RFP Tunnel
RFP Tunnel
RFP Tunnel
FOR
CONTRACT: HRIDC/TNL/HORC/2020
Detailed Design, Geological Mapping, Geo Technical Investigations, and other
ancillary works in connection with construction of Tunnel and its approaches in
Sohna-Manesar Section of ‘Haryana Orbital Rail Corridor’ Project in the state of
Haryana.
February 2020
The Haryana Rail Infrastructure Development Corporation invites on line bids from eligible
bidders on the websitehttps://etenders.hry.nic.in for the works as detailed in the table. e-Tender is
invited for below mentioned work in single stage two cover system i.e. for Technical Bid (online
Bid under PQQ/ Technical Envelope) and Financial Bid (comprising of price bid Proposal under
online available Commercial Envelope):-
Under this process, the Pre-qualification/ Technical online bid Application as well as online
Price Bid shall be invited at single stage under two covers i.e. PQQ/Technical & Commercial
Envelope. Eligibility and qualification of the Applicant will be first examined based on the
details submitted online under first cover (PQQ or Technical) with respect to eligibility and
qualification criteria prescribed in this Tender document. The Price Bid under the second cover
shall be opened for only those Applicants whose PQQ/ Technical Applications are responsive to
eligibility and qualifications requirements as per Tender document.
The payment for Tender Document Fee and e-Service Fee shall be made by eligible bidders
online directly through Debit Cards & Internet Banking Accounts and the payment for EMD can
be made online directly through RTGS/NEFT Please refer to ‘Online Payment Guideline’
available at the Single e-Procurement portal of GoH (Govt. of Haryana) and also mentioned
under the Tender Document.
Intending bidders will be mandatorily required to online sign-up (create user account) on the
website https://etenders.hry.nic.into be eligible to participate in the e-Tender. He/She will be
required to make online payment of above mentioned EMD fee. The intended bidder, who fails
to pay EMD fee under the stipulated time frame, shall not be allowed to submit his / her bids for
the respective event / Tenders. The tenderer should refer to Annexure to NIT for instructions
regarding Electronic Tendering System.
The interested bidders shall have to pay mandatorily e-Service fee (under document fee – Non
refundable) of Rs.1000/- (Rupee One Thousand Only) plus GST online by using the service of
secure electronic gateway.
The contractual Agencies can submit their tender documents as per the dates mentioned in the
key dates schedule.
Sr. Item Start date and time Expiry Date and Time
No.
1. Release of tender 13.02.2020 at 5:00 13.03.2020 upto 3:00
PM PM
2. Tender Bid Preparation and 20.02.2020 at 5:00 13.03.2020 upto 3:00
submission PM PM
3 Technical Bid Opening 13.03.2020 from 3:00 PM to 5:00 PM
4 Technical Evaluation
5 Opening of Financial Bid Date will be separately intimated to the
eligible bidders.
Important Notes:
In case financial bid is submitted but EMD has not been submitted by any bidder, then
bidder would be debarred from further tendering in HRIDC for a period of minimum 3
years.
CONDITONS:-
1) DNIT & Prequalification criteria can be seen on website and also on any working day
during office hours in office of the undersigned.
2) Conditional tenders will not be entertained & are liable to be rejected.
3) In case the day of opening of tenders happens to be holiday, the tenders will be opened on
the next working day. The time and place of receipt of tenders and other conditions will
remain unchanged.
4) The undersigned reserve the right to reject any tender or all the tenders without assigning
any reason.
5) The tender without EMD will not be opened and summarily rejected.
6) The jurisdiction of court will be at Panchkula/ Chandigarh.
7) The tender of the bidder who does not satisfy the qualification criteria in the bid
documents are liable to be rejected without assigning any reason and no claim
whatsoever on this account will be considered.
8) The bid for the work shall remain open for acceptance during the bid validity period to be
reckoned from the last date of ‘submission of online tender / bid. If any bidder/ renderer
withdraws his bid/ tender before the said period or makes any modifications in the terms
and conditions of the bid, the said earnest money shall stand forfeited. Bids would require
being valid for 90 days from the date of bid. In case the last day to accept the tender
happens to be holiday, validity to accept tender will be the next working day.
DGM (Project),
HRIDC
These conditions will over-rule the conditions stated in the tender documents, wherever
relevant and applicable.
2.2. A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant’s PAN
Card) and Address proofs and verification form duly attested by the Bank Manager / Post
Master / Gazetted Officer. Only upon the receipt of the required documents, a digital
certificate can be issued. For more details please visit the website –
https://etenders.hry.nic.in
2.3. The bidders may obtain Class-II or III digital signature certificate from any Certifying
Authority or Sub-certifying Authority authorized by the Controller of Certifying
Authorities or may obtain information and application format and documents required for
the issue of digital certificate from.
2.4. The bidder must ensure that he/she comply by the online available important guidelines at
the portal https://etenders.hry.nic.in for Digital Signature Certificate (DSC) including the e-
Token carrying DSCs.
Ms Manju Aggarwal .
Tehchnical Director,
Scientist-E, NIC.
Panchkula.
E - mail: a.manju@nic.in
Help Desk: 0172 – 584257, 94170-69017.
2.5. Bid for a particular tender must be submitted online using the digital certificate
(Encryption & Signing), which is used to encrypt and sign the data during the stage of bid
preparation. In case, during the process of a particular tender, the user loses his digital
certificate (due to virus attack, hardware problem, operating system or any other problem)
he will not be able to submit the bid online.
Hence, the users are advised to keep a backup of the certificate and also keep the copies
at safe place under proper security (for its use in case of emergencies).
2.6. In case of online tendering, if the digital certificate issued to the authorized user of a firm is
used for signing and submitting a bid, it will be considered equivalent to a no-objection
certificate/power of attorney /lawful authorization to that User. The firm has to authorize a
HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 7
specific individual through an authorization certificate signed by all partners to use the
digital certificate as per Indian Information Technology Act 2000. Unless the certificates
are revoked, it will be assumed to represent adequate authority of the user to bid on behalf
of the firm in the department tenders as per Information Technology Act 2000. The digital
signature of this authorized user will be binding on the firm.
2.7. In case of any change in the authorization, it shall be the responsibility of management/
partners of the firm to inform the certifying authority about the change and to obtain the
digital signatures -7- of the new person / user on behalf of the firm / company. The
procedure for application of a digital certificate however will remain the same for the new
user.
2.8. The same procedure holds true for the authorized users in a private/Public limited
company. In this case, the authorization certificate will have to be signed by the directors
of the company.
For purchasing the tender documents online, bidders are required to pay the tender documents
fees online using the electronic payments gateway service shall be integrated with the system
very soon till then it will be submitted manually. For online payments guidelines, please refer to
the Home page of the e-tendering Portal https://etenders.hry.nic.in
In order to operate on the electronic tender management system, a user’s machine is required to
be set up. A help file on system setup/Pre-requisite can be obtained from National Informatics
Center or downloaded from the home page of the website - https://etenders.hry.nic.in the link for
downloading required java applet & DC setup are also available on the Home page of the e-
tendering Portal.
The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders
floated through the single portal e-tendering system on the Home Page at
https://etenders.hry.nic.in
The tender documents can be downloaded free of cost from the e-tendering portal
https://etenders.hry.nic.in
The bidders are strictly advised to follow dates and times as indicated in the online Notice
Inviting Tenders. The date and time shall be binding on all bidders. All online activities are time
tracked and the system enforces time locks that ensure that no activity or transaction can take
place outside the start and end dates and the time of the stage as defined in the online Notice
Inviting Tenders.
8. Online Payment of Tender Document Fee, eService fee & EMD fees & Bid Preparation &
Submission (PQQ/ Technical & Commercial/Price Bid):
8.1. Online Payment of Tender Document Fee + e-Service fee: The online payment for
Tender document fee, eService Fee & EMD can be done using the secure electronic
payment gateway. The Payment for Tender Document Fee and eService Fee shall be
made by bidders/ Vendors online directly through Debit Cards & Internet Banking
Accounts and the Payment for EMD shall be made online directly through RTGS /
NEFT & OTC.
The secure electronic payments gateway is an online interface between contractors and
Debit card/ online payment authorization networks.
(A) Bidders participating in online tenders shall check the validity of his/her Digital
Signature Certificate before participating in the online Tenders at the portal
https://etenders.hry.nic.in.
(B) For help manual please refer to the ‘Home Page’ of the e-tendering website at
https://etenders.hry.nic.in, and click on the available link ‘How to...?’ to download the
file.
In the first instance, the online payment details of tender document fee+e-Service and EMD &
PQQ/Technical Envelope shall be opened. Henceforth financial bid quoted against each of the
item by the shortlisted bidder/ Agency wherever required shall be opened online in the presence
HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 9
of such bidders/ agency who either themselves or through their representatives choose to be
present.
The bidder can submit online their bids as per the dates mentioned in the schedule/Key Dates
above.
These conditions will over-rule the conditions stated in the tender documents, wherever
relevant and applicable.
Other Information:
1. The intending Contractors shall fill in the item rate in the online BOQ templates of the
tender.
2. Duly accepted power of Attorney in original along with its two certified copies in the
name of tenderer or authorized representative to act on behalf of the agency.
3. Bidder must strictly abide by the stipulations set forth in detailed notice inviting tenders
while tendering for the work.
4. In case any tender does not comply with procedure given in the DNIT, it will be
presumed that the contractor is not interested in work and the work shall not be let out to
him. Further he may be de-barred without further notice to him for failing to abide by the
approved terms of detailed notice inviting tenders for this work.
5. The tenders which are not accompanied by the earnest money or do not strictly follow the
technical requirement, are liable to be rejected summarily without arising any reason and
no claim what so ever on their account will be considered.
6. Tenders quotations which are dependent upon the quotations of another tender shall be
summarily rejected.
7. Steel reinforcement bars are to be arranged by the contractor of approved quality.
DGM (Project),
HRIDC,
Chandigarh.
Phone: 0172-2715644
Email: hridc2017@gmail.com
To,
Managing Director,
Haryana Rail Infrastructure Development Corporation Limited,
SCO 17-19, 3rd Floor,Sec-17A,
Chandigarh
E-mail: hridc2017@gmail.com
Dear Sir,
I/We, ____________________________ (Name and address of the tenderer) have read the
various terms and conditions of the Tender documents attached here with duly signed by me/us
and agree to abide by the same. I/We also agree to keep this bid open for acceptance for a period
of 90 days from the date fixed for opening the same and on default thereof our Earnest Money
(Bid Security) is liable to be forfeited.
I/We hereby declare that we have visited the site of the work and have made ourselves fully
conversant of the conditions therein and including the topography of area, soil strata at site of
work, sources and availability of construction materials, rates of construction materials, water,
electricity, all local taxes, royalties, octroi etc., availability of local labour (both skilled and
unskilled), relevant labour rates and labour laws, the existing road and approaches to the site of
work, requirements for further service roads/approaches to be constructed by me / us, the
availability and rates of private land etc. that may be required by me / us for various purposes,
climatic conditions, law and order situation and availability of working days.
I/We have quoted our rates for various items in the Bill of Quantities taking into account all the
above factors and We offer to do the work
“_____________________________________________” (Name of the work) at the rates quoted
in the attached Bill of Quantities and hereby bind ourselves to complete the work in all respects
within time schedule depicted in bid documents from the date of issue of letter of acceptance of
bid.
i) I/We do not execute the Contract Agreement within time period specified in the bid
documents.
ii) I/We do not commence the work as soon as is reasonably possible after the receipt of the
Letter of Acceptance or elsewhere stated in the Contract documents.
Our bank account no. for the purpose of refund of EMD is ……………. (Account no./ name of
the A/c holder, other details of NEFT/RTGS).
Thanking you,
Yours Faithfully,
A. General
1)GENERAL
i. Name of the Work: As indicated in ‘Appendix to Tender’.
ii. “A bidder in the capacity of Individual or Sole Proprietor, Partnership Firm orCompany
can participate in the tender and forward attested copies of the constitution of its firm such
as Partnership Deed, Memorandum & Articles ofAssociation, etc. along with original
Power of Attorney of authorised signatory”.
v. Throughout these bidding documents, the terms “bid” and “tender” and their derivatives
(“bidder”/ “Bidder”),“bid/tendered”, “bidding”/ “tendering”, etc.) are synonymous. Day
means calendar day. Singular also means plural.
c) A bidder shall submit only one bid in the capacity of an Individual or Sole
Proprietor, Partnership firm or a Company. Violation of this condition is liable to
2) Cost of bidding
The bidder shall bear all costs associated with the preparation andsubmission of the
bid and the Employer will in no case be responsible or liable for these costs
regardless of the conduct or the outcome of the bidding process.
Any Bid not conforming to the prescribed format is liable to be declared non-responsive.
ii. The bidder is expected to examine all instructions, terms, conditions, forms,
specifications and other information in the bidding documents.Failure to furnish all
information required by the bidding documents orsubmission of a bid not
substantially responsive to the bidding documents in every respect will be at the
bidders' risk and may result in rejection of his bid.
i. The bidder must obtain for itself on its own responsibility and its own cost all the
information including risks, contingencies & other circumstances in execution of the
work. It shall also carefully read and understand all its obligations & liabilities given in
tender documents.
ii. The bidder is advised to visit and examine the site where the work is to be executed
and its surroundings or other areas as deemed fit by the bidder and obtain for itself on
its own responsibility all information that may be necessary for preparing the bid and
execution of the contract. The cost of visiting the site and collecting relevant data shall
be at the bidder’s own expenses. It is a condition of the tender that the Bidder is
deemed to have visited the site and satisfied him-self with all the conditions prevailing
including any difficulties for executing the work.
iv. Employer may at its discretion extend the deadline for submission of the bids at any
time before the time of submission of the bids.
C. Preparation of Bid
5) Language of Bid
i. The bid prepared by the bidder and all documents related to the bid shall be written in
English.
i. All the pages of the tender documents, drawings and Bill of Quantities uploaded by
tenderer shall be deemed to have been signed by the tenderer.
ii. The tenderer must fill and submit the prices as per instructions given in Bill of
Quantities. The requisite details should be filled in by the tenderer wherever required
in the documents. Incomplete tender or tender not submitted as per instructions is
liable to be rejected. Check list for the documents required to be submitted online
given in Annexure- II must be uploaded not later than the prescribed date and time for
bid submission.
7) Deviations
i. The bidder should clearly read and understand all the terms and condition,
specifications, drawings, etc. mentioned in the original tender documents.
Any deviation submitted by the Bidder shall not be accepted.
8) Earnest Money
i. The bidder must furnish the Earnest Money as indicated in ’Appendix to Tender’ for
the work as specified failing which the tender shall be summarily rejected. The Earnest
Money has to be deposited online as mentioned in DNIT.
a) The Tender shall remain valid for the period indicated in “Appendix to
Tender” after the date of the opening of the tender. If the Bidder gives validity
period less than that fixed/prescribed by Employer, the tender shall be liable to
be rejected.
b) Notwithstanding the above clause, Employer may solicit the Bidders’ consent
to an extension of the validity period of the tender. The request and the
response shall be made in writing.
D. Submission of Bids
i. The tender duly filled must be uploaded online not later than the date and time
mentioned in the “Notice Inviting Tender”.
ii. Submission of a tender by a tenderer implies that he had read all the tender documents
including amendments if any, visited the site and has made himself aware of the scope
and specifications of the work to be done, local conditions and other factors having any
bearing on the execution of the work.
ii. The Schedule of Items and Quantities of the above tender comprises of schedule/
BOQ. Bidder may quote his rates for all the items in the schedule. The tender will be
evaluated on the basis of quoted rates/cost for all items in schedule, for which it is
necessary that the Bidder quotes his rates for all the items contained in each schedule.
Thus the tender will be decided as per the cost received for schedule/items
(Equipment) and it may happen that the total supplies covered under this tender are
awarded to different Bidders on the basis of their quoted cost for each schedule/items
(equipment). HRIDC’s decision in all such matters shall be final and binding on all the
Bidders.
iii. The Employer/Engineer reserves the right to negotiate the offer submitted by the
Bidder to withdraw certain conditions or to bring down the rates to a reasonable level.
The Bidder must note that during negotiations of rates of items of BOQ can only be
reduced and not increased by the Bidder. In case the Bidder introduces any new
condition or increases rates of any item of BOQ, his negotiated offer is liable to be
rejected and the original offer shall remain valid and binding on him.
14) Canvassing:
i. No Bidder is permitted to canvass to Employer on any matter relating to this tender.
Any Bidder found doing so may be disqualified and his bid may be rejected.
ii. They are currently debarred from contract work by Central or State Government or a
CPSU.
Accordingly, Bidders are required to sign an Affidavit as per the enclosed pro-forma
in Annexure-I, declaring their status of non-performance or debarment.
FORMAT
AFFIDAVIT*
1. I/we, the undersigned, do hereby certify that all the statements made in the enclosed
attachments are true and correct.
i. Neither our firm M/s _____________________ have abandoned any work awarded to us
by any Authority / Department of Government of India or Govt. of Haryana or CPSU or
any multi-laterally funded project work nor any contract awarded to us for such works
have been rescinded, during the last 2 years prior to the date of this bid.
or
The details of contracts awarded to us by the Authorities / Departments of Government of
India, Govt. of Haryana, CPSUs and the multi-laterally funded projects which have been
abandoned / rescinded during the last 2 years prior to the date of this bid and the reasons
there for are enclosed**.
ii. We have not been declared a non-performer by any Authority / Department of Government
of India or Govt. of Haryana or a CPSU or a multi-laterally funded agency during the last 2
years prior to the date of this bid.
iii. We are not debarred for any contract work by any Authority / Department of Government
of India Govt. of Haryana or CPSU or a multi-laterally funded agency.
Or
1. We were debarred for contract work by __________ for a period of _____ and the
debarred period is already over. ***
2. We have no objection to HRIDC requesting to any bank, person, firm or body and any
such agency furnishing pertinent information as deemed necessary or to verify this
statement or regarding our competence and general reputation.
5. We have read and understood all the provisions included in the bid documents and
abide by them.
HARYANA RAIL INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 22
6. The information furnished by us is correct and we understand the consequences in case
any of the information furnished is not found to be true.
Dated:
---------------------------------------------------------
** If no details are attached, it will be presumed that there is no rescission of any contract in
the relevant two years. A wilful suppression of information mayresult in termination
of Contract and debarring for two years.
*** Disputes pending with courts may be listed along with their status.
All reference dates are to be reckoned from the date of opening of tender.
CHECK LIST FOR LIST OF DOCUMENTS duly page numbered, signed, stamped
byauthorised signatory of the firm with the tender and submit at the address specified in the
“Notice Inviting Tender” not later than the prescribed date and time for bid submission:
The above work, if executed as part of any other work, will also be considered
eligible.
b) The financial turnover shall be judged from ITCC or Annual Reports including Profit
and Loss Account.
c) The Contractor should have positive net worth. This will be judged from the audited
Balance Sheet of the last financial year ending on a date not prior to 18 months from
the due date of submission of the tender.
f) Tenderer has to satisfy the eligibility criteria for technical capability and competence
as well as for financial capacity and organizational resources.
Note:
i. Bidders must enclose Name, date of birth and complete testimonials of the experts
proposed to be deployed on the project.
ii. Marks shall be awarded as per the relevance of experience with each of the experts.
Discretion of HRIDC in evaluating the experts cannot be challenged.
iii. Proportionate marks may be awarded in case of experts falling short in relevant
experience.
iv. Persons with the approved CV will have to be mobilized to carry out the work
totalling up to the time period mentioned against each position.
v. Some experts may continue till the execution of works start in the field and relevant
records of control of alignment, utility survey, etc. have been handed over to the
Contactors. The terms of their engagement can be negotiated in case required.
B. Short-listing of Applicants
i. The contractors should pass in all items of “Essential Qualifying Criteria”. In case of
the bidder not meeting the Essential qualifying criteria, no further evaluation of the
bid will be carried out and the bidder will be disqualified.
ii. The tenderers will have to show the availability of adequate trained manpower as per
A3 above (To be filled by Tenderer in Format 1,2 & 3).
ii. In the second stage, the financial evaluation will be carried out as per Clause D.
Each Financial Proposal will be as stamped and signed a financial score (SF).
iii. For financial evaluation, the total cost indicated in the Financial Proposal (Quoted
Price in BOQ) will be taken inclusive of Service Tax etc.
iv. HRIDC will determine whether the Financial Proposals are complete, unqualified
and unconditional. The cost indicated in the Financial Proposal shall be deemed as
final and reflecting the total cost of services. Omissions, if any, in costing any item
shall not entitle the firm to be compensated and the liability to fulfill its obligations
as per the TOR within the total quoted price shall be that of the Consultant. The
lowest financial proposal (FM) will be given a financial score (SF) of 100 marks.
The financial scores of other proposals will be computed as follows:
i. The composite score of a bidder which shall be the deciding factor in award of the
work shall be worked out as under:
Where, St & Sf are the technical and financial scores of a bidder respectively.
ii. Bidder with the highest composite score shall be considered for the award of work.
In case, bidders have same composite score then the bidder who has highest
technical score (St) shall be considered for award of work. Further, in case
technical score are also same then the bidder who has executed more eligible
assignments shall be considered for the award of work.
Penalty Any
Name and Date of Value of Reasons ,if any, Remarks
address of Contract award Stipulated Date of completed for imposed other
S. Description the No. and of date of actual work (In delays, for relevant
No. of the Work Employer date work completion completion Lacs of Rs.) if any delay information
1
2
3
4
5
6
Note:
1
2
3
Note:
• Please attach certified/attested copies of the latest ITCC and/or Profit and Loss
Account statement to support the information furnished.
2. MOBILISATION ADVANCE:
3. SUPPLY OF MATERIALS
Consultant shall make his own arrangements at his cost for all materials required for
execution, completion and maintenance of all items of work included in his scope of
work to the complete satisfaction of the Engineer. Engineer shall not supply any materials
nor shall assist for procurement of any materials required for execution, completion and
maintenance of works.
Consultant shall make his own arrangements at his cost for all Plant and Machinery
required for execution, completion and maintenance of all items of work included in his
scope of work to the complete satisfaction of the Engineer. Engineer shall neither supply
any Plant and Machinery nor assist for procurement of any Plant and Machinery required
for execution, completion and maintenance of works.
The laboratory tests on samples shall be done through national reputed agency approved
by HRIDC.
The Consultant shall have to arrange for all field / lab tests at his own cost for carrying
out all the tests required, as per Specifications or as stated elsewhere in the contract,
including supply of laboratory equipment and also provision of adequate number of
i. The Consultant shall get registered with the concerned Sales Tax Department of
the relevant state(s) of the project and submit a copy of the same to the
Employer/Engineer. He shall be responsible for filing sales tax returns and
assessments, as necessary as per prevalent Laws, Rules and Regulations and shall
also furnish necessary certificates to Employer/Engineer from time to time.
ii. Employer/Engineer intends to register with the Sales Tax Department under the
Composition Scheme and shall be responsible for depositing of Sales Tax on
works contract leviable on this project. The Consultants need not consider Sales
Tax liability on works Contract while quoting their rates. The Consultant may
arrange necessary TDS exemption certificate from Sales tax/Commercial
tax/Trade tax authorities for exemption from deduction of tax at source. Till the
TDS exemption certificate is submitted by the Consultant, the Engineer will
continue to deduct the Sales tax at source from the payments due to the
Consultant and deposit the same with Sales Tax Department. If requested, the
Employer/Engineer shall issue necessary certificate in this regard.
iii. Wherever certain exemptions/benefits are available on custom duty, excise duty,
service tax, Sales tax, works contract tax etc., the Consultant shall consider the
same while quoting his rates. For instance, materials/ Plant and Machinery etc.
used for execution of the projects financed by International organizations enjoy
exemption from custom duty and/or excise duty on fulfilling the conditions as per
Govt. notifications. Similarly the Consultant shall ensure that whenever any
benefits are available under Sales tax/Works contract tax, Service tax, these shall
be considered while quoting the rates.
7. PRICE ADJUSTMENT
No price adjustment shall be applicable in this tender during the work period till
completion of the works.
8. COMPLETION PERIOD
The work is required to be completed within a period as specified in the Appendix to Bid
from the date of issue of letter of acceptance. The work shall be completed in phased
manner if specified in the Appendix to Bid.
The work has to be executed in co-ordination with other agencies working on or near the
project.
In case of any delay in the completion period, the extension of the same shall be dealt as
per the clause 49.0 of General Conditions of the contract.
10. INSURANCE
Clause 9.0 of GCC may be referred.
Relevant clauses (clause 8.0) of General Conditions of Contract are applicable regarding
performance guarantee.
Relevant clauses (clause 8.0) of General Conditions of Contract are applicable regarding
retention money.
b. Within 7(Seven) days of the issue of Letter of Award and before the work is
commenced; the Consultant shall have to submit a detailed programme for each
major element of the work, using the modern networking techniques for Project
monitoring, for approval of the Engineer. The construction programme will show
the general methods, arrangements, order and timing for all the significant
activities in the works identifying the critical path for the work clearly.
c. The agreement or the approval of the programme by the Engineer shall not
relieve the Consultant of any of his responsibilities to complete the whole works
by the prescribed time.
d. The Consultant shall submit to the Engineer, for approval, an updated Program,
whenever the Engineer may so direct, to take account of the actual progress of
the Contract Works so as to achieve completion either before the due date for
completion or by the due date for completion or as soon as practicable
thereafter. The Engineer may further require the Consultant to indicate the
means by which the programmed progress will be achieved. If the Consultant
does not submit an updated Programme within a reasonable period as indicated
by the Engineer, the Engineer may withhold the payment of next on account bill
until the overdue Programme has been submitted.
e. In case of any delay in the completion period, the extension of the same shall be
dealt as per clause 49 of General conditions of contract (GCC).
14. ACHIEVEMENT OF MILESTONE PROGRESS
In order to ensure progress during execution of the work, the Consultant will be expected
to achieve the following milestone targets ahead of dates mentioned against each. Failure
to accomplish milestone targets within allocated time frame, save for reasons accepted as
Note:
2) The liquidity damages recovered under clause 14 of SCC and clause 49.6 of
GCC together would be limited to 10% of the contract value of the work.
The Consultant shall enter into and execute the Contract agreement in the form of
agreement (Annexure-V) within 28 days from the date of issue of Letter of Acceptance.
The stamp papers of the requisite value as per the prevailing laws shall be provided by
the Consultant at his own cost. Original agreement shall be retained by the
Employer/Engineer and a certified copy shall be made available to the Consultant.
The consultant shall make power point presentation of the project as and when
required/instructed before HRIDC, GoH and Railways to facilitate approval/ decision
thereof.
18.1. General
Ground Investigation is proposed to be carried out at each Portal & along the tunnel
alignment. In-situ and laboratory tests in soil strata, rock and ground water as tabulated in
Table 1 and Table 2shall be carried out as per relevant Indian Standard codes related to
Geotechnical Investigations.
Table 1: Summary of Proposed In-situ testing
Approximate
GI Type Item Sampling No. of Tests
Location
Atterberg Limits Disturbed samples
At all places
for the tests shall
Sieve analysis and Hydrometer where disturbed
be collected at all
analysis samples are
depths where SPT
collected
Laboratory Specific Gravity is carried out
Testing on Natural Moisture Content Undisturbed
Soil Dry & Bulk Density samples shall be Tests shall be
Triaxial Testing collected at every done on all UDS
(Unconsolidated Undrained) 3 m depth below sample collected
Direct Shear Box Testing filled up layer for for all Boreholes
Consolidation Test all Boreholes
Dry Density (kN/m3)
Specific gravity
Water absorption & Porosity Cores should be
One test per core
Laboratory (%) collected for all
in all boreholes
Testing on Natural moisture content boreholes where
where rock is met
Rock Uniaxial Compressive Strength rock is met
Point load strength index test
Tensile strength
Borehole exploration shall be terminated at any of the depths below, whichever occurs
earlier.
I. Minimum depth of exploration should be 50 m.
II. Maximum depth of exploration should be 100m or till a competent stratum is reached.
a. In the case of soils, exploration has to be carried out till the depth of a competent
strata where SPT refusal i.e. N>100or penetration is less than 25mm for 50 blows
whichever is earlier is reached.
b. If a rock stratum is encountered the exploration shall be terminated 10 m into this
stratum, provided the stratum is found to be hard rock. The rock stratum is said to be
hard rock if it has a CR >70% and RQD>50%. The competency of the rock stratum at
the termination depth should be confirmed using this criterion. It is important to
ensure that boulders or layers of cemented soils are not mistaken for hard rock. This
necessitates core drilling to a depth of at least 3m into the hard rock in areas where
boulders are known to occur.
c. Where ever competent rock is not met, the borehole should be terminated at least 15
m (RQD<50%&>10%) and 30m (RQD<10%) into the weathered stratum.
19.1.2. Rotary Mud Circulation Boring
This method can be used in all types of soil below water table. In this method boring
should be done by rotating the bit fixed at the bottom of the drill rod. Proper care should
be taken to keep firm contact between the bit and the bottom of the borehole. Bentonite or
mud laden fluids should be used as the drilling fluid to serve as the protective surface
inside the borehole.
19.1.3. Rock Boring
If rock is encountered, Rotary type drilling machines should be used for boring. A wash
bore method of drilling should be used to advance the borehole creating a 100 mm
diameter hole through the superficial deposits to the top of the rock head. The borehole
will then be advanced through the rock generally using H size (76 mm core diameter).
The drilling system shall comprise of the use of minimum H-size double tube core-barrels
with surface set diamond core bit and water flush. Single core barrels will not be
permitted. Details of rock drilling data (Core recovery (CR), Rock Quality Designation
(RQD), water loss etc.,) along with the sampling details should be listed in the respective
bore logs.
19.2. In-Situ Testing
At all elevations, necessary in-situ tests appropriate to the soil nature should be performed
in order to ascertain the in-situ Engineering behaviour of soil strata. Those tests should
include but not limited to the list given in Table 1.
19.3. Sampling
Sufficient number of undisturbed and representative soil samples should be collected
depending upon the type of soil for reliable estimation of engineering properties of soil.
Representative soil samples should be collected for field identification and for conducting
the tests such as sieve analysis, index properties, specific gravity, chemical analysis, etc.
Undisturbed samples should be collected to estimate the physical strength and settlement
properties of the soil. All the accessories required for sampling and the method of
sampling should confirm to IS: 2132. All samples collected in the field should be
classified at the site as per IS: 1498.
All the samples should be identified with date, borehole number, depth of sampling etc. It
is also essential to mark an arrow pointing towards the top surface of the sample as the
soil was in-situ. Care should be taken to keep the core samples and box samples
vertically with the arrow directing upwards. The tube samples should be properly
trimmed at both ends and suitably capped and sealed with molten paraffin wax.
When the collection of undisturbed soil sample at a specified depth is not possible, the
reason for the same should be indicated in the bore log. In such a case, undisturbed
sampling may be replaced by any suitable field test such as SPT test to determine the in-
situ Engineering properties of the strata.
Precaution should be taken to ensure that the samples are not disturbed and no change in
moisture content takes place during handling, transportation and storing. They should be
placed in a temporary store at the end of the day’s work. Packing and transporting all the
samples from site to the laboratory should be as per IS 4078 within seven days after
sampling with proper protection against loss and damage.
19.3.1. Representative Samples
Representative soil samples should be collected in bore holes at regular intervals to
provide a complete description of soil profile and its variation. Samples should be
collected in boreholes at every identifiable change of strata to supplement the boring
records. Samples should be immediately stored in air tight jars/polythene bags and should
fill the jar/bag as far as possible. The same should be sealed properly to avoid any change
in moisture content.
Rock Double tube/ Triple tube core barrel with air, mud or foam flush.
20. The soil report should contains analysis of soil strata for the whole alignment and divide
the entire length in zones & sub zones to define the bearing capacity and other relevant
parameters of soil like C&Ø of similar properties of soil and present this data in
tabulated/ graphical form at a scale of as desired by engineer incharge so that the entire
soil profile is available at a glance. The report must be prepared by a qualified engineer
having minimum qualification of M. Tech. in Soil Engg from a reputed institute. The soil
report & analysis is required to be proof checked from NIT, Kurukshetra or equally
reputed institute duly approved by Railway.
a) Preparation & submission of drawing of tunnel and its approaches, portals, adits,
shafts, ventilation, lightning, safety arrangements, drainage, slope design, slope
protection & counter measures, deep cuttings, protection works, track works,
electrical & OHE works, installations, signaling and telecom woks, and all related
22. Cost estimate will include detailed schedule of quantity and cost for Construction of
entire tunnel including approaches. This will include tunnelling & related activities,
earthwork in formation and cutting, blanketing, ballast supply retaining walls, viaduct,
drainage works, railing, footpaths, and their cost and other items as per item No.24 (E1b)
of BOQ.
a) After approval of detailed design, the consultant will submit detailed structural
drawing of foundation, sub structure with arrangement of super structure (as per
available RDSO/ Railway drawing of super structure). The design calculation shall be
in details.
b) The design and drawing of items will consists of approaches, portals, adits, shafts,
ventilation, lightning, safety arrangements, drainage, slope design, slope protection &
counter measures, deep cuttings, protection works, track works, electrical & OHE
works, installations, signaling and telecom woks, and all related & enabling works
along with preparation of layout plans, GADs/ drawings, sections, sketches as per
codal provisions of Railways & IS Codes.
c) The design shall be carried out conforming to the latest editions of Indian Railways
Standard (IRS), Indian Road Congress (IRC) and Bureau of Indian standards (BIS),
British Standards (BS), UIC Codes etc.
d) Where there is conflict amongst IRS. IRC and BIS Specifications, the precedence
shall be in the same order.
e) Where there is no provision of specifications in IRS, the IRC conditions shall be
referred to and followed.
f) For items not covered in IRS/IRC specifications, BS 5400 shall be followed.
g) Where applicable other relevant references and good practice shall be used if specific
recommendations do not exist in IRS/IRC/BIS/BS Specifications.
h) The decision of GM/Project shall be final and binding regarding interpretation of the
clauses of the codes of practice and specifications under the special conditions.
Immediately on issue of letter of acceptance of this tender the contractor should submit
programme of the work showing the activities work wise for completing the whole work
within the stipulated period of completion as per schedule of deliverables in consultation
with the Engineer-in-charge. Programme from time to time taking into consideration the
latest progress achieved till then should be updated. This is to reiterate that the HRIDC
reserves the right of terminating the contract as per General Conditions of Contract and
forfeit/recover the amount equal to full Security Deposit and Performance Guarantee on
full amount of work shown in acceptance letter.
AND WHEREAS it has been stipulated by you in the said Contract that the Consultant shall
furnish you with a Bank Guarantee by any Scheduled Bank in India as given Annexure-VII
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 Consultant such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Consultant, up to a total of ______________________ [amount of
Guarantee], ____________________________________________ [amount in words],
such sum being payable in the types and proportions 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 limits of
_______________ [amount of Guarantee] as aforesaid without your needing to prove or to
show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Consultant before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract documents
which may be made between you and the Consultant shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid up to _______ (a date 60 days from the date of completion of
the work).
Name of Bank:
Address:
Date:
AGREEMENT
WHEREAS the Employer is desirous that certain works should be executed by the Consultant
viz. Contract No.____________________________________________________ (hereinafter
called “the Works”, and has accepted a Bid by the Consultant for the execution and completion
of such Works and the remedying of any defects therein.
• In this Agreement, words and expressions shall have the same meaning as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
• The following documents shall be deemed to form and be read and construed as part of
this Agreement:
a. Letter of Acceptance of Bid
b. Notice Inviting Bid
c. Instructions to the Bidders
d. Form of Bid
e. Appendix to Bid
f. Special Conditions of the Contract
g. General Conditions of Contract
h. Terms of Reference (TOR) / Technical Specifications
i. Relevant codes and Standards
j. Bill of Quantities (BOQ)
• The Employer hereby covenants to pay the Consultant in consideration of the execution
and completion 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 in the manner prescribed by the Contract.
Signed for and on behalf of the Signed for and on behalf of the
Consultant in the presence of: Employer in the presence of:
Witness: Witness:
1. 1.
2. 2.
HRIDC has been entrusted with the design and construction of New Board Gauge Railway
line from Palwal to Sonipat(HORC) rail link project in Haryana State of India. The project
alignment traverses generally through the plain terrain except for small portion of Aravali
Hills near Sohna. The hills are in general of sedimentary rocks and geologically consist
mainly of sand stone. The area falls in seismic zone-IV. The construction of this rail
project will involve construction of one tunnel through hills. HRIDC now invites proposal
for detaileddesign, survey, Geotechnical Investigation, etc of this tunnel.
HRIDC will be the employer and firm will be executing agency for the works. The
standards of output required from the appointed agency/firm are to be of the international
level both in terms of quality and adherence to the agreed time schedule.
The broad scope of the present study has been identified as follows:
2. Objective
2.1. The main objective of the service envisaged is to carry out cost effective Detailed
design, taking into consideration various parameters so that tender for construction of
tunnels its approaches can be called.
2.2. The objectives of the Detailed design and Geotechnical investigation is to get assistance
HRIDC to implement the project inconformity with Railway rules and regulation
relevant specification, local laws, byelaws etc.
2.3. The standards of output required from the appointed designer and key personnel are of
international level both in terms of quality and adherence to the agreed time schedule.
2.4. Deployment of requisite Personnel: The agency shall deploy qualified and experienced
personnel’s in design of tunnels. The key personnel, duly assisted by supporting staff,
shall have requisite experience on the type of work they are deployed for and shall be
full time available in the project site. The agency may, from time to time on its own
volition, engage experts in different fields for enhancing the effectiveness of its key
personnel as deemed necessary.
3. SCOPE OF WORK
The agency’s scope of work shall be as below but not limited to:
The inception report shall be submitted within 4 weeks after the LOA, comprising of the
following:
a) Collection of data information from all concerned and verifying it for accuracy and
usage.
b) The approach methodology to meet the requirement of TOR.
c) Submission of outline design criteria and construction specification.
d) The identification of design codes and standards.
e) Proposed essential Geo-physical/Geological/Geo-technical investigation in
consultation with HRIDC without unduly affecting the schedule of completion of the
work.
f) General arrangements drawings of all the components of complete tunnel work.
4.2. DESIGN
4.2.1. DESIGN
The design shall provide HRIDC with indication of the manner in which the work will be
performed in general and shall consist of key features pertinent to the design work. The
design submission shall be coherent and complete set of the documents properly
consolidated and indexed and shall fully describe the proposed pre-final design. It shall
include but not being limited to the following;
a) Design criteria/standards.
b) The submission of design manuals/codes/standards.
The detailed design submission shall include drawings& detailed estimate including
detailed calculations duly proof checked by IIT/NIT.
The Design manual shall incorporate all design requirements, standards codes, loading
cases etc.
Permissible movements and deflections, material properties and all other documents or
matters which are relevant to and govern the design. The design Manual shall refer to all
materials, codes and standards used, making clear their specific applications. The Design
Manual shall be produced so that it can be used by those involved in the preparations or
review of the design of the permanent works as comprehensive reference text and
efficient document.
A report including site investigation results and covering the Geo-technical interpretation
of site investigation work including that undertaken by the agency in sufficient detail to
confirm and justify parameters used in the geo-technical designs. The report shall include
the full logs and descriptions of confirmatory bore holes drilled by the agency.
5.2. REFERENCE CODES- The agency shall utilize the applicable Indian codes. All relevant
Indian Acts and Regulations shall also be complied with. Should the agency propose to use
alternative Standards or Codes of Practice they shall submit two copies of such standards
or codes with justification for their use to HRIDC for review and acceptance within 3
weeks from receipt of the LOA.
5.3. The basic premise of this contract is to carry out preparation of DTM module Geotechnical
Investigation, Geological Mapping and detailed design for economical and safe
construction of the tunnel including its approaches for BG double line in conformity with
IRSSOD with High Rise OHE within time period specified in the contract. The agency
shall organize its resources accordingly and assist HRIDC pro-actively and justifiably.
6. USE OF PROPRIETARY ITEMS – The agency shall ensure that there are no named or
proprietary products in the documents or on drawings. Agency shall indemnify HRIDC
from violation of any copyright infringement and HRIDC will not be responsible for any
act of negligence / omission in this respect.
7. DESIGN LIFE
The design life of the permanent civil engineering works shall be 120 years.
(1) HRIDC representative shall review submissions of Design Data. The form and detail of
the review shall be as determined by HRIDC and will not absolve the agency of the
responsibility for the design under the contract.
(2) In obtaining all required and / or statutory approvals that relate to the submission
including where appropriate, approval of concerned government authorities, the agency
shall assist HRIDC wherever required.
(3) All submissions shall be accompanied by two original copies of a Design Certificate
signed by the agency.
2. The agency shall prepare and submit a comprehensive set of calculation for the Pre-Final
Design in a form acceptable to HRIDC. Should the design of the Permanent Works be
HRIDC shall make payments to the agency as mentioned in the Bill of Quantities.
A soft copy of each item listed below shall be delivered together with the number of hard
copies indicated below. All material shall be delivered as follows.
Inception Report 6 Copies
Geotechnical Investigation
6 Copies of final report
Report
A. I/We hereby solemnly declare that I/We have visited the site/place of work and have
familiarized myself/ourselves of the working conditions there in all respects and in
particular, the following:
B. I/We have kept myself/ourselves fully informed of the provisions of this bid document
comprising Instructions to the Bidders, General Conditions of the Contract, Special
Conditions of Contracts and Special Technical Specifications/ Conditions of contract
apart from information conveyed to me/us through various other provisions in this bid
document.
C. I/We have quoted my/ our rates as ‘Percentage above / below / at par “ and quoted
against blank items by rates in figure and words, with total cost as per Items Rates and
Quantities (BOQ), in FINANCIAL BID taking into account all the factors given above.
(Signature of Bidder/s)
Date: ________________
Place: ________________
SN NS Item wise description of work (full Unit Qty Rates Amount LAR
item description) (in Rs) (in Rs) Reference
No.
A: DESIGN & SURVEY OF ALIGNMENT
1 A1 Development of proposed Broad-Gauge LS 1
double line Railway alignment of Tunnel
and its approaches between Sohna-
Manesar(Approx. 8 Km long along proposed
alignment as per preliminary survey) in the
state of Haryana with the help of Latest
optimizing software and Digital Terrain
Model (DTM) developed from digitized
survey of India Toposheets of the proposed
alignment with deliverables.
Agency shall study / examine DFC
alignment & the alignment studies by the
earlier agency appointed by HRIDC and
based on their independent assessment
should recommend: -
I. Most suitable & economical alignment
keeping the length of Tunnel minimum
possible. 2-3 alternate alignment
should be identified and analyzed
before optimizing the alignment.
II. Optimum section for double line Broad
Gauge in conformity with Indian
Railways Standard Schedule of
Dimensions (with latest updations)
with provision of High Rise OHE.
Also most economical construction
methodology should be designed.
III. Adequacy of Tunnel design at DFC
Tunnel crossing if same (crossing of
both Tunnel) is unavoidable.
Note: HRIDC shall authorize the agency for
collection of digitized toposheets from
Survey of India. In case digitized toposheets
are not available with Survey of India the
payment for collection of toposheets and
their digitization shall be made as per item
(i) of B1 below.
Stage wise payment for this item shall be
done as follows:
(i) Completion of DTM & submission of
alternate alignments proposal: 30%
(ii) Submission of draft Report: 30%
(iii) Submission of Final report and
acceptance by HRIDC: 40%
B: SURVEY
2 B1 DIGITIZATION OF TOPOSHEET
Collection, Scanning and Digitization of Nos 2
survey of India (SOI) Toposheets in 1:50000
scale with contour in MSL and scale
RESISTIVITY SURVEY
11 C4c 2-D Resistivity image mapping including Mtr 500
data acquisition, data processing and
interpretation for deciding revised alignment
for viaducts/bridge site. The work included
service of engineers, scientists, surveyors,
draughtsman, CAD operators, labors, helpers
and others (computer, printers & tracing etc)
Payment terms:
Stage wise payment for this item shall be
done as follows:
(i) Completion of field works & collection
of Data & submission of Draft Report:
60%
(ii) Submission of Final Report &
acceptance of Report by HRIDC: 40%
Note: The quantity may change as per the
2. All items are for complete items of work including all labour and material, all
lead, lifts, ascends, descends, crossing obstructions etc. including loading,
unloading, handling re-handling, taxes, octroi, royalty, compensation etc.
complete.
3. The rates should be quoted including the payment of octroi toll tax/sales/trade
tax or any other tax as leviable by the State Government/ local bodies etc. GST
shall be paid extra.
I/we understand that I/we am/are not entitled to any other payment on any
account whatsoever except at the tendered rates quoted against each item for
fully completed work as per conditions of contract.
Signature of thetenderer/s___________
Address
1. HRIDC’s General Condition of Contract shall be followed and will be a part of the
Contract
3. In case of any ambiguity in any definition, the decision of HRIDC regarding the
interpretation shall be final and binding.
CLAUSE
DESCRIPTION
No.
1.0 DEFINITIONS
2.0 HEADING AND MARGINAL NOTES
3.0 SINGULAR, PLURAL AND GENERAL
4.0 COMMUNICATION AND LANGUAGE OF CONTRACT
5.0 LAWS GOVERNING THE CONTRACT
6.0 INSPECTION OF SITE AND SITE DATA
7.0 CONTRACTOR'S UNDERSTANDING
8.0 PERFORMANCE SECURITY & RETENTION MONEY
9.0 INSURANCE
10.0 COMMUNICATION BETWEEN EMPLOYER/ENGINEER AND CONTRACTOR
11.0 DUTIES OF ENGINEER AND ENGINEER'S
REPRESENTATIVE
12.0 GENERAL OBLIGATIONS OF THE CONTRACTOR
13.0 SUBCONTRACTING
14.0 PROVISIONS OF EFFICIENT AND COMPETENT STAFF
15.0 PROGRAMME OF WORK
16.0 COMMENCEMENT OF WORK
17.0 ACCE SS TO SITE OF WORK
18.0 SETTING OUT
19.0 TEMPORARY WORKS
20.0 SPECIFICATIONS AND DRAWINGS
21.0 INDEMNITY BY THE CONTRACTOR
22.0 DAMAGE TO LIFE AND PROPERTY
23.0 SAFETY OF PUBLIC AND PUBLIC UTILITIES
24.0 OTHER SAFETY PROVISIONS
25.0 PROTECTION OF ENVIRONMENT
26.0 CARE OF WORKS
27.0 USE OF EXPLOSIVES
28.0 OCCUPATION AND USE OF LAND
29.0 EXCAVATED MATERIALS
30.0 RELICS AND TREASURES
31.0 CO-OPERATION WITH OTHER CONTRACTORS
32.0 WORK DURING NIGHT
33.0 SHEDS, STORES, YARDS
34.0 ENGINEER’S MATERIALS
35.0 TOOLS, PLANTS AND EQUIPMENT
36.0 PLANT AND MATERIALS OF THE CONTRACTOR
37.0 CONTRACTOR TO KEEP SITE CLEAR
38.0 HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS
39.0 ENGAGEMENT OF LABOUR
40.0 WAGES OF LABOUR
41.0 REPORTING OF ACCIDENTS INVOLVING LABOUR
42.0 SUPPLY OF WATER AND ELECTRIC POWER
1) DEFINITIONS
In the Contract, as herein after defined, the following word expressions shall have the meanings
hereby assigned to them, except where the context requires otherwise.
"Engineer or Engineer in Charge" means the Project Head of HRIDC (Employer) or any other
officer authorized by the Employer to act on his behalf and for the purpose of operating the
contract.
"Engineer's Representative" means any official nominated from time to time by the Engineer to
act on his behalf.
"Contractor" means the individual, firm, Company, Corporation, Joint Venture, or Consortium
whether incorporated or not, who enters into the Contract with the Employer/Engineer, and shall
include its heirs, executors, administrators, successors, legal representatives, as the case may be.
"Contractor’s Representative" shall mean the person responsible for execution of the contract
who shall be so declared by the Contractor and who shall be authorised under a duly executed
power of attorney to comply the instructions and to use, receive materials issued by the Engineer
to the Contractor for works. He shall be capable of taking responsibility for proper execution of
works.
"Other Contractors" means the individual, firm, Company, Corporation, Joint Venture or
Consortium employed by or having a Contract directly or indirectly with the
Client/Employer/Engineer other than the Contractor.
"Tenderer or Bidder" means the individual, firm, Company, Corporation, Joint Venture or
Consortium submitting a bid/tender.
"Scheduled Bank" means a bank included in the second schedule to the Reserve Bank of India
Act, 1934, or modification thereto.
"Contract" shall mean and include the Agreement or Letter of Acceptance, the accepted Bill of
Quantities and Rates, the General Conditions of Contract, Special Conditions of Contract,
Appendix to Tender, Form of Bid, Instructions to the Tenderers, Drawings, Specifications and
other Tender Documents.
"Specifications" means the specifications referred to in the Contract and any modification thereof
or addition thereto, or as may from time to time be furnished or approved in writing by the
Engineer.
"Drawings" means the Drawings annexed to the Contract or referred in it and shall include any
modifications of such Drawings and further Drawings as may be issued or approved by the
Engineer.
"Bill of Quantities (BOQ)" means list of items of work, their quantities and rates.
“Original Contract Value" means the sum stated in the letter of Acceptance/Contract Agreement.
“Contract Value" means the original contract value subject to the adjustments in accordance with
the provisions of the Contract.
"Temporary Works" means all enabling works of every kind required for the execution of the
works.
"Permanent Work(s)/ Work(s)" means the works (other than temporary works) to be executed in
accordance with the Contract or part/s thereof as the case may be and shall include extra or
additional, altered or substituted items of work as required for performance of the Contract.
"Construction Plant" means all machinery, appliances or things of whatsoever nature required for
the execution, completion and maintenance of the works, but does not include material or other
things intended to form or forming part of the permanent works.
"Site" means the land and/or other places on, under, in or through which the works are to be
carried out, and any other lands or places provided by the Client/Employer/Engineer for the
purpose of the Contract.
"Material/s" means all equipment, components, fittings and other materials including raw
materials, which form part of the permanent works.
"Test" means such tests as prescribed in the Contract or by the Engineer or Engineer's
Representatives, whether performed by the Contractor or by the Engineer or his Representative,
or any agency approved by the Engineer.
"Defect Liability Period" means the specified period of defects liability from the date of
completion of the work as certified by the Engineer.
"Letter of Acceptance" means the letter from the Employer or the Engineer to the Contractor,
conveying acceptance of the Tender.
"Time" expressed by hours of the clock shall be according to the Indian Standard time.
"Tender Date" means closing date fixed for receipt of tenders as per notice inviting tender or
extended by subsequent notification.
The top heading and marginal notes given in the tender or Contract documents are solely for the
purpose of facilitating reference and shall not be deemed to be part thereof and shall not be taken
into consideration in the interpretation or consideration thereof.
Wherever in the Contract provision is made for giving or issue of any notice, consent, approval
certificate or determination, it shall be in writing and the words notify, certify or determine shall
be construed accordingly.
Words importing the singular only also include the plural and vice versa where the context
requires. Similarly, words importing masculine gender also include the feminine gender.
Communication to be in writing
4.1 All notices, communications, references and complaints by either party to the
Contract shall be in writing in English or Hindi. Communication from only
authorised representative of the Contractor shall be entertained.
The Employer/Engineer shall make available with Tender Documents such data on hydrological
and sub-surface conditions, if any, obtained from investigations undertaken relevant to the
The Contractor shall be deemed to have inspected and examined the site and information
available in connection therewith and to have satisfied himself fully before submitting his bid
about the sub-surface conditions, the hydrological and climatic conditions, the extent and nature
of work and materials necessary for the completion of the works, the means of access to the site
and accommodation he may require. He shall also be deemed to have obtained all necessary
information regarding risks, contingencies and all other circumstances which may influence or
affect the contract.
7) CONTRACTOR'S UNDERSTANDING
The Contractor shall be deemed to have satisfied himself, before tendering, as to the correctness
and sufficiency of his tender for the works and of the rates and prices stated in the Bill of
Quantities, all of which shall except in so far as it is otherwise provided in the Contract, cover all
his obligations under the Contract and all matters and things necessary for the proper execution,
completion and maintenance of works.
For contracts valuing upto Rs.10 lacs, no performance security shall be required to be submitted
by the Contractor.
The successful bidder shall submit a Performance Guarantee (PG) in the form of irrevocable
bank guarantee on the proforma annexed as Annexure-II from any Scheduled Bank for an
amount of 5% (Five percent) of the contract value. The value of PG to be submitted by the
Contractor will not change for variation upto 25% (either increase or decrease). In case during
the course of execution, value of contract increases by more than 25% of the original contract
value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value
over the original contract value should be deposited by the contractor.
Alternatively, the performance security can be furnished by the Contractor in the form of Fixed
Deposit Receipt (FDR) from a scheduled bank endorsed in favour of the Employer.
The successful bidders, who choose to submit FDR as performance Guarantee, should avail the
facility of auto-renewal at the time of placement of initial deposit, in order to avoid loss of
interest after maturity of the FDR. HRIDC will not be responsible for any loss of interest if the
contractor does not opt for auto renewal facility. No claim on this account will be entertained.
PG shall be submitted by the successful bidder after the letter of acceptance has been issued, but
before signing of the agreement. The agreement should normally be signed within 28 days after
the issue of LOA and the PG shall also be submitted within this time limit. This guarantee shall
be initially valid upto the stipulated date of completion plus60 days beyond that. In case, the
time for completion of work gets extended, the contract or shall get the validity of PG extended
to cover such extended time for completion of work plus 60 days.
Failure of the successful tenderer to furnish the required performance security shall be a ground
for the annulment of the award of the Contract and forfeiture of the Earnest Money Deposit.
Retention Money:
Retention money for all contracts shall be recovered from on account/ final bills of the
Contractor @ 10% of gross value of each bill after adjusting Earnest Money Deposit (EMD)
amount till the amount so recovered including EMD amount adds upto 5% of the contract value
of the work.
No interest shall be payable to the Contractor on the amount retained in cash towards retention
money.
Performance Security shall be returned to the Contractor, subject to the issue of Completion
Certificate by the Engineer in accordance with clause 65 of these conditions. This shall not
relieve the Contractor from his obligations and liabilities, to make good any failures, defects,
imperfections, shrinkages, or faults that may be detected during the defect liability period
specified in the Contract.
Wherever the contract is rescinded, the security deposit shall be forfeited and the
Performance Security shall be cashed and the balance work shall be got
doneindependently without risk and cost of the failed contractor. The failed contractor shall be
debarred from participating in the tender for executing the balance work.
The Engineer shall not make a claim under the Performance Guarantee (PG) except for amounts
to which HRIDC is entitled under the contract (not withstanding and/or without prejudice to any
other provisions in the contract agreement) in the event of:-
1. Failure by the contractor to extend the validity of the PG as described herein above, in
which event the Engineer may claim the full amount of the PG.
2. Failure by the contractor to pay HRIDC any amount due, either as agreed by the
contractor or determined under any of the Clauses/ Conditions of the agreement, within
30 days of the service of notice to this effect by Engineer.
3. The contract being determined or rescinded under provision of the GCC the PG shall be
forfeited in full and shall be absolutely at the disposal of the Engineer.
i) The Retention Money shall be released to the Contractor after preparation of final bill and
acceptance of the same by the Contractor and after the expiry of the defect liability period
specified in the Contract, reckoned from the date on which the Engineer shall have issued
the Certificate of Completion comprising the whole of works. The retention money shall
be released after all failures, defects, imperfections, shrinkages and faults have been
If requested by the contractor, 50% of the Retention Money may be released at a stage
when full amount of retention money (i.e. 5% of the contract value) has been recovered
at the stage when not less than 50% financial progress has been achieved against
submission of Bank Guarantee for an equivalent amount by the Contractor in the
performa annexed as Annexure-III from any Scheduled Bank in India. This Bank
Guarantee shall be kept valid till the period of three months beyond the expiry of Defect
Liability Period.
Where different defect liability periods are applicable to different parts of the works, the
expression - "expiration of the defect liability period" shall for the purpose of this clause
be deemed to mean the expiry of last of such periods.
9) INSURANCE
Depending on the nature of work, Contractor’s All Risk (CAR) shall be obtained by
Employer/Engineer at his own cost as per the requirement. Employer/Engineer may take
necessary add on covers and voluntary excess specified elsewhere in the contract, which shall be
binding on the Contractor. At the time of taking policy, possible time over-run, if any, may be
taken into account in deciding the period/validity of the policy. The above insurance shall cover
the risks normally covered under the CAR policy. Any item not covered under the above policy
shall be the responsibility of the Contractor.
Contractor’s claims, if any, shall be entertained within the scope of Insurance policy taken by
Employer/Engineer. This will be subject to:-
Claims on realisation shall be passed to the Contractor according to value of the claims accepted
by the insurance company for his damaged portion of work after deducting 15% towards services
rendered by Employer/Engineer for processing the claim(s). The amount so disbursed to the
Contractor(s) shall be limited to the amount calculated on the basis of his accepted rates in the
contract with the Employer/Engineer.
Liability for death of or injury to any person or loss of or damage to any property (other than the
work) arising out the performance of the Contract.
Any other insurance cover as may be required by the law of the land.
The Contractor shall provide evidence to the Employer/Engineer before commencement of work
at site that the insurances required under the contract have been affected and shall within 60 days
of the commencement date, provide the insurance policies to the Employer/Engineer. The
Contractor shall, whenever, calledupon, produce to the Engineer or his representative the
evidence of payment of premiums paid by him to ensure that the policies indeed continue to be
in force.
The Contractor shall also obtain any additional insurance cover as per the requirements of the
Contract.
The Employer/Engineer shall not be liable for or in respect of any damages or compensation
payable to any workman or other person in the employment of the Contractor or his sub-
contractor or petty contractor. The Contractor shall indemnify and keep indemnified the
Employer/Engineer against all such damages and compensation for which the Contractor is
liable.
The Policies of the Contractor shall remain in force throughout the period of execution of the
works and till the expiry of the defect liability period except for any specific insurance covers
necessary for shorter period.
If the Contractor fails to effect or keep in force or provide adequate cover as acceptable to the
Engineer in the insurance policies mentioned above, then in such cases, the Engineer may effect
and keep in force any such insurance or further insurance on behalf of the Contractor. The
recovery shall be made at the rate of 1.5 times the premium/premiums paid by the Engineer in
this regard from the payment due to the Contractor or from the Contractor’s Performance
Security. However, the Contractor shall not be absolved from his responsibility and/or liability in
this regard.
Instructions in writing
Instructions given by the Engineer shall be in writing, provided that if for any reason the
Engineer considers it necessary to give any instructions orally, the Contractor shall comply with
such instructions. Confirmation in writing of such oral instruction given by the Engineer,
whether before or after carrying out of the instructions shall be deemed to be instructions within
the meaning of this sub-clause.
All certificates, notices, written orders or letters, to be given by the Employer or the Engineer to
the Contractor, shall be deemed to have been served, if the same are delivered to the Contractor
or his authorized representative, or delivered or left at or posted by speed post/ registered post to
the given address of the Contractor or Contractor’s registered office or principal place of
business and essentially delivering the same by e-mail to the Engineer duly attached with
scanned copy of such certificates, notices, written orders or letters and Proof of Dispatch (POD)
with a copy to Employer on nominated e-mail address. Such documents shall be deemed to have
been received on the day they are left or delivered, or in the case of postal transmission, on the
daythey would ordinarily have reached but not exceeding 7 days from the date of posting
inclusive of day of posting, in any case.
The contractor shall furnish his postal address/ registered office address and e-mail address for
communication.
All notices or letters to be given by the contractor to the Employer or to the Engineer, under the
terms of the contract, shall be served by sending by Speed/Registered post or by delivering the
same, to the respective nominated addresses and essentially delivering the same by e-mail to the
Engineer duly attached with scanned copy of such notice (s) or letters and Proof of Dispatch
(POD) with a copy to Employer on nominated e-mail address..
Change of Address
Either party may change the nominated address by prior written notice to the other party.
However, either party shall not change their e-mail address during currency of the contract
without obtaining prior obtaining mutual consent for doing so.
In case of any change in the constitution of Contractor’s firm, the same shall forthwith be
notified by the Contractor to the Engineer and the Employer.
The Engineer shall carryout the duties specified or implied in the Contract including issue of
instructions, decisions, certificates and orders, as are specified in the contract, or necessary for
the observance/administration of the Contract and expeditious and timely completion of the
work.
The Engineer's Representative shall be responsible to the Engineer. His duties are to supervise
the work and to test and examine any materials to be used or workmanship employed in
connection with the works. He can issue day to day instructions to the Contractor in Site Order
The Contractor shall comply with the provisions of the Contract with due care and diligence
design (to the extent provided for in the Contract), execute, complete and maintain the works and
remedy the defects in accordance with the provisions of the Contract. The Contractor shall
provide all superintendence, labour, materials, plant,& Equipment and all other things, whether
of a temporary or permanent nature, required in and for such design, execution, completion and
maintenance of works and rectification of any defects, as directed by the Engineer or his
Representative.
The Contractor shall take full responsibility for the adequacy, stability and safety of all site
operations and method of construction .Provided that the Contractor shall not be responsible for
the design and specifications of Permanent works or for the design or specifications of any
temporary works provided by the Engineer. Where the Contract expressly provides that part of
the Permanent Works shall be designed by the Contractor, he shall be fully responsible for that
part of such works, notwithstanding any approval by the Engineer.
The Contractor shall promptly inform in writing to the Engineer of any error, omission, fault and
other defects, in the design, drawings or specifications for the works which are noticed while
reviewing the Contract documents or in the process of execution of the works.
The Contractor shall comply with the statutory provisions relating to the works, regulations and
by-laws of any local authority and undertaking, including those controlling the utilities such as
water supply, sewerage, telephones, power supply, etc., in whose jurisdiction the work is to be
executed. The Contractor shall be bound to give all notices required by statute, regulations or
bye-laws, as aforesaid. It shall be the responsibility of the Contractor to arrange all necessary
clearances and approvals from the concerned authorities or undertakings before the work is taken
up. However, assistance, if any, may be provided by Engineer/Employer/Client.
Contract Agreement:
The Contractor shall enter into and execute the Contract Agreement in the form of agreement
(Annexure-I) within 28 days from the date of issue of Letter of Acceptance. The stamp papers of
the requisite value as per the prevailing laws shall be provided by the Contractor at his own cost.
Original agreement shall be retained by the Employer/Engineer and a certified copy shall be
made available to the Contractor.
When the Contractor is not in a position to be present, he shall keep responsible representative at
site or work place during all working hours, who shall, on receiving a reasonable notice, present
himself to the Engineer, Engineer's Representative or their Assistants. The instructions and
orders given to the Contractor's representative shall be deemed to have the same force as if they
have been given to the Contractor. The Contractor should furnish the necessary Power of
Attorney in favour of his representative for the purpose of this clause. Failure on part of the
Contractor to comply with this provision shall constitute a breach of Contract and may lead to
action under clause 50.0.
13) SUBCONTRACTING
The Contractor shall not subcontract the whole of the works. Except where otherwise provided in
the Contract, the Contractor shall not subcontract any part of the works without the prior consent
of the Engineer in writing. Any such consent shall not relieve the Contractor from any of his
liability or obligation under the Contract and he shall be responsible for the acts, defaults and
neglects of any subcontractor, his representative, servants or workmen as fully as if they were the
acts, defaults or neglects of the Contractor.
Provided that the Contractor shall not be required to obtain such consent for
The purchase of materials which are in accordance with the specifications/standards specified in
the Contract, or
The subcontracting of any part of the works for which the subcontractor is named in the contract.
Any breach of the above conditions shall entitle the Employer/Engineer to rescind the contract.
Provided always that execution of specific works by petty contractors, or on piecework basis,
under the personal supervision of the Contractor, shall not be deemed to be subcontracting under
this clause.
The Contractor shall employ and keep on the works at all times efficient and competent staff to
give necessary directives to his workers to see that they execute works in a safe and proper
manner. The Contractor shall employ only such supervisors and workmen as are capable, careful,
and skilled. The Engineer shall be at liberty to object to and order the Contractor to remove
forthwith from the works, any person employed by the Contractor in or about the execution of
works or maintenance of works, who, in the opinion of the Engineer, misconducts himself or is
incompetent or negligent in the proper performance of his duties or whose employment is
otherwise considered by the Engineer to be undesirable and such person shall not be employed
The Contractor shall submit the programme for completion of work to the Engineer for his
approval within 15 days from the date of receipt of letter of acceptance. Unless otherwise
directed, the programme shall be in the form of Bar-Chart showing proposed execution of
quantities of principal items of work. The programme shall be related to the capability of
equipment proposed to be deployed and site conditions. The Contractor shall also provide in
writing methodology for execution of major items of work as desired by the Engineer. The
submission and approval of such programme shall not relieve the Contractor of any of his duties
or responsibilities or obligations under the contract. The Engineer shall have full power and
authority during the progress of work, to issue such instructions as may be necessary for the
proper and adequate execution of the work.
The Contractor shall commence the works within the time limit as specified in the Letter of
Acceptance.
Access to Engineer
The Engineer or the Engineer’s Representative, shall at all times have access to the works and to
all workshops and places, where work is being performed and from where materials,
manufactured articles or machinery are being obtained for the works, and the Contractor shall
afford every facility and every assistance in obtaining the right to such access.
Access Road
The Contractor shall provide necessary access roads to the site of work, from the nearest public
thoroughfare/right of way, at his own cost, unless otherwise provided for in the contract.
The Contractor shall be responsible for the true and proper setting out of the works using his own
survey instruments, appliances and labour. If at any time during the progress of works, any error
appears or arises in any part of the work, the Contractor on being required to do so by the
Engineer, shall at once rectify such error, to the satisfaction of the Engineer. The Contractor shall
also provide all necessary assistance in the form of labour and materials to Engineer or his
representatives for checking the set out with his own instruments. The checking of any setting
out, or of any line or level by the Engineer’s representative shall not any way relieve the
Contractor of his responsibility for the correctness thereof. The Contractor shall carefully protect
and preserve all bench marks, reference pillars, pegs, and other things used in setting out the
works.
All temporary works necessary for the proper execution of the works shall be provided and
maintained by the Contractor at his own cost. All detailed working drawings, design, design
calculations and fabrication drawings for important temporary works as decided by the Engineer,
shall be prepared by the Contractor at his own cost and forwarded to the Engineer at least 30
days in advance of actual constructional requirements for his approval. Such approval shall not,
however, relieve the Contractor of any of his responsibility in connection with the temporary
works.
When the temporary works are no longer required, the Contractor shall remove the same at his
own cost. In the event of failure on the part of the Contractor to remove the temporary works, the
Engineer will cause them to be removed and cost incurred for removal, supervision, and other
incidental charges shall be recovered from the Contractor.
The Contractor shall keep at site in good condition one copy of latest approved Specifications
and Drawings and also such other Contract documents as may be necessary and make them
available to the Client/Employer/Engineer or his Representative at all reasonable times. Any
specification& drawing shall not be used on any other work or communicated to a third party by
the Contractor.
The work shall be executed in perfect conformity with the specifications and drawings of the
Contract issued to the Contractor by the Engineer from time to time. If the Contractor does any
work or part of work in a manner contrary to the specifications or drawings without the approval
of the Engineer, he shall bear all the costs arising there from including dismantling and
reconstruction strictly in accordance with the specifications and drawings and shall be
responsible for all the losses/delays to theEmployer/Engineer. The term drawings in this sub-
clause also include the drawings prepared by the Contractor and approved by the Engineer.
If any ambiguity arises as to the meaning and intent of any portion of the specifications and
drawings or as to execution or quality of any work or material or as to the measurement of the
works, the decision of the Engineer thereon shall be final and binding.
The Contractor shall hold and save harmless and indemnify the Client/Employer/Engineer and
their employees, from all actions, suits, proceedings, loss, costs, damages, charges, claims and
demands of every nature and description brought against or recovered from the
Client/Employer/Engineer and their employees by reason of any act or omission of the
Contractor and/or his representative and/or his Employees and/or his sub-contractors in the
execution of the works or in the guarding of the same. All the sums payable by
Client/Employer/Engineer by way of compensation under any of these conditions, shall be
The Contractor shall hold and save harmless and indemnify the Client/Employer/Engineer, his
officers and Employees from and against all claims and proceedings for or on account of
infringement by the Contractor of copyright, any patent rights, design, trademark or name, secret
process, patented or unpatented invention, articles or appliances manufactured or used for or in
connection with the works and from and against all claims, proceedings, costs, damages, charges,
and expenses whatsoever in respect thereof or in relation thereto. The Contractor shall pay all
royalties, taxes, rent and other payments or compensation, if any, for getting the materials
required for the works and due fulfilment of the contract and indemnify
Client/Employer/Engineer against any claims in this regard.
The Contractor shall be responsible for all risks to works, nearby existing structures and life of
his supervisors and workmen as also those of Employer/Client or any trespassers from whatever
cause in connection with the works until these are taken over by Client/ Employer/ Engineer. The
Contractor shall make good at his own expenses all loss or damages to life and property.
i) Existing road or water courses or any other utility shall not be blocked, cut through,
altered, diverted or obstructed in any way by the Contractor, except with the permission
of the Engineer. All compensation claimed by any Department/Organisation for any
unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or
water courses by the Contractor or his staff shall be recovered from any moneys due to
the Contractor.
ii) During progress of work in any street or thoroughfare, the Contractor shall make
adequate provision for the passage of traffic, for securing safe access to all premises
approached from such street or thoroughfare and for any drainage. Water supply, sewer
lines, Electrical and Telecommunication cables/wires etc. which may be interrupted by
reason of execution of works shall be protected/diverted and maintained by the
Contractor at his own cost. Barriers, lights and other safeguards as prescribed by the
Engineer for the regulation of traffic including watchmen necessary to prevent accidents
shall be provided by the Contractor at his own cost.
iii) The Contractor shall be responsible for taking all precautions to ensure safety of the
public utilities and public in the vicinity of works and shall post such watchmen at his
own cost as may, in the opinion of the Engineer, be necessary to comply with the
regulations applying to the work and to ensure safety.
iv) Should the Contractor fail to implement the provisions as required in the above sub-
clauses, the Engineer may provide necessary arrangements and the cost of the same shall
be recovered from the Contractor’s payments/dues.
The Contractor shall, at his own expense, arrange for the safety provisions as required by any
law in force, in respect of the labour employed directly or indirectly for performance of the
works, and shall provide all facilities in connection therewith.
The Contractor shall provide and maintain at his own cost, all lights, guards, signage, signalmen,
fencing and watching arrangements when and where necessary, or as required by the Engineer
for the protection of the works or for safety and convenience of those employed on works or of
the public.
24.3 Mere observance of these precautions shall not absolve the Contractor of his liability in
case of loss or damage to property, or injury to or death of any employee/labour of
Contractor, Client or Employer/Engineer or any member of the public.
Should the Contractor fail to implement the provisions as required in the preceding sub-clauses
24.1& 24.2, the Engineer may provide necessary arrangements and the cost of the same shall be
recovered from the Contractor’s payments/dues.
During execution of works, the Contractor and his sub-contractors, petty contractors shall abide
at all times by all existing enactments on environmental protections and rules made thereunder,
regulations, notifications and bye-laws of the State or Central Government or local authorities
and any other law, bye-law, regulation that may be issued in this respect in future by the State or
Central Government or local authority. Salient features of some of the laws that are applicable
are given below:-
i) The Water (Prevention and Control of Pollution) Act, 1974: This provides for the
prevention and control of water pollution and 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
andhealth of animals or plants or of aquatic organisms.
ii) 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 gaseoussubstance
(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.
iv) The Public Liability Insurance Act, 1991: This provides for public liability insurance for
the purpose of providing immediate relief to the persons affected by accident occurring
while handling hazardous substances and for matters connected herewith or incidental
thereto. Hazardous substance means any substance or preparation which is defined as
hazardous substance under the Environment (Protection) Act, 1986, and exceeding such
quantity as may be specified by notification by the Central Government.
From the commencement of the work until completion, acceptance and final takeover of the
works by the Engineer, the Contractor shall take full responsibility for the care of all works
including temporary works. In case any damage, loss or injury happens to the work or to any
temporary works from any cause whatsoever, the Contractor shall at his own cost repair and
make good the same so that on completion and at the time of final take over, the work shall be in
good condition and in conformity in every respect with the requirements of the contract and the
Engineer’s instructions.
Explosives shall not be used on the works or site by the Contractor without the written
permission of the Engineer and only in the manner and to the extent such permission is given.
When explosives are required for works they shall be stored in a special magazine, to be
provided by the Contractor at his own cost, in accordance with the provisions of law on
Explosives. The Contractor shall take all precautions in using the explosives and prevent damage
to nearby properties and utilities. The Contractor shall also obtain necessary license for the
storage and the use of explosives from the concerned authorities. All operations in which or for
which explosives are used shall be at the risk and responsibility of the Contractor and the
Contractor shall indemnify the Client/Employer/ Engineer and their employees in respect
thereof.
The Contractor shall not use, sell or otherwise dispose off, or remove, except for the purpose of
this Contract sand, clay, ballast, earth, rock or any other substance or materials, which may be
obtained from any excavation made. All such items shall be the property of the Client. The
Contractor may be permitted by the Engineer to use the same for the purpose of works on
mutually agreed payment terms.
All gold, silver, coins, oil and other minerals of any description, and precious stones of all kinds,
treasures, antiques, fossils and other similar things, which shall be found in or at site, shall be the
property of the Client and the Contractor shall duly preserve the same to the satisfaction of the
Engineer, and from time to time deliver the same to such person or persons, as the
Client/Engineer may appoint to receive the same.
The Contractor shall in accordance with the requirements of the Engineer, cooperate with and
afford all reasonable opportunities for carrying out the work by other Contractors engaged by the
Client/Employer/Engineer or any other Authority.
Unless specifically provided elsewhere in the Contract, the Contractor shall not carry out any
work between sunset and sunrise without the prior permission of the Engineer. In case of any
grave emergency or in order to avoid risk to property and life or to prevent damage to utilities or
to restore them, work may be done at night also without the prior permission of the Engineer, but
intimation to this effect should be sent to him immediately. No increase in rates or extra payment
shall be admissible for the night work. The Contractor shall make adequate lighting and safety
arrangements for night working. He shall also be responsible for any claim on account of any
injury to or loss of life, of any one, arising out of inadequate lighting, safety arrangements or due
to any other failure of the Contractor.
The Contractor shall at his own expense provide and maintain sheds, store-houses and yards at
such locations and in such numbers as in the opinion of the Engineer are necessary for carrying
out the works. The Engineer and the Engineer’s representatives shall have free access to the said
sheds, storehouses and yards at any time for the purpose of inspecting the stock of materials and
plant so kept in hand. Any materials or plant which the Engineer may object to shall not be
brought upon or used in the works and shall forthwith be removed from the sheds, storehouses or
yards by the Contractor.
After the acceptance of tender, the Contractor shall make request in writing to the Engineer for
the materials to be supplied by the Engineer, if any, in accordance with the approved programme
for execution of works.
The materials shall be issued to the Contractor at the Engineer’s depots or near the project site.
The Contractor shall bear the cost of loading, transporting to site, unloading, storing safely under
cover, as required.
All surplus materials issued to the Contractor by the Engineer for use, incorporation or fixing in
the works (including preparatory works, if any) shall, on completion of or before closure of
works, be returned by the Contractor at his expense. However, the materials considered
unserviceable by the Engineer shall not be taken back.
Surplus materials returned by the Contractor in acceptable condition to the Engineer shall be
credited to the Contractor by the Engineer.
34.5 Accountable of the materials issued by the Engineer including recovery etc. shall be in
accordance with the Special Conditions of Contract.
Except for any specific item mentioned in the contract, the Contractor shall have to make his
own arrangements, at his own cost, Plant, Machinery and Equipment required for execution and
completion of all works to the entire satisfaction of the Engineer. This shall also include all other
associated equipment, tools/tackles, spare parts, POL, consumables, stores, manpower as
required for the execution of works.
All constructional plant and materials brought on the site by the Contractor be deemed to be
exclusively intended for the execution of the work or part of the work and the Contractor shall
not remove the same without the permission of the Engineer till completion of work or part of
work.
Upon completion of the works, the Contractor shall remove from the site all the said
constructional plant remaining thereon and unused materials belonging to the Contractor.
The Employer/Engineer shall not at any time be liable for the loss of or damage to any of the
said constructional plant, temporary works or materials.
The Employer/Engineer may assist the Contractor, where required, in obtaining clearance
through the customs of constructional plant, material and other things required for the works.
This shall not dilute in any way the Contractors' obligations and responsibilities under the
contract.
During the progress of works, the Contractor shall keep the site reasonably clean and free from
obstructions and shall store neatly construction plant and materials.
The Contractor, shall, at his own expense, make adequate arrangements for the housing, supply
of drinking water, electricity, canteen and provision of latrines and urinals, for his staff and
workmen employed on the work, directly or through petty Contractors or sub-Contractors and for
temporary crèche (Bal-mandir) where 50 or more women are employed at a time. All camp sites
shall be maintained in clean and good sanitary conditions, by the Contractor, at his own cost.
The Contractor shall comply with all laws, bye-laws, rules and regulations in force, pertaining to
employment of local or imported labour, and shall take all necessary precautions to ensure and
preserve the health and safety of all staff/workmen, employed on the works directly or through
petty Contractors or sub-Contractors.
The Contractor shall, at his own cost, provide first aid and medical facilities at site as may be
prescribed by the Engineer.
Use of Intoxicants
No sale of alcoholic drinks and/or intoxicating drinks or drugs shall be permitted by the
Contractor at or near the site. The Contractor shall also ensure that no labour or employee is
permitted to work at the site in an intoxicated state or under the influence of any drugs or drinks.
The Contractor shall make his own arrangements for the engagement of all labour, except as
provided otherwise in the contract.
The Contractor shall not employ any labour below the age prescribed in any labour legislation,
directly or through petty Contractors or sub-Contractors, for execution of the work.
In dealing with labour and employees, the Contractor and his subcontractors (including piece rate
and petty Contractors) shall comply fully with all laws and statutory regulations such as -
The Buildings and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act 1996andCess Act of 1996. The Factories Act 1948.
and other laws or Regulations framed by competent legislative authorities from time to time as
may be applicable. In accordance with the various Acts and Regulations with all upto date
amendments, the Contractor shall ensure that he and his subcontractors (including petty and
piece rate Contractors) observe strictly inter-alia the following:
If any moneys shall as a result of any instructions, directions or decisions from the authorities or
claim or application made under any of the labour laws or regulations be directed to be paid by
the Engineer because of any failure of the Contractor, such moneys shall be deemed to be
The Contractor shall be responsible for safety of all employees/labour employed by him on
works, directly or through petty Contractors or sub-Contractors and shall report accidents,
occurring on works to the Engineer or the Engineer’s representative, and shall make every
arrangement to render all possible assistance and to provide prompt and proper medical attention.
In case of fatal accident, it will be Contractor’sresponsibility to report accident to police keeping
the Engineer advised of the same. The compensation for affected workers or their relatives shall
be paid by the Contractor in such cases with utmost expedition in accordance with the
Workmen’s Compensation Act.
Unless otherwise provided elsewhere in the Contract, the Contractor shall be responsible for
making arrangements at his own cost to obtain supply of water and/or electrical power, necessary
for execution of the works and during defect liability period. In the event the Engineer is in a
position to supply water or electrical power, or both, required for works, such supply shall be
given only at one point. The cost of making necessary arrangements to the Engineer's
distribution system and laying of necessary pipe line, specials, valves, meters etc. for water
supply or the laying of underground/overhead conductor, circuit protection, electric power
meters and transmission structures in case of electric power shall be borne by the Contractor. The
Contractor shall also bear the running cost of water and power supplied, the rates for which shall
be determined and notified by the Engineer. The decision of the Engineer on such cost shall be
final and binding. Any increase in water/power tariff by supplying agencies shall also be borne
by the Contractor.
The Contractor shall be responsible for rebuilding/repairs of any damage by any reasons not
attributable to the design defect (where design is supplied by Engineer/Client) during execution
of works or Defect Liability Period. In case the Contractor is unable or unwilling to execute such
repair works promptly, the Engineer may get the same done by engaging another agency or using
labour, materials andresources as may be considered necessary and the cost of such remedial
works shall be recovered from the Contractor’s dues. The decision of the Engineer regarding
reasons of the damage shall be final and binding.
Contractor shall provide and ensure the use of safety gadgets like Safety- shoes, helmets, gloves,
jackets, mask etc. as required for all workers and staff. The Contractor shall provide and erect
safety barricades as required, display safety posters and instructions regarding safety.
The Contractor shall prepare a Project Safety Manual and get it approved by the Project Head.
The Contractor will own the ultimate responsibility of all aspects of Safety, Health and
Environmental upkeep of the work place and its surroundings.
The Contractor will facilitate safety checks and checks on compliance to all the norms as per the
Project Safety Manual by PH or the nominated Safety Officer at regular interval.
The Employer may, at their discretion undertake such corrective measures as deemed fit for
immediate restoration of safe conditions at the work place at the cost of the Contractor and
recover the cost from Contractor's running bills. The contractor will keep the Employer
indemnified against any corrective action by the Employer. In addition to such recourse, the
penalty for each violation will be enforced as under, without issuing any show cause notice for
the same:-
The Contractor shall arrange timely calibration of all his measuring and testing equipment at his
own cost from reputed laboratory and supply of calibration certificates to the Engineer.
The Contractor shall ensure maintenance and overhauling of all his plant and machinery as per
guidelines issued by manufacturer/ vendor/ Engineer.
The Contractor shall arrange to provide test certificates issued by manufacturers of materials
supplied by him and also arrange the testing of materials from approved laboratory at his own
cost, as required and supply test certificates to the Engineer.
i. All materials and workmanship shall be as per the contract and in accordance with the
Engineer’s instructions and shall be subjected to such tests as the Engineer may direct.
The Contractor shall provide all such assistance, instruments, machines, labour and
materials required for examining, measuring and testing any work and materials used.
The Contractor shall supply samples of material before incorporating in the works for
testing as may be selected and required by the Engineer.
ii. The sources of materials to be used in the works shall be intimated to the Engineer and
are subject to his approval.
The cost of carrying out any tests in a reputed laboratory as acceptable to the Engineer shall be
borne by the Contractor except for the materials to be supplied by the Engineer.
i. The Engineer shall have the authority to order in writing from time to time:
The removal from site within specified time, of any material, which in the opinion of the
Engineer, is not in accordance with the Specifications and Conditions of the Contract.
The removal and proper re-execution, notwithstanding any previous decision or interim payment
thereof, of any work which in respect of materials or workmanship is not, in the opinion of the
Engineer, in accordance with the contract.
In case of default on the part of the Contractor in carrying out such order, the Engineer shall be
entitled to get the same done by engaging another agency or by deploying labour, materials and
other resources. All such cost shall be recovered from the Contractor’s dues.
No work or part of work shall be covered up or putout of view, without the prior approval of the
Engineer or the Engineer’s representative. If any work shall be covered up or put beyond the
reach of inspection/measurement without the prior approval of the Engineer or Engineer’s
representative, the same shall be uncovered by the Contractor at his own cost.
The Contractor shall, on the order of the Engineer, suspend the works or any part thereof, for
such time, and in such manner, as the Engineer may consider necessary, and shall during such
suspension, properly protect and secure the works so far as it is necessary in the opinion of the
Engineer.
The Contractor shall not be entitled to extra cost, if any, incurred by him during such suspension
if such suspension is on account of weather conditions or requirement for execution of works or
provided for in the Contract or for less than 30 days at a time for any other reason. The
Contractor shall, however, be entitled for extension of time for completion of work as the
Engineer may consider proper having regard to the period of suspension. However, if the
suspension is ordered by the Engineer due to any default of the Contractor such as defective
materials, workmanship etc., the Contractor shall not be entitled to any extension or extra cost
incurred.
The time allowed for execution and completion of the works or part of the works as specified in
the contract, shall be essence of the contract on the part of the Contractor.
As soon as it becomes apparent to the Contractor, that the work and / or portions thereof
(required to be completed earlier), cannot be completed within the period(s) stipulated in the
contract, or the extended periods granted, he shall forthwith inform the Engineer and advise him
of the reasons for the delay, as also the extra time required to complete the works and / or
portions of work, together with justification thereof. In all such cases, whether the delay is
attributable to the Contractor or not, the Contractor shall be bound to apply for extension well
within the period of completion/extended period of completion of the whole works and / or
portions thereof.
If any modifications are ordered by the Engineer or site conditions actually encountered are such,
that in the opinion of the Engineer the magnitude of the work has increased materially, then such
extension of the stipulated date of completion may be granted, as shall appear to the Engineer to
be reasonable.
If the completion of the whole works (or part thereof which as per the contract is required to be
completed earlier), is likely to be delayed on account of:
Delay on the part of other Contractors engaged directly by the Client/Employer, on whose
progress the performance of the Contractor necessarily depends or any relevant order of court or
The Engineer may grant such extensions of the completion period as in his opinion is reasonable.
In the event of any failure or delay by the Employer/Engineer in fulfilling his obligations under
the contract, then such failure or delay, shall in no way affect or vitiate the contract or alter the
character thereof; or entitle the Contractor to damages or compensation thereof but in any such
case, the Engineer shall grant such extension or extensions of time to complete the work, as in
his opinion is / are reasonable.
If the delay in the completion of the whole works or a part of the works, beyond stipulated
completion period, is due to the Contractor’s failure or fault, and the Engineer feels that the
remaining works or the portion of works can be completed by the Contractor in a reasonable and
acceptable short time, then, the Engineer may allow the Contractor extension or further extension
of time, for completion, as he may decide, subject to the following:
Without prejudice to any other right or remedy available to the Engineer, recover by way of
liquidated damages and not as penalty, a sum equivalent to quarter of one percent (0.25%) of the
contract value of the works, for each week or part of a week the Contractor is in default.
If the delay relates only to a portion of the works with a separate and earlier completion period,
the contract value shall be restricted to the cost of that portion of the works only.
The recovery on account of compensation for delay shall be limited to 5% of the contract value
of the works, or the portion of the works, as the case may be.
The recovery of such damages shall not relieve the Contractor from his obligation to complete
the work or from any other obligation and liability under the contract.
The decision of the Engineer as to the compensation, if any, payable by the Contractor under this
clause shall be final and binding.
49.8 Time to continue to be treated as the essence of contract in spite of extension of time.
It is an agreed term of the contract that notwithstanding grant of extension of time under any of
the sub-clauses mentioned herein, time shall continue to be treated as the essence of contract on
the part of the Contractor.
If the Contractor
b. makes arrangements with or assignment in favour of his creditor, or agrees to carry out
the contract under a committee of inspection of his creditors or
c. being a company or corporation goes into liquidation by a resolution passed by the Board
of Directors/ General Body of the share-holders or as a result of court order (other than
voluntary liquidation for the purpose of amalgamation or reconstruction) ; or
e. assigns or sublets the contract or any part thereof otherwise than as provided for under
conditions of this contract, or
h. fails to adhere to the agreed programme of work or fails to complete the worksor parts of
the works within the stipulated or extended period of completion, or isunlikely to
complete the whole work or part thereof within time because of poor record of progress;
or
i. fails to remove materials from the site, or pull down and replace work, after receiving
notice from the Engineer to the effect that the said materials or works have been
condemned or rejected, or
i fails to take steps to employ competent and/ or additional staff and labour, or
j. fails to afford the Engineer or his representative proper facilities for inspectingthe works
or any part thereof,
or
promises, offers or gives any bribe, commission, gift or advantage, either himself or
through his partners, agents or servants to any officer or employee of the Engineer or the
Employer, or to any person on their behalf, in relation to obtaining or execution of this or
any other contract with the Employer, or
In any such case the Engineer on behalf of the Employer may serve the Contractor with a notice
in writing to that effect and if the Contractor does not, within 7 days after delivery to him of such
notice, proceed to make good his default in so far as the same is capable of being made good,
and carry on the work or comply with such instructions as aforesaid to the entire satisfaction of
the Engineer, the Employer shall be entitled after giving 48hours notice in writing to terminate
the contract, as a whole in terms of sub-clause no. 8.4(b) and 8.4(c).
ii. In such a case of termination, the Employer/Engineer may adopt the following courses
b) Measure up the balance work from which the Contractor has been removed, and get it
completed by another Contractor. The manner and method, in which such work is to be
completed, shall be entirely at the discretion of the Engineer whose decision shall be final and
binding.
c) Carry out the balance work from which the Contractor has been removed, by the
employment of the required labour, materials, plants and equipment and other resources.
Entitlement of Employer/Engineer:
In cases described in sub-clause 50.1 (ii) above, the Employer/Engineer shall be entitled to
forfeit the Security Deposit and encash the Performance Security amount as a whole in terms of
sub-clause no.: 8.4.
The Employer/Engineer shall be entitled to determinate the contract, at any time, should, in the
Employer/Engineer’s opinion, the cessation of works becomes necessary, owing to paucity of
funds or due to court orders or from any other cause whatsoever. Notice in writing from the
Employer/Engineer of such termination and reasons therefore, shall be conclusive evidence
thereof. In such a case, the value of approved materials actually brought to the site and of work
done upto date by the Contractor, shall be paid for in full by the Employer/Engineer, at rates
specified in the contract. If rates for any materials or items of work are not available in the
contract, these shall be fixed by the Engineer in terms of clause 59.0.
However, the Contractor shall have no claim to any payment of compensation or otherwise, on
account of any profit or advantage which he might have derived from the execution of the work
in full but which he could not in consequence of determination of contract under this clause.
Plant, Equipment and tools as well as unutilized materials supplied by the Employer / Engineer
to the Contractor shall be returned inacceptable conditions at Engineer’s depot at Contractor’s
cost. The Engineer shall be entitled to recover the cost of unreturned Plant, Equipment and tools
as well as unaccounted materials from the Contractor. The amount to be recovered from the
Contractor shall be decided by the Engineer whose decision in this regard shall be final and
binding. The Contractor shall have to pay back unrecovered portion of advances made to him,
together with accrued interest there on. In case, the Contractor defaults, the Engineer shall
recover the amounts from any payment due to the Contractor, or from the Performance Security
If the Contractor is an individual or a sole proprietary concern, and the individual or a sole
proprietor dies, or if the Contractor is a partnership concern and one of the partners dies, in that
case, unless the Employer/Engineer is satisfied that the legal representative of the individual
Contractor or of the sole proprietor, as the case may be, or in the case of partnership firm, all
surviving partners are capable of carrying out and completing the contract, the
Employer/Engineer shall be entitled to rescind the contract as to its incomplete part. In that
event, the Employer/Engineer shall not be liable to pay anycompensation to the legal heirs of the
deceased Contractor and / or to the surviving partners of the Contractor’s firm, on account of
such cancellation of contract. The Engineer’s decision as to whether the legal representatives of
the deceased Contractor or surviving partners of the Contractor are capable of carrying on and
completing the contract shall be final and binding on the parties. Provided further that the legal
representatives of the deceased Contractor or the surviving partners shall also not be liable to pay
any damages, alleged or actually suffered by the Employer/Engineer, in respect of incomplete
part of the contract. Any liability incurred by the deceased Contractor, or by the deceased partner
of the contracting firm, before his death, shall be recovered from the legal representatives of the
deceased Contractor or from the surviving partners of the said contracting firm as the case may
be.
In the event of any provisions of the contract requiring to be modified after the agreement has
been signed, the modifications shall be made in writing and signed by the Employer/Engineer
and the Contractor or his authorised representative. Such modifications will not be effective until
the same have been signed by both the parties. Any verbal or written arrangements for
abandoning, modifying extending, reducing or supplementing the contract, or any of the terms
thereof shall be deemed to be provisional and shall not be binding on the Employer/Engineer
unless and until the same are incorporated in a formal instrument and signed by the
Employer/Engineer and the Contractor.
TheEngineer shall be competent to order in writing to enlarge or extend, diminish or reduce the
works or make any alterations in their design, character, position, site, quantities, dimensions or
in the method of execution or use of materials for the execution thereof and to any additional
works to be done or any work not to be done.
56.1 The rates entered in the accepted Bill of Quantities of the Contract, shall be all-inclusive
and provide for works duly and properly completed in accordance with terms and conditions of
the Contract and processes as mentioned in specifications and drawings (including revised
drawings), relevant codes whether mentioned or not in the nomenclature of the item in Bill of
Quantities. All rates quoted in the tender shall also deemed to include except specifically
provided otherwise in the Contract:
All materials, labour, tools and plant, stores, centering, shuttering, etc.
All watching, lighting, pumping and draining unless otherwise provided for.
- All barriers and arrangements for safety of the property, utilities, public or
employees/workers during the execution of works.
- The setting out of all works of construction, repair and up-keep of all centre lines,
benchmarks, reference pillars etc.
56.2 Nothing extra shall be payable over the quoted rates, except as specifically provided in
the Contract.
56.3 All rates quoted in the Bill of Quantities shall be deemed to be inclusive of all types of
direct and indirect taxes imposed by Central/State Govt. and local bodies such as excise duty,
sales tax, value added tax (VAT), Works contract tax, Service tax, Royalties, Duties, Cess,
Octroi and other levies as applicable and also include all import duties. The rates shall also be
inclusive of all taxes, duties and other charges imposed outside the country on the production,
manufacture, sale and transport of the Contractor’s equipment, plant, materials and supplies to be
used on or furnished under the contract and on the services performed under the contract. No
additional amount shall be paid or claim be entertained on this account by Employer/Engineer.
56.4 The Contractor shall bear the cost of all royalties, fees and other payments in respect of
patents, patents right and license(s) which may be payable to patentee, licensee or other person
or corporation and shall obtain all necessary licenses/ permissions. In case of any breach
(whether willfully or inadvertently) by the Contractor of this provision, the Contractor shall
indemnify Employer, Engineer and their employees against all claims, proceedings, damages,
costs, charges, loss and liability which they or any of them may sustain, incur or be put to by
The rates as per the accepted Bill of quantities, shall be firm and hold good till the completion of
the works, and no additional claim or amount shall be admissible on account of fluctuations in
market rates, increase in taxes, levies, fees royalties etc. unless specifically provided for in the
Contract.
58.1 The quantities of items shown in the Bill of Quantities are approximate, and liable to vary
during the actual execution of the work. The Contractor shall be bound to carry out and complete
the stipulated work, irrespective of the variations in individual items, specified in the Bill of
Quantities.
58.2 Such variations in quantities shall be paid for in the manner laid down below:
In case the variation in individual items goes beyond (+)25% in respect of the specialized nature
of works like tunneling works, Earthwork including rock blasting in hilly terrain for construction
of access roads and the consequential works like protection works etc., where it is not possible to
prepare fairly accurate estimate of quantities before award of the contract and it is not practical to
bring a new agency for doing the increased quantity of work beyond (+)25% variation, 1%
reduction in the accepted rate will be effected for payment to the Contractor beyond (+)25%
variation and upto (+)50% variation.
In other works where it is generally possible to work out fairly accurate estimate before award of
the contract, 2% reduction in the accepted rate will be effected beyond (+)25% variation and
upto (+)50% variation.
In case the variation in individual items is more than (+)50%, the rate for the increased quantities
beyond (+)50% shall be negotiated between the Engineer and the Contractor. Provided further
that for the quantities exceeding (+)50% of each item of Bill of Quantities, the Engineer shall
have a right to get these executed from any other agency or by his own labour, materials and
resources.
Decrease in quantity of individual items upto (-)50% due to site conditions shall not form ground
for revision of rates or claim on this account. Beyond (-)50% variation, rate shall be negotiated
between the Engineer and the Contractor.
The above limit of variation shall not be applicable for small value items and no negotiations for
rates for such items shall be done. Small value items shall be those items whose sum, starting
from the lowest value item, is upto 2% of the original contract value and shall be decided
between the Engineer and the Contractor.
59.1 If any item of work not provided for in the accepted Bill of Quantities and required to be
executed for completion of work, the Contractor on receipt of instructions from the Engineer,
shall be bound to carry out such items of work at the rates to be decided as per sub-clause 59.2
and 59.3.
59.2 The rate for such extra items shall be derived from rate for similar items available in the
accepted Bill of Quantities.
59.3 In case rates cannot be derived from the accepted Bill of Quantities, the rate may be
worked out on the following basis:
Cost of materials and consumables at current market rates, as actually utilised in the final
finished permanent work, including a reasonable percentage for wastage and cost of loading,
unloading and transportation.
Hire charges for plant and machinery, scaffolding, shuttering, forms, etc. required to be used at
the site of the work.
An amount of 10% of items (a), (b) and (c) above to allow for Contractor’s overheads, profits
and other contingencies.
59.4 In all cases where extra items of work are involved, for which there are no rates in the
accepted Bill of Quantities, the Contractor shall give a notice to the Engineer, of at least 7 days
before the need for their execution arises.
Such a notice shall not however be necessary if the Engineer has already instructed in writing to
take up such an item of work. To decide the rate, the Contractor shall furnish detailed analysis of
the rates on the lines mentioned in sub-clause 59.2 and 59.3above and attend a meeting with
Engineer to settle the rate as and when called for. The Contractor shall be bound to furnish the
requisite details and to attend the meeting.
In case mutually agreeable settlement of rates is not arrived at between the Engineer and the
Contractor, the Contractor shall be bound to carry out the works at rates to be decided by the
Engineer. In the absence of a finalised rate for a new item, the Engineer shall be entitled to
certify payment to the Contractor based on a provisional rate fixedby the Engineer for the work
done under the new item. This shall be subject to upward or downward adjustment after the rate
is finalised by the Engineer for that item.
59.6 The decision of the Engineer under this clause shall be final and binding.
Any moneys due to the Contractor either alone or jointly with others, including the performance
guarantee amount returnable to him may be withheld or retained or encashed by exercise of lien
by the Client/ Employer/Engineer against any claim of the Client/ Employer/Engineer or any
other branch, office department or subsidiary of the client/ Employer/Engineer in respect of a
sum of money arising out of or under any contract other than the present contract made by the
Contractor alone or jointly with the client/ Employer/Engineer or any other branch, office,
department or subsidiary of the client/ Employer/Engineer. It is agreed term of contract that the
sum of money so withheld or retained under this clause by the client/ Employer/Engineer, shall
be kept withheld or retained till the claims arising out of or under the contract, are either
mutually settled or determined by the Arbitrator, or by the competent court, as the case may be
and that the Contractor shall have no claim for interest or damages whatsoever on this account or
any other account, in respect of any sums of money withheld retained, under this clause and duly
notified to the Contractor.
Measurements
The Contractor shall be paid for the works at rates in the accepted Bill of Quantities of the
contract and extra items of work at rates determined under clause 59.0of these conditions. The
measurement shall be taken by the Engineer or his representative in the presence of the
Contractor or his authorised representative.
The measurements of the work shall be taken in accordance with the contract during progress of
work and at such intervals, as in the opinion of the Engineer or Engineer’s Representative shall
be proper, having regard to the progress of the work. On an agreed date and time, the Engineer or
his Representative shall take the on account or final measurements in the presence of the
Contractor or his authorised representative. The Engineer or his authorised representative shall
sign the measurements, which shall also be signed by the Contractor or his authorised
representative as an acceptance of the measurements. If the Contractor or his representative fails
to turn-up at the time of taking measurements inspite of notice to do so, the Engineer or his
representative shall be entitled to record the measurements ex-parte and these shall be final and
binding on the Contractor.
For the purpose of measuring such permanent works, as are to be measured by records and
drawings, the Contractor shall prepare records and drawings at regular intervals and submit to
the Engineer or Engineer’s representative for his scrutiny.
In case, there is a discrepancy in the measurements of work done and the measurements as per
drawings, measurements for the minimum of the two shall only be accounted for, provided the
executed work is acceptable to the Engineer.
The Contractor shall be entitled to be paid from time to time, by way of “On-account” bills, only
for such works, as in the opinion of the Engineer, the Contractor has executed in terms of the
contract. Such payments shall be made at intervals to be decided by the Engineer depending
upon the progress of work. Payment shall be made only on submission of bills along with
measurements and necessary documents by the Contractor for scrutiny of the Engineer. The
amount certified shall account for all deductions, including statutory deductions as for sales tax,
income tax, etc., recoveries for advances and any amounts due from the Contractor. Such
payments made by the Engineer shall not constitute any final acceptance of the measurements. In
case of any discrepancy, the Engineer shall have the right to alter, modify, reduce or diminish the
quantities or classification entered in the Measurement Books. In such cases, the Engineer shall
have the right to recover any amount paid in an earlier bill/bills from any subsequent bill/bills
and should the amount to be recovered be more than the amount of the subsequent bills, the
Contractor shall on demand from the Engineer immediately refund the amount to the Engineer
within 7 days, failing which he shall have to pay interest @1% per month till the said extra
amount is paid back by him.
For materials brought to site by the Contractor, the Engineer may allow (interest free) payment
@ 75% cost of major materials brought to site for use in the works as secured advance which
will normally be paid along with next on account payment. The payment of secured advance
shall be made without any bank guarantee but on written request of the Contractor along with
indemnity bond indemnifying Employer/Engineer against any loss and/or damages to the
materials for which secured advance is sought by the Contractor. The indemnity bond shall be
submitted on a non-judicial stamp paper of minimum value of Rs.10/-duly not arised as per the
format approved by the Engineer. The Contractor should supply necessary vouchers etc. as
evidence that payment has been made by the Contractor for all the materials brought to site for
which secured advance is sought by the Contractor. Secured advance shall be paid at the rates
derived from the accepted rate of the item(s) for which the materials are to be consumed and
procurement rates, whichever is lower. The Engineer’s decision as to the Quality, Quantity and
value of the materials for which such secured advance is payable will be final and binding on the
Contractor. The recovery of secured advance so made will bemade from the subsequent on
account bills to the extent the materials are consumed in the work.
The Engineer may on specific request and authorisation by the Contractor in writing release
payments directly to the Suppliers, sub-contractors or petty contractors of the Contractor from
the amount(s) certified, passed and due for payment to the contractor..
In cases of default by the Contractor, the Engineer may without any notice to the Contractor,
release payments directly to the suppliers/sub-contractors and/or petty contractors of the
Contractor. All such payments shall be recovered with interest @ 1.25% (including
administrative charges) per month from the payments due to the Contractor.
In exceptional circumstances, if the Contractor is not able to make prompt payments to his
suppliers affecting supplies of materials and progress of work, the Engineer may (but shall not be
The decision of the Engineer regarding exceptional circumstances and payments to be made to
the suppliers, sub-contractors and petty contractors under the clause Nos. 62.3, 62.4 and 62.5
shall be final and binding on the Contractor. Such payments shall also not relieve the Contractor
from any of his liabilities or obligations under the Contract.
No payment under the contract shall be made to the Contractor before receipt of performance
security. The Engineer shall also be entitled to with hold payment sunder the above sub-clauses
in case the Contractor fails to get himself registered under sales tax/labour laws or fails to fulfill
his obligation under the contract.
As soon as possible after completion of work, the Contractor shall submit the final bill along
with detailed measurements of work done, accountal of the materials, plant and machinery issued
by the Engineer and all other statements, supporting documents required for finalisation of the
bill. The final bill, measurements and documents submitted by the Contractor shall be scrutinised
by the Engineer or his representative and in case the same are found not in order, the Engineer
shall direct the Contractor to re-submit the final bill along with all details. On receipt of all
requisite details and final bill from the Contractor, the Engineer shall have the final
measurements taken, recorded and signed jointly. An accountable of any plant, equipment and
materials issued by the Engineer to the Contractor, shall also be prepared and signed jointly.
Based onthe final measurements and materials and plant and equipment accountable statements,
the Engineer shall prepare the final bill.
The Contractor shall sign the Engineer’s copy of the Final Bill Account in token of acceptance of
the full and final value of the works performed under the contract, and submit a “No Claim
Certificate” on the prescribed proforma along with a list of unsettled claims, if any. The Engineer
shall then arrange to make payment against the final bill.
64.1.1 All payments to the Contractor shall be made through Electronic Clearing System (ECS).
The Contractor shall furnish his Banker’s details in addition to his own bank account details. All
amounts payable to the Contractor shall be directly credited to his bank account.
64.1.2 In case, the Contractor is having his account with a bank not having Electronic Clearing
System (ECS),the Contractor may open a bank account with the bank having this facility.
Income tax and Works tax shall be deducted from the payments credited/released by
Employer/Engineer to the Contractor against execution of work as per law of the land. The
deductions shall be made as per prescribed rates prevalent from time to time unless a tax
exemption certificate is produced by the Contractor. Amount of tax deduction shall be deposited
with the concerned authorities and tax deduction certificate shall be issued by
Employer/Engineer. The Employer/Engineer shall deduct at source taxes/duties under any other
law/statute as may be applicable at the time of making payments. The Contractor shall furnish to
the Engineer registration No. under works tax and PAN(for TDS), as applicable.
As soon as the work is completed, the Contractor shall give notice of such completion, whether
of the whole of the works, or of any part of the work, for which a separate date of completion is
stipulated in the contract, to the Engineer, and the Engineer, within 30 days of receipt of such
notice, shall inspect the work and also arrange for carrying out of such tests as may be prescribed
under the contract or ordered by the Engineer. If the Engineer notices any incomplete item of
work or any defect, which is to be rectified by the Contractor, or if any part or whole of the work
fails to pass the specified tests, the
Engineer shall furnish to the Contractor, the list of all such incomplete items of work,
deficiencies, defects, failure to pass tests, etc., and may refuse to issue a Certificate of
Completion to the Contractor. If in the opinion of the Engineer the work has been satisfactorily
completed and has satisfactorily passed final test or tests that may be prescribed, the Engineer
shall issue a certificate of completion showing the date of completion in respect of the work. The
defect liability period, if any, shall commence from the date of completion indicated in such
certificate. Provided that the Engineer may issue such a certificate with respect to any part of the
works, before the completion of the whole of the works, which has been so completed and/or
used by the Client/Employer/Engineer. When any such certificate is given in respect of a part of
the work, such part shall be considered as completed and the defect liability period of such part
shall commence from the date of completion indicated in such certificate.
The Certificate of Completion of Works referred to in sub-clause 65.1shall not absolve the
Contractor from his liability to make good defects, imperfections and shrinkages or faults, which
may appear during the defect liability period specified in the contract, arising in the opinion of
the Engineer from materials or workmanship being not in accordance with the Contract. These
shall be rectified and made good by the Contractor at his own cost. In case of the default on the
part of the Contractor, to so make good the defects or deficiencies, the Engineer may employ
labour, plant and machinery and materials or appoint another agency or Contractor, to make
good such defects, imperfections, shrinkages and faults, and all expenses consequent and
incidental thereto, shall be recovered from any money due to the Contractor under the contract
including the Performance Security amount or from any money payable to the Contractor by the
Employer/Engineer, under any other contract.
On completion of works, the Contractor shall clear and remove from site all constructional plant,
surplus materials, rubbish and temporary works of every kind, and leave the whole of the site of
work clean, tidy and in a workman like condition to the satisfaction of the Engineer. This will be
one of the pre-conditions for making the final payment to the Contractor. Such clearance may be
made by the Engineer through any other agency at the expense of the Contractor in the event of
the Contractor's failure to comply with this provision within 7 days after receiving notice to that
effect from the Engineer.
It is an agreed term of the contract that the Employer reserves to himself the right to carry out a
post payment audit or technical examination of the works, and the final bill including all
supporting vouchers, abstracts, etc. If as a result of such examination, any over payment to the
Contractor is discovered to have been made in respect of any work done, the Contractor will be
bound to refund the same to the Engineer or may be adjusted against any dues of the Contractor.
If any under payment is discovered, thesame shall be paid by the Engineer to the Contractor.
Such payments or recoveries, however, shall not carry any interest.
68.1 In the contract, the expression “Defect Liability Period” shall mean the period of defect
liability prescribed elsewhere in the contract, commencing from the date of completion of the
works, as certified by the Engineer.
The Contractor shall maintain, rectify and make good at his own cost any defects/deficiencies,
which may develop in the work or as notified by the Engineer during Defect Liability Period.
However, maintenance during Defect Liability Period shall not include day to day upkeep,
cleaning, custody and security of the work.
68.2 The contract shall not be considered as completed, until a Defect Liability Certificate has
been issued by the Engineer stating that the works have been completed and maintained to his
satisfaction. Defect Liability certificate shall be issued by the Engineer, upon expiry of Defect
Liability period or as soon thereafter as any works ordered during such period, have been
completed to the satisfaction of the Engineer.
68.3 No certificate other than “Defect Liability Certificate” shall be deemed to constitute final
approval of the work or part of the work for which it is issued.
Notwithstanding the issue of Defect Liability Certificate, the Contractor and the Engineer shall
remain liable for the fulfilment of any unfulfilled obligations under the provision of the contract,
prior to the issue of the Defect Liability Certificate, and for the purpose of determination of the
nature and extent of any such obligation, the contract shall be deemed to remain in force between
the parties thereto.
If any part or item of the work is allowed to be carried out by a sub-Contractor, the Engineer
shall have power to secure the books of such sub-Contractor, through the Contractor, and shall
have power to examine and inspect the same.
71.1 If, at any time during the currency of the contract, the performance of any obligation (in
whole or in part) by the Employer or the Contractor shall be prevented or delayed by reason of
any war, hostilities, invasion, acts of public or foreign enemies, rebellion, revolution,
insurrection, civil commotion, sabotage, large scale arson, floods, earthquake or any other act of
God, large scale epidemics, nuclear accidents, any other catastrophic unforeseeable
circumstances, quarantine restrictions, any statutory, rules, regulations, orders or requisitions
issued by a Government department or competent authority (hereinafter referred to as "event”)
then, provided notice of the happening of such an event is given by either party to the other
within 21 days of the occurrence thereof.
a. Neither party by reason of such event be entitled to terminate the contract or have claim
for damages against the other in respect of such non-performance or delay in performance.
b. The obligations under the contract shall be resumed as soon as practicable after the event
has come to an end or ceased to exist.
c. If the performance in whole or part of any obligation under the contract is prevented or
delayed by reason of the event beyond a period of 180 days, the contract may be fore-closed with
mutual consent by giving a notice of 30 days without any repercussions on either side.
e. Works that have already been measured shall be paid for by the Engineer even if the
same is subsequently destroyed or damaged as a result of the event. The cost of rebuilding or
replacing any work that has been measured shall be borne by the Employer/Engineer.
f. If the contract is fore-closed under this clause, the Contractor shall be paid fully for the
work done under the contract, but not for any defective work or work done which has been
destroyed or damaged before its measurement. The Engineer shall have the option to take over
any plant and material lying at site, at rates provided for in the contract, failing that, as per rates
which are determined to be fair and reasonable by the Engineer.
71.2 If no notice is issued by either party regarding the event within 21 days of occurrence, the
said event shall be deemed not to have occurred and the contract will continue to have effect as
such.
72) CLAIMS
The contractor shall prepare and furnish to the Engineer once in very month an account giving
full and detailed particulars of all claims for any additional expenses to which the Contractor
may consider himself entitled to and of all extra or additional works ordered by the Engineer
which he has executed during the preceding month and no claim for payment for and such works
will be considered which has not been included in such particulars.
Non-receipt of statement of claims shall be construed that contractor has 'no claim'.
The contractor shall not be entitled to make any claim whatsoever against HRIDC under or by
virtue of or arising out of this contract, nor shall HRIDC entertain or consider any such claim, if
made by the Contractor, after he shall have signed a “No Claim” Certificate in favour of HRIDC
in such form as shall be required by HRIDC after the works are finally measured up. The
Contractor shall be debarred from disputing the correctness of the item covered by “No Claim”
Certificate or demanding a clearance to arbitration in respect thereof.
All disputes and differences of any kind whatsoever arising out of or in connection with the
contract, whether during the progress of the work or after its completion and whether before or
after the determination of the contract, shall be settled as under, provided that matters for which
provision has been made in clauses 20.3, 36.5, 40.1, 40.2, 49.7, 50.0, 51.0, 59.0, 61.2 and 72.2 of
General Conditions of Contract or in any clause of the Special Conditions of Contract shall be
deemed as ‘excepted matters’ (matters not arbitrable) and decision of the Employer thereon, shall
be final and binding on the contractor; provided further that 'excepted matters' shall stand
specifically excluded from the purview of this clause.
All such disputes or differences shall in the first place be referred by the Contractor to the
Employer in writing for resolving the same through mutual discussions, negotiations,
deliberation etc. associating representatives from both the sides and concerted efforts shall be
made for reaching amicable settlement of disputes or differences.
73.2 Conciliation/Arbitration
73.2.1 It is a term of this contract that Conciliation/ Arbitration of disputes shall not be
commenced unless an attempt has first been made by the parties to settle such disputes, within
120 days of submission of monthly statement of such claim, through mutual settlement.
73.2.2 In the event of failure to resolve any dispute or difference between the parties hereto as to
the construction or operation of this contract, or the respective rights and liabilities of the parties
on any matter in question, dispute or difference on any account or as to the withholding by the
Employer of any certificate to which the contractor may claim to be entitled to, through mutual
settlement, the Contractor may refer such matters to the Managing Director in writing within 60
If the efforts to resolve all or any of the disputes through Conciliation fail, the Contractor may
refer to the Managing Director of the Employer for settlement of such disputes or differences
through Arbitration. No disputes or differences shall be referred to Arbitration after expiry of 60
days from the date of notification of the failure of Conciliation.
73.2.3 The demand for Conciliation or Arbitration shall specify the matters which are in
question, or subject of the dispute or difference as also the amount of claim item wise. Only such
dispute(s) or difference(s) in respect of which the demand has been made, together with counter
claims or set off, given by the Employer, shall be referred to Conciliation or Arbitration and
other matters shall not be included in the reference.
73.2.3(a) The Arbitration proceeding shall be assumed to have commenced from the day, a
written and valid demand for arbitration is received by the Employer.
73.2.3(b) The claimant shall submit his claim stating the facts supporting the claim along with all
relevant documents and the relief or remedy sought against each claim within a period of 30 days
from the date of appointment of the Arbitral Tribunal.
73.2.3(c) The Employer shall submit its defence statement and counter claim(s), if any, within a
period of 60 days of receipt of copy of claim from Tribunal thereafter unless otherwise extension
has been granted by Tribunal.
73.2.3(d)Place of Arbitration:
The conciliation/ arbitration proceedings shall be held at a place decided by Conciliator/
Arbitrator.
73.2.4 No new claim shall be added during proceedings by either party. However, a party may
amend or supplement the original, claim or defence thereof during the course of arbitration
proceedings subject to acceptance by Tribunal having due regard to the delay in making it.
73.2.5 If the contractor(s) does/do not present his/their specific and final claim in writing, within
a period of 90 days of receiving the intimation from the Employer that the final bill is ready for
payment, he/they will be deemed to have waived his/their claim(s) and the Employer shall be
discharged and released of all liabilities under the contract in respect of these claims.
The Obligations of the Employer, the Engineer and the Contractor shall not be altered by reasons
of conciliation / arbitration being conducted during the progress of works. Neither party shall be
entitled to suspend the work on account of conciliation/ arbitration and payments to the
Contractor shall continue to be made in terms of the contract.
In cases where the total value of all claims/counter-claims in question added together does not
exceed `2.00 Crore (Rupees Two Crores), the Arbitral Tribunal shall consist of a sole arbitrator
who shall be an officer of HRIDC not below GM level, nominated by the Managing Director.
For this purpose, the Employer will send a panel of more than 3 names to the contractor, within
60 days from the day when a written and valid demand for arbitration is received by the
Employer. Contractor will be asked to suggest to the Managing Director at least 2 names out of
the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of
the request by the Employer. The Managing Director shall appoint at least one out of them as the
contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators
either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from
amongst the 3 arbitrators so appointed. The Managing Director shall complete this exercise of
appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s
nominees. While nominating the arbitrator sit will be necessary to ensure that one of them is
from the Accounts Department. An officer of AGM rank of the Accounts Department shall be
considered of equal status to the GM of the other departments of HRIDC for the purpose of
appointment of arbitrator.
73.4(a)(iv) If one or more of the arbitrators appointed as above refuses to act as arbitrator,
withdraws from his office as arbitrator or vacates his/their office/offices or is/are unable or
unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the
opinion of the Managing Director fails to act without undue delay, the Managing Director shall
appoint new arbitrator/ arbitrators to act in his/their place in the same manner in which the earlier
arbitrator/ arbitrators had beenappointed. Such reconstituted Tribunal may, at its discretion,
proceed with the reference from the stage at which it was left by the previous arbitrator(s).
73.4(a)(v) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits
or otherwise, as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties
hereto to do or cause to be done all such things as may be necessary to enable the Arbitral
Tribunal to make the award without any delay. The Arbitral Tribunal should record day-to-day
proceedings. The proceedings shall normally be conducted on the basis of documents and written
statements.
73.4(b)(ii) A party may apply for corrections of any computational errors, any typographical or
clerical errors or any other error of similar nature occurring in the award of tribunal within 60
days of the receipt of the award.
73.4(b)(iii)A party may apply to tribunal within 60 days of the receipt of award to make an
additional award as to claims presented in the arbitral proceedings but omitted from the arbitral
award.
73.5 In case of the Tribunal, comprising of three members, any ruling or award shall be made by
a majority of members of Tribunal. In the absence of such a majority, the views of the Presiding
Arbitrator shall prevail.
73.6 Where the arbitral award is for the payment of money, no interest shall be payable on whole
or any part of the money for any period till the date on which the award is made.
73.7 The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia
include fee of the Conciliator/ Arbitrator(s) as per the rates fixed by the Employer from time to
time and the fee shall be borne equally by both the parties. Further, the fee payable to the
arbitrator(s) would be governed by the instructions issued on the subject by the Employer from
time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the Employer or
by the court of law unless specifically directed by Hon'ble court otherwise on the matter.
It is a term of this contract that the Contractor shall not approach any Court of Law for settlement
of such disputes or differences unless an attempt has first been made by the parties to settle such
disputes or differences through clauses73.1and73.2.
73.9 The Conciliation and/or Arbitration proceedings shall be governed by the provisions of the
Indian Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment
thereof and the rules made thereunder and for the time being in force.
73.10 The language of proceedings, documents or communications shall be in English and the
award shall be made in English in writing.
An arbitral award shall be final and binding on all parties, as per provision of Arbitration and
Conciliation Act, 1996.
73.12 Exception:
For settlement of disputes with central PSUs, the procedure as per existing orders of Permanent
Machinery for Arbitration (PMA), Bureau of Public Enterprises, Govt. of India shall be
followed.
AGREEMENT
WHEREAS the Employer is desirous that certain works should be executed by the
Contractor viz. Contract No.____________
___________________________________________ (hereinafter called “the Works”, and has
accepted a Bid by the Contractor for the execution and completion of such Works and the
remedying of any defects therein.
In this Agreement, words and expressions shall have the same meaning as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
The following documents shall be deemed to form and be read and construed as part of this
Agreement:
The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein the Contract Price orsuch other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
Signed for and on behalf of the Signed for and on behalf of the
Contractor in the presence of: Employer in the presence of:
Witness: Witness:
1. 1.
2. 2.
To
AND WHEREAS it has been stipulated by you in the said Contract that the contractor shall
furnish you with a Bank Guarantee by any Scheduled Bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of ______________________ [amount of Guarantee],
____________________________________________ [amount in words], such sum being
payable in the types and proportions 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 limits of _______________
[amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons
for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed there under or of any of the Contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid up to _______ (a date 60 days from the date of completion of the
work).
Name of Bank:
Address:
Date:
To
Haryana Rail Infrastructure Development Corporation Limited,
Name & Address.
[Acting through ______________________(Project Incharge) & Address of the Project]
AND WHEREAS it has been agreed by you in the said Contract that the Contractor has option to
get release 50% of the Retention Money against un-conditional Bank Guarantee from any
Scheduled Bank acceptable to you as security for compliance with Contractor’s obligation in
accordance with the contract (Sub clause _________).
AND WHEREAS the Contractor has opted to get released the 50% of the retention money
against an unconditional Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the Contractor, up to a total of _______________ [amount of Guarantee],
___________________________ [amount in words], such sum being payable in the types and
proportions 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 limits
of __________ [amount of Guarantee] as aforesaid without your needing to prove or to show
grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed thereunder or of any of the Contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid upto _______ (till the HRIDC International Limited certifies
repayment of retention money in accordance with Sub-clause 8.5 of General Conditions of
Contract).
Name of Bank:
Address: