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Lucknow Nagar Nigam is inviting tenders for the supply, installation, and commissioning of a Vehicle Simulator House at the Traffic Park on Kanpur Road, Lucknow, with a completion period of 4 months. Eligible contractors must meet specific financial and experience criteria, including an average annual turnover of at least Rs. 25 lakhs and prior completion of similar works. The tender submission deadline is May 15, 2017, with the opening of technical tenders scheduled for May 16, 2017.
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0% found this document useful (0 votes)
2 views64 pages

PDF549

Lucknow Nagar Nigam is inviting tenders for the supply, installation, and commissioning of a Vehicle Simulator House at the Traffic Park on Kanpur Road, Lucknow, with a completion period of 4 months. Eligible contractors must meet specific financial and experience criteria, including an average annual turnover of at least Rs. 25 lakhs and prior completion of similar works. The tender submission deadline is May 15, 2017, with the opening of technical tenders scheduled for May 16, 2017.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Issued By :

Date :

Lucknow Nagar Nigam


Tender Document

“Detail Engineering,Supply ,Installation of the


Vehicle Simulator House (including Civil &
Electrical Works) for Up-gradation of the Traffic
Park of LNN at Kanpur Road, Lucknow”

Issued To :

April 2017
Lucknow Nagar Nigam

Signature of contractor
NOTICE INVITING TENDER

1.0 LNN invites Lumpsum rate, open tenders from experienced and eligible contractors for
Supply, installation ,commissioning of the Simulator House for Up-gradation of the Traffic Park of
LNN at Kanpur Road, Lucknow as per schedule given below:

Tendering Document No.

Detail Engineering,Supply ,Installation of the Vehicle


Simulator House ( Including Civil & Electrical
Name of the Work
Works) for Up-gradation of the Traffic Park of
LNN at Kanpur Road, Lucknow

Supply , installation ,commissioning of the Vehicle


Simulator House (Including Civil & Electrical Works)
for Up-gradation of the Traffic Park of LNN at
Kanpur Road, Lucknow along with scope of work
Brief Scope of Work mentioned in draft agreement.

Period of Completion 4 months ( including Rain/Delays)

Earnest Money Deposit (EMD) 1,40,000/-. (One lac forty thousand only)

Rs. 5000 (Rupee Five Thousand) + VAT ( Rs.200)


Non- refundable cost of Tender document
Total – Rs. 5200/-

Last date & time of submission of tender Upto 1400 hours of Date 15.05.2017

Period during which hard copy in original Upto 1400 hours of Date 15.05.2017
of EMD, Cost of Tender Document, Letter
of Acceptance of tender conditions
(unconditional) and other document as per
NIT shall be submitted

Date & Time of Opening of Technical 1600 hours of Date 16.05.2017


Tender

Date & Time of Opening of Financial To be intimated later


Tender

Validity of Offer 120 days from the date of opening of price bid.

Signature of contractor
The intending tenderer must read the terms and conditions of the contract carefully. The
tenderer should only submit his tender if he considers himself eligible and is in possession of all
the documents required.

2.0(A) Information and Instruction for tenderers posted on website, along with corrigendum
shall form part of Tender Document.

*2.0(B) QUALIFYING REQUIREMENT FOR BIDDER: * (as per CVC guidelines)

The Average annual financial turnover for last 3 years shall be at least Rs. 25.0 Lacs. Copies of
balance sheets of last three financial years, duly certified by a Chartered Accountant shall be
submitted in support of the requisite financial Turnover. The bidder shall have successfully
completed similar works during the last seven years as mentioned below:

Three similar works each costing not less than Rs. 25.0 Lacs each

OR

Two similar works each costing not less than Rs. 35.0 Lacs each

OR

c. One similar work costing not less than Rs. 60.0 Lacs .

Similar work means construction & maintenance of facilities in a traffic park/ any park or similar
electrical/ mechanical/ electronic equipment facility. In case the bidder has executed the
work(s) under private sector, the value of the work shall be reflected in the TDS of the
corresponding year(s) and shall submit requisite Proof/ TDS certificate for the same. Chartered
Accountant's certificate needs to be enclosed compulsorily.

The value of executed works shall be brought to the current level by enhancing the actual value
of work done by using the formula

Current value C = A X N X 2 - B, where : ( check the formula and replace )

A = Project cost during a particular year.

N = Period in yrs

B = value of Existing commitment in hand.

No Joint venture or Consortium of firms shall be allowed and the contractors should meet the
above criteria by himself/ themselves.

Net worth as on 31.03.2015 should not be less than Rs. 40.0 Lacs or a Bank Solvency certificate
to be submitted for the same value which should have been issued by the Bank within six
months from the date of publication of this NIT.

Should not have incurred loss in more than 2 years during the last 3 years ending 31.03.2015.

Signature of contractor
Copy of commercial Tax, Service Tax, VAT Registration, EPF Registration Certificate & PAN Card.

Information regarding the constitution of the applicant/firm e.g. Proprietary, Partnership,


Private Ltd. Etc. along with proof of the same such as copies of registration/ partnership deed
etc.

The copy of above documents shall be submitted by the tenderer along with hard copies of
other required documents.

Tender Document shall be submitted with the mandatory documents such as

a) Demand Draft / Pay order or Banker`s Cheque towards cost of tender document, in case
of downloaded from website.
b) proof of deposit of e-Tender Processing Fee,
c) Demand Draft/Pay Order or Banker’s Cheque/Bank Guarantee of any Nationalized or all
Commercial Scheduled Bank against EMD & all other documents as per NIT.
Set of Contract/Tender Documents:

The following documents will constitute set of tender documents:

Notice Inviting Tender. (Page -to-)

Quoting Sheet for Tenderer (Page --)

Instruction to Tenderers & General Conditions of Contract (Vol-I/2015) (page-- to ----):

d) Technical Specifications (Vol-II) (Page -- to----)

Bill of Quantities (Vol-III) (Page---- to ---)

Tender Drawings (----- Nos. of drawings)

Acceptance of Tender Conditions (Annexure-II)

Corrigendum, if any(Page --- to --- )

Special Conditions of Contract if applicable(Page--- to ----)

List of Approved Makes(Page --- to-----)

The tenderers are required to quote strictly as per terms and conditions, specifications,
standards given in the tender documents and not to stipulate any deviations.

When it is desired by LNN to submit revised financial tender then it shall be mandatory to
submit revised financial tender. If not submitted then the tender submitted earlier shall become
invalid.

Contractor to submit copies of all the documents including valid service tax registration, EPF
registration, VAT registration, Commercial Tax registration, PAN Card. etc. as stipulated in the
tender document.

Signature of contractor
If the contractor is found ineligible after opening of tenders, his tender shall become invalid and
cost of tender document shall not be refunded.

Notwithstanding anything stated above, LNN reserves the right to assess the capabilities and
capacity of the tenderer to perform the contract, in the overall interest of LNN. In case,
tenderer’s capability and capacities are not found satisfactory, LNN reserves the right to reject
the tender.

Certificate of Financial Turn over: At the time of submission of tender, the tenderer shall submit
Affidavit/ Certificate from Chartered Accountant mentioning Financial Turnover of last 3 years
or for the period as specified in the tender document and further details if required may be
asked from the tenderer after opening of technical tenders.

List of Documents to be within the period of tender submission:

Demand Draft/Pay Order or Banker’s Cheque/ Bank Guarantee of any Nationalized or


Commercial Scheduled Bank towards EMD.

Demand Draft/Pay Order or Banker’s Cheque of any Scheduled Bank towards cost of Tender
Document.

Letter of Acceptance of tender condition(unconditional) as per format enclosed in Annexure-II.

Certificate of Financial Turnover duly certified by CA as indicated above.

Form XXVI (Appendix–O) of GCC – Affidavit.

Power of Attorney of the person for signing/submitting the tender.

Valid service tax registration, EPF registration, VAT registration, commercial Tax registration,
PAN No.

All pages of all the Corrigendum (if any) duly signed by the authorized person.

If any condition or conditional rebate is offered by the tenderer, their tender shall summarily be
rejected.

Signature of contractor
MEMORANDUM

Values/Description to be applicable for


[Link]. Description
relevant clause(s)

Detail Engineering,Supply ,Installation of the Vehicle


Simulator House ( Including Civil & Electrical Works) for
1. Name of work
Up-gradation of the Traffic Park of LNN at Kanpur
Road, Lucknow

2. Client/Owner LNN

3. Type of Tender LUMPSUM Rate Contract

Rs.- 140000 (Rupees-One lac forty thousand) in the form of


4.
Earnest Money Deposit DD/ FDR/CDR

Interest Rate of Simple interest rate of 14 % (Fourteen Percent only) per


5.
Mobilization Advance annum.

6. Validity of Tender 120 Days

5.00% (Five Percent only) of contract value in form of bank


7. guarantee, within 30 days from the issue of Letter of
Performance Guarantee intimation.

Security Deposit/Retention 5.00% (Five Percent only) of the gross value of each running
8.
Money bill.

Time allowed for


09. The date of start of contract shall be reckoned 7 days after
starting the work the date of issue of letter of intimation.

Rates and amount Quoted by contractor shall be firm and


fixed for entire contract period as well as extended period
10 Escalation
till completion of the works. No escalation shall be
applicable on this contract.

Annual Maintenance contract for 5 years (Five years) from


11 Maintenance date of commissioning and no payments for LD period of six
months.

Necessary training shall be imparted to at least 2 Nos. staff


placed in the traffic Park. Necessary hand-holding for
12 Training
training/ up-gradation shall be included in the maintenance
contract provisions.

Signature of contractor
ACCEPTANCE OF TENDER CONDITIONS

From: (On the letter head of the company by the authorized officer having power of attorney)

To
LNN,
_________

___________

Sub: Detail Engineering,Supply ,Installation of the Vehicle Simulator House( Including Civil &
Electrical Works) for Up-gradation of the Traffic Park of LNN at Kanpur Road, Lucknow

Simulator House .

Ref: N.I.T Tender …………………

Sir,

This has reference to above referred tender. I/We are pleased to submit our tender for the above
work and I/We hereby unconditionally accept the tender conditions and tender documents
in its entirety for the above work. I/we are eligible to submit the tender for the subject
tender and I/We are in possession of all the documents required. I/We have viewed and
read the terms and conditions of this NIT/ Tech Specifications/GCC/SCC carefully.

I/we have submitted the mandatory scanned documents such as cost of tender document,
EMD,and other documents as per NIT.

Should this tender be accepted, I/We agree to abide by and fulfill all terms and conditions referred
to above and as contained in tender documents elsewhere and in default thereof, to forfeit and
pay LNN, or its successors or its authorized nominees such sums of money as are stipulated in the
notice inviting tenders and tender documents.

If I/we fail to commence the work within 7 days of the date of issue of Letter of intimation and/or
I/we fail to sign the agreement as per Clause 82 of Clauses of Contract and/or I/we fail to submit
performance guarantee as per Clause 02 of Clauses of Contract, I/we agree that LNN shall, without
prejudice to any other right or remedy, be at liberty to cancel the tender and to forfeit the said
earnest money as specified above.

Yours faithfully,

(Signature of the tenderer)

With rubber stamp

Dated _________________

Signature of contractor
2.0 PROJECT DESCRIPTION

2.1 Brief Details of Project:


Funds have been made available to the LMC, from the Dedicated Urban transportation fund for
up-gradation of traffic park of LLN developed at Indrapuri, Kanpur road , with various traffic
training and awareness facilities . Lucknow Nagar Nigam invites tender for Supply , installation
,commissioning and Maintenance of the Simulator House facility for a period of 5 years for
Up-gradation of the Traffic Park of LNN at Kanpur Road, Lucknow

Scope
It is proposed to develop simulator House in traffic park to house two vehicle simulators one LMV
and One HMV on motion platforms all complete.

Sr. no. Item Quantity

1 Tensile fabric & structure all complete As per drawings/ BOQ

2 Structural Glazing Works with proper ventilation As per drawings/ BOQ


all complete

3 Civil works As per BOQ

4 Electrical Works As per BOQ

2.2 Site and Its Connectivity:


The site is located at Indrapuri Colony, Kanpur Road, Lucknow, having site area of about 11089.36
Sqm. in the prime location at Lucknow.

Signature of contractor
Technical Features / Specs of Simulator House

Structure shall be made of M. S. Tube as required and shall be painted with suitable primer and
polyurethane paint.
Structure shall be designed as per IS 875 for Wind Load and signed by qualified Structure Engineer
Membrane shall be considered is type II Ferrari or Mehler or equivalent.
Membrane shall be cut and manufactured high frequency PVC welding machine.
Glass Should be Considered (6 MM THK CLEAR THOUGHND GLASS + 1.52 THK PVB LAMINATION +
6 MM THK CLEAR THOUGHND GLASS)

Signature of contractor
Bill of Materials

Tensile fabric , structure & Structural Glazing


Sr. Description Area In Sqft
No.

1. Design, detailed engineering, Supplying, Fabrication and Installation of 1950


suitable MS structure using MS pipe, base plate, anchor fastener and
necessary hardware as applicable duly painted with necessary primer &
PU paint as approved shade

Design, Supply Fabrication and installation of tensile membrane fabric


Type- II make Ferrari or Mehler. Including cutting, welding and cables,
plates and necessary hardware for fixing the fabric. Along With Front
Glass Façade and door.

2 Design Detail engineering Supply & Installation Of Fabric Façade. 1250


Tensile membrane fabric Type- II make Ferrari / Mehler Or equivalent .
including Cutting welding and cables plates & necessary Hardware for
fixing of fabric Façade.

3 Design detail engineering supply fabrication & installation of suitable 1300


MS Structure Along with Aluminum Section For Front glass Façade And
Door. Glass is (6 MM THK CLEAR THOUGHND GLASS + 1.52 THK PVB
LAMINATION + 6 MM THK CLEAR THOUGHND GLASS )

Signature of contractor
Bill of Materials

Civil Works

SOR-PWD
S.N
/DSR No.
Item of work Unit Quantity

1 Pwd-251
Earth work in excavation by mechanical means (Hydraulic
excavator)/manual means over areas (exceeding 30 cm in depth, 1.5 m in
width as well as 10 sqm on plan) including getting out and disposal of
excavated earth lead upto 50 m and lift upto 1.5 m, as directed by
Engineer-in-charge. All kinds of soil.

cum 47.00

2 Pwd-281
Providing and laying in position cement concrete of specified grade
excluding the cost of centering and shuttering - All work up to plinth level :

1:4:8 (1 Cement : 4 coarse sand (zone-III) : 8 graded stone aggregate 40


mm nominal size).

cum 15.00

3 DSR-4.3.1
Centering and shuttering including strutting, propping etc. and removal of
form for all heights-in foundation Foundations, footings, bases for columns.

SQM 29.00

4 DSR – 5.2
Reinforced cement concrete work in walls (any thickness), including
attached pilasters, buttresses, plinth and string courses, fillets, columns,
pillars, piers, abutments, posts and struts etc. above plinth level up to floor
five level, excluding cost of centering, shuttering, finishing and
reinforcement :

DSR – 5.2.2 1:1.5:3 (1 cement : 1.5 coarse sand(zone-III) : 3 graded stone aggregate 20
mm nominal size).

cum 5.00

5 Pwd- 504
Steel reinforcement for R.C.C. work including straightening, cutting,
bending, placing in position and binding all complete upto plinth level

Thermo-Mechanically Treated bars of grade Fe-500D or more. kg

Signature of contractor
265.00

6 Pwd- 305 b Brick work with common burnt clay F.P.S. (non modular) bricks of class
designation 7.5 in foundation & plinth in : 6.4.1 Cement mortar 1:4 (1
cement : 4 coarse sand)

cum 15.00

7 DSR- 11.46
Providing and laying Vitrified tiles in different sizes (thickness to be specified
by manufacturer) with water absorption less than 0.08 % and conforming to
I.S. 15622, of approved make in all colours & shade in skirting, riser of steps,
over 12 mm thick bed of cement mortar 1:3 (1cement: 3 coarse sand),
including grouting the joint with white cement &matching pigments etc.
complete. Size of Tile 600x600 mm

SQM 126.15

8 DSR- 13.4.1 12 mm Cement Plaster 1:4 (1 cement : 4 coarse sand)

85.00

9 DSR – 13.5
15 mm cement plaster on rough side of single or half brick wall of mix:

DSR- 13.5.1 1:4 (1 cement: 4 coarse sand) SQM

DSR –
1:6 (1 cement: 6 coarse sand) sqm 194.60
13.5.2

71.00

10 DSR – 13.8
Providing and applying white cement based putty of average thickness 1 mm
of approved brand and manufacturer , over the plastered wall surface to
prepare the surface even and smooth complete.

SQM 156.00

Signature of contractor
Making plinth protection 50mm thick of cement concrete 1:3:6 (1 cement : 3
coarse sand : 6 graded stone aggregate 20 mm nominal size) over 75mm
11 DSR – 4.17 thick bed of dry brick ballast 40 mm nominal size, well rammed and SQM
consolidated and grouted with fine sand, including necessary excavation,
levelling & dressing & finishing the top smooth.

58.50

12 13.45 13.45 Finishing walls with textured exterior paint of required shade :

New work (Two or more coats applied @ 3.28 ltr/10 sqm) over and including
13.45.1 SQM 85.00
priming coat of exterior primer applied @ 2.20kg/10 sqm.

13.41 Distempering with oil bound washable distemper of approved brand


13 13.41
and manufacture to give an even shade :

New work (two or more coats) over and including water thinnable priming
13.41.1 SQM 71.00
coat with cement primer sqm 93.70

Providing and laying 60mm thick faciory made cement concrete interlocking
paver block of M -30 grade made by block making machine with strong
vibratory compaction, of approved s;ze, design & shape, laid in required
14 16.68 SQM
colour and pattern over and including 50mm thick compacted bed of coarse
sand, filling the joints with line sandetc. all complete as per the direction of
Engineer-in-charge.

17.50

Signature of contractor
Bill of Materials

Electrical Works
S. NO. ITEM OF WORKS UNIT QTY REMARKS

(A) INTERNAL ELECTRIFICATION PWD2016& DSR


2016

1 Wiring for light point with 1.5 Sq. mm FR PVC insulated multistrand copper
conductor single core cable in partly concealed surface/recessed in PVC
(HD, ISI) conduit with modular switch, plate, suitable box,ceiling
rose/angle /batten holderon3mm phenolic paminated backbite sheet , and
rd
earthing the 3 point with 1.5 [Link] FR PVC insulated copper conductor
single core cable ,complete in all respect. Each 17 PWD138c+187a

3 Wiring for fan /fresh air fan point with 1.5 Sq .mm FR PVC insulated multi
strand copper conductor single core cable in surface/recessed in PVC (H
D, ISI) conduit with modular switch, plate, suitable box, ceiling rose, and
earthing the point with 1.5 sq. mm FR PVC insulated multi strand copper
conductor cable ,complete in all respect. Each 12 PWD 140c+187d

4 Wiring for plug point with 1.5 Sq. mm FRLS PVC insulated multi strand
copper conductor single core cable in surface/recessed in PVC (H D, ISI)
conduit with modular type switch&socket, plate, suitable box and 14 SWG
rd
earth continuity the 3 point with 1.5 [Link] FR PVC insulated copper
conductor wire,complete in all respect. Each 16 PWD141c+187c

6 Wiring for circuit, sub main & power plug point wiring along with earth wire
with the following size of FR PVC insulated multistrand copper conductor
single core cable in existing pvc conduit ,complete in all respect.

a 2x1.5 sq mm Mtr 360 DSR 1. 17.2

b 3x1.5 sq mm Mtr 150 DSR 1.17.3

c 2 x 2.5 sq. mm + 1 x 1.5 sq. mm earth wire Mtr 100 PWD291

d 2 x 4 sq. mm + 1 x 2.5 sq. mm earth wire Mtr 100 PWD 291a

e 2 x 6 sq. mm + 1 x 4 sq. mm earth wire Mtr. 100 PWD 291d

f 4 x 4 sq. mm + 2x 2.5 sq. mm earth wire Mtr. 75 PWD 291c

h 2x 10 sq. mm + 1 x 10 sq. mm earth wire Mtr. 30 PWD 291 g

7 Supplying and fixing following size /modules ,GI box along with modular
base & cover plate for modular switches in recess etc ,complete in all
respect. 1.27 DSR

Signature of contractor
a 1 or 2 module [ 75 mm x 75 mm ]
Each 3 1.27.1 DSR

b 3 module [ 100 mm x 758 mm ] Each 10 1.27.2 DSR

8 Supplying and fixing following modular switch /socket on the existing


modular plate & switch box including connections but excluding modular
plate etc ,complete in all respect. 1.24

a 5/6 A Switch Each 79 DSR 1.24.1

c. 15/16 A Switch Each 13 DSR 1.24.3

b 3 pin 5/6 A socket out let Each 10 DSR 1.24.4

d 6 pin 15/16 A socket out let Each 13 DSR 1.24.5

9 Supplying and fixing suitable size box with cover plate in front on
surface/recess including providing and fixing 6 pin5/6 A & 15/16 A modular
type socket outlet and 15/16 amps switch, connection, painting
etc. ,complete in all respect. Each 10 DSR 1.32

12 S/F/T/C OF batten/angle holder Each 4 PWD 405

15 Supplying, installation, testing and commissioning of prewired factory


made following size surface/ recess mounting, double door type, 415 volts
4P MCB distribution board of sheet steel, dust protected duly
phasphotized and powder painted, including interconnections
etc. ,complete in all respect. CAT A

c 8 way (4+24) Each 2 PWD1029 (A)

16 S/F 5 Amp to 32 Amp 240 volt 'C' curve MCB of following poles in the
existing MCB DB complete with connection, testing and
commissioning ,complete in all respect.

a Single pole (6/10/20/32 Amp) Each 24 PWD1002

18 S/F and making connection of 63 Amp. 4 pole 30mA ELCB/RCCB of Din


Rail Mounting complete in all respect as per direction and satisfaction to
the Engineer in charge.

a 63 Amp 4P Each 8 PWD 398

19 S/F of single pole blanking plate in the existing MCBDB,complete in all


respect. Each 3 PWD1034b

22 S/F of sheet steel enclosure surface/flush mounting fitted with 20 A 2 pin


and earth metal clad scraping earth plug and socket complete in all
respect. Each 11 PWD1031

Signature of contractor
24 S/F following sizes of 2mm thick PVC conduit [for
submain/TV/Tele/FA]along with accessories in recess the WALL
including making good the same in case of recessed conduit ,complete in
all respect. PWD 148

a 20 mm dia Mtr. 120 148a

c 32 mm dia Mtr. 30 150a

29 S/F of following modular boxes, base &cover plate ,complete in all


respect.

a 1 or 2 module Nos 36 DSR 1.27.1

30 S/F following modular type socket on the existing modular plate and switch
box including connection ,complete in all respect.

a Telephone socket outlet Each 1 DSR 1.24.6

b T.V. antenna socket outlet Each 1 DSR 1.24.7

TOTAL OF (A)

(B) EARTHING

31 Supplying and burring of Safe. Earthing Electrode T-19 Zn-Zinc Coated,


Length, 3000mm, outer pipe 48.4mm x 3.2mm, inner pipe 26.9mm x 2.6,
terminal Dia 12mm coating 80-100 micron filled with crystalline conductive
mixture (CCM) having anti corrosive & conductive property with 50 kgs
activated soil (BFC) capable of reducing the soil resistivity with good
mixture of retaining capacity along with 30 cm square C.I. frame with
hinged cover % masonry housing.(From electrode terminal to switch board,
cost of 25 x 3 G.I. Strip will be extra) Each 1 726(B)

32 Supplying and laying 6 SWG GI wire with cable/conduit Mtr. 60 DSR 5.18

TOTAL OF (B)

(C)CABLE

33 S/L/T/C of following sizes PVC insulated and PVC sheathed AL


conductor armoured power cable 1.1 KV grade in ground (750 mm below
GL , bricks on side & top+sand cushion ,complete in all respect. PWD 501(o)

b 3.5c x120sqmm Mtr 60.00

Signature of contractor
34 Supplying and making end termination with brass compression gland for
following sizes of PVC insulated & PVC sheathed /xlpe cable of 1.1 KV
grade armd. cable ,complete in all respect. Pwd 503 (o)

b 3.5c x120sqmm Nos 2.00

35 Supplying and making end termination with copper tin plated cable socket
[lug] to the cable leads, insulating with tape and making connection etc, for
following sizes of PVC insulated & PVC sheathed /xlpe cable of 1.1 KV
grade armd. cable ,complete in all respect. PWD 504(J)

b 120sqmm

Nos 8.00

39 Supply and erection of factory fabricated and wired metal clasd dust and
vermin proof floor mounting panel TPN switch board complete with the
following HRC type heavy duty TPN fuse switches with fuses and
instrument chamber [Link] in all respects. The instrument chamber
shall be seperate and shall comprise of flush type ammeter, voltmeter ,
selector switches for ammeter and voltmeter, instrument fuses, current
trnasformer [Link] board shall have suitable capacity electrolytic
aluminium busbars as per IS8623 istulate with heat shrink sleeving and
deteachable side covers and shall be suitable for extensions on the sides.
The switches shall be complete with suitable cable end boxes , reverse
entery boxes in case of pedestaal type, cable sockets, compressio glands
and The job includes the grounting of the board as
per direction of Engineer-in-charge. All coutgoing switches of 100 Amp.
And above will be provided with ampere metre current transformers and
selector switches and instrument fuses etc. The switches board shall be
fabricated with CRCA sheet with a minimum thickness of
1.6mm/[Link] type switch board shall be of cat A B & B-II and
pedestal type for Cat-B and C only. PWD 801(a)

Incoming

100 Amp. TPN-1 No.

Outgoing

a 63 Amp TNP-2 Nos.

(I) Cat.A Cubicle Type


Each

(ii) Cat.B Cubicle Type


Each 1.00

[Link]. DESCRIPTION OF ITEMS UNIT QTY. REMARKS

Signature of contractor
1 S/F/T/C suitable size 300mm Wall Fan ,complete in all respect.
Panasonic/Anchor-Make,CINDRELLA 13976, White
MR
Each 12

2 Supply and fixing of factory wired, HPF box type, flurescent tube light
fitting suitable for 1 X 40 Watt fluorescent tube complete including tube
etc. on surface complete in all respect with electronic ballast PWD 453 (I)

Each 6

3 Supply and fixing of pendent mounting having 1'X 4' size 50 to 55 watt
seamlessly intergratteds LED luminier with acrylic sheet diffuser
complete in all respect. CAT- AA
PWD 1415

Each 6

4 Supply and fixing of water tight oblong bulk head fitting of approved make
complete with prismatic glass holder, rubber gasket, G.I Guard etc.
complete in all respect. PWD 408

Each 5

Signature of contractor
GENERAL CONDITIONS OF THE CONTRACT
1.0 GENERAL

The Contract means the documents forming the tender and acceptance thereof and the
formal agreement executed between the competent authority on behalf of LNN and
the contractor, together with the documents referred to therein including these
conditions, the specifications, designs, drawings and instructions issued from time to
time by the Engineer-in-Charge and all these documents taken together, shall be
deemed to form one contract and shall be complementary to one another.

1.1 In the contract, the following expressions shall, unless the context otherwise requires,
have the meanings, hereby respectively assigned to them.

1.2 LNN hereinafter called 'LNN' propose to get the works executed as mentioned in the
Contract.

1.3 The work will be executed as per drawings “GOOD FOR CONSTRUCTION DRAWINGS” to
be released by LNN unless otherwise specified elsewhere in the tender documents.

1.4 OTHER DEFINITIONS

a) “ENGINEER-IN-CHARGE” means the E x e c u t i v e Engineer designated by LNN to


act as Engineer-in-charge of the work.

b) “WORKS OR WORK” the expression works or work shall unless there be


something either in the subject or context repugnant to such construction, be
construed and taken to mean the works by or by virtue of the contract
contracted to be executed whether temporary or permanent, and whether
original, modified, altered, substituted or additional.

c) “CONTRACTOR” The Contractor shall mean the individual, firm or company,


whether incorporated or not, undertaking the works and shall include the legal
personal representative of such individual or the persons composing such firm or
company, or the successors of such firm or company and the permitted assignees
of such individual, firm or company.

d) “DRAWINGS” mean t h e drawings referred t o in the contract document/Bill of


Quantities, specifications and any modifications of such drawings or such other
drawings as may from time to time be furnished or approved by LNN.

e) “SITE” means the lands and other places on, under, in or through which the
works are to be executed or carried out and any other lands or places provided
by LNN or used for the purpose of the agreement.

f) APPROVAL means approved i n writing including subsequent written


confirmation of previous verbal approval.

Signature of contractor
g) WRITING means any manuscript typed written or printed statement under or over
signature and/or seal as the case may be.

h) MONTH means English Calendar month, ‘Day’ means a Calendar day of 24 Hrs
each.

i) CONTRACT VALUE means the sum for which the tender is accepted as per
the letter of intent.

j) LANGUAGE A ll documents and correspondence in respect of this contract shall


be in English or Hindi Language.

l) OWNER/CLIENT means t h e B o a r d o f t h e LNN, acting through its …………… or


any other officer so nominated by him and shall include their legal successors
and permitted assignees for all. For all financial matters the decision of
…………… will be final and binding.

m) TENDER means the Contractor’s priced offer to LNN for the execution and
completion of the work and the remedying of any defects therein in
accordance with the provisions of the Contract, as accepted by the Letter of
Intent or Award letter. The word TENDER is synonymous with Bid and the
word TENDER DOCUMENTS with “Bidding Documents” or “offer documents”.

n) The headings in the clauses/ conditions of tender documents are for


convenience only and shall not be used for interpretation of the clause/
condition.

o) Words imparting the singular meaning only also include the plurals and
vice-versa where the context r e q u i r e s . Words importing persons or parties
shall include f i r m s and Boards and organizations having legal capacities.

2.0 SITE VISIT AND COLLECTING LOCAL INFORMATION

Before tendering, the bidders are advised to visit the site, its surroundings to assess
and satisfy themselves about the local conditions such as the working and other
constraints at site, approach roads to the site, availability of water & power
supply, application of taxes, duties, ceases and levies as applicable, nature of
ground, soil and sub-soil condition, underground water table level,
accommodations they may require etc., & any other relevant information required
by them to execute complete scope of work. The bidders may obtain all necessary
information as to risks, weather conditions, contingencies & the circumstances
(insurgencies etc.) which may influence or affect their tender prices. B idder shall be
deemed to have considered site conditions whether he has inspected it or not and to
have satisfied himself in all respect before quoting his rates and no claim or extra
charges whatsoever in this regard shall be entertained/payable by the LNN at a later
date.

3. The bidder/Supplier shall essentially be

a) An Original Equipment Manufacturer


Signature of contractor
or

b) An Authorised Agent of the OEM having running business in the tendered item with good
business track record. The bidder in proof of he being an OEM / Authorised Agent shall submit
authenticated documentary evidence in this regard. The proof submitted earlier in some other
context shall not be treated as valid and sufficient.

4. The tenders (also called bids), not submitted in prescribed format or in the prescribed manner,
shall be rejected by the Tender Committee at the risk and responsibility of the bidder.

5. All the information as called for in the tender document should be submitted truly clearly,
legibly, transparently, unambiguously and without the use of abbreviations. It shall be submitted
in English.

6. All the crucial figures, like rates and amount should be written in figures followed by words in a
bracket.

7. There shall be no over-writing in the tender document and other papers submitted. All the
additions, alterations, deletions and cuttings should be initialled with rubber stamp (or seal) by the
same person, who signs the tender document failing so, the tender may be rejected.

[Link] the rates and amounts shall be quoted in Indian Rupees(IR) and shall be presumed to be in
Indian Rupees unless specifically permitted to be quoted otherwise in this tender document.
However an OEM located outside the country may quote its price in the Currency of the country to
which he belongs but the same shall be converted to INR at the exchange rate prevailing on the
date of opening of Tender and the same will be binding on both parties.

9. Each page of this tender document should be signed by the bidder with seal in token of having
read, understood and accepted the terms and conditions of this contract.

10. Each bidder is required to deposit an earnest money (EMD) of Rs.1,40,000/(Rupees One lac
forty thousand only) in form of Bank Draft drawn from a nationalized Bank in favour of "Nagar
Ayukta, Nagar Nigam Lucknow, payable at Lucknow. The earnest money for the unsuccessful
bidder shall be returned on finalization of the tender without any interest.

11. The bidder should submit the tender in three separate envelop covering

i. EMD

ii. technical bid,

iii. commercial bid and

Respectively, giving full details with supporting documents as required for technical bid. Tenders
giving insufficient particulars are liable to be rejected.

12. The Technical bid envelope should contain the technical details about the bidder, such as
document showing manufacturer, office address, contract person, telephone / fax numbers,
service network available inside India, Construction team and equipment details , Operations
Team, Maintenance support etc., terms and conditions of supply, warranty and payment mode,

Signature of contractor
etc. and the specification of the items offered with forwarding documents. The envelop should
be sealed and super-scripted with "TECHNICAL BID".

13. The bidder may be required to make a live demonstration of their quoted product supplied to
any major customer at their own cost to 2-3 designated technical officials of LNN.

14. The bidder should submit the Commercial Bid in a separate sealed envelope containing item
wise unit value and its total value offered. The envelope should be sealed and superscripted
"COMMERCIAL BID". This envelope will be opened in the presence of agency's representative (one
per agency) for only those agencies who have been found technically acceptable. The price shall
include all taxes, cost of supply, installation, commissioning and maintenance for 5 years from the
date of installation at the site.

15. The prices quoted should be firm and inclusive of all duties like VAT, entry tax, excise entry tax
and any other taxes / levies.

16. The NNL reserves the right to reject any or all of the tenders without assigning any reasons.

17. The rates, finalized through this tender, will be operative for a period of Work .

18. The submission of more than one tender by the same agency under different name is
prohibited. Such tenders shall be rejected and no representation or correspondence shall be
entertained with the vendors.

19. The successful bidder will have to rectify any defects during the warranty free of cost within 72
hours of receipt of complaint failing which a penalty at the rate of 0.5% of the cost of equipment
will be charged per week or its fraction from the bidder.

20. The successful bidder should deliver all the goods in good condition within 60 days of issue of
the purchase order. Delay in supply in the part of the supplier shall be treated as delayed in the
delivery of the goods.A penalty @0.5% of the material cost will be charged per week of part
thereof. For any delay of delivery of materials beyond 60 days of issue of purchase order, the
purchaser reserves the right to cancel the order.

21. The materials shall conform to National I International standard as applicable.

22. The bidder shall submit along with this tender document a list of names, complete addresses.
Telephone/FAX numbers of the customers to whom, the items, for which the bid has been
submitted, have been supplied and installed in last three years, A clear unambiguous statement
shall be made if an item has not been sold anywhere in India so far.

23. The working of the equipment shall be demonstrated successfully and expenses incurred on
demonstration shall be borne by the supplier.

24 Performance security: The successful bidder shall have to enter into an agreement with the
tender calling authority for successful completion of construction, supply & installation of the
tendered items after proper inspection within stipulated period and also for performance
warrantee of the items from the date of supply/ installation up to a period of 5 (Five) years. In this
regard the bidder has to furnish the security deposit at the rate of 5% of the total amount of the
Work excluding all taxes in the form of NSC/Post Office Savings Bank A/c /FDR/ Bank Guarantee
from any nationalised bank duly pledged in favour of Tender Calling Authority.
Signature of contractor
3.0 Scope
It is proposed to develop simulator House in traffic park to house two vehicle simulators one LMV
and One HMV on motion platforms all complete.

Sr. no. Item Quantity

1 Tensile fabric & structure all complete As per drawings

2 Structural Glazing Works with proper As per drawings


ventilation all complete

3 Civil Works As per BOQ

4 Electrical Works As per BOQ

3.1 Carrying out additional survey if required as confirmatory soil testing to ascertain safe
bearing capacity of soil for foundation of the building.

4.0 VALIDITY OF TENDER

The tender for the works shall remain open for acceptance for a period of 120 days
from the date of opening of Price Bid of tenders. The earnest money will be forfeited
without any prejudice to any right or remedy, in case the contractor withdraws his
t e n d e r during the validity period or in case he changes his offer to his benefit
which i s not acceptable to LNN. The validity period may be extended on mutual
consent.

5.0 ACCEPTANCE OF TENDER

The LNN reserves to itself the authority to reject any or all the tenders received
without assigning any reason. The acceptance of a tender shall be effective w.e.f. the
date on which the letter of intent of acceptance of the tender is put in the
communication by the LNN. LNN also reserves the right to split the work among two
or more parties at lowest negotiated rate without assigning any reason thereof. The
contractor is bound to accept the portion of work as offered by LNN after split up at
the quoted/ negotiated rates.

8.0 MOBILIZATION ADVANCE


Signature of contractor
8.1 LNN will make mobilization advance to the Contractor at 12% simple interest exclusively
for the costs of mobilization in respect of the works up to an amount equivalent to 10 (Ten)
percent of the Contract Price and equipment advance up-to 75%/ cost of new equipment
brought to the site subject to maximum 5% of the contract value named in the Letter of
Acceptance. Payment of such advance amount will be due under separate certification by
the Engineer In-charge after

(i) Execution of the Form of Agreement by the parties hereto;

(ii) Submission by the Contractor of the performance security in accordance with


Clause 9; and

(iii) Submission by the Contractor of an unconditional bank guarantee in the prescribed


form (given below) and by a bank acceptable to the LNN in amount 1.2 times of any
advance payment made under this clause. Such Bank Guarantee shall remain
effective till date of completion of work, until the advance payment has been
repaid pursuant to sub clause 8.2 below, but the amount there of shall be
progressively reduced in accordance with the value of bank guarantee furnished by
the Contractor and the amount repaid by him as indicated in Interim Payment
Certificates issued in accordance with this Clause.

8.2 The advance payment under sub clause 8.1 above shall be repaid through percentage
deductions from the interim payments certified by the LNN in accordance with this Clause.
Deductions shall commence in the next Interim Payment Certificate either following that in
which the total of all interim payment certified to the Contractor has reached 10 (Ten)
percent of the Contract Price or after 2 months from the date of commencement
whichever period concludes earlier and shall be made at the rate of 10(Ten) percent of the
amount of all Interim Payment made under clause-8.1. Certificate until such time as the
advance payment has been repaid; always provided that the advance payment shall be
completely repaid in 22 months time period. If in case, the complete advance could not be
repaid in 22 months time period through Interim Payment Certificates, then the BG
provided against mobilization advance will be encashed without any notice to the
contractor and the amount after adjusting against balance mobilization advance, will be
given back to the contractor. Provided further that repayment of advance can be made
prior to the above schedule at the option of the Contractor.

8.3 The advance shall be used by the Contractor exclusively for mobilization expenditures,
including the acquisition of new Construction equipment s, in connection with the Works.
All withdrawals under Mobilization advance if the Contractor misappropriate any portion
of the advance , it shall become due and payable immediately, and no further advance will
be made to the Contractor thereafter. The term “misappropriate” in the above context
would mean include, renewal of or transfer of any of the mobilization advance so drawn
for investment outside the project account. The contractor will submit a utilization
certificate specifying the usage of the sums so drawn have been put to, supported by
complete documentary evidence within 3 months from the date of release of such
advance.

9.0 PERFORMANCE SECURITY

Signature of contractor
Within thirty (30) days from the issue of letter of award or which such extended time as
may be granted by LNN in writing, the contractor shall submit to LNN a performance bank
guarantee in the form appended, from any Nationalized Bank equivalent to 5% (Five percent only)
of the contract value for the due and proper execution of the Contract at the time of signing of
contract. In case the contractor fails to submit the performance guarantee of the requisite
amount within the stipulated period or extended period, letter of intent automatically will stand
withdrawn and EMD of the contractor shall be forfeited. No payment shall be released to the
contractor till the performance guarantee is submitted. Performance guarantee shall be
returned after completion of defect liability period, after issue of defect liability certificate

10.0 SECURITY DEPOSIT/ RETENTION MONEY

The Security deposit or the retention money shall be deducted from each running bill of
the contractor @ 5% (five percent only) of the gross value of the Running account bill
subject to maximum of 5% of contract value. After completion of 50% of project work the
amount of Security Deposit can be replaced by the contractor by submission of Bank
Guarantee of equivalent amount from a Nationalized Bank in the prescribed Proforma of
LNN. The security deposit or retention money shall be refunded to the contractor in two
parts i.e. 50% on issue of completion certificate by the competent authority and balance
50% after issue of defects liability certificate and after compilation of provision given in
the clause 28.1 & 34 or on payment of the amount of the final bill whichever is later.

11.0 MOBILIZATION OF MEN, MATERIALS AND MACHINERY:

11.1 All expenses towards mobilization at site and de-mobilization including bringing in
equipment, work force, materials, dismantling the equipments, clearing the site etc.
shall be deemed to be included in prices quoted and no separate payment on
account of such expenses shall be entertained.

11 .2 It shall be entirely the Contractor’s responsibility to provide, operate and maintain


all necessary construction equipments, scaffolding’s and safety, gadget, lifting
tackles, tools and appliances to perform the work in a workman like and efficient
manner and complete all jobs as per the specifications and within the schedule time of
completion of work. Further, contractor shall also be responsible for obtaining temporary
electric and water connection for all purposes. The contractor shall also make standby
arrangement for water & electricity to ensure un-interrupted supply.

11.3 The procurement and supply in sequence and at the appropriate time of all
materials and consumable shall be entirely the contractor’s responsibilities and his
rates for execution of work shall be inclusive of supply of all these items.

11.4 It is mandatory for the contractor to provide s a f e t y equipment s and gadgets to its
all workers, supervisory and Technical staff engaged in the execution of the work while
working. The minimum requirement (but not limited to) shall be gum boots, safety
helmets, Rubber hand gloves, face masks, safety nets, belts, goggles etc. as per work
requirements. Sufficient nos. of these equipment s and gadgets shall also be provided
to LNN by the contractor at his own cost for use of LNN Officials and/ or workforce
while working/ supervision at site. No staff/ worker shall be allowed to enter the site
without these equipment s/ gadgets.
Signature of contractor
11.5 The cost of the above equipments/ gadgets are deemed to be included in the rates
quoted by the contractor for the items & works as per Bill of Quantities and
contractor shall not be entitled for any extra cost in these regard. The above norm is
to be strictly complied with at site. In case the contractor is found to be deficient in
providing Safety Equipments/ Gadgets in the opinion of Engineer-in-charge, the
Engineer-in-charge at his option can procure the same at the risk & cost of contractor
and provide the same for the use of work site and shall make the recoveries from
the bills of the contractor for the same. The decision of the Engineer-in-charge shall be
final and binding on contractor in this regard.

11.6 All designs, drawings, AOW, etc., except Bar Bending Schedule, Shop & Fabrication
drawings, for all works shall be supplied to the contractor for all buildings services along
with the tender documents. For development works, drawings will be supplied in phased
manner as the works progress. However it shall be the duty and responsibility of the
contractor to bring to the notice of the LNN in writing as to any variation, discrepancy
or any other changes required and to obtain revised drawings and designs and / or
approval of the LNN in writing for the same.

11.7 One copy of contract documents including drawings furnished to the contractor shall be
kept at the site and the same shall at all reasonable times be available for inspection.

11.8 All materials, construction plants and equipments etc. once brought by the contractor
within the project area, will not be allowed to be removed from the premises without the
written permission of the LNN. Similarly all enabling works built by the contractor for the
main construction undertaken by him, shall not be dismantled and removed without the
written authority of the LNN.

11.9 Contractor shall have to prepare the Bar Bending Schedule, shop and fabrication
drawings free of cost, if required for any of the items of work. Five copies of these
drawings each including for revision will be submitted to LNN for approval. Before
executing the item, shop drawings should be approved by LNN.

12.0 INCOME TAX DEDUCTION

Income tax deductions shall be made from all payments made to the contractor including
advances against work done, as per the rules and regulations in force, in accordance with
the Income Tax act prevailing from time to time.

13.0 TAXES AND DUTIES

13.1 The contractor shall be responsible for the payment, wherever payable, at his own cost
of all taxes, such as excise duty, custom duty, sales tax, Value Added Tax, Royalty
including the purchase tax, consignment tax, work contract tax, service tax or any other
similar tax in the state concerned, turnover tax, toll tax, octroi charges, royalty, labor
cases, levy and other taxes or duties which may be specified by local / state/ central
government from time to time on all material articles which may be used for this work.
The rates quoted by him in the tender for buildup area and in bill of quantities shall be
inclusive of all taxes, duties etc.

Signature of contractor
The imposition of any new and / or increase in the aforesaid taxes, duties levies (including
fresh imposition of any other Tax) during the currency of the contract shall be borne by
contractor. In the event of non- payment / default in payment of any of the above taxes,
LNN reserves the right to with-hold the dues / payments of contractor and make payment
to local/state/Central Government authorities or to labourers as may be applicable.

13.2 The rate quoted by the contractor shall be deemed to be inclusive of all taxes as given in
para 13.1. Tax deductions at source shall be made as per laws prevalent in the State.

13.3 The stamp duty and registration charges, if any, on the contract agreement levied by the
Government or any other statutory body, shall be paid by the contractor.

13.4 It will be incumbent upon the Contractor to obtain a registration certificate as a dealer
under the Local Sales Tax Act / VAT and the Central Sales Tax Act and necessary evidence
to this effect shall be furnished by the Contractor to LNN. Sales Tax / VAT on the
transactions between the contractor and his sub- contractor / Vendors etc. shall not be
reimbursed by LNN.

13.5 The bidder shall quote his rates inclusive of Turnover Tax / Sales Tax on Works Contract /
VAT payable to State Govt. along-with other taxes, duties, levies etc. in conjunction with
other terms and conditions. In case, the Turnover Tax/ Sales Tax on Works contract on
execution of works is waived off by the State Govt. at later stage for this project, the
equivalent amount from the date of waiver of such tax (as per prevailing rate as on the
date of waiver of Turnover Tax/ Sales Tax on Works Contract/ VAT) shall be deducted
from the amount payable to the contractor from subsequent RA bills.

13.6 VALUE ADDEDTAX(VAT)

The contractor shall comply with all the provisions of VAT in the State. The VAT shall be
deducted from each running bill of the contractor at the prevailing rate in the state. The
deducted amount towards VAT will be deposited with the concerned authority by the
LNN.

13.7 SERVICE TAX

Rates are inclusive of service Tax.

14.0 ROYALTY ON MATERIALS:

The contractor shall deposit royalty and obtain necessary permit from the local
authorities and quoted rates shall be inclusive of royalty.( If any)

15.0 RATES TO BE FIRM

15.1 Rate must be quoted lump-sum on turnkey basis expressed in Rs per unit noted in the bill
of quantities against all items attached for this purpose. The rates quoted by the tenderer
shall be firm and fixed for the entire period of completion including extended period if any
and till handing over of the work. No revision to rates shall be allowed on account of any
increase in prices of materials, labour, POL and Overheads etc or any other statutory
increase during the entire contract period or extended contract period.

Signature of contractor
15.2 The contractor shall be deemed to have inspected the site, its surrounding and
acquainted itself with the nature of the ground, accessibility of the site and full extent and
nature of all operations necessary for the full and proper execution of the contract, space
for storage of materials, constructional plant, temporary works, restrictions on the plying
of heavy vehicles in area, supply and use of labour, materials, plant, equipment and laws,
rules and regulations, if any, imposed by the local authorities.

15.3 The rates and prices to be tendered in the AOW and bill of quantities are for completed
and finished items of works and complete in all respects. It will be deemed to include all
constructional plant, labor, supervision, materials, transport, all temporary works,
erection, maintenance, contractor’s profit and establishment/ overheads, shop drawing,
fabrication drawing (if required), stacking yard, etc. all general risk, taxes, royalty, duties,
cess, octroi and other levies, insurance liabilities and obligations set out or implied in the
tender documents and contract.

16.0 ESCALATION

No price escalation shall be provided to Agencies.

18.0 INSURANCE UNDER WORKMEN COMPENSATION ACT

Contractor is required to take insurance cover under the Workman Compensation Act,
1923 amended from time to time from an approved insurance company and pay
premium charges thereof. Wherever required by LNN the contractor shall produce the
policy or the policies of Insurance and the receipt of payment of the current premiums.

19.0 THIRD PARTY INSURANCE

Contractor is required to take third party insurance cover for an amount of 5% (five
percent) of contract value from an approved insurance company for insurance against
any damage, injury or loss which may occur to any person or property including that of
LNN, arising out of the execution of the works or temporary works. Wherever required
by LNN the contractor shall produce the policy or the policies of Insurance and the receipt
of payment of the current premiums.

In case of failure of the contractor to obtain contractors all risk policy, insurance under
workman compensation act and third party insurance as described above within one
month from the date of commencement of work, running account payments of the
contractor shall be withheld till such time the aforesaid insurance covers are obtained by
the contractor.

20.0 INDEMNITY AGAINST PATENT RIGHTS

The contractor shall fully indemnify the LNN from and against all claims and
proceedings for or on account of any infringement of any patent rights, design,
trademark or name or other protected rights in respect of any construction plant,
machine, work or material used for in connection with the works or temporary works.

21.0 LABOUR LAWS TO BE COMPLIED BY THE CONTRACTOR

Signature of contractor
The contractor shall obtain a valid license under the contract labor (R & A) Act 1970
and the contract labor Act (R&A) Central Rules 1971 and amended from time to time,
and continue to have a valid license until the completion of the work including defect
liability period. The contractor shall also abide by the provision of the child labor
(Prohibition and Regulation) Act.1986 and amended from time to time. Any failure to
fulfill this requirement shall attract the penal provisions of this contract arising out the
resultant for non execution of the work before the commencement of work.

21.1 No labor below the age of 18 years shall be employed on the work.

22.0 LABOUR SAFETY PROVISION

The contractor shall be fully responsible to observe the labour safety provisions.

23.0 OBSERVANCE OF LABOUR LAWS

23.1 The contractor shall be fully responsible for observance of all labor laws applicable
including local laws and other laws applicable in this matter and shall Indemnify and
keep indemnified LNN against effect or non observance of any such laws. The
contractor shall be liable to make payment to all its employees, workers a n d
s u b -contractors and m a k e c o m p l i a n c e with labor laws. If LNN is held liable as
“Principal Employer” to pay contributions etc. under legislation of Govt. or Court decision
in respect of the employees of the contractor, then the contractor would reimburse the
amount of such payments, contribution etc. to LNN and/ or same shall be deducted
from the payments, security deposit etc. of the contractor.

24.0 LAW GOVERNING THE CONTRACT

This contract shall be governed by the Indian Laws for the time being in force.

26.0 EMPLOYMENT OF PERSONNEL

26.1 The contractor shall employ only Indian Nationals as his representatives, servants and
workmen after verifying their antecedents and loyalty. He shall ensure that no personnel
of doubtful antecedents and any other nationality in any way is associated with the
works.

26.2 The LNN shall have full power and without giving any reason to the contractor,
immediately to get removed any representative, agent, servants and workmen or
employees on account of misconduct negligence or incompetence or whose continued
employment may in his opinion be undesirable. The contractor shall not be allowed any
compensation on this account.

27.0 TECHNICAL STAFF FOR WORK

27.1 The contractor shall employ at his cost the adequate number of technical staff during the
execution of this work depending upon the requirement of work. For this purpose the
Signature of contractor
numbers to deployed, their qualification, experience as decided by LNN shall be final and
binding on contractor. The contractor shall not be entitled for any extra payment in
this regard. The technical staff should be available at site, whenever required by LNN to
take instructions.

28.0 LAND FOR LABOUR HUTS/ SITE OFFICE AND STORAGE ACCOMMODATION

28.1 The contractor shall arrange the land for temporary office, storage accommodation and
labor huts at his own cost and get the clearance of local authorities for setting up of labor
camp and same is deemed to be included in the rates quoted by the contractor for the
works.

29.0 WATCHING AND LIGHTING

The contractor shall at his own cost take all precautions to ensure safety of life and
property by providing necessary barriers, lights, watchmen etc. during the progress
of work as directed by Engineer-in-Charge.

31.0 WORKMEN’S COMPENSATION ACT

The contractor shall at all times indemnify LNN against all claims for compensation
under the provision of workmen’s compensation Act or any other law in force, for any
workmen employed by the contractor or his sub-contractor in carrying out the contract
and against all costs and expenses incurred by the LNN therewith.

32.0 MINIMUM WAGES ACT

The contractor shall comply with all the provisions of the minimum wages Act, 1948,
contract labour Act (R&A) 1970, and rules framed there under and other labor
laws/local laws affecting contract labor that may be brought into force from time to
time.

33.0 LABOUR RECORDS

The contractor shall submit by the 4th & 19th of every month to the Engineer-in-Charge
of LNN a true statement, showing in respect of the second half of the proceeding
month and the first half of the current month, respectively, of the following data
:-

a) The number of the labor employed by him (category-wise).

b) Their working hours.

c) The wages paid to them.

d) The accidents that occurred during the said fortnight showing the
circumstances under which they happened and the extent of damage and
injury caused.

Signature of contractor
e) The number of female workers who have been allowed Maternity Benefits and
the amount paid to them.

f) Any other information required by Engineer-in-Charge.

40.0 WORK TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS, ORDERS


ETC.

The contractor shall execute the whole and every part of the work in the most
substantial and workmen like manner both as regards materials and otherwise in every
respect in strict accordance with the specifications. The contractor shall also conform
exactly, fully and faithfully to the design, drawings and instructions in writing in respect
of the work assigned by the Engineer-in-Charge and the contractor shall be furnished
free of charge one copy of the contract documents together with specifications,
designs, drawings.

The contractor shall comply with the provisions of the contract and execute the works
with care and diligence and maintain the works and provide all labor and materials,
tools and plants including for measurements and supervision of all works, structural
plans and other things of temporary or permanent nature required for such execution
and maintenance in so far as the necessity for providing these is specified or is
reasonably inferred from the contract. The contractor shall take full responsibility for
adequacy, suitability and safety of all the works and methods of construction.

41.0 DIRECTION FOR WORKS

41.1 All works to be executed under the contract shall be executed under the direction
and subject to approval in all respect of the Engineer-in-Charge of LNN who shall be
entitled to direct at what point or points and in what manner works are to be
commenced and executed.

43.0 TIME SCHEDULE & PROGRESS

43.1 Time allowed for carrying out all the works shall be 4 months which shall be reckoned
from the date of handing over of the site. Time shall be the essence of the contract and
contractor shall ensure the completion of the entire work within the stipulated time of
completion.

43.2 The contractor shall also furnish within 10 days of date of letter of Intent, a CPM / PERT
chart/ Bar Chart for completion of work within stipulated time. This will be duly got
approved from LNN. This approved CPM/ PERT Chart shall form a part of the agreement.
Achievement of total completion has to be within the time period allowed.

43.5 Contractor shall submit fortnightly/ Monthly (as directed by Engineer-in-Charge) progress
reports on a format approved by Engineer-in- Charge highlighting status of various
activities and physical completion of work.

Signature of contractor
43.6 The contractor shall submit completion report with as built drawings and maintenance
schedule to the office of Engineer-in-Charge, of LNN in writing within a period of 30
days of completion of work.

44.0 WATER AND ELECTRICITY

The contractor shall make his own arrangement for Water & Electrical power for
construction and other purposes at his own cost and pay requisite electricity and water
charges. The contractor shall also make standby arrangement for water & electricity to
ensure un-interrupted supply.

48.0 INDIAN STANDARDS

Wherever any reference is made to any IS in any particular specifications, drawings or


bill of quantities, it means the Indian Standards editions with the amendments current
at the last date of receipt of tender documents.

52.0 MATERIALS AND SAMPLES

52.1 The materials/ products used on the works shall be one o f the approved make/
brands out of list of manufacturers/ brands/ makes given in the tender documents. The
contractor shall submit samples/ specimens out of approved makes of materials/
products to the A r c h i t e c t / Engineer-in-Charge for prior approval. In exceptional
circumstances Architect / Engineer-in-Charge may allow alternate equivalent makes/
brands of products/ materials at his sole discretion. The final choice of brand/ make shall
remain with the Architect / Engineer-in-Charge, whose decision in this matter shall be
final and binding and nothing extra on this account shall be payable to the Contractor.

In case single brand/ make is mentioned, other equivalent makes/ brands may be
considered by the Architect /Engineer-in-Charge with prior approval. In case of
variance in UPPWD/BIS Specifications from approved products/ makes specification, the
specification of approved product/ make shall prevail for which nothing shall be paid
extra to the Contractor.

In case no make or brand of any materials, articles, fittings and accessories etc. is
specified, the same shall comply with the relevant Indian Standard Specifications and
shall bear the ISI/BIS mark. The Architect/Engineer of LNN and the owner shall have
the discretion to check quality of materials and equipment s to be incorporated in the
work, at source of supply or site of work and even after in in the work. They shall
also have the discretion to check the workmanship of various items of work to be
executed in this work. The contractor shall provide the necessary facilities and
assistance for this purpose.

52.2 The above provisions shall not absolve the contractor from the quality of final
product and in getting the material and workmanship quality checked and approved
from the A r c h i t e c t / Engineer-in-Charge of LNN.

Signature of contractor
52.3 The contractor shall well in advance; produce samples of all materials, articles, fittings,
accessories etc. that he proposes to use and get them approved in writing by LNN.
The materials/ articles etc. as approved shall be labeled as such and shall be signed by
LNN and the Contractor’s representative.

52.4 The approved samples shall be kept in the custody of the Engineer- in-Charge of LNN till
completion of the work. Thereafter the samples except those destroyed during testing
shall be returned to the contractor. No payment will be made to the contractor for the
samples or samples destroyed in testing.

52.5 The brands of all materials, articles fittings etc. approved together with the
names of the manufacturers and firms from which supplies have been arranged shall
be recorded in the site order book.

52.6 All test shall be carried out in the presence of LNN’s representative. All costs towards
samples, materials, collection, tr ansport , manpower, testing etc. shall be borne by the
Contractor and are deemed to be included in the rates quoted by him in the bill of
quantities.

53.0 TESTS AND INSPECTION

53.1 The contractor shall carry out the various mandatory tests as per specifications and
the technical documents that will be furnished to him during the performance of the
work.

All the tests on materials, as recommended by UPPWD, MOST and relevant Indian
Standard Codes or other standard specifications (including all amendments current at
the last date of submission of tender documents) shall be got carried out by the
contractor at the field testing laboratory or any other recognized institution/
laboratory, at the direction of the LNN. All testing charges, expenses etc. shall be
borne by the contractor.

All the tests, either on the field or outside laboratories concerning the execution of
the work and supply of materials shall be got carried out by the contractor or
LNN at the cost of the Contractor.

56.0 CARE OF WORKS

From the commencement to the completion of works and handing over, the contractor
shall take full responsibility for care thereof all the works and in case of any damage/loss
to the works or to any part thereof or to any temporary works due to lack of Precautions
or due to negligence on part of Contractor, the same shall be made good by the
Contractor.

58.0 FORECLOSURE OF CONTRACT DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF


WORK.

If at any time after the commencement of the work the LNN shall for any reason
whatsoever is required to abandon the work or is not require the whole work thereof as
Signature of contractor
specified in the tender to be carried out, the Engineer-in-Charge shall give notice in
writing of the fact to the contractor, who shall have no claim to any payment of
compensation whatsoever on account of any profit or advantage which he might have
derived from the execution of the work in full, but which he did not derive in
consequence of the full amount of the work not having been carried out or foreclosure,
neither shall he have any claim for compensation by reason of any alterations having
been made in the original specifications, drawings, designs and instructions which shall
involve any curtailment of the work as originally contemplated.

Provided that the contractor shall be paid the charges on the cartage only of materials
actually and bonafide brought to the site of the work by the contractor and rendered
surplus as a result of the abandonment or curtailment of the work or any portion thereof
and then taken back by the contractor, provided however, that the Engineer-in-Charge
shall have in all such cases the option of taking over all or any such materials at their
purchase price or at local current rates whichever may be less. In the case of such stores
having been issued by LNN and returned by the Contractor to LNN, credit will be given to
him by the Engineer-in-Charge at rates not exceeding those at which they were originally
issued to him after taking into consideration any deduction for claims on account of any
deterioration or damage while in the custody of the contractor and in this respect the
decision of the Engineer-in-Charge shall be final.

59.0 RESTRICTION ON SUBLETTING

59.1 The contractor shall not sublet or assign the whole or part of the works except where
otherwise provided, by the contract and even then only with the prior written
consent of the LNN and such consent if given shall not relieve the contractor from
any liability or obligation under the contract and he shall be responsible for the acts,
defaults or neglects of any sub-contractor, his agents, servants or workman as full as if
they were the acts, defaults or neglects of the contractor, his agent, servants or
workman provided always that the provision of labor on piece work basis shall not be
deemed to be a subletting under this clause.

61.0 CO-ORDINATION WITH OTHER AGENCIES

Work shall be carried out in such a manner that the work of other Agencies
operating at the site is not hampered due to any action of the Contractor. Proper
Co-ordination with other Agencies will be Contractor’s responsibility. In case of any
dispute the decision of LNN shall be final and binding on the contractor. No claim
whatsoever shall be admissible on this account.

67.0 SET-OFF OF CONTRACTOR’S LIABILITIES

LNN shall have the right to deduct or set off the expenses incurred or likely to be
incurred by it in rectifying the defects and/or any claim under this agreement against
the Contractor from any or against any amount payable to the contractor under this
agreement including security deposit and proceeds of performance guarantee

72.0 COMPENSATION F O R DELAY AND REMEDIES

Signature of contractor
72.1 If the contractor fails to maintain the required progress to complete the work and
clear the site on or before the contract or extended date of completion, he shall,
without prejudice to any other right or remedy available under the law to the LNN
on account of such breach, pay as agreed compensation the amount calculated at
the rates stipulated below or such smaller amount as the Engineer in charge
(whose decision in writing shall be final and binding) may decide on the amount of
tendered value of the work for every completed day / week (as applicable) that the
progress remains below that specified in Clause 72.4.1 or the relevant clause in
Special Conditions of Contract or that the work remains incomplete.

i) Completion period (as originally stipulated)

not exceeding 3 month @ 1% per day

ii) Completion period (as originally stipulated)

exceeding 3 months @ 1% per week

Provided always that the total amount of compensation for delay to be paid under
this Condition shall not exceed 10% of the Tendered Value of work or of the
Tendered Value of the item or group of items of work for which a separate period of
completion is originally given.

The amount of compensation may be adjusted or set-off against any sum payable to
the Contractor under this or any other contract with LNN.

72.2 CANCELLATION / DETERMINATION OF CONTRACT IN FULL OR PART

Subject to other provisions contained in this clause the Engineer-in-Charge may,


without prejudice to his any other rights or remedy against the contractor in respect
of any delay, inferior workmanship, any claims for damages and / or any other
provisions of this contract or otherwise, and whether the date of completion has or
has not elapsed, by notice in writing absolutely determine the contract in any of the
following cases:

i) If the contractor fails to complete the work within the stipulated date or items
of work with individual date of completion, if any stipulated, on or before
such date(s) of completion and does not complete them within the period
specified in a notice given in writing in that behalf by the Engineer-in-Charge;
or

ii) If the contractor shall offer or give or agree to give to any person in LNN service
or to any other person on his behalf any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or
forborne to do any action relation to the obtaining or execution of this or any
other contract for LNN; or

iii) If the contractor shall enter into a contract with LNN in connection with which
commission has been paid or agreed to be paid by him or to his knowledge,

Signature of contractor
unless the particulars of any such commission and the terms of payment
thereof have been previously disclosed in writing to the Engineer-in-Charge; or

iv) If the contractor shall obtain a contract with LNN as a result of wrong
tendering or other non-bona-fide methods of competitive tendering; or

v) If the contractor being an individual, or if a firm, any partner thereof shall at


any time be adjudged insolvent or have a receiving order or order for
administrative of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary liquidation for the purpose of
amalgamation or reconstruction) under any Insolvency Act for the time being in
force or make any conveyance or assignment of his effects or composition or
arrangement for the benefit of his creditors or purport so to do, or if any
application be made under any Insolvency Act for the time being in force for the
sequestration of his estate or if a trust deed be executed by him for benefit of
his creditors; or

vi) If the contractor being a company, shall pass a resolution or the Court shall
make an order for the winding up of the company, or a receiver or manager
on behalf of the debenture holders or otherwise shall be appointed or
circumstances shall arise which entitle the Court or debenture holders to
appoint a receiver or manager; or

vii) If the contractor shall suffer an execution being levied on his goods and
allow it to be continued for a period of 21 days; or

viii) If the contractor assigns, transfers, sublets (engagement of labor on a


piece-work basis or of the labor with materials not to be incorporated in the
work, shall not be deemed to be subletting) or otherwise parts with or
attempts to assign, transfer sublet or otherwise parts with the entire works or
any portion thereof without and prior written approval of the
Engineer-in-Charge.

When the contractor has made himself liable for action under any of the cases
aforesaid, the Engineer-in-Charge may without prejudice to any other right or
remedy which shall have accrued or shall accrue hereafter to LNN, by a notice in
writing to cancel the contract as a whole or only such items of work in default
from the Contract.

72.3 CONTRACTOR LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT TAKEN

In any case in which any of the powers conferred upon the Engineer-in-Charge by
relevant clause thereof, shall have become exercisable and the same are not
exercised, the non-exercise thereof shall not constitute a waiver of any of the
conditions hereof and such powers shall notwithstanding be exercisable in the event
of any future case of default by the contractor and the liability of the contractor for
compensation shall remain unaffected. In the event of the Engineer-in-Charge putting
in force all or any of the powers vested in him under the preceding clause he may, if
he so desires after giving a notice in writing to the contractor, take possession of (or
Signature of contractor
at the sole discretion of the Engineer-in-Charge which shall be final and binding on
the contractor) use as on hire (the amount of the hire money being also in the final
determination of the Engineer-in-Charge) all or any tools, plant, materials and
stores, in or upon the works, or the site thereof belonging to the contractor, or
procured by the contractor and intended to the used for the execution of the work /
or any part thereof, paying or allowing for the same in account at the contract
rates, or in the case of these not being applicable, at current market rates to be
certified by the Engineer-in-Charge, whose certificate thereof shall be final, and
binding on the contractor and/or direct the contractor, clerk of the works, foreman
or other authorized agent to remove such tools, plant, materials, or stores from the
premises (within a time to be specified in such notice) in the event of the contractor
failing to comply with any such requisition, the Engineer-in-Charge may remove
them at the contractor’s expense or sell them by auction or private sale on account
of the contractor and his risk in all respects and the certificate of the
Engineer-in-Charge as to the expenses of any such removal and the amount of the
proceeds and expenses of any such sale shall be final and conclusive against the
contractor.

72.4 TIME ESSENCE OF CONTRACT & EXTENSION FOR DELAY

The time allowed for execution of the Works as specified in the terms of contract or
the extended time in accordance with these conditions shall be the essence of the
contract. The execution of the works shall commence within 30th day or such time
period as mentioned in the letter of award after the date on which the
Engineer-in-Charge issues written orders to commence the work. If the Contractor
commits default in commencing the execution of the work as aforesaid, the
Executing Agency shall without prejudice to any other right or remedy available in
law, be at liberty to forfeit the earnest money absolutely.

72.4.1 Within 10 (Ten) days of Letter of Intent, the Contractor shall submit a Time
and Progress Chart (CPM/ PERT/ Quantified Bar Chart) and get it approved by the
Engineer-in-Charge. The Chart shall be prepared in direct relation to the time stated
in the contract documents for completion of items of the works. It shall indicate the
forecast of the dates of commencement and completion of various items, trades,
sections of the work and may be amended as necessary by agreement between the
Engineer-in-Charge and the Contractor within the limitations of time stipulated in
the Contract documents, and further to ensure good progress during the
execution of the work, the contractor shall in all cases in which the time allowed for
any work exceeds one month (save for special jobs for which a separate program has
been agreed upon) complete 1/8th of the whole of work before 1/4th of the whole
time allowed in the contract has elapsed, 3/8th of the work before one half of such
time has elapsed and 3/4th of the work before 3/4th of such time has elapsed. The
physical report including photographs shall be submitted by the contractor on the
prescribed format & the intervals (not exceeding a month) as decided by the
Engineer in Charge. The compensation for delay as per clause 72.1 shall be
leviable at intermediate stages also, in case the required progress is not achieved
to meet the above time deadlines of the completion period and progress chart,
Signature of contractor
provided always that the total amount of Compensation for delay to be paid
under this condition shall not exceed 10% of the tendered value of work”.

72.4.2 If the work(s) be delayed by:

i) force-majeure or

ii) abnormally bad weather, or

iii) serious loss or damage by fire, or

iv) civil commotion of workmen, strike or lockout, affecting any or the trades
employed on the work, or

v) delay on the part of other contractors or tradesmen engaged by


Engineer-in-Charge in executing work not forming part of the Contract, or

vi) any other cause which, in the absolute discretion of the LNN, is beyond the
Contractor’s control, then upon the happening of any such event causing
delay, the Contractor shall immediately give notice thereof in writing to the
Engineer-in-Charge but shall nevertheless use constantly his best endeavors to
prevent or make good the delay and shall do all that may be reasonably
required to the satisfaction of the Engineer-in-Charge to proceed with the
works.

72.4.3 Request for extension of time, to be eligible for consideration, shall be made by the
Contractor in writing within fourteen days of the happening of the event causing
delay on the prescribed form. The Contractor may also, if practicable, indicate in
such a request the period for which extension is desired.

74.0 DEFECTS LIABILITY PERIOD

The contractor shall be responsible for the rectification of defects in the works for a
period twelve months from the date of taking over of the works by the LNN. Any
defects discovered and brought to the notice of the contractor forthwith shall be
attended to and rectified by him at his own cost and expense. The defect liability
certificate (DLC) will be issued by the Engineer-in-charge on successful rectification of
all defects. However, in case the contractor fails to carry out these rectifications, the
same may without prejudice to any other right or remedy available, be got rectified
by LNN at the cost and expense of the contractor and cost of such rectifications, as
decided by the Engineer –in-charge, which will be final and binding, shall be deducted
from the contractor’s due amount.

75.0 FORCE MAJEURE

Any delay in or failure of the performance of either party hereto shall not constitute
default here under to give rise to any claims for damages, if any to the Extent such
delay or failure of performance is caused by occurrences such as acts of God or the
public enemy, expropriation, compliance with any order or request of Government
authorities, acts of war, r e b e l l i o n s , sabotage fire, floods, i l l e g a l strikes, or riots
(other than contractor’s employees). Only extension of time shall be considered for
Signature of contractor
Force Majeure conditions as accepted by LNN. No adjustment in contract price shall
be allowed for reasons of force majeure.

76.0 ARBITRATION

(a) Protest

If the Contractor considers any work demanded of him to be outside the requirement
of contract or considers any record or ruling of the Engineer-in-Charge or of his
subordinates be unfair, he shall immediately upon such work being demanded or such
record or ruling being made ,ask in writing for written instructions or decisions,
whereupon he shall proceed without delay to perform the work or conform to the
procedure or ruling and within twenty days after date of receipt of the written
instructions or decision he shall file a written protest with the Engineer-in-Charge
stating clearly in detail the basis of his objections. Except for such protests or
objections as are made on record in the manner herein specified, and within the time
limit, stated the recorded rulings instructions or decisions of the Engineer-in-Charge
shall be final conclusive. Instructions and/or decisions of the Engineer-in-Charge
contained in letters transmitting drawings to the Contractor shall be considered as
written instructions or decisions subject to protest or objection as wherein provided.

(b) If the Contractor is dissatisfied with the final decision of the Engineer-in-Charge in
pursuance of Clause 76 (a), the Contractor may within twenty eight days after receiving
notice of such decision give notice in writing requiring that the matter be submitted to
arbitration and furnishing detailed particulars of the dispute or difference specifying
clearly the point at the issue. If the Contractor fails to give such notice within the
period of twenty eight days as stipulated above, the decision of the Engineer-in-Charge
shall be conclusive and binding on the Contractor.

( c) Except where otherwise provided in the contract, all questions and disputes
relating to the meaning of the specifications, design, drawings and instructions herein
before mentioned and to the quality of workmanship or materials used in the work or
as to other question, claim, right or rates for extra items sanctioned and decided or not
by the competent authority under the conditions, of this contract matter or thing
whatsoever in any was arising out of or relating to the contract designs, drawings,
specifications, estimates, instructions or order on these conditions or otherwise
concerning the work of the execution of failure to execute the same whether arising
during the progress of the work or after the completion of abandonment thereof, shall
be referred to the sole arbitration of the person or persons appointed by the Managing
Director of LNN. It will be no objection to an such appointment that the arbitrator so
appointed is a Government servant that he had to deal with the matter to which
contract relates and that in the course of his duties as Government servant, he had
expressed views on all or any of the matters in disputes or differences. The arbitrator
to whom the matter is originally or subsequently referred being incapacitated to act;
the Managing Director shall appoint another person to act as arbitrator in accordance
with the term of contract. It is also a term of this contract that no person other than a
person appointed by the Managing Director of LNN as aforesaid/shall act as arbitrator
and if no any reason, that is not possible, the matter is not to be referred to the

Signature of contractor
arbitration at all. The arbitrator(s) may from time to time with consent of the parties
enlarge the time for making and publishing the award. Subject as aforesaid the
provisions of the conciliation Act, 1996 or any statutory modification or re-enactment
thereof and the rules made there under and for time being in force shall to the
arbitration proceeding under this clause. The sole arbitrators shall be appointed by the
Managing Director , LNN. All dispute between the parties to the contract arising out of
relating to the contract shall after written notice by either party to the contract to the
the Managing Director party be referred to arbitrators as above. Unless the parties
otherwise agree such reference shall not take place until after the completion, alleged
completion or abandonment of the work of the determination of the contract. The
value of arbitration shall be such a place or places as may be fixed by an arbitrator in
his/theirs sole discretion. Any suit or application for the enforcement of this arbitration
clause shall be filed in the competent court at (UP), no other court or any other district
or Pradesh or outside Uttar Pardesh shall have any jurisdiction in the matter. The
award of the arbitrator shall be final, conclusive and binding on both the parties to the
contract.

76.1 JURISDICTION

The agreement shall be executed at on non-judicial stamp paper purchased in and


the courts in Lucknow alone will have jurisdiction to deal with matters arising there
from, to the exclusion of all other courts.

77.0 SUSPENSION OF WORKS

(a) The contractor shall, on receipt of the order in writing of the Engineer-in-charge,
suspend the progress of the works or any part thereof for such time and in such
manner as the Engineer- in-charge may consider necessary for any of the
following reasons:

i) On account of any default on part of the contractor, or

ii) for proper execution of the works or part thereof for reason other than
the default of the contractor, or

iii) for safety of the works or part thereof.

The contractor shall, during such suspension, properly protect and secure the
works to the extent necessary and carry out the instructions given in that
behalf by the Engineer-in- charge.

(b) If the suspension is ordered for reasons (ii) and (iii) in sub-Para (a) above.

i) The contractor shall be entitled to an extension of the time equal to the


period of every such suspension plus 25%. No adjustment of contract price
will be allowed for reasons of such suspension.

ii) In the event of the Contractor treating the suspension as an


abandonment of the Contract by LNN, he shall have no claim to payment

Signature of contractor
of any compensation on account of any profit or advantage which he may
derived from the execution of the work in full.

83.0 CONTRACT COORDINATION PROCEDURES, COORDINATION MEETINGS AND


PROGRESS REPORTING

The Contractor shall prepare and finalize in consultation with LNN, a detailed contract
coordination procedure within 15 days from the date of issue of Letter of Intent for
the purpose of execution of the Contract.

The Contractor shall have to attend all the meetings at any place in /
Lucknow at his own cost with LNN, Owners/ Clients or Consultants of LNN/
Owner/ Client during the currency of the Contract, as and when required
and fully cooperate with such persons and agencies involved during these
discussions.

During the execution of the work, Contractor shall submit at his own cost a
detailed Monthly progress report to the Engineer-in-charge of LNN by 5th of every
month. The format of monthly progress report shall be as approved by
Engineer-in-Charge of LNN.

84.0 CONTRACT AGREEMENT

The Contractor shall enter into a Contract Agreement with the LNN within 10 days
from the date of Letter of Intent or within such extended time, as may be granted by
the LNN. The cost of stamp papers, stamp duty, registration, if applicable on the
contract, shall be borne by the Contractor. In case, the contractor does not sign the
agreement as above or start the work within 30 days of the issue of letter/ e-mail of
intent, his earnest money is liable to be forfeited and letter of intent consequently
will stand withdrawn.

85.0 MANNER OF EXECUTION OF AGREEMENT

i. The agreement as per prescribed Proforma as enclosed shall be signed at the


office of the LNN within 10 days from the date of issue of Letter of Intent. The
Contractor shall provide for signing of the Contract, appropriate Power of
Attorney and the requisite documents/materials. Unless and until a formal
contract is prepared and executed, the Letter of Intent read in conjunction with
the Bidding Documents will constitute a binding contract.

ii. The agreement will be signed in five originals and the Contractor shall be
provided with one signed original and the other four originals will be retained
by the LNN.

iii. The Contractor shall provide free of cost to the LNN all the Engineering data,
drawings and descriptive materials submitted along with the bid, in at least
Signature of contractor
three (3) copies to form an integral part of the Agreement within seven 7
days after issuing of Letter of Intent.

iv. Subsequent to signing of the Agreement, the Contractor at his own cost shall
provide to the LNN with at least five (5) true hard bound copies of
Agreement within thirty (30) days of its signing.

Signature of contractor
Appendix - 'M'

LISTS OF APPROVED BANKS

Nationalised Banks:

The BGs shall be accepted from all Nationalised Banks, and / or Scheduled banks

APPLICATION FOR EXTENSION OF TIME

(To be completed by the Contractor)

P A R T –I

1. Name of Contractor

2. Name of the work as given in the Agreement

3. Agreement No.

4. Estimated amount put to tender

5. Date of commencement work as per agreement

6. Period allowed for completion of work as per agreement

7. Date of completion stipulated as per agreement

8. Period for which extension of time has been given previously


a) E First extension vide
x Engineer-in- charge letter
t Months Days
e
n
s
ion granted

10. Period for which extension is applied for:

11. Hindrances on account of which extension is applied for with dates on which
hindrances occurred, and the period for which these are likely to last.

a) Serial No.

b) Nature of hindrance

c) Date of Occurrence

d) Period for which it is likely to last


Signature of contractor
e) Period for which extension required for this particular hindrance.

f) Over lapping period, if any, with reference to item

g) Net extension applied for

h) Remarks, if any

Total period for which extension is now applied for on account of hindrances
mentioned above …………. Month/ days.

12. Extension of time required for extra work.

13. Details of extra work and on the amount involved:

a) Total value of extra work

b) Proportionate period of extension of time based on estimated amount put to


tender on account of extra work.

14. Total extension of time required for 11 & 12

Submitted to the Engineer-in-Charges office.

SIGNATURE OF CONTRACTOR

DATE

Signature of contractor
APPLICATION FOR EXTENSION OF TIME

(PART – II)

1. Date of receipt of application from


Contractor for the work in the
Engineer-in-charge office.

2. Acknowledgment issued by Engineer-in-charge vide


his letter No dated

3. Engineer-in-charge remarks regarding hindrances


mentioned by the Contractor.

i) Serial No.

ii) Nature of hindrance

iii) Date of occurrence of hindrance

iv) Period for which hindrance, is likely to last

v) Extension of time period applied for by the contractor

vi) Over lapping period, if any, giving reference to items


which over lap

vii) Net period for which extension is recommended.

viii) Remarks as to why the hindrance


occurred and justification for extension
recommended.

4. Engineer-in-charge recommendations.

(The present progress of the work should be stated and whether the work is likely to
be completed by the date up to which extension has been applied for. If extension
of time is not recommended, what compensation is proposed to be levied under the
agreement.

SIGNATURE OF ENGINEER-IN-CHARGE

APPROVAL OF COMPETENT AUTHORITY

Signature of contractor
PROFORMA FOR EXTENSION OF TIME P A R T – III

To

NAME

ADDRESS OF THE CONTRACTOR

SUBJECT:

Dear Sir(s)

Reference your letter No dated , in connection with the grant of extension of time for
completion of the work…

The date of completion for the above mentioned work, is ……… ……………… as stipulated in the
agreement, dated …………

Extension of time for completion of the above mentioned work is granted upto ,
without prejudice to the right of the LNN to recover compensation for delay in accordance with
the provision made in the relevant Clause (s) of the said agreement dated the / /
. It is also clearly understood that the
LNN shall not consider any revision in contract price or any other compensation whatsoever
due to grant of this extension.

Provided that notwithstanding the extension hereby granted, time is and shall still continue to
be the essence of the said agreement.

Yours faithfully,

FOR LNN

Signature of contractor
(Judicial Stamp paper of appropriate value as per UP State)

PROFORMA OF BANK GUARANTEE

(FOR MOBILIZATION ADVANCE)

(Clause 8 of GCC )

To,

The Municipal Commissioner

Lucknow Nagar Nigam

T N Road , Lalbag

Lucknow

U.P 226001

(Address of submission as mentioned in “Notice Inviting Tender”)

1- In Consideration of the LNN………….. (hereinafter called “LNN” which expression shall


unless repugnant to the subject or context include his successor and assigns) having
agreed under the terms and conditions of Contract No………. dated…... made
between……... and the in connections with ….. (hereinafter called “ the said contract”) to
make at the request of the Contractor a Mobilization Advance of Rs…. for utilizing it for
the purpose of the Contract on his furnishing a guarantee acceptable to the , we
the………….Bank (hereinafter referred to the “the said Bank”) and having our registered
office at………do hereby guarantee the due recovery by the of the said advance as
provided according to the terms and conditions of the Contract. We…………..do hereby
undertake to pay the amount due and payable under this Guarantee without any demur;
merely on a demand from the stating that the amount claimed is due to the under the
said Agreement. Any such demand made on the….shall be conclusive as regards the
amount due and payable by the…under this guarantee and…..agree that the liability of
the………to pay the the amount so demanded shall be absolute and unconditional not
with standing any dispute or disputes raised by the Contractor and not with standing any
legal proceeding pending in any court or Tribunal relating thereto. However, our liability
under this Guarantee shall be restricted to an amount not exceeding Rs……….

2- We………Bank further agree that the shall be the sole judge of and as to whether the
amount claimed has fallen due to the under the said agreement or whether the said
Contractor has not utilized the said advance or any part thereof for the purpose of the
Contract and the extent of loss or damage caused to or suffered by the on account of the
said advance together with interest not being recovered in full and the decision of the
that the amount has fallen due from contractor or the said contractor has not utilized the
Signature of contractor
said advance or any part thereto for the purpose of the contract and as to the amount or
amounts of loss or damage caused to or suffered by the shall be final and binding on us.

3- We, the said bank, further agree that the Guarantee therein contained shall remain in full
force and effect till the said advance has been fully recovered and its claims satisfied or
discharged and till LNN certify that the said advance has been fully recovered, unless a
notice of the claims under this Guarantee has been served on the Bank before the expiry
of the said Bank Guarantee in which case the same shall be enforceable against the Bank.

4- The shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee or indemnity from time to time to vary any of the terms and
conditions of the said Contract or the advance or to extend time of performance by the
said Contractor or to postpone for any time and from time to time of the powers
exercisable by it against the said Contractor and either to enforce or forbear from
enforcing any of terms and conditions governing the said Contract or the advance or
securities available to the and the said Bank shall not be released from its liability under
these presents by any exercise by the of the liberty with reference to the matters
aforesaid or by reasons of time being given to the said Contractor or any other
forbearance, act or omission on the part of the or any indulgence by the to the said
Contractor or of any other matter or thing whatsoever which under the law relating to
sureties would but for this provision have the effect of so releasing the bank from its such
liability.

5- It shall not be necessary for the to proceed against the Contractor before proceeding
against the Bank and the Guarantee herein contained shall be enforceable against the
bank notwithstanding any security at the time when proceedings are taken against the
Bank hereunder or unrealized.

6- We, the said Bank, lastly undertake not to revoke this Guarantee during its currency
except with the previous consent of the in writing and agree that any change in the
constitution of the said Contractor or the said Bank shall not discharge our liability
hereunder.

For and on behalf of Bank

( NAME AND DESIGNATION)WITNESS.

1.

2.

Signature of contractor
PROFORMA OF BANK GUARANTEE

(IN LIEU OF SECURITY DEPOSIT)

LNN

(LNN)

In consideration of the LNN ., (hereinafter called “the LNN”) which expression shall include
its successors and assigns having awarded to M/s…................................................ (hereinafter
called “the Supplier/Contractor”) which expression shall wherever the subject or context so
permits includes its successors and assigns) a Contract in terms inter-alia of the company’s
letter No…................... dated….......and the Contract/Purchase Conditions of the Company
and upon the condition of the Supplier/Contractor furnishing
Security for the performance of the Supplier’s obligations and /or discharge of the
contractor’s/supplier’s liability under and/or in connection with the said supply
contract up to a sum of Rs…............
(Rupees…....................... only) We,…................. ((hereinafter called “The Bank”) which
expression shall include its successors and assigns) hereby undertake and guarantee
payment to LNN forthwith on the same day on demand in writing and without protest or
demur of any and all moneys payable by the supplier/contractor to the Company under, in
respect or in connection with the said contract inclusive of all the losses, damages, costs ,
charges and expenses and other moneys payable in respect of the above as specified in any
notice of demand made by the Company to the Bank with reference to this guarantee upto
and aggregate limit of Rs……...(Rupees…..................only) and the bank hereby agree
with the company that:

1. This Guarantee shall be continuing guarantee and shall ……… remain valid and
irrevocable for all claims of the Company and liabilities of Supplier/Contractor arising up to
and until midnight of….........

2. This Guarantee shall be in addition to any other Guarantee or Security


whatsoever that the Company now or at any time have in relation to the Supplier’s
obligations/liabilities under and/ or in connection with the said supply/contract, and the
company shall have full authority to take recourse or to enforce this Security in preference to
any other Guarantee or Security which the Company may have or obtain and no
forbearance on the part of the Company in enforcing or requiring enforcement of any other
Security shall have the effect of releasing the Bank from its liability here under.

3. The Company shall be at liberty without reference to the Bank and without affecting
the full liability of the Bank here under to take any other security in respect of the
Supplier’s/Contractor’s obligations and/ or liabilities under or in connection with the said
supply/contract or to grant time and / or indulgence to the supplier / contractor or to increase
or otherwise vary the prices or the total contract value or to release or to forbear from
enforcement of all or any of the conditions under the said supply / contract and / or the
remedies of the Company under any other security/securities now or hereafter held by
the Company and no such dealings, increase(s) or other indulgence(s) or arrangement(s) with
the supplier / contractor or releasing or forbearance whatsoever shall have the effect of

Signature of contractor
releasing the Bank from its full liability to the Company here under or prejudicing rights of
the company against the Bank.

4. This Guarantee shall not be determined or affected by the liquidation or winding up,
dissolution or change of constitution or insolvency of the supplier / contractor but shall in all
respects and for all purposes be binding and operative until payment of all moneys payable to
the company in terms thereof.

5. The Bank hereby waives all rights at any time inconsistent with the terms of
this Guarantee and the obligations of the Bank in terms hereof shall not be otherwise
affected or suspended by reason of any dispute or disputes having been raised by the supplier
/ contractor (whether or not pending before any Arbitrator, Tribunal or Court) or any denial
or liability by the supplier/ contractor stopping/ preventing or purporting to stop or
prevent any payment by the Bank to the Company in terms thereof.

6. The amount stated in any notice of demand addressed by the company to the
Guarantor as liable to be paid to the Company by the supplier/contractor or as suffered
or incurred by the Company on account of any losses or damages, costs, charges and / or
expenses shall as between the Bank and the Company be conclusive of the amount so
liable to be paid to the company or suffered or incurred by the company as the case may be
and payable by the Guarantor to the Company in terms hereof subject to a maximum of Rs
…........(Rupees ….................only),

7. Unless demand or claim under this Guarantee is made on the Guarantor in


writing within three months form the date of expiry of the Guarantee I e up to …...... the
Guarantor shall be discharged from all liabilities under this Guarantee there under.

Notwithstanding anything contained herein before our liability under this guarantee is
restricted to Rs. …............ (Rupees….........................only). This guarantee will expire on…... Any
claim under this Guarantee must be received by us within three months from the date of
expiry i.e. ….............. (date, three months after the expiry date) and if no such claim has
been received by us by that date all your rights under this guarantee will cease.

For and on behalf of the Bank

Place

Date

WITNESS:

1.

2.

Signature of contractor
PROFORMA OF

INDENTURE FOR SECURED ADVANCEOR CREDIT

THIS INDENTURE made this day of Between (hereinafter called the


contractor) which expression shall where the Context as admits or implies be deemed to
include his executor/administrators and assign of the one part and LNN.

Whereas by an agreement dated (hereinafter called the said agreement). The Contractor has
agreed to construct.

And whereas the Contractor has applied to the Engineer that he may be or be given credit for
materials brought by him to the site of the work subject to the said agreement for use in
construction of the work.

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of Rs. (Rupees only) paid to the contractor by Engineer. The
receipt where the Contractor hereby acknowledges and of such advance or credit (if any) as
may be made to him as aforesaid the Contractor hereby covenants and agrees with The
Engineer and declares as follows:

1. That all sums given as advance or credit by The Engineer to the Contractor as aforesaid
shall be employed by the Constructor in or toward the execution of the said works and for no
other purpose whatsoever.

2. That the material for which the advance or credit is given are offered to and accepted
by The Engineer as security and are absolutely the Contractor's own property and free from
encumbrances of any kind the Contractor will not make any application for or receives further
advance or credit on the security or material which are not absolutely his own property and
free from encumbrances of any kind and the Contractor shall indemnify The Engineer against
any claims to any material in respect of which advance or credit has been made to him as
aforesaid.

3. That the said material and all other material on the security of which any further
advance or advances or credit may be given as aforesaid (hereinafter called the said materials)
shall be used by the Contractor s solely in the execution of the said works in accordance with
the direction of the Engineer and in terms of said agreement.

4. That the Contractor shall make at his own cost all necessary and adequate
arrangement for the proper safe custody and protection against all risks of the said material
and that until used in the construction as aforesaid the material shall remain at the site of
the said works in Contractor's custody and on his responsibility and shall at all times be open
to inspection by The Engineer. In the events of the materials or any part thereof being stolen,
destroyed or damaged or becoming deteriorated in greater degree then in due to reasonable
use and wear thereof the Contractor will replace the same with other materials of like quality
of repair and make good the same as required by The Engineer.

5. That said material shall not on any account be removed from the site of work expect
with the written permission of The Engineer.

Signature of contractor
6. That the advance shall be repayable in full when or before Contractor receives
payment from The Engineer of the price payable to him for the said work under the term
and provisions of the said agreement. Provided that if any intermediate payments are made
to the Contractor on account of work done then on the occasion of each payment The
Engineer will be at liberty to make a recovery from the Contractor's bill from such payments by
deducting there from the value of the said materials than actually used in the contraction and
in respect of which recovery has not been made previously. The value of this purpose being
determined in respect of each description of materials at the rates at which the amounts of the
advance as made under these presents was calculated.

7. That if the Contractor shall at any time make at any default in the performance of
observance in respect of any of the terms and provisions of the said agreement or of that
provisions the total amount of the advance or advances that may still be owing to The Engineer,
shall immediately on the happening of such default be repayable by the Contractor to The
Engineer together with interest thereon at 12% p.a. from the date of respective dated to such
advance or advances to the date of payment and with all costs. Damages and expenses
incurred by The Engineers in or for recovery hereof or the Contractor hereby covenants and
agrees with The Engineer repay and pay the same respective to him accordingly.

8. That the Contractor hereby charges all the said materials with the repayment to The
Engineer of all sums advances or credit as aforesaid and all costs. Charges, damages and
expenses payable under these presents PROVIDED ALWAYS it is hereby agreed and declared
that notwithstanding anything in the said agreement and without prejudice to the powers
contained therein if and wherever the covenant for payment and repayment herein before
contained shall be become enforceable and the money owing shall not be paid in accordance
therewith. The Engineer may at any time thereafter adopt all or any of the following courses he
may deem best:

a. Seize the utilize the said material or any part thereof in the completion of the said
works in accordance with the provision in that behalf contained in the said agreement debating
the Contractor with the actual cost of effecting such completion and the amount due in respect
of advance or credit under these presents and crediting the Contractor with value of work done
as if he has carried it out in accordance with the said agreement and the rates thereby provided
if the balance is against the Contractor is to pay the same to the engineer on demand.

b. Remove and sell by public action the seized materials or any part thereof and out of
the money arising from the sale repay the engineer under these presents and pay over the
surplus (if any) to the Contractor.

c. Deduct all or any part of the moneys owing from any sums due to the contractor
under said agreement.

9. Expect in the event of such default on the part of contractor as aforesaid, interest or
the said advance shall not be payable.

10. That in the event of conflict between the provisions of these presents and the said
agreements, the provision of these presents shall prevail and in the event of any dispute or
Signature of contractor
difference arising over the construction or effect of these presents, the settlement of which
has not been herein before expressly provided for the same shall so far as is lawful be referred
to Managing Director, LNN. Or to such person as he may appoint whose decision shall be final
and the provision of the India arbitration Act. For the time being in force shall apply to such
reference.

IN WITNESS whereof the said the engineer and the contractor hereunto set their respective
hands and seals the day year first above written.

Signed Sealed and delivered by

Contractor The Engineer-in-charge.

Signature of contractor
AGREEMENT FORM

This agreement made this day of (Month) (Year), between the Lucknow Nagar Nigam (LNN),
a nodal agency established to work towards the development solutions of the LNN Personnel
of state having its Registered Office at Lucknow (hereinafter referred to as the “LNN” which
expression shall include its administrators, successors, executors and assigns) of the one part
and M/s (NAME OF CONTRACTOR) (hereinafter referred to as the ‘Contractor’ which
expression shall unless the context requires otherwise include its administrators, successors,
executors and permitted assigns) of the other part.

WHEREAS, LNN, has desirous of construction of (NAME OF WORK) (hereinafter referred to as


the “PROJECT”) on behalf of the (NAME OF OWNER) (hereinafter referred to as “OWNER”), had
invited tenders as per Tender documents vide NIT No. .

AND WHEREAS (NAME OF CONTRACTOR) had participated in the above referred tender vide
their tender dated and LNN has accepted their
aforesaid tender and award the contract for (NAME OF PROJECT) on the terms and
conditions contained in its Letter of Intent No. and the documents
referred to therein, which have been unequivocally accepted by (NAME OF CONTRACTOR) vide
their acceptance letter dated resulting into a
contract.

NOW THEREFORE THIS DEED WITNESSETH AS


UNDER:

ARTICLE 1.0 – AWARD OF CONTRACT

1.1 SCOPE OF WORK

LNN has awarded the contract to (NAME OF CONTRACTOR) for the work of (NAME OF WORK)
on the terms and conditions in its letter of intent No. dated and the
documents referred to therein. The award has taken effect from (DATE) i.e. the date of
handing over of site. The terms and expressions used in this agreement shall have the same
meanings as are assigned to them in the “Contract Documents” referred to in the succeeding
Article.

ARTICLE 2.0 – CONTRACT DOCUMENTS

2.1 The contract shall be performed strictly as per the terms and conditions stipulated
herein and in the following documents attached herewith (hereinafter referred to as “Contract
Documents”).

a) LNN Notice Inviting Tender vide No. date and LNN’s tender
documents consisting of:

i) General Conditions of Contract (GCC) along with amendments/errata


to GCC (if any) issued (Volume-I).
Signature of contractor
ii) All items under AOW and Bill of Quantities along with
amendments/corrigendum of schedule items, if any (Volume-II).

b) (NAM E O F CO NTR ACTO R) letter proposal dated ________ and their


subsequent communication:

i) Letter of Acceptance of Tender Conditions dated

ii)

iii)

2.2 LNN’s detailed Letter of Intent No. dated including all items under AOW
and Bill of Quantities. Agreed time schedule, Contractor’s Organization Chart and list of Plant
and Equipments submitted by Contractor.

2.3 All the aforesaid contract documents referred to in Para 2.1 and 2.2 above shall
form an integral part of this Agreement, in so far as the same or any part thereof column, to
the tender documents and what has been specifically agreed to by LNN in its Letter of Intent.
Any matter inconsistent therewith, contrary or repugnant thereto or deviations taken by the
Contractor in its “TENDER” but not agreed to specifically by LNN in its Letter of Intent, shall
be deemed to have been withdrawn by the Contractor without any cost implication to LNN.
For the sake of brevity, this Agreement along with its aforesaid contract documents and Letter
of Intent shall be referred to as the “Contract”.

ARTICLE 3.0 – CONDITIONS & COVENANTS

3.1 The scope of Contract, Consideration, Terms of Payments, Advance, Security


Deposits, Taxes wherever applicable, Insurance, Agreed Time Schedule, Compensation for delay
and all other terms and conditions contained in LNN’s Letter of Intent No. dated
are to be read in conjunction with other aforesaid Contract Documents. The
contract shall be duly performed by the contractor strictly and faithfully in accordance with
the terms of this contract.

3.2 The scope of work shall also include all such items which are not specifically
mentioned in the Contract Documents but which are reasonably implied for the satisfactory
completion of the entire scope of work envisaged under this contract unless otherwise
specifically excluded from the scope of work in the Letter of Intent.

3.3 Contractor shall adhere to all requirements stipulated in the Contract documents.

3.4 Time is the essence of the Contract and it shall be strictly adhered to. The progress
of work shall conform to agreed works schedule/contract documents and Letter of Intent.

3.5 This agreement constitutes full and complete understanding between the parties and
terms of the presents. It shall supersede all prior correspondence to the extent of
inconsistency or repugnancy to the terms and conditions contained in Agreement. Any
modification of the Agreement shall be effected only by a written instrument signed by the
authorized representative of both the parties.
Signature of contractor
3.6 The total contract price for the entire scope of this contract as detailed in Letter of
Intent is Rs. (Rupees only), which shall be governed by the stipulations of the
contract documents.

ARTICLE 4.0 – NO WAIVER OF RIGHTS

4.1 Neither the inspection by LNN or the Engineer-in-Charge or any of their officials,
employees or agents nor order by LNN or the Engineer-in-Charge for payment of money or
any payment for or acceptance of, the whole or any part of the work by LNN or the
Engineer-in-Charge nor any extension of time nor any possession taken by the
Engineer-in-Charge shall operate as waiver of any provisions of the contract, or of any power
herein reserved to LNN, or any right to damage herein provided, nor shall any waiver of any
breach in the contract be held to be a waiver or any other or subsequent breach.

ARTICLE 5.0 – GOVERNING LAW AND JURISDICTION

5.1 The Laws applicable to this contract shall be the laws in force in India and
jurisdiction of ( U . P - L u c k n o w ) Court (s) only.

5.2 Notice of Default

Notice of default given by either party to the other party under the Agreement shall be in
writing and shall be deemed to have been duly and properly served upon the parties hereto,
if delivered against acknowledgment due or by FAX or by registered mail duly addressed to the
signatories at the address mentioned herein above.

IN WITNESS WHEREOF, the parties through their duly authorized representatives have executed
these presents (execution whereof has been approved by the Competent Authorities of both
the parties) on the day, month and year first above mentioned at

For and on behalf of: For and on


behalf

(NAME OF CONTRACTOR) Lucknow Nagar Nigam.(LNN)

WITNESS: WITNESS:

1.

1.

2. 2.

Signature of contractor
FINANCIAL BID/ PRICE BID
Rate should be quoted as follows

To,

The Municipal Commissioner,

Lucknow Nagar Nigam,

T.N Marg, Lalbag, Lucknow,

Uttar Pradesh – 226001

1. Having examined the conditions of the contract, Specifications, Drawings and design etc. of the
tender for execution of the above said works, we, the undersigned, offer to execute and complete
such works and remedy any defects therein in conformity with the conditions of the contract,
specifications, drawings, design, scope of work etc. for.

A Supply , installation and In Figure.


commissioning of simulator House
(as mentioned in scope of work) In Words
All complete.

• We undertake , if our tender is accepted , we shall commence the works as soon as is


reasonably possible after the receipt of the engineer's notice to commence, and to
complete the whole of the works comprised in the contract within 4 months as stipulated
in the tender.

• We agree to abide by this tender for the validity period of 120 days from the date fixed for
receiving the same and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.

• The contract is not complete and binding between us unless and until a formal agreement
is prepared and executed for this tender, followed by signing & stamping on the original
tender document generated by Lucknow Nagar Nigam together with your written
acceptance thereof and formal work order.

Signature of contractor
• We understand that you are not bound to accept the lowest or any tender you may
receive.

Dated this ………………………………………………. day of ………………………………………………….………. 2017

Signature………………………………………………… in the capacity of ………………………………………………….

Duly authorized to sign tender for and on behalf of ………………………………………………………………..

Address …………………………………………………………………………………………………………………………………..

Occupation ………………………………………………………………………………………………………………………………

Company Seal ………………………………………………………………………………………………………………………….

Signature of contractor
DRAWINGS

Signature of contractor
Signature of contractor
Signature of contractor
Signature of contractor
Signature of contractor
Signature of contractor

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