at the contract terms and value and/or
b) To cancel the remainder and pay to the Contractor an amount, finalized by
the LPAI, for partially completed works and for materials and parts
previously procured by the Contractor.
c) The contractor shall obtain written permission from the LPAI to complete
the incomplete items of work during the notice period.
31.1 The LPAI and the Contractor shall make every effort to resolve amicably
by direct informal negotiations any disagreement or dispute arising between
them under or in connection with the contract. If, after thirty (30) days from the
commencement of such informal negotiations, the LPAI and the Contractor
have been unable to resolve amicably a contract dispute, either party may require
that the dispute be referred for resolutions to the formal mechanisms specified in
the SCC. These mechanisms may include but are not limited to, Arbitration in
accordance with rules of Arbitration Act and award made in pursuance thereof
shall be binding on both the parties.
32.1 The contract shall be governed by the laws of The Union of India for the
time being in force. All disputes arising out of or in any way connected with
this agreement shall be deemed to have arisen in New Delhi and only the
courts in New Delhi alone shall have exclusive jurisdiction to determine the same.
33.0 Notices
33.1 Any notice given by one party to the other pursuant to this contract shall
be sent to other party in writing to the other party’s address specified in SCC.
A notice shall be effective on the date on which it is delivered, or on the notice’s
effective date, whichever is later.
34.1 The contractor on request from the LPAI, immediately dismiss from the
works any person employed by him who may be found in the opinion of the LPAI to
be unsuitable or incompetent or who has shown misconduct.
35.1 Normal working hours shall be from 9.00 a.m. to 6.00 p.m. Any works of
important nature should not be carried out on Sundays, Holidays and during
nights. However permission to work beyond normal working hours can be
granted by the LPAI in exceptional circumstances to achieve the target schedule
of completion.
36.0 Programme
36.1 Within the time stated in the Contract Data the Contractor shall submit
to the LPAI for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the works, along with
weekly cash flow forecast.
36.3 The Contractor shall submit to the LPAI, for approval, an updated
Program at intervals no longer than the period as stated in the clause. If the
Contractor does not submit an updated Program within this period, the
LPAI may withhold the amount stated in the Contract Data from the next
payment certificate and continue to withhold this amount until the next payment
after the date on which the overdue program has been submitted.
36.4 The LPAI approval of the Program shall not alter the Contractor’s
obligations. The Contractor may revise the Program and submit it to the LPAI
again at any time. A revised Program is to show the effect of Variations.
36.5 At any stage of work, LPAI may award any item/part of item of work to
contractor’s workman/ external agency, if in their opinion, the progress of work is
suffering because of that. The work done will be added to the Contractor’s bill
and the amount paid for the job will be deducted from the Contractor’s
account.
39.0 The contractor shall maintain a site order book at site for the purpose of quick
communication between the contractor and LPAI. Any communication relating to
the work may be conveyed through site order book. Such a communication
from one party to other shall be deemed to have been adequately served in
terms of contract. Each site order book shall have machine numbered pages in
triplicate, and shall be carefully maintained and preserved by the contractor, and
shall be made available to the LPAI as and when demanded. Any instructions
which the LPAI may like to issue to the contractor or the contractor may like
to bring to the LPAI two copies of such instructions shall be taken from the site
order book and will be handed over to the LPAI and the third copy will be
retained with contractor.
40.0 Infrastructure
40.1 For storage of materials, contractor has to provide at his own cost
sufficient fenced and covered appropriate area on site for storage of above
materials with lock and key arrangement.
42.1 The LPAI shall check the Contractor’s work and notify the Contractor of
any defects that are found. Such checking shall not affect the
Contractor’s responsibilities. The LPAI may instruct the Contractor to search for a
defect and to uncover and test any work that the LPAI consider may have a
defect.
43.0 Correction of Defects
43.1 The LPAI shall give notice to the Contractor of any defects before the
end of defects liability period, which begins at Completion and is defined in the
Contract Data. The defects liability period shall be extended for as long as
defects remain to be corrected.
43.2 Every time notice of defect is given, the Contractor shall correct the
notified Defect within the length of time specified by the LPAI notice.
44.1 If the Contractor has not corrected a defect within the time specified in the
LPAI notice, the LPAI will assess the cost of having the defect corrected, and
the LPAI will realize the cost of rectification from the contractor’s bill.
45.1 The contractor shall maintain the following registers at site of work and
should produce the same for inspection by LPAI whenever desired by them.
The contractor shall also maintain the records/registers as required by the
local authorities.
48.1 The Contractor shall request the LPAI to issue a Certificate of Completion of
the Works and the LPAI will do so upon deciding that the Work is completed.
49.1 The LPAI shall take over the Site and the Works after Completion, subject
to satisfaction of LPAI in regard to completion of work. Before handing over
the site, the contractor must obtain a site clearance certificate from the LPAI.
51.0 Taxes
51.1 Taxes to be deducted at source and charges for WCT/ Cess will be issued
to the contractor. The contractor will be required to deliver the cheque to the
concerned authorities, and the acknowledgement is to be deposited with LPAI.
DEFINITION
Chairman
Land Ports Authority of India
Ministry of Home Affairs
1st Floor, Lok Nayak Bhawan
Khan Market, New Delhi-03
2.1 Within fifteen days (15) from date of PO / WO, the Contractor shall
furnish Performance Guarantee to the LPAI amounting to 5 % of the accepted
Tender Value in the form of Bank guarantee from nationalized bank. The (Earnest
Money Deposit) EMD shall be returned on submission of the Performance
Guarantee.
3.0 PAYMENTS
a) 2.5% of the bill value shall be deducted from every bill. Half of SD will be
released with the final bill on submission of bank guarantees for equivalent
amount with validity period up to defect liability period (i.e, 12 months) plus
two months. (i.e. 14 months from the project completion date).
3.2 Payment Terms – Payment Terms – The pricing schedule for interim
payments will be drawn up and finalized mutually between Accepting Officer
and the contractor after the acceptance of the contract. The decision of the
Accepting Officer shall be final and binding. Accordingly contractor prepares
Running bills for interim payments for actual works executed on ground :
I) Deduction:-
a) Statutory deductions like TDS, GST, and service tax if any shall be
deducted.
II) Documents:-
j) Indemnity Bond in standard pro forma to indemnify the LPAI against all risks
arising during the performance of the contract.
m) A Certificate towards the effect that minimum Technical and Safety man
power was employed for the work execution Certified by the LPAI
representative as per the Tender Clauses.
The final bill complete in all respect shall be submitted by the contractor within
30 days from the completion of the work. The bill should be accompanied
with the following documents.
I) Deduction:-
a) Statutory deductions like TDS, GST, and service tax if any shall be
deducted LPAI reserves the right to adjust any excess / short payment
made in the earlier bills, at the time of making payments.
c) Adjustment of any excess / short payment made in the earlier bills, at the
time of making payments.
II) Document:-
b) Bank guarantee for 2.5% of Work Order value valid up to defect liability
period.
3.5 Defects Liability Period: 12 calendar months from the date of Issue of
Final completion certificate/Acceptance of work by LPAI.
3.6 Increase in cost: Quoted prices are firm and no escalation charges
on any account are allowed in this work. No claim will be entertained on
this account in future.
Contractor:
7.0 LABOUR
7.1 The Contractor shall make his own arrangements for the engagement
of all staff and labor, local or other, and for their payment, housing, food,
transport etc. No labor to stay at site.
7.2 The Contractor shall, if required by the L PAI deliver to the LPAI a
return in detail, in such form and at such intervals as the LPAI may
prescribe, showing the staff and the numbers of the several classes of
labor from time to time employed by the Contractor on the Site and such
other information as the LPAI may require.
7.6 The rates shall be complete in all respects i.e. inclusive of all taxes,
local taxes, work contract tax, Insurance charges nothing on any account
shall be paid over the approved rate.
7.7 All specialized and specific jobs shall be carried out by approved
agencies/vendors only.
7.8 The Contractor shall arrange temporary drinking water and sanitation
facilities for his workmen.
II. “Fair” wages means wages whether for time or piecework notified
by the Government from time to time for the locality of work.
VI. The contractor shall be primarily liable for all payments to be made
and for the observance of the regulations framed by the Govt., from
time to time without prejudice to his right to claim indemnity from his
sub-contractors.
VIII. Equal wages are to be paid for both men and women if the nature of
work is same and similar.
IX. The contractor shall arrange for the recruitment of skilled and
unskilled labor local and imported to the extent necessary to
complete the work within the agreed period as directed by the LPAI.
II. Providing protective foot wear, Goggles, nose masks, electrical hand
Gloves, helmet to the workers as per the site requirement.
III. Getting the workers in such jobs periodically examined for chest
trouble due to too much breathing in to fine dust.
VIII. The Contractor should isolate the work spot by providing safety
barricades, Signage boards etc.
11.5.1 In all other cases, any dispute submitted by a party to arbitration shall
be heard by an arbitration panel composed of three arbitrators, in accordance
with the provisions set forth below.
11.5.2 The LPAI and the Contractor shall each appoint one arbitrator, and
these two arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the two arbitrators do not succeed in appointing a third
arbitrator within Thirty (30) days after the later of the two arbitrators has been
appointed, the third arbitrator shall, at the request of either party, be appointed
by the Appointing Authority for third arbitrator which shall be the President,
Institution of Engineers.
11.5.3 If one party fails to appoint its arbitrator within thirty (30) days after the
other party has named its arbitrator, the party which has named an arbitrator
may request the Appointing Authority to appoint the second arbitrator.
11.5.4 If for any reason an arbitrator is unable to perform its function, the
mandate of the Arbitrator shall terminate in accordance with the provisions of
applicable laws and a substitute shall be appointed in the same manner as
the original arbitrator.
11.5.6 The decision of a majority of the arbitrators (or of the third arbitrator
chairing the arbitration panel, if there is no such majority) shall be final and
binding and shall be enforceable in any court of competent jurisdiction as
decree of the court. The parties thereby waive any objections to or claims of
immunity from such enforcement.
12.1 The Contractor shall take all reasonable steps to protect the
environment on and off the Site and to avoid damage or nuisance to
persons or to property of the public or others resulting from pollution,
noise or other causes arising as a consequence of his methods of
operation.
12.3 Salient features of some of the major laws that are applicable are given
below:
The Water (Prevention and Control of Pollution) Act, 1974: This provides
for the prevention and control of water pollution and the maintaining and
restoring of wholesomeness of water. ‘Pollution’ means such
contamination of water or such alteration of the physical, chemical or
biological properties of water or such discharge of any sewage or trade
effluent or of any other liquid, gaseous or solid substance into water
(whether directly or indirectly) as may, or is likely to create a nuisance or
render such water harmful or injurious to public health or safety, or to
domestic, commercial, industrial agricultural or other legitimate uses, or to
the life and health of animals or plants or of aquatic organisms. The Air
(Prevention and Control of Pollution) Act, 1981: This provides for
prevention, control and abatement of air pollution,‘Air Pollution’ means the
presence in the atmosphere of any air pollutant’, which means any solid,
liquid or gaseous substance (including noise) present in the atmosphere in
such concentration as may be or tend to be injurious to human beings or
other living creatures or plants or property or environment. The
Environment (Prevention and Control of Pollution) Act, 1986: This
provides for the protection and improvement of environment and for matters
connected to herewith, and the prevention of hazards to human beings.
Other living creatures, plants and property, ‘Environment’ includes water,
air and land and the interrelationship which exists among and between
water, air and land, and human beings, other living creatures, plants,
micro-organism and property. The Public Liability Insurance ACT 1991:
13.4 The Contractor may employ more number of site Engineers other
than above mentioned Engineers to get quality workmanship and maintain
all statutory records.
16.1 LPAI shall not be responsible for any injury or loss of life of any
worker of the contractor that may take place while on work. Any
compensation or expenditure towards treatment for such loss of life or
injury shall be the sole responsibility of the contractor.
17.0 PAYMENTS FOR QUANTIFIED ITEMS: Since the payments are based
on actual site measurement, the contractors are advised to procure the
materials based on actual site requirement. Payment will not be made
for left out and unused materials.
18.0 TAXES
18.1 During the currency of the contract, deduction of TDS as
applicable from the gross value of each bill of the contract.
18.2 The contractor’s staff, personnel and labor will be liable to pay
personnel income taxes in respect of their salaries and wages as are
chargeable under the laws and regulations for the time being in force, and
the contractor shall perform such duties in regard to such deductions
thereof as may be imposed on him by such laws and regulations.
18.3 GST, service tax and Labor Cess, Seignerage (if applicable) as per
rule will be borne by the contractor. Taxes to be deducted at source and
cheques for service tax / WCT / Cess / Seignerrage (if applicable) will be
issued to the contractor. The contractor will be required to deliver the
cheque to the tax authorities, the acknowledgement of which will be
deposited by the contractor with LPAI along with subsequent bill.
18.4 The contractor shall submit to LPAI proof of payment of service tax to
concerned tax authorities from time to time on demand.
The Road work shall confirm in all respects to the Indian Standard
Code of Practice for Road works and MORTH Specifications.
Wherever the specifications of this tender document calls for higher
standard of material and/or workmanship than those required by any
of the above codes and regulations then this specifications shall take
precedence over the said regulations and standards.
23.20 To execute all the works referred to in the said documents up to the
terms and conditions contained or referred to therein and to carry out such
deviations as may be ordered up to maximum of 10 percent.
23.40 If total deviation of quantity is beyond the deviation limit ± 10% of the
contract then deviations beyond the limit of ± 10% should not be made at site
without approval of competent sanction authority. Consent of Contractor also
required if deviation of quantity + 10% of the contract is ordered.
23.50 The LPAI shall determine any extra or additional work done or work to
be omitted by his order in writing. All such work shall be valued in the manner
mentioned hereunder;
a) If similar item of work is available in the Bill of quantities then rate in BOQ
or a rate derived from BOQ rate shall be applied.
b) If a similar item of work is not available in the Bill of Quantities then the
rates as available in CPWD Schedule of rates-2016 or its revision from time to
time prevailing during execution of such extra items, shall be applicable.
Provided that no variation of the rate shall be made unless as soon as after
the date of order as practicable and before the commencement of the work or
thereafter as soon as it is practicable notice shall have been given in writing.
23.60 The time for completion of the works shall, in the event of any
deviations resulting in additional cost over the tendered value sum being
ordered, be extended, if requested by the contractor, as follows:-
(b) 25% of the time calculated in (a) above or such further additional
time as may be considered reasonable by the Engineer-in-Charge
which decision shall be final and binding on the contractor.
3. We, the said Bank, further undertake too pay the Chairman any money
so demanded notwithstanding any dispute or disputes raised by the
contractor(s) in any suit or proceeding pending before any Court or Tribunal
relating thereto, our liability under this present being absolute and
unequivocal. The payment so made by us under this bond shall be valid
discharge of our liability for payment there under, and contractor(s) shall
have no claim against us for making such payment.
6. This guarantee will not be discharged due to the change in the constitution
of the Bank or the contractor(s).
2. Supply and Filling selected earth obtained from approved source (excluding
rock) in trenches or embankment in layers (each layer should not exceed 15 cm),
including compacting each layer by rolling/ ramming and watering, all complete as
per drawing and direction of Engineer -in - charge.
3. Providing and laying of Granular Sub base 30 Cm thick in two layers each of
15 cm thick (consolidated with natural sand, moorum, gravel or any material as per
Table 400-1 of MORT&H specification for road and bridge work, 5 th revision 2013,
including supply of materials, spreading in layers over the prepared surface, watering
and consolidation all complete to the proper grade, level and camber, through rolling
with soil compactor with necessary hand packing and pinning to give an even
surface, including running expenses of all plants and machineries, inclusive of proper
traffic control during laying to the satisfaction of Engineer, including manual
operation as and when required for quality control tests at required interval etc
complete in all respect as directed. All as specified, complete as per clause 401 of
MORT&H specification for Road & Bridge works (5th Revision, 2013)
All materials to be used, all methods adopted and all works performed shall be
strictly in accordance with the requirements of the specification mentioned
hereunder.
1. GENERAL
2 QUALITY CONTROL
2.2 Immediately on taking over the site, Engineer and contractor shall carry out joint
survey for longitudinal section and cross-section of entire work area and plot it
suitably at appropriate scale. The width of area at every cross-section shall be
recorded. This survey shall be incidental to the works and nothing extra shall be paid
to contractor on this account.
4. GRANULAR SUB-BASE
4.1 Scope
This work shall consist of laying and compacting well-graded material on prepared
subgrade in accordance with the requirements of these Specifications. The material
shall be laid in one or more layers as sub-base or lower sub-base and upper sub-
base (termed as subbase hereinafter) as necessary according to lines, grades and
cross-sections shown on the drawings or as directed by the Engineer.
4.2 Materials
4.2.1 The material to be used for the work shall be natural sand, crushed gravel,
crushed stone, or combination thereof depending upon the grading required. The
material shall be free from organic or other deleterious constituents and shall
conform to the quality standards as prescribed in the specifications.
Table 400-1 prescribes four gradings for Granular Sub-Base (GSB). Gradings I and
II in Table 400-1 are well graded granular sub-base materials. These can be used at
4.2.2 Physical requirements: The material shall have a 10 percent fines value of
50kN or more (for sample in soaked condition) when tested in compliance with
IS:2386 (Part IV) 1963. The water absorption value of the coarse aggregate shall be
determined as per IS:2386 (Part 3). If this value is greater than 2 percent, the
soundness test shall be carried out on the material delivered to site as per IS:383.
For Gradings II and IV materials, the CBR shall be determined at the density and
moisture content likely to be developed in the field.
It shall be ensured prior to actual execution that the material to be used in the sub-
base satisfies the requirements of CBR and other physical requirements when
compacted and finished.
When directed by the Engineer, this shall be verified by performing CBR tests in the
laboratory as required on specimens remoulded at field dry density and moisture
content.
Note: The material passing 425 micron (0.425 mm) sieve for all the gradings when
tested according to IS:2720 (Part 5) shall have liquid limit and plasticity index not
more than 25 and 6 percent respectively.
4.2.1, mixing shall be done mechanically. Mixing shall be done in a separate yard by
pugmill or other approved mechanical means so as to issue homogenous & uniform
mix. Moisture content of the loose material shall be checked in accordance with
IS:2720 (Part 2) and suitably adjusted by sprinkling additional water from a truck
mounted or trailer mounted water tank and suitable for applying water uniformly and
at controlled quantities to variable widths of surface or other means approved by the
Engineer so that, at the time of compaction, it is from 1 percent above to 2 percent
below the optimum moisture content corresponding to IS:2720 (Part 8). While adding
water, due allowance shall be made for evaporation losses. After water has been
added, the material shall be processed by mechanical or other approved means until
the layer is uniformly wet.
Immediately thereafter, rolling shall start. If the thickness of the compacted layer
does not exceed 100 mm, a smooth wheeled roller of 80 to 100 kN weight may be
used. For a compacted single layer upto 200 mm the compaction shall be done with
the help of a vibratory roller of minimum 80 to 100 kN static weight with plain drum or
pad foot-drum or heavy pneumatic tyred roller of minimum 200 to 300 kN weight
having a minimum tyre pressure of 0.7 MPa or equivalent capacity roller capable of
achieving the required compaction. Rolling shall commence at the lower edge and
proceed towards the upper edge longitudinally for portions having unidirectional
crossfall and super-elevation shall commence at the edges and progress towards the
centre for portions having crossfall on both sides.
Each pass of the roller shall uniformly overlap not less than one-third of the track
made in the preceding pass. During rolling, the grade and crossfall (camber) shall be
checked and any high spots or depressions which become apparent, corrected by
removing or adding fresh material. The speed of the roller shall not exceed 5 km per
hour.
Rolling shall be continued till the density achieved is at least 98 percent of the
maximum dry density for the material determined as per IS:2720 (Part 8). The
surface of any layer of material on completion of compaction shall be well closed,
free from movement under compaction equipment and from compaction planes,
ridges, cracks or loose material. All loose, segregated or otherwise defective areas
shall be made good to the full thickness of layer and re-compacted.
The surface finish of construction shall conform to the requirements of Clause 902.
Control on the quality of materials and works shall be exercised by the Engineer in
accordance with Section 900.
During the period of construction, arrangements for the traffic shall be provided and
maintained in accordance with Clause 112.
4.8 Rate
The Contract unit rate for granular sub-base shall be payment in full for carrying out
the required operations including full compensation for:
i) making arrangements for traffic to Clause 112 except for initial treatment to verges,
shoulders and construction of diversions;
ii) furnishing all materials to be incorporated in the work including all royalties, fees,
rents where applicable with all leads and lifts;
iii) all labour, tools, equipment and incidentals to complete the work to the
Specifications;
iv) carrying out the work in part widths of road where directed; and
6. For what so ever reasons, if any part of LPAI tender document is not
uploaded/submitted by the bidder, other than financial and technical offers and
requisite Pre-Qualifying credentials, in that case the missing part of the tender
document shall be treated as read and acceptable to bidder.
TOTAL
Total amount in words (Rupees …............................. ….................... …..........
…......... …...........…..............................................................................)
3. The rates quoted by the contractor shall be deemed to be inclusive of all taxes
(including Sales Tax/GST on materials, Sale Tax/GST on Works Contracts, Turnover
Tax, Service Tax, Labour Welfare Cess/Tax etc), duties, Royalties, Octroi, State
Entry Tax & other levies payable under the respective statutes. No re-
imbursement/refund for variation in rates of taxes, duties, royalties, Octroi, State
Entry & other levies, and or imposition/abolition of any new/existing taxes , duties,
royalties, octroi, State entry Tax & other levies shall be made except as provided in
Special Conditions.
6. The rates to be quoted by the contractor for various items shall include for
―material and labour/Supply and fix, connecting, Jointing, Testing and
Commissioning complete unless otherwise specifically mentioned therein.
7. The amount of contract is not firm but shall be treated as the contract sum
8. Measurements of works done shall be as per units of items given in Price Bid
(boQ) and this mode of measurement shall take as per Clause 113 of MORT&H
Specification for road & bridge works (fifth revision). The rate be quoted considering
Clause 114 of MORT&H specification (fifth revision).
9 Unit RM, mm cum, Sqm, Kg and Quintal or Qtl, wherever ,mentioned in the
tender documents denotes the unit, Running Metre, Millimeter, Cubic Metre, Square
Metre, Kilogram, and Quintal respectively.
11. The security will be arranged by the contractor for his personnel and
equipment during the execution of work. No compensation will be paid by LPAI on
account of any loss age to personnel, property, veh/eqpt/plant of contractor during
execution of work or on any account.
12. Site for execution of work shall be handed over on the date of commencement
of the work as indicated in the work order No. 01. In case it is not possible for the
department to hand over the entire site on the date of commencement and certain
portion of the site is handed over later on then contractor shall make his
planning/deployment of resources accordingly and no claims of whatsoever nature
on this account shall be entertained.
13. In case of tie in the financial bids, the agency having more turnover (average
turnover last three years) will be taken as L1.
14. It is to certify that I/We before filling & signing this Price Bid have read
and fully understood the term & conditions of the tender document and
undertake myself / ourselves to abide by them.
Date: (SIGNATURE) :
(NAME) :
(SEAL) :
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