CONTRACT FOR

MAINTENANCE OF ROADS

(Based on Single Percentage Rate)

Agreement

for

Short Term Maintenance Work From Km. 5 th (P) to Km. 37th (P) of
NH-133 E for the Year 2024-25

Government of India
Ministry of Road Transport & Highways

(Through Chief Engineer , NH (South) Wing,

Bihar, Patna)

August, 2024
 CONTENTS

Description PageNo.

Introduction 1

SECTION – 1 NOTICE INVITING TENDER 3

SECTION-2 Instructions to Bidders (ITB) and Appendixto ITB 9

SECTION -3 Qualification Information 29

SECTION-4 Forms of Bank Guarantees, Letter of Acceptance (LoA) and Agreement 39

SECTION -5 General Conditionsof Contract (GCC) and Contract Data 51

SECTION 6 Addendum to General Conditions of Contract 71

SECTION -7
ROAD MAINTENANCE STANDARDS AND SPECIFICATIONS FOR ROAD
MAINTENANCE WORKS, PART-I AND PART-II 75

SECTION 8 Drawings and Schedule of Drawings 91

SECTION-9 Financial Bid Form and Bill of Quantities 93

SECTION – 1 NOTICE INVITING TENDER
 SECTION – 1

NOTICE INVITING TENDER

NIT No:-. NH/BHAGALPUR/STMC/07/2024-25 Dated- 07.08.2024

 Availability of bid documents from 07.08.2024 to 05.09.2024 (15:00 hours)

 Deadline for submission of Bid 05.09.2024 (15:00 Hours)

 Pre-bid meeting 21.08.2024 (15:00 Hours)

 Deadline for submission of original documents in physical form: 06.09.2024 (15:00 Hours)

 Opening of technical bids 06.09.2024 (16:00 Hours)

 Opening of financial bids:To be declared later.

 Validityofbids:1 20 D ay s

5
 NOTICE INVITING TENDER

NIT No:-. NH/BHAGALPUR/STMC/07/2024-25 Dated- 07.08.2024

1. The Executive Engineer N.H. Division Bhagalpur hereby invites Bids for Short Term
Maintenance of Roads through e-tendering from experienced firms/organizations for
operation and maintenance works and activities for the following sections of the National/
Highways :-
Estimated
Overall Cost/Total Bid Contract
SL.
Name of works Length Bid Value Security Duration
No.
(Km) (Rs. in (Rs. In Lac.) (Month)
Lac.)
Short Term Maintenance Work
From Km. 5th(P) to Km. 37th
1. 32.50 160.262 1.610 6 Months
(P) of NH-133 E for the Year
2024-25
2. The interested Contractors who have experience in execution of similar works and required
technical and financial strength may obtain Request for Proposal form https://
[Link]. Bidder must submit its Technical and Financial Bid at https://
[Link]/eprocure/app on or before Bid Due Date. Technical Bid of the Bids
received online shall be opened on 06.09.2024 at 16.00 HRS on website.
Important Dates.

SN. Event Description Date

1. Invitation of RFP (NIT) 07.08.2024
2. Last date for receiving queries 21.08.2024
3. Pre-BID meeting 21.08.2024 at 15:00 HRS
Place- Office of Chief Engineer, N.H.
(South) Wing, Bihar, Patna.
4. Authority response to queries latest by 23.08.2024
5. Last date of Request for BID Document 05.09.2024 up to 15:00 HRS
6
BID Due Date 05.09.2024 up to 15:00 HRS
Physical Submission of Bid 06.09.2024 up to 15:00 HRS
7. Security/Receipt and other document in
hard copy
8. Opening of Technical BIDs 06.09.2024 at 16.00 HRS on website
[on CPP portal of NIC
([Link])]
9. Declaration of Technically eligible / Will be declared later
qualified Bidders
10. Opening of Financial BID Will be declared later
11. Letter of Acceptance (LOA) Will be declared later
12. Return of signed duplicate copy of LOA Will be declared later
13. Validity of BID 120 days from BID Due Date
3. (a) Form Fee (Cost of RFP Document) which is Rs. 10000/- (Rs. Ten Thousand only) for the
work specified above shall be paid only through NTRP (Non Tax Receipt Portal)
([Link] to Pay & Accounts Officer (PAO):006484 in “Regional Pay &
Account Officer (RPAO), National Highway, Patna, Drawing & Disbursing Officer
(DDO):206505- Superintending Engineer, Road Wing, Regional Office, Patna. Bid Security
shall be submitted in the form of BG only as per RFP.
(b) Bid Security money shall be in favour of Executive Engineer N.H. Division, Bhagalpur in the
form of a Bank Guarantee issued by Nationalized Bank or a Scheduled Bank in India having
a net worth of at least Rs. 1000 Crore in the format at Appendix -II (The Bank Guarantee)
and having a validity period of not less than 180 (One Hundred Eighty) days from the bid due
date.
4. For participating in the above RFP process, the contractors shall have to obtain user ID,
password and digital signature may be issued to them. This will enable them to access the
website (https:// [Link]) and download/ participate in E-STMC tender.
5. The blank RFP documents can be downloaded from our website https://
[Link] where electronic RFP form is provided.
6. Bidders/Contractors can access RFP documents on the website, fill them and submit the
completed RFP document into Electronic RFP on the website itself. Bidders/Contractors shall
attach scanned copies (PDF, JPG) of all the required RFP papers, i.e. BG & the certificates as
required in Eligibility criteria.
7. All the uploaded documents shall have the signature of bidder or their authorized signatories.
The scanned copies should be of the original papers and certificates.
8. The bidder is requested to check their file size of uploaded documents at the time of
submission & they should ensure that work file is uploaded. If they feel that the complete file
is not uploaded then they should click on cancel & update the same before submission. The
bidders should satisfy themselves of Download ability/visibility of the scanned & uploaded
file by them.
9. The bidder is directed to zip their files using Win Zip or Win RAR software only. Other
formats of zipping will not be accepted and will be rejected.
10. The bidder must use MS Office-2007 or lower version.
11. File size should be less than 5MB and should be in MS Word, Ms Excel, PDF and JPEG
formats.
12. No claim shall be entertained on account of disruption of internet service being used by
bidders. Bidders are advised to upload their bids well in advance to avoid last minute
technical snags.
13. Corrigendum / Addendum / Corrections, if any will be published on the website.
14. Bitumen/Emulsion purchased by the Contractor from “Indian Public Sector Oil Company”
only will be used in the work.
15. Any Contractor registered with the Central Government / any State Government or any PSU
or an agency of International or National repute may participate in the RFP but registration
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 with the Road Construction Department Bihar will be essential after issue of L.O.A. and
before executing the agreement.
16. The undersign reserves the right to extend/cancel the tender (RFP) at any stage without
assigning any reason thereof.
FOR QUERY PLEASE CONTACT HELPLINE NO 18003456161.
Sd/-
Executive Engineer,
N.H. Division, Bhagalpur
 SECTION-2

INSTRUCTIONS TO BIDDERS (ITB) AND APPENDIX TO ITB

 SECTION – 2
INSTRUCTIONS TO BIDDERS (ITB)

TABLE OF CLAUSES

Clause A. General Clause D. Submission of Bids

1. Scope of Bid 20. Deadline for Submission of Bids
21. Late Submission of Documents in
Physical Form
2. Source of Funds 22. Modification and Withdrawal of Bids
3. Eligible Bidders E. Bid Opening, Clarification of Bids
and Evaluation
4. Qualification of the Bidder 23. Bid Opening, Clarification of Bids
And Evaluation
5. One Bid per Bidder 24. Process to be Confidential
6. Cost of Bidding 25. Contacting the Employer
7. Site Visit 26. Examination of Bids and
Determination of Responsiveness
B. Bidding Documents 27. Correction of Errors
8. Content of Bidding Documents 28. Evaluation and Comparison of
Financial Bids
9. Clarifications on Bidding Documents F. Award of Contract
10. Amendment of Bidding Documents 29. Award Criteria
C. Preparation of Bids 30. Employer’s Right to Accept any Bid
and to Reject any or all Bids
11. Language of Bid 31. Notification of Award and Signing of
Agreement
12. Documents Comprising the Bid 32. Performance Security
13. Bid Prices 33. Advances
14. Currencies of Bid and Payment G. Corruptor Fraudulent Practices
15. Bid Validity 34. Corrupt or Fraudulent Practices
16. Earnest Money/Bid Security/ H. Labour Laws and Fundamental
Forfeiture/Debarment Breach
17. Alternative Proposals by Bidders 35. Labour Laws and Regulations
18. Format and Signing of Bid 36. Fundamental Breach and other
Obligations
19. Marking of Bids Appendix to ITB

11
 [Link]

1. Scope of Bid
1.1 The Employer (as defined in the Appendix to ITB) invites Single Percentage Rate bids through
the process of e-tendering for works as described in these documents and referred to as “the
Works”. The name and identification number of the Works is as defined in the Appendix to ITB.

1.2 The successful Bidder will be expected to complete the Works by the intended Completion Date
specified in the Contract Data.

1.3 Through out these Bidding Documents, the terms “bid” and“ tender” and their derivatives (bidder/
tenderer, bid/tender, bidding/ tendering ,etc.)are synonymous.

2. Source of Funds

2.1 The expenditure under this contract will be met by MoRTH, Govt. of India.

3. Eligible Bidders

3.1 This Invitation for Bids is open to all bidders meeting the qualification requirements prescribed in
Clause 4 of ITB.

3.2 Any entity which has been black listed or barred by the Central or any State Government or any
public sector undertaking, autonomous body or any authority under the Central or State
Government, from participating in any project, and the bar subsists as on the date of Application
shall not be eligible to submit the bid.

4. Qualification of the Bidder

4.1 All bidders shall furnish the following information and documents with their Bids in Section-3,
Qualification Information, unless otherwise stated in the Appendix to ITB.

a) Scanned copies of original documents defining the constitution or legal status, place of
registration, and principal place of business; scanned copy of written power of attorney of the
signatory of the Bid to commit the Bidder; and original copy of Written Power of Attorney to be
submitted in the envelope of physical form.(refer Clause12.2 of ITB).

b) Scanned copy of total monetary value of civil engineering construction and maintenance works
performed for each of the last three years;

c) Scanned copy of experience certificate in works of a similar nature and size for each of the last
five years with certificates from the concerned officer of the rank of Executive Engineer or
equivalent or higher;

d) Scanned copy of evidence of availability (either owned or leased or rented) of items of

construction and maintenance equipment named in Clause4.3B(b) (i).

e) Scanned copy of details of the technical personnel proposed to be employed for the Contract
having the qualifications defined in Clause4.3B(b)(ii).

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f) Scanned copy of reports on the financial standing of the Bidder, and a certificate from Chartered
Accountant as a proof of turn over for the last three years;

g) Scanned copy of in formation regarding any litigation or arbitration during the last five years in
which the Bidder is involved, the parties concerned, the disputed amount, and the present
status;

h) Undertaking that the bidder is not affiliated to the firm or entity that has been hired or employed
by the Employer for preparation of bid documents or to supervise the contract.

4.2 Bids from joint ventures/consortiums are not allowed.

4.3 A To qualify for award of the contract, each bidder in its name should have the following;-

a) Achieved a minimum average annual financial turnover (in all classes of civil engineering
construction and maintenance works only) equal to the amount indicated in NIT during
last three years ending 31 stMarch of the previous financial year duly certified by
Chartered Accountant. Rs. 160.262 Lakhs
b) satisfactorily completed (not less than 90% of contract value), as a prime contractor or as a
partner of JV for similar works during last five years ending last day of month previous to the one
in which bids are invited, either of the following:
i. three similar completed works costing not less than amount equal to 25% of Estimated cost
of work. Rs.40.066 lakhs each.
ii. two similar completed works costing not less than amount equal to 35% of Estimated cost
of work Rs.56.092 lakhs each.
iii. one similar completed work costing not less than amount equal to 50% of Estimated cost
of work Rs. 80.131 lakhs.
iv. (the similar work constitutes construction/maintenance of roads)
The following escalation factors shall be used to bring the value of such completed works to
the level of current financial year (2023-24):

Financial Year 2023-24 2022-23 2021-22 2020-21 2019-20

Multiplying Factor 1.1 1.21 1.33 1.46 1.61

4.3 B(a) Each bidder must upload the scanned copies of following documents along with the
submission of online bid:
i) An affidavit on a Stamp Paper, duly attested from the Notary Public, that the information
furnished with the bid documents is correct in all respects; and
b) Such other certificates as defined in Section-3. Failure to submit the certificates/ documents
as specified above shall make the bid non-responsive. Each bidder must demonstrate for this
work:
i) evidence of availability (either owned or leased or rented) of the key equipment for this
work as stated in the Appendix to ITB.
ii) Availability of personnel with qualification and experience as stated in the Appendix to
ITB.

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4.4 Bidders who meet the minimum qualification criteria will be qualified only if their available bid
capacity is more than the total bid value. The available bid capacity will be calculated as
under:

Available Bid capacity=(A*N*2.5-B)Where.

A= Maximum value of civil engineering works executed in any one year during the last three
years (escalation factor as specified in this section shall be used to bring the maximum
value of civil engineering works to the level of current financial yeari.e.,2023-24) taking in
to account the completed as well as works inprogress.
N=Number of years prescribed for completion of the works for which bid is invited.
B=Value (escalation factor as specified in this section shall be used to bring the value to the
level of current financial year i.e.,2023-24) of existing commitments and on-going works to
be completed during the next 3 Months (period of completion of the works for which bid is
invited)
4.5 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified
if they have:

i) made misleading or false representations in the forms, statements, affidavits and

attachments submitted in proof of the qualification requirements; and/or
ii) record of poor performance such as abandoning the works, not properly completing
the contract, inordinate delays in completion, litigation history, or financial failures etc.
or debarring from work etc.

5. One Bid per Bidder

5.1 Each Bidder shall submit only one Bid for the Works. A Bidder who submits more than one Bid
will cause such bids to be disqualified.

6. Cost of Bidding

6.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and
the Employer will, in no case, be responsible or liable for those costs.

7. Site Visit
7.1 The Bidder, at his own cost, responsibility, and risk, is encouraged to visit, examine and
familiarize himself with the Site of Works and its surroundings including source of earth, water,
road aggregates, availability of labour etc. and obtain all information that may be necessary for
preparing the Bid and entering in to a contract for undertaking the maintenance Works. The
costs of visiting the site shall beat the Bidder’s own expense. For this purpose, he may contact
the person whose contact details are given in the Appendix to ITB.

14
 [Link]

8. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and addenda (if any)
issued in accordance with Clause10:
Section1: Notice Inviting Tender
Section2: Instructions to Bidders (ITB) and Appendix to ITB
Section3: Qualification Information
Section4: Forms of Bank Guarantee, Letter of Acceptance (LOA) and Agreement
Section5: General Conditions of Contract and Contract Data
Section6: Addendum to General Conditions of Contract
Section7: Road Maintenance Standards and Specifications for Road Maintenance Work,
Part-I and Part-II
Section8: Drawings and Schedule of Drawings
Section 9: Financial Bid form and Bill of Quantities

8.2 The bidder is expected to examine carefully all instructions, conditions of contract, contract
data, forms, scope, road maintenance Standards and Specifications, bill of quantities, etc. in
the Bid Documents. Failure to comply with the requirements of Bid Documents shall be at the
bidder’s own risk. Pursuant to Clause26 here of, Bids, which are not substantially responsive
to the requirements ofthe Bid Documents, shall be rejected.

9. Clarifications on Bid Documents

9.1 A prospective Bidder requiring any clarification on the Bid Documents may notify the
Employer in writing or through e-tender portal at the Employer’s address indicated in the
notice inviting Tender. The Employer will respond to any such request for clarification
received earlier than 8 days prior to the deadline for submission of Bids. Copies of the
Employer’s response will be hosted on website including a description of the queries but
without identifying its source.

9.2 Pre-Bid Meeting

9.2.1 The Bidder’s authorised representative is invited to attend a pre-bid meeting, if it

[Link]-
bidmeetingwillbetoclarifyissuesandtoanswerquestionsonanymatter that may be raised at that
stage.

9.2.2 The bidder is requested to submit any questions in writing so as to reach the Employer not
later than one week before the meeting.

9.2.3 Minutes of the meeting, including the text of the questions raised (without identifying the
source of the enquiry) and the responses given will be posted without delay on website. Any
modifications of the bid documents listed in Clause8.1, which may be comenecessaryas a
result of the pre-bidmeetingorwhicharerequiredintheopinionoftheEmployershallbemadeby the
Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not
15
 through the minutes of the pre-bid meeting.

9.2.4 Non-attendanceatthepre-bidmeetingwillnotbeacausefordisqualificationofabidder.

10. Amendment of Bidding Documents

10.1 Before the deadline for submission of bids, the Employer may modify the Bidding Documents
by issuing addenda.

10.2 Any addendum thus issued shall be part of the Bidding Documents and shall be hosted one-
tendering portal. Bidders are advised to keep themselves updated of all the addenda issued
on e-tendering portal by daily checking the e-tendering portal and the Employer does not
assume any responsibility in case the bidder fails to do so and does not take any action, if
required, with respect to any relevant addendum.

10.3 To give prospective bidders reasonable time to take an addendum into account in preparing
their bids, the Employer shall extend, as necessary, the deadline for submission of bids, in
accordance with Clause20.3.

[Link]

11. Language of Bid

11.1 All documents relating to the Bid shall be in English.

12. Documents Comprising the Bid

12.1 [Link]-
[Link]-
IIshallbenamedFinancialBidandshallcompriseofBillofQuantities-Billno.1to3.
12.2 Documents to be submitted in physical form must be delivered before/on the date as
mentioned in NIT

Though, the scanned copies of following documents is required to be uploaded during

submission of e-bid on the e-tendering portal, as per Clause 12.1 above, however, following
original documents in physical form shall be submitted in a sealed envelope on or before the
Bid Due Date and before the time of submission as specified in NIT at the address indicated
inClause20,dulysuperscribed“NameofWork,BidDueDateandtime”.Nameandaddressofthebidd
ershould also be indicated on the envelope.
i) Copy of Acknowledgement for Tender Submission and EMD/Bid Security
ii) Bid Document Fee
iii) Deleted
iv) Written PowerofAttorneyofthesignatory(whosedigitalsignaturecertificateisusedduringe-tender
submission) of the bidder to commit the Bid.
v) Affidavit duly notarized(aspertheformatprovidedinSection-3)

12.3 The following documents, which are not submitted with the bid, will be deemed to be part of
the bid.

i) Notice Inviting Tender

16
 ii) Instructions to the Bidders and Appendix to ITB
iii) General Conditions of Contract and Contract Data
iv) Addendum to General Conditions of Contract
v) RoadMaintenanceStandardsandSpecificationsforRoadMaintenanceWorks,
Part-Iand Part-II
vi) Drawings and Schedule of Drawings

13. Bid Prices

13.1 The Contract shall be for the whole Works, as described in Clause1.1 based on the Bill of
Quantities- Bill no.1submittedbythe Bidder.
13.2 The Bidder shall quote single percentage rate above/below the BOQ on appropriate form at
enclosed as part of tender document one-tender portal.
13.3 All duties, taxes, royalties, other levies and excluding GST, payable by the Contract or under
the Contract, or for any other cause, shall be included in the rates, prices, and total bid price
submitted by the Bidder.
13.4 TheratesandpricesquotedbytheBiddershallbefixedforthedurationoftheContractandshallnotbesu
bjecttoadjustment.
13.5 The applicable GST on the executed work will be reimbursed to the contractor on submission
of proof of GST deposit with the concerned authority.

14. Currencies of Bid and Payment

All payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bidsshallremainvalidforaperiodof120daysafterthedeadlinedateforbidsubmissionspecifiedinCla
[Link]-responsive.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the Bidders may extend the period of validity for a specified additional period.
The request and the Bidders’ responses shall be made in writing. A Bidder may refuse the
request without forfeiting his bid security. A Bidder agreeing to the request will not be
required or permitted to modify his bid, but will be required to extend the validity of his bid
security for a period of the extension, and in compliance with Clause16 in all respects.

16. Earnest Money/Bid Security/Forfeiture/Debarment

16.1 TheBiddershallfurnish,aspartoftheBid,EarnestMoney/BidSecurity,intheamountasspecifiedinthe
NIT.(Bankguarantee/demanddraftmustbeinfavouroftheEmployer).
16.2 TheEarnestMoneyshall,attheBidder’soption,beintheformofBankGuarantee/Demand
Draft only (the other forms will not be acceptable) of any scheduled commercial bank
approved by RBI having a net worth of not less than Rs. 500 crore as per the latest annual
report of the bank and must be in the name of Employer. In case of foreign
bank(issuedbyabranchinIndia),thenetworthinrespectoftheIndianoperationsshallonlybetakenint
o account. It shall be valid for 45 days beyond the validity of the bid. Any bid having
bidsecurityforlesservalueandshortervalidityperiodshallbetreatedasnon-responsive.
A. BankGuaranteeorDemandDraftreceipts,inthenameoftheEmployer,fromfollowingbankswouldbe
accepted:-
i) State Bank of India or its subsidiaries,

17
 ii) Any Indian Nationalised Bank
iii) IDBI/ICICI Bank
iv) A Foreign Bank (issued by a branch outside India) with a counter guarantee from SBI or its
subsidiaries or any Indian Nationalised Bank.
v) Any Scheduled Commercial Bank approved by RBI having a net worth of
[Link] a Foreign Bank
(issued by a branch in India), the net worth in respect of the Indian operations shall only be
taken into account.
B. The acceptance of the guarantees shall also be subject to the conditions that thecapital
adequacy of the Bank shall not be less than the latest norms prescribed by RBI.
C. The bank guarantee issued by a Cooperative Bank shall not be accepted.
16.3 Any Bid not accompanied by an acceptable Earnest Money, shall be rejected by the
Employer as non-responsive.
16.4 TheEarnestMoneyofunsuccessfulbidderswillbereturnedwithin28daysoftheendoftheBidvalidityp
eriodspecifiedinSub-Clause15.1.
16.5 The Earnest Money of the successful Bidder will be discharged when the Bidder has signed
the Agreement and furnished the required Performance Security.
16.6 The Bid Security/Earnest Money will be forfeited:

a) If the Bidder withdraws the Bid after its submission during the period of Bid validity;
b) inthecaseofasuccessfulBidder,iftheBidderfailswithinthespecifiedtimelimitto
i) sign the Agreement; and/or
ii) furnish the required Performance Security.
16.7 Incaseofforfeitureofbidsecurity,thebiddershallalsobedebarredfromparticipationintheworksforap
eriodof 2 years.

17. Alternative Proposals by Bidders

17.1 Bidder shall submit offers that fully comply with the requirement of the BiddingDocuments.
Conditional offer or alternate offer will not be considered further in the process of evaluation
and such a bid will be declared non-responsive.

18. Format and Signing of Bid

18.1 TheBiddershallsubmite-bidcomprisingthedocumentsasdescribedinClause12ofthe ITB.

18.2 The documents to be submitted in the physical form along with the demand draft for
fees/security shall be typed or written in ink and shall be signed by a person duly authorized
[Link]
erson/[Link],alteration
s or additions, except those to comply with instructions, issued by the Employer or as
necessary to correct errors made by the Bidder, in which case such corrections shall be
made by scoring out the cancelled portion, writing the correction and signing and dating it
along with the stamp by the person or persons signing the Bid

D. SUBMISSIONOFBIDS

19. Marking of Bids

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19.1 The documents to be submitted in physical form as per Clause 12.2 of ITB shall be submitted
in a sealed Envelope super scribed as “Documents in Physical Form” at the top left corner.
In case of any discrepancy between documents submitted online and documents submitted
in the physical form, the documents submitted in physical form shall prevail over the
documents submitted through online process.

20. Deadline for Submission of Bids

20.1 TheBiddershallensurethatthecompletee-Bidisuploadedonthee-tenderportalonor before the Bid

Due Date and before the time specified in NIT/e-portal. The Bidder is further required to
submit Documents in Physical Form on/before the date as mentioned in NIT, at the following
address:

Designation Executive Engineer N.H. Division Bhagalpur

Address Ganga Bridge Campus, Zero Mile, Bhagalpur - 813210
Phone: 9470001313
E-Mail eenhbhagalpur1@[Link]
Designation Superintending Engineer N.H. Circle, R.C.D., Bhagalpur
Address Ganga Bridge Campus, Zero Mile, Bhagalpur - 813210
Phone: 9470001348
E-Mail sercdnhbhagalpur@[Link], se-nh-bhagalpur-bih@[Link]
Designation Chief Engineer, NH (South) Wing, Bihar, Patna
Address Purani Sachiwalay, Patna
Phone: 9470001355
E-Mail cenhsouthbihar@[Link]
Designation
Chief Engineer-cum- R.O.
Address Regional Office, MoRTH,Patna
…..
Phone:
ropatnamorth@[Link]
E-Mail

In the event of the specified date for the submission of Documents in Physical Form being
declared a holiday for the Employer, the same will be received up to the specified time on the next
working day.

20.2 TheEmployerassumesnoresponsibilityforinabilityofabiddertosubmitbidsthroughthe Employer’s

e-tendering portal on account of delay in submission at bidder’s end. Bidders shall ensure
that they submit the bid well before the “Bid Due Date and Time of Bid-Submission”.The
Employer shall not be responsible if bidder is notable to submit the bid on account of failure in
network/internet connection or any other reason whatsoever.

20.3 TheEmployermayextendthedeadlineforsubmissionofbidsbyissuinganamendmentin
accordance with Clause 10, in which case all rights and obligations of the Employer and
thebidderspreviouslysubjecttotheoriginaldeadlinewillthenbesubjecttothenewdeadline.

19
21. Late Submission of Documents in Physical Form:

21.1 AnydocumentinphysicalformifreceivedbytheEmployerafterthedeadlineprescribedinClause20
will be returned unopened to the Bidder and also thee-bid submitted by such Bidder
shall not be considered.

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their e-bids as directed on the e-tendering portal,before the
BidDueDateandtimeasprescribedinClause20.

22.2 No bid may be modified after the deadline for online submission of bids.

22.3 WithdrawalormodificationofaBidbetweenthedeadlineforsubmissionofbidsand the expiration of

the original period of bid validity specified in Clause 15.1 or as
extendedpursuanttoClause15.2shallresultintheforfeitureoftheBidSecuritypursuanttoClause16.

22.4 Bidders may modify the prices of their bids before deadline of online submission of bid.

22.5 NoLateanddelayedbidsafterBidDueDateandtimeshallbepermittedine-
[Link]-
TenderingPortalshallbefinalandbindingonbiddersandbidshavetobesubmittedbybiddersconside
ringthistimeonlyandnotthetimeaspertheirlocation/country.

E. BIDOPENING,CLARIFICATIONOFBIDSANDEVALUATION

23. Bid Opening, Clarification of Bids and Evaluation

23.1 Bid opening shall be carried out in two stages. Firstly, Part-I ‘Technical Bid’ of all the Bidders
received (except those received late) shall be opened on the date and time mentioned in
Notice Inviting Tender (NIT). Part-II’ Financial Bid’ of those bidders whose technical bid has
been determined to be substantially responsive shall be opened on a subsequent date
throughonlineprocessofe-tendering,whichwillbenotifiedtosuchbidders.

TheEmployerwillopenthe“TechnicalBid”ofalltheBidsreceived(exceptthosereceivedlate),in the
presence of the Bidders/Bidders’ representatives who choose to attend at the time,
[Link]
ared a holiday for the Employer, the Bids will be opened at the appointed time and location
on the next working day.

23.2 In all cases, the amount of Earnest Money, forms and validity shall be
[Link],theEmployerattheopeningastheEmployermayconsiderappropriate,willa
nnouncetheBidders’namesandsuch other details.

23.3 The Employer will prepare minutes of the Bid opening, including the information disclosed to
those present in accordance with this Clause23.

23.4 Thebidsaccompaniedwithvalidbidsecurity,biddocumentfee,Tenderprocessingfeewillbetakenupf
orevaluationwithrespecttotheQualificationInformationandotherinformationfurnishedinPart I of
the bidpursuanttoClause12.1.

Assoonaspossible,theEvaluationCommitteewillfinalizethelistofresponsivebidderswhosefinanci
[Link],toassistintheexamination,evaluationof technical
bids, the Employer may at his discretion, ask any bidder for clarification of his
20
 bid,however,noadditionaldocumentsinsupportofclarificationwillbeentertained.

23.5 The Employer shall inform the bidders about the result of technical evaluation by uploading
on the web portal giving 7 days time for objections, if any, from the bidders. The Employer
shall finalise the evaluation of technical bids after due consideration of objections received
and intimate the bidders, whose Technical Bids are
foundresponsive,ofthedate,[Link],
ortheirrepresentative,mayattendthe eventofopeningofFinancial Bids.

23.6 Atthetimeoftheopeningofthe‘FinancialBid’,thenamesofthebidderswhosebidswerefoundrespons
[Link] only these bidders will
be opened. The responsive bidders’ names, the Bid prices, the
totalamountofeachbid,pursuanttoClause22andsuchotherdetailsastheEmployermayconsiderap
propriatewillbeannouncedbytheEmployeratthetimeofbidopening.

23.7 TheEmployershallpreparetheminutesoftheopeningoftheFinancialBids.

24. ProcesstobeConfidential

24.1 Information relating to the examination, clarification, evaluation, and comparison ofbids and
recommendations for the award of a contract shall not be disclosed to bidders or anyother
person not officially concerned with such process until the award to the successful
[Link]’sprocessingofbidsor
awarddecisionsmay result inthe rejection ofhisBid

25. ContactingtheEmployer

25.1 AnyeffortbytheBiddertoinfluencetheEmployerintheEmployer’sbidevaluation,bidcomparisonorc
ontractawarddecisionsmayresultintherejectionoftheBidders’bid.

26. ExaminationofBidsandDeterminationofResponsiveness

26.1 Duringthedetailedevaluationof“TechnicalBids”,theEmployerwilldeterminewhethereachBid
(a) meetstheeligibilitycriteriadefinedinClauses3and4;

(b) containstherequireddocumentsinphysicalformandthedocumentsuploadedbythebidderareinord
er;and

(c) [Link]
onofthe“Financial Bids”, the responsiveness of the Bids will be further determined with
respect to theremainingbidconditions,i.e.,billofquantities,Specificationsanddrawingsetc.

27. CorrectionofErrors

27.1 Financial Bids determined to be substantially responsive will be checked by

[Link]:

(a) Wherethereisadiscrepancybetweentheratesinfiguresandwords,theratesinwordswillgovern;and
27.2 TheamountstatedintheFinancialBidwillbecorrectedasperClause27.1andshallbebindinguponth
[Link],theBidshallberejectedandtheBid
Securityshallbeforfeited inaccordancewith Clause16.6(b).

21
28. EvaluationandComparisonofFinancialBids
28.1 TheEmployerwillevaluateandcompareonlythebidsdeterminedtobesubstantiallyresponsiveinacc
ordancewithClause26.
28.2 If the Bid of the successful Bidder is seriously unbalanced in relation to the Employer’s
estimate of the cost of work to be performed under the contract, the Employer may require
the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to
demonstrate the internal consistency of those prices with the construction methods and
schedule proposed. If, after evaluation of the price analyses, the Employer determines that
the bidder has substantially failed to demonstrate its capability to deliver the contract at the
offered price, the Employer may reject the bid/proposal.

F. AWARDOFCONTRACT

29. AwardCriteria

29.1 Subject to Clause 31, the Employer will award the Contract to the Bidder whose Bidhas been
determined to be substantially responsive according to the bidding documents
andwhohasofferedthe lowestevaluatedBid price.

30. Employer’sRighttoAcceptanyBidandtoRejectanyorallBids

30.1 Notwithstanding Clause 29, the Employer reserves the right to accept or reject anyBid, and
to cancel the bidding process and reject all bids, at any time prior to the award
ofContract,withouttherebyincurringanyliabilitytotheaffectedBidderorbiddersoranyobligationtoinf
ormtheaffectedBidder orbiddersofthe groundsfortheEmployer’s action.

31. NotificationofAwardandSigningofAgreement.

31.1 TheBidderwhoseBidhasbeenacceptedwillbenotifiedoftheawardbytheEmployerprior to
expiration of the Bid validity period by e-mail or facsimile confirmed by registered [Link]
letter (hereinafter and in the Part I General Conditions of Contract called the “Letter
ofAcceptance”) will state the sum that the Employer will pay to the Contractor in consideration
oftheexecution,completionandmaintenanceoftheWorks,andofroutinemaintenanceofroadsbyth
eContractorasprescribedbytheContract(hereinafterandintheContractcalledthe“Contract
Price”).
31.2 ThenotificationofawardwillconstitutetheformationoftheContract,subjectonlytothefurnishingofap
erformancesecurityinaccordancewiththeprovisionsofClause32.
31.3 The AgreementwillincorporateallagreementsbetweentheEmployerandthesuccessful Bidder. It
will be signed by the Employer and the successful Bidder after theperformancesecurity
isfurnished.
31.4 Upon furnishing of the Performance Security by the successful Bidder, the
EmployerwillpromptlynotifytheotherBiddersthattheirBidshavebeenunsuccessful.

32. Performance Security

32.1 Within 10 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall furnish to
the Authority in the form of Insurance Surety Bond, Account Payee Demand Draft, Banker’s
Cheque or irrevocable and unconditional guarantee e-Bank Guarantee or physical bank
guarantee from a Bank in the form set forth in Annex-II of section 4 (FORM OF BANK
GUARANTEE) for an amount equal to 3% (Three percent) of its Bid Price. As per Ministry
circular No. NH 37015/01/2022-H (Comp No. 208778) Dtd: 18.05.2022. In case of bids
mentioned below, the Selected Bidder, along with the Performance Security, shall also
22
 furnish to the Authority in the form of Insurance Surety Bond (issued by Insurance Regulatory
and Development Authority of India in the format at Appendix X , Account Payee Demand
Draft, Banker’s Cheque or an irrevocable and unconditional e-Bank Guarantee from a Bank
or physical bank guarantee in the format given at Annex-II of section 4 towards an Additional
Performance Security (the “Additional Performance Security”) for an amount calculated as
under.

(i) If the Bid Price offered by the Selected Bidder is lower than 20% of the estimated project
cost/cost put to tender, the Additional Performance Security shall be calculated @20% of
the difference in the (i) Estimated Project Cost (as mentioned in RFP) – 20% of the
Estimated Project Cost and (ii) the Bid Price offered by the selected Bidder.
(ii) Maximum limit of Additional Performance Security shall be limited to 3% of the Bid Price
offered by the Selected Bidder.
(iii) The Additional Performance Security shall be treated as part of the Performance
Security.
B. The acceptance of the guarantees shall also be subject to the conditions that the capital
adequacy of the Bank shall not be less than the latest norms prescribed by RBI.
C. The bank guarantee issued by a Cooperative Bank shall not be accepted.
32.2 The Performance Security shall be valid until 60 (sixty) days after the Defects Liability Period.
32.3 For avoidance of any doubt, in case of failure of submission of Performance Security within
the stipulated time period, the award shall be deemed to be cancelled/ withdrawn. Thereupon
all rights, privileges, claims and entitlements of the Contractor under or arising out of the
Award shall be deemed to have been waived by, and to have ceased with the concurrence of
the Contractor, and the Award shall be deemed to have been withdrawn by the Employer.
32.4 The agreement will be executed within 10 days of receipt of Performance Security.

33. Advances
33.1 TheEmployerwillprovideMobilization AdvanceasprovidedinPartIGeneralConditionsofContract.

G. CORRUPTORFRAUDULENTPRACTICES

34. CorruptorFraudulentPractices

34.1 The bidders and their respective officers, employees, agents and advisers shallobserve the
highest standard of ethics during the bidding process. Notwithstanding anything
tothecontrarycontainedherein,theEmployermayrejectanybidwithoutbeingliableinanymannerwh
atsoever to the bidder if it determines that the bidder has, directly or indirectly or through
anagent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable
practiceorrestrictive practiceinthe biddingprocess.
34.2 Without prejudice to the rights of the Employer under Clause 34.1 hereinabove, ifany bidder
is found by the Employer to have directly or indirectly or through an agent, engagedor
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practiceor
restrictivepractice during thebidding process,such biddershall notbe eligibleto
participateinanytenderissuedbytheEmployerduringaperiodof2(two)yearsfromthedatesuchbidd
erisfoundbytheEmployertohavedirectlyorindirectlyorthroughanagent,engagedorindulgedin any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictivepractice,asthe case may be.
34.3 For the purposes of this Clause 34, the following terms shall have the
meaninghereinafterrespectively assignedto them:
23
 a) “corruptpractice”meanstheoffering,giving,receiving,orsoliciting,directlyorindirectly,ofanythingo
fvaluetoinfluencetheactionsofanypersonconnectedwiththebiddingprocess(foravoidanceofdou
bt,offeringofemploymentto,oremploying,orengaginginanymannerwhatsoever,directlyorindire
ctly,anyofficialoftheEmployerwhoisorhasbeenassociatedinanymanner,directlyorindirectly,wit
hthebiddingprocessorhas dealt with matters concerning the Contract or arising therefrom,
before or afterthe execution thereof, at any time prior to the expiry of one year from the date
suchofficialresignsorretiresfromorotherwiseceasestobeintheserviceoftheEmployer,shall be
deemed to constitute influencing the actions of a person connected with thebidding
process); engaging in any manner whatsoever, whether during the
biddingprocessoraftertheawardoraftertheexecutionoftheContract,asthecasemaybe,any
person in respect of any matter relating to the Works, who at any time has beenor is a legal,
financial or technical adviser of the Employer in relation to any matterconcerningthe Works;
b) “Fraudulentpractice”meansamisrepresentationoromissionoffactsorsuppressionoffactsordiscl
osureofincompletefacts,inordertoinfluencethebiddingprocess;
c) “Coercive practice” means impairing or harming or threatening to impair or
harm,directlyorindirectly,anypersonorpropertytoinfluenceanyperson’sparticipationoractionint
he biddingprocess;
d) “Undesirablepractice”meansestablishingcontactwithanypersonconnectedwithoremployed or
engaged by the Employer with the objective of canvassing, lobbying
orinanymannerinfluencingorattemptingtoinfluencethebiddingprocess;and
e) “Restrictive practice” means forming a cartel or arriving at any understanding
orarrangementamongbidderswiththeobjectiveofrestrictingormanipulatingafullandfaircompetiti
on inthe biddingprocess.
TheEmployerrequirestheBidder/Contractortostrictlyobservethelawsagainstfraudandcorruptio
nenforcedinIndia,namelyPreventionofCorruptionAct,1988.

H. LABOURLAWSANDFUNDAMENTALBREACH

35. LabourLawsandRegulations

35.1 The Bidders shall be aware of the provisions of various Labour Laws,
RegulationsandWelfareMeasuresapplicableforConstructionWorkersinIndia,andotherobligation
sstatedinthe ConditionsofContract.

36. FundamentalBreachandotherobligations

36.1 The Bidders shall be aware of the provisions of Fundamental Breach and
otherobligationsstated inthe ConditionsofContract.

24
 AppendixtoITB

[THEEMPLOYERSHOULDCOMPLETETHISAPPENDIXBEFOR
EISSUING THEBID DOCUMENTS]

ITB Clause Reference

1.1) The Employer is the Executive Engineer National Highway Division, Lakhisarai At Munger

1.1)NameandidentificationnumberofWorksis Short Term Maintenance Work From Km. 5 th (P)

to Km. 37 th (P) of NH-133 E for the Year 2024-25 [(4.3. B(b) (i). ]
Thekeyequipmenttobedeployedoncontractwork.

Nameofthe Equipment Quantity

(Forbituminouspavementandearthwork)
[Link]
2. Deleted
3. Deleted
[Link] Roller (8/10 T) 1
5. Small Roller/Compactor 1
6. Bitumen/emulsion sprayer 1
7. Mechanical Broom (1250 sqm per hour) 1
8. Air compressor 2
9. Grader/Backhoe loader 1
10. Water Tanker 2
11. Dewatering Pumps 2
12 Tipper/dumper Truck 2
13 Mini hot mix plant (6/10 T/Hr capacity) 1
withindirectheatingarrangements
14. Deleted
15. Deleted

Note:The bidder must upload scanned copy of the documentary evidence in support of his
owning/leased/rented of the above equipment’s. In case the bidder proposes to hire or take the
aboveequipmentonlease,heshould,alongwiththelease/rentagreement,attachtheproofofownership
ofthisequipmentwiththecompany/entityfromwhomtheequipmentareproposedtobehiredonlease/re
nt. Any conditional evidence of deployment of above equipment or inadequate proof
asrequiredforanyoftheequipmentshallmakethebidnon-
responsiveandfinancialbidshallnotbeopened.

25
[4.3 B (b) (ii)] TheNumberofTechnicalPersonnel,QualificationsandExperiencewillbe
asfollows:

S. Personnel Qualification ParticularExperience(mini No.

No. mumrequirement) ofPerson
s
1 Project Manager Degree in 5yearsasProjectManageronH 1
CivilEngine ighway,Bridgeconstruction/M
ering aintenanceworks

2 SiteEngineer-cum- Degree in 4yearsonHighwayConstructio 1

SurveyorEngineercumMa CivilEngine n/Maintenanceworks
terial Engineer ering

Note:The signed CVs must be uploaded along with the bid. Non-compliance of the above or non-
furnishingoftheCVasaboveorconditionaldeploymentofanyoftheabovepersonnelorproposaltoemplo
ylessernumberofpersonnelthanaboveshallmakethebidnon-responsiveandfinancialbidshall
notbeopened.

[9.2.1]-Pre-bidmeetingshallbeheldas per NIT

26
 Format of Curriculum Vitae (CV) For Proposed Key Staff
Photo

1. Proposed Position :

2. Name of Staff :

3. Date of Birth : (Please furnish proof of age)

4. Nationality :

5. Educational Qualification:
(Summarize college/university and other specialized education of staff member, giving names of schools,
dates attended and degrees obtained).
(Please furnish proof of qualification)

Contact Address with Phone and Mobile numbers:

6. Membership of Professional Societies:

7. Publication :
(List of details of major technical reports/papers published in recognized national and international
journals)

8. Employment Record:
(Starting with present position, list in reversed order, every employment held. List of all positions held
bystaff member since graduation, giving dates, names of employing organization, title of positions held
and locations of assignments. For experience period of specific assignment must be clearly
mentioned, also given client references, where appropriate).

9. Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall be precise and accurate. The
information in the summary will have bearing on the evaluation of the CV).

A) Education:
(i) Field of Diploma/Graduation and year
(ii) Field of Post Graduation and year
(iii) Any other specific qualification

B) Experience
(i) Total experience in highways: Years
(ii) Responsibilities held:
a) Years
b) Years
c) Years
(iii) Relevant Experience: Years

C) Permanent Employment with the Firm (Yes/No):

If yes, how many years:
If no, what is the employment Arrangement with Firm?

Certification:
27
 1. I am willing to work on the project and I will be available for entire duration of the project
assignment and I will not engage myself in any other assignment during the currency of this
assignment on the project.
2. I, the undersigned, certify that to the best of my knowledge and belief, this bio-data correctly
describes me, my qualification and my experience.

Signature of the Candidate

Place:
Date:

Signature of the Authorized Representative of the firm

Place:
Date:

Note: Each page of the CV shall be signed in ink by both the staff member and the Authorized
Representative of the firm.

28
 SECTION -3

QUALIFICATIONINFORMATION
 SECTION -
3QUALIFICATIONINFORMATION

TheinformationtobefilledinbytheBidderinthissectionanddocumentssubmittedinphysical .form will be used

for the purposes of post qualification as provided for in Clause 4 of
[Link].

31
 Annex-I of Section-3
QUALIFICATIONINFORMATION

1. ForIndividualBidders

1.1 a) YearofConstitution
b) LegalstatusofBidder(Proprietorship/[Link])
[Uploadscannedcopyoforiginal]
c) Placeofregistration:
d) Principalplaceofbusiness:

1.2 PowerofAttorneyofsignatoryofBid[UploadscannedcopyandalsosupplyOriginal
copyinenvelopeofphysicalform]]

1.3 TotalvalueofCivilEngineeringconstructionand/ormaintenanceworksperformedinthelastthree years

(in [Link]).
ReferITBClause4.4A(a)

(UploadscannedcopiesofcertificatefromCharteredAccountantandalsosupplyoriginalcertificatefrom
CharteredAccountant)

Year Totalvalueofworkperformed([Link])

2020-21

2021-22

2022-23

32
 1.4 (a)Workperformedasprimecontractor/JVpartnerprovidedfurtherthatallotherqualificationcriteriaares
atisfied(inthesamename)ofasimilarnatureduringthelastfiveyearsasperITB Clause4.3A(b).

Project Name Description Value Date Stipulatedp Actual Remarkse

Name ofthe ofwork ofContra ofissue eriod dateof xplainingre
Employer* ct(Rs. of ofcompletio completion* asonsford
inLac) workor n elayin
der
workCompl
eted

*Uploadcertificate(s)fromtheEmployer(tobegivenbyanofficernotbelowtherankofExecutiveEnginee
r or equivalent or higher and also supply original or certified copy in physical formenvelope)

Note:In case of sub-contractor–a certificate from the Executive Engineer or equivalent of

thePrime Employer should be obtained from whom an approval for subcontractor has
beenobtained.

1.4 (b) InformationonBidCapacity(worksforwhichbidshavebeensubmittedandacceptedand works which

are yet to be completed) as on the date 7 days before the last date for bidsubmission(as per
Clause4.4 ofthe ITB).
(i) Existingcommitmentsandon-goingworks(B)

Descriptio Place& Contrac Name Value Stipulate Value Escalatio Anticipate Escalatedvalue
nofwork State tNo. &Address ofContr dPeriod ofworks* nfacto ddate of remaining
ofEmploy act(Rs ofComplet remainin r ofcomplet workduring
er Cr) ion gto ion completionperio
becompl d of work
eted(Rs forwhich bids
Cr) areinvited
1 2 3 4 5 6 7 8 9 10

33
 * Uploadcertificate(s)fromtheEngineer(s)-in-
ChargeoftherankofExecutiveEngineerorequivalent&alsosupplyoriginalorcertifiedcopyofcertificatei
nphysicalformenvelope.
(ii) Details ofworks forwhichbid submittedandaccepted ([Link] signingispending)

Descriptio Place&State Name & Dateofissue Value given Stipulated Value of work
nofworks AddressofE of Letter inLOA periodforcom duringcompletion
mployer ofAcceptan pletion period ofwork for
ce(LOA)* which bids
areinvited
1 2 3 4 5 6 7

* UploadcopyofLOA

(iii) BidCapacity(Biddershallcalculate,mentionhisbidcapacityandenclosethesupporting
calculation)
A = Rs. ................ lakh(enclosethedetails)
N = ............................years
B = Rs. ................ lakh(enclosethedetails)
availablebidcapacity= AxNx2.5 –B

= Rs. ...............lakhs

1.5 AvailabilityofKeyEquipmentessentialforcarryingouttheWorks[Ref.Clause4.3(B)(i)].TheBiddershould
listalltheinformationrequestedbelow.

Item Requirement AvailabilityProposals Page No of

ofEquipme theproofattache
nt d
No. Capacity Owned/Leasedr Age/Condi
ented tion

Note:Thebiddermustuploadthedocumentaryevidenceinsupportofhisowning/leased/rentedof the
above equipment. In case the bidder proposes to hire or take the above
equipmentonlease,heshould,alongwiththelease/rentagreement,attachtheproofofownershi
pof these equipment with the company/entity from whom the equipment are proposed
34
 tobe hired on lease/rent. Any conditional evidence of deployment of above equipment
orinadequate proof as required for any of the equipment shall make the bid non-
responsiveandfinancial bid shallnot be opened.

1.6 QualificationandExperienceofKeyPersonnelrequiredforadministrationandexecutionoftheContract[Re
f.Clause4.3(B)(b)(ii)].Uploadbiographicaldatafortechnicalpersonnel(Refer alsoto
Clause.4.1(e) of InstructionstoBidders).
(ReferalsotoSubClause9.1oftheGeneralConditionsofContract).

Position Name Qualification Total Experience in

ProfessionalExperie theproposed
nce(Years) position(Years)

Note : The signed CVs of the Technical Personnel must be uploaded along with the bid. Non-
compliance of the above or non-furnishing of the CV as above or conditional
deploymentof any of the above personnel or proposal to employ lesser number of
personnel thanaboveshallmakethebid non-responsiveandfinancialbidshallnotbe opened.

1.7 InformationonlitigationhistoryinwhichtheBidderisinvolved.

Other Party Employer Cause Amount Remarks

ofDisput involved(Rs showingPresent
e lakh) Status

2. Biddersshoulduploadthescannedcopyofthefollowingaffidavits/undertakingsasperformatsenclosedhere
inafterandalsosendoriginalcopyofAffidavit/Undertakings:-
i) Affidavit(itshouldbeonstamppaperattestedbyNotaryPublic)
ii) Undertakingregardingavailabilityofminimumcashamountingto25%ofthevalueofworkduringimpl
ementationoftheContracttowardsworkingcapital.
iii) UndertakingthattheBidsshallremainvalidfortheperiodspecifiedinClause15.1.

35
 Annex-II of Section-3
AFFIDAVIT

1. I, the undersigned, do hereby certify that all the statements made in the
enclosedattachmentsaretrue andcorrect.

2. TheundersignedalsoherebycertifiesthatneitherourfirmM/s
have abandoned any work in India nor any
contractawardedtousforsuchworkshavebeenrescinded,duringlastfiveyearspriortothedateofthisbid.

3. Theundersignedhereby Authorise(s)andrequest(s)anybank,person,firmorcorporation to
furnish pertinent information deemed necessary and requested by the Employertoverify this
statementorregarding ourcompetenceandgeneralreputation.

4. The undersigned understands and agrees that further qualifying information may
berequested,andagreestofurnishanysuchinformationattherequestoftheEmployerandwithintheprescribedt
ime.

(SignedbyanAuthorisedRepresentativeoftheFirm)

NameoftheRepresentative

NameofFirm

Date

TobenotarizedbyNotary

36
 Annex-III of Section-3
UNDERTAKING

I,theundersigneddoherebyundertakethatourfirmM/s
shallmaintainavailabilityofminimumcashamountingto25%ofthevalueoftheworkduringimplementationofthe
Contracttowardstheworkingcapital.

(SignedbyanAuthorisedRepresentativeoftheFirm)

NameoftheRepresentative

NameofFirm

Date

37
 Annex-IV of Section-3
UNDERTAKING

I,theundersigneddoherebyundertakethatourfirmM/s
agreetoabidebythisbidforaperiodof
daysafterthedatefixedforreceiving the same and it shall be binding on us and may be
accepted at any time before theexpirationofthat period.

(SignedbyanAuthorisedRepresentativeoftheFirm)

NameoftheRepresentative

NameofFirm

Date

38
 SECTION-4

FORMSOFBANKGUARANTEES
LETTEROFACCEPTANCE(LOA)ANDAGREEMENT
 SECTION-4

FORMSOFBANKGUARANTEES
LETTEROFACCEPTANCE(LOA)ANDAGREEMENT

Annex-I of Section 4

FORMOFBANKGUARANTEEFORBIDSECURITY

B.G. No. Dated:

1. In consideration of you, Executive Engineer, National Highway Division, Bhagalpur, At Ganga
Bridge Campus, Zeromile, Bhagalpur-813210 (hereinafter referred to as the “Authority”, which
expression shall unless it be repugnant to the subject or context thereof include its, successors
and assigns) having agreed to receive the BID of ……………………..…………………… and
having its registered office at ……………………… (and acting) (hereinafter referred to as the
“Bidder” which expression shall unless it be repugnant to the subject or context thereof include
its/their executors, administrators, successors and assigns), for the*** ** Project on Percentage
basis (hereinafter referred to as “the Project”) pursuant to the Document dated ……………
issued in respect of the Project and other related documents including without limitation the
draft contract Agreement (hereinafter collectively referred to as “Bidding Documents”), we
(Name of the Bank) having our registered office at ………………… and one of its branches at
…………………….. (hereinafter referred to as the “Bank”), at the request of the Bidder, do
hereby in terms of Clause 16, (ITB) of the Document, irrevocably, unconditionally and without
reservation guarantee the due and faithful fulfilment and compliance of the terms and
conditions of the Bidding Documents (including the RFP Document) by the said Bidder and
unconditionally and irrevocably undertake to pay forthwith to the Authority an amount of Rs. ***
** (Rupees *** ** only) (hereinafter referred to as the “Guarantee”) as our primary obligation
without any demur, reservation, recourse, contest or protest and without reference to the
Bidder if the Bidder shall fail to fulfil or comply with all or any of the terms and conditions
contained in the said Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in default of the due
and faithful fulfilment and compliance with the terms and conditions contained in the Bidding
Documents shall be final, conclusive and binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable under
this Guarantee without any demur, reservation, recourse, contest or protest and without any
reference to the Bidder or any other person and irrespective of whether the claim of the
Authority is disputed by the Bidder or not, merely on the first demand from the Authority stating
that the amount claimed is due to the Authority by reason of failure of the Bidder to fulfil and
comply with the terms and conditions contained in the Bidding Documents including failure of
the said Bidder to keep its BID open during the BID validity period as set forth in the said
Bidding Documents for any reason whatsoever. Any such demand made on the Bank shall be
conclusive as regards amount due and payable by the Bank under this Guarantee. However,
our liability under this Guarantee shall be restricted to an amount not exceeding Rs. ***
**(Rupees *** ** only).

4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one hundred
and eighty) days from the BID Due Date inclusive of a claim period of 60 (sixty) days or for
such extended period as may be mutually agreed between the Authority and the Bidder, and

41
 agreed to by the Bank, and shall continue to be enforceable till all amounts under this
Guarantee have been paid. 64

5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to whether
the Bidder is in default of due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents including, inter alia, the failure of the Bidder to
keep its BID open during the BID validity period set forth in the said Bidding Documents, and
the decision of the Authority that the Bidder is in default as aforesaid shall be final and binding
on us, notwithstanding any differences between the Authority and the Bidder or any dispute
pending before any Court, Tribunal, Arbitrator or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding up of the
Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with
any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank as
the principal debtor. The Authority shall have the fullest liberty without affecting in any way the
liability of the Bank under this Guarantee from time to time to vary any of the terms and
conditions contained in the said Bidding Documents or to extend time for submission of the
BIDs or the BID validity period or the period for conveying acceptance of Letter of Award by the
Bidder or the period for fulfilment and compliance with all or any of the terms and conditions
contained in the said Bidding Documents by the said Bidder or to postpone for any time and
from time to time any of the powers exercisable by it against the said Bidder and either to
enforce or forbear from enforcing any of the terms and conditions contained in the said Bidding
Documents or the securities available to the Authority, and the Bank shall not be released from
its liability under these presents by any exercise by the Authority of the liberty with reference to
the matters aforesaid or by reason of time being given to the said Bidder or any other
forbearance, act or omission on the part of the Authority or any indulgence by the Authority to
the said Bidder or by any change in the constitution of the Authority or its absorption, merger or
amalgamation with any other person or any other matter or thing whatsoever which under the
law relating to sureties would but for this provision have the effect of releasing the Bank from
its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or
made if addressed to the Bank and sent by courier or by registered mail to the Bank at the
address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us addressed to

[name of Bank along with branch address] and delivered at our above branch which shall be
deemed to have been duly authorised to receive the said notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable against
the Bank, notwithstanding any other security which the Authority may have obtained from the
said Bidder or any other person and which shall, at the time when proceedings are taken
against the Bank hereunder, be outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with
the previous express consent of the Authority in writing. 12. The Bank declares that it has
power to issue this Guarantee and discharge the obligations contemplated herein, the
undersigned is duly authorised and has full power to execute this Guarantee for and on behalf
of the Bank.
42
13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to Rs.
*** crore (Rupees *** ** crore only). The Bank shall be liable to pay the said amount or any part
thereof only if the Authority serves a written claim on the Bank in accordance with paragraph 9
hereof, on or before [*** (indicate date falling 180 days after the BID Due Date)].

14. This guarantee shall also be opera table at our………………. Branch at Bhagalpur, from
whom, confirmation regarding the issue of this guarantee or extension / renewal thereof shall
be made available on demand. In the contingency of this guarantee being invoked and
payment thereunder claimed, the said branch shall accept such invocation letter and make
payment of amounts so demanded under the said invocation.

15. The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging
System) platform & shall invariably send an advice of this Bank Guarantee to the designated
bank of [Ministry/NHAI/NHIDCL/State PWD/BRO], details of which is as under

SL No Particular Details
Executive Engineer,
1 Name of Beneficiary National Highway Division, Bhagalpur

2 Name of Bank State Bank of India

3 Account No. 39821104259 (Current Account)

4 IFSC Code SBIN0000037

Signed and delivered by ………………………. Bank

By the hand of Mr./Ms ……………………., its …………………. and authorised official.

(Signature of the Authorised Signatory)

(Official-Seal)

43
 Annex-II of Section 4
FORMOFBANKGUARANTEEFORPERFORMANCESECURITY

FORM OF BANK GUARANTEE

[Performance Security/Additional Performance Security]

To,
The Executive Engineer,
National Highway Division,
Bhagalpur

WHEREAS________________________________________[name and address of Contractor]

(hereafter called the “Contractor”) has undertaken, in pursuance of Letter of Acceptance (LOA)
No. _______________Dated_____________ for construction of
________________________________[name of the Project] (hereinafter called the “Contract”).

AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under and in
accordance with the Contract, during the {Construction Period/ Defects Liability Period and
Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee
Amount” 3).
AND WHEREAS we, …………………..through our branch at …………………. (the “Bank”) have
agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms
as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of
the Contractor’s obligations during the {Construction Period/ Defects Liability Period and
Maintenance Period} under and in accordance with the Contract, and agrees and undertakes to
pay to the Authority, upon its mere first written demand, and without any demur, reservation,
recourse, contest or protest, and without any reference to the Contractor, such sum or sums up
to an aggregate sum of the Guarantee Amount as the Authority shall claim, without the Authority
being required to prove or to show grounds or reasons for its demand and/or for the sum
specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank of [Superintending
Engineer of Ministry of Road Transport & Highways], that the Contractor has committed default
in the due and faithful performance of all or any of its obligations under and in accordance with
the Contract shall be conclusive, final and binding on the Bank. The Bank further agrees that the
Authority shall be the sole judge as to whether the Contractor is in default in due and faithful
performance of its obligations during and under the Contract and its decision that the Contractor
is in default shall be final and binding on the Bank, notwithstanding any differences between the
Authority and the Contractor, or any dispute between them pending before any court, tribunal,
arbitrators or any other authority or body, or by the discharge of the Contractor for any reason
whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the Bank were
the principal debtor and any change in the constitution of the Contractor and/or the Bank,
44
 whether by their absorption with any other body or corporation or otherwise, shall not in any way
or manner affect the liability or obligation of the Bank under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Contract or to extend
the time or period for the compliance with, fulfillment and/ or performance of all or any of the
obligations of the Contractor contained in the Contract or to postpone for any time, and from
time to time, any of the rights and powers exercisable by the Authority against the Contractor,
and either to enforce or forbear from enforcing any of the terms and conditions contained in the
Contract and/or the securities available to the Authority, and the Bank shall not be released from
its liability and obligation under these presents by any exercise by the Authority of the liberty
with reference to the matters aforesaid or by reason of time being given to the Contractor or any
other forbearance, indulgence, act or omission on the part of the Authority or of any other matter
or thing whatsoever which under any law relating to sureties and guarantors would but for this
provision have the effect of releasing the Bank from its liability and obligation under this
Guarantee and the Bank hereby waives all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or security now or
which may hereafter be held by the Authority in respect of or relating to the Contract or for the
fulfillment, compliance and/or performance of all or any of the obligations of the Contractor
under the Contract.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee
is restricted to the Guarantee Amount and this Guarantee will remain in force for the period
specified in paragraph 8 below and unless a demand or claim in writing is made by the Authority
on the Bank under this Guarantee all rights of the Authority under this Guarantee shall be
forfeited and the Bank shall be relieved from its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on 7 (Seven) years from the date of
issuance of this Guarantee. Unless a demand or claim under this Guarantee is made in writing
before expiry of the Guarantee, the Bank shall be discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the Authority in writing, and declares and warrants that it has the power to
issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed
to the Bank at its above referred branch, which shall be deemed to have been duly authorized to
receive such notice and to effect payment thereof forthwith, and if sent by post it shall be
deemed to have been given at the time when it ought to have been delivered in due course of
post and in proving such notice, when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an officer of the Authority
that the envelope was so posted shall be conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain in force and effect
for up to the date specified in paragraph 8 above or until it is released earlier by the Authority
pursuant to the provisions of the Contract.

12. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
45
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a) is
hereby excluded. Signed and sealed this ………. day of ……….., 20……… at ……….. SIGNED,
SEALED AND DELIVERED For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

46
 Annex-III of Section 4
FORMOFLETTEROFAPPLICATION

To,
Executive Engineer, National Highway Division,
Bhagalpur,

DESCRIPTION OF WORKS : Bid for Short Term Maintenance Work From Km. 5th(P) to Km.
37th (P) of NH-133 E for the Year 2024-25 in percentage rate basis.

Dear Sir,

Having examined the Bid Document, Instructions to Bidders, Qualification Information, Scope of works,
etc. for the subject work we hereby submit our bid for the subject work.

It is certified that the information furnished in this document is true and correct. The proposal
isunconditional and unqualified. We undersigned accept that the Employer reserves the right
torejectanyorallapplicationswithoutassigninganyreason.

Thanking you,

Yoursfaithfully,

(Authorized Signatory)

ForandonbehalfofM/s

47
 Annex-IV of Section 4
FORMOFLETTEROFACCEPTANCE

No.…………………………. Dated………………..….

To

M/s………………………….

Sub.:………………………….NameofWork…………………………………

Sir,

Basedonyourbidsubmittedon
....................................................................... incomplianceofbiddingdocumentof[theEmployer]forexecuti
on of the works of ........................................... ,itis
herebynotifiedthatyourbidforaContractPriceofRs……………(Rupeesinwords…
.................................................................. )hasbeenacceptedforandonbehalfof[theEmployer]
YouareherebyrequestedtofurnishPerformanceSecurityplusadditionalsecurityintheform detailed in
Clause 32.2 of ITB for an amount equivalent to Rs…………… (Rupees
inwords…)within10daysasperprovisionsofClause32.1ofITBofthebiddocumentand
sign the contract agreement failing which the actions as stipulated in Clause-32.3 of ITB shallbetaken.

Thanking you,
Yoursfaithfully,

(………………..)E
mployer

48
 Annex-V of Section 4
FORMOFAGREEMENT

AGREEMENT

This agreement made the day of between the

–––––––––––––––––––––––––––––––––---––––––––––––––––––––––––––––––––––––––––––––-
(hereinaftercalled“theEmployer”oftheonepartand
(hereinafter called “the Contractor”)of the other part.

ANDWHEREAStheEmployerinvitedbidsfromeligiblebiddersfortheexecutionofcertainworks,viz……………
…………………………………

ANDWHEREASpursuanttothebidsubmittedbytheContractor,vide
(herein after referred to as the “BID” or “ÖFFER”) for the
execution of works, the Employer by hisletterofacceptancedated
accepted the offer submitted by the Contractor for
theexecution and completion of such works and remedying of any defects thereon, on terms
andconditionsinaccordancewiththedocumentslistedinPara2below.

ANDWHEREAStheContractorbyadeedofundertakingdated has agreed to abideby

all the terms of the bid, including but not limited to the amount quoted for the execution ofContract, as
stated in the bid, and also to comply with such terms and conditions as may berequired from time to
time.

AND WHEREAS the Contractor has agreed to undertake such works and has furnished
aPerformanceSecurity pursuantto Clause32 ofITB (Section-2).

NOWTHISAGREEMENTWITNESSETH asfollows:
1. Inthisagreement,wordsandexpressionsshallhavethesamemeaningasarerespectivelyassigne
dtothemintheconditionsofcontracthereinafterreferredto;

2. Thefollowingdocumentsshallbedeemedtoformandbereadandconstruedaspart
ofthisagreementviz.
a) Agreement;
b) LetterofAcceptance;
c) Contractor’sBid;
d) ContractData;
e) GeneralConditionsofContract;
f) AddendumtoGeneralConditionsofContract;
g) RoadMaintenanceStandardsandSpecificationsforRoadMaintenanceWorks;
h) Drawings,ifany;
i) BillofQuantities;and
j) AnyotherdocumentlistedintheContractData.

49
 3. Theforegoingdocumentsshallbeconstruedascomplementaryandmutuallyexplanatory one
with another. Should any ambiguity or discrepancy be noted, thenthe order of precedence
of these documents shall be subject to the order as
listedaboveandinterpretedintheaboveorderofpriority.

4. In consideration of the payments to be made by the Employer to the Contractor

ashereinaftermentioned,theContractorherebycovenantswiththeEmployertoexecuteand
complete the works and remedy any defects therein in conformity in all respectswiththe
provisionsofthe contract.

5. TheEmployerherebycovenantstopaytheContractorinconsiderationoftheexecutionand
completion of the works and remedying of defects therein, the Contract Price orsuch other
sum as may become payable under the provisions of the contract at thetimesandinthe
mannerprescribedbythe contract.
IN WITNESS WHEREOF the parties here to have caused this agreement to be executed theday and
year above written. Signed, sealed and delivered by the said Employer through
hisAuthorizedRepresentativeandthesaidContractorthroughhisPowerofAttorneyholder.

BindingSignature of Employer BindingSignatureofContractor

Forandonbehalfof ForandonbehalfofM/s----------------------

Inthepresenceof Inthe Presenceof

1. Name: [Link]:
Address: Address:

2. Name: [Link]:
Address: Address:

50
 SECTION -5

GENERALCONDITIONSOFCONTRACT(GCC)ANDCONTRACTDATA
 SECTION 5

GENERALCONDITIONSOFCONTRACT(GCC)

TABLEOFCLAUSES

A. General 31. CorrectionofDefectsnoticedduringthe

DefectsLiabilityPeriod
1. Definitions 32. UncorrectedDefects
2. Interpretation D. CostControl
3. LanguageandLaw 33. BillofQuantities
4. Engineer’sDecisions 34. ChangesintheQuantities
5. Delegation 35. Variations
6. Communications 36. PaymentsforVariations
7. Subcontracting 37. CashFlowForecasts
8. OtherContractors 38. PaymentCertificates
9. PersonnelandEquipment 39. Payments
10. Employer’sandContractor’sRisks 40. CompensationEvents
11. Employer’sRisks 41. TaxesandCurrenciesforPayments
12. Contractor’sRisks 42. SecurityDeposit/RetentionMoney
13. Insurance 43. LiquidatedDamages
14. SiteInvestigationReports 44. Advance Payments
15. QueriesabouttheContractData 45. Performance Security
16. ContractortoConstructtheWorks 46. CostofRepairs
17. TheWorkstobecompletedbyIntendedCo The E. FinishingtheContract
mpletionDate
18. Approvalbythe Engineer 47. Completion
19. SiteRegulationsandSafety 48. TakingOver
20. Discoveries 49. FinalAccount
21. Possessionofthe Site 50. OperationandMaintenanceManual
22. Access to the Site 51. Termination
23. Instructions 52. PaymentuponTermination
24. ProcedureforDisputeResolution 53. Property
B. TimeControl 54. ReleasefromPerformance
25. Programme
26. ExtensionoftheIntendedCompletionDate F. OtherConditionsofContract

27. Delaysorderedbythe\Engineer 55. Labour

28. Management Meetings 56. CompliancewithLabourRegulations
C. QualityControl 57. DrawingsandPhotographsoftheWorks
29. IdentifyingDefects 58. TheApprenticesAct,1961
30. Tests

51
 [Link]

1. Definitions
1.1 TermswhicharedefinedintheContractDatabutnotdefinedintheConditionsofContractkeeptheirdefined
[Link].
Bill of Quantities means the priced and completed Bill of Quantities forming part of
theContractor’sBid.

CertificateofCompletionistheCertificateissuedbytheEngineeruponcompletionofworksorp
arts thereof as applicable in accordance with Clause
47.CompensationEventsarethosedefinedinClause40.
Contract is the Contract between the Employer and the Contractor to maintain the road
assetsand to execute, complete, and maintain the Works. It consists of the documents listed
inClause2.3.

ContractDatadefinesthedocumentsandotherinformation,whichcomprisetheContract.

ContractorisapersonorcorporatebodywhoseBidtocarryouttheRoadMaintenanceWorksandActivitie
s hasbeenacceptedbythe Employer.

Contractor’s Bid is the completed Bidding Document submitted by the Contractor to

theEmployer.

Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted
inaccordancewiththeprovisionsoftheContract.
Daysarecalendardays;monthsarecalendarmonths.

DefectisanypartoftheMaintenanceWorksand
ActivitiesnotcompletedinaccordancewiththeContractSpecifications.

DefectsLiabilityCertificateisthecertificateissuedbytheEngineer,aftertheDefectsLiability
PeriodhasendedanduponcorrectionofDefectsbytheContractor.

Defects Liability Period means the period so stipulated in the Contract Data, calculated
fromtheCompletionDate,duringwhichtheContractorremainsresponsiblefortherectificationofanydefe
ctinthe Workshehasundertaken.

EmployeristhepartyasdefinedintheContractData,whoemploystheContractortocarryoutthe Works.
The Employer may delegate any or all functions to a person or body nominated byhimfor specified
functions.

Engineer is the person named in the Contract Data (or any other competent person appointedby
the Employer and notified to the Contractor, to act in replacement of the Engineer) who
isresponsibleforsupervisingtheexecutionoftheWorksandadministeringtheContractonbehalfofthe
Employer.
EquipmentistheContractor’smachineryandvehiclesbroughttemporarilytotheSitetoexecutetheMaint
enance WorksandActivities.

52
IntendedCompletionDateisthedate,asgivenincontractdata,onwhichitisintendedthattheContractors
[Link] may be revised
only by the Engineer by issuing an Extension of Time after approval fromtheEmployer.

LetterofAcceptancemeanstheformalacceptanceoftheBidbytheEmployer.
Materials are all supplies, including consumables, used by the Contractor for incorporation
intheMaintenance WorksandActivities.

MaximumResponseTimemeansthemaximumpermissibletimewithinwhichremedialactionmust be
completed prior to a defect exceeding the permissible tolerance. Maximum
ResponseTimecommencesfromthetimeofearliestdetectionofthedefectby(i)observationofthedefectb
ytheContractor,or(ii)notificationofthedefectbytheEngineer,or(iii)intimationofthedefectbyaroad user.

Notice to Proceed means the notice issued by the Employer to the Contractor to proceed
withtheworkaftersigning ofthe contractpursuantto Clause32.1 ofITB.

Permissible Tolerance means the maximum permissible amount or quantity of a defect inroad-
[Link],itshall
betreatedas“non-compliance”andtheContractorshallbepaidinaccordancewiththe relevant
provisionsinthis contract.
Project Manager is a person appointed by the Contractor who is in charge of managing
[Link]’sRepresentativeforthepurpose
ofthis Contract.

Road means the Road or package of roads in network or scattered for which the
MaintenanceWorksandActivitiesaretobecarried outundertheContract.

“RoadAssets”includethefollowing:
i) Maincarriagewaywithshoulders(pavedand/orearthen),medians,sliproads,service
roads;
ii) Roadembankmentincludingslopes,protectionworks,kerbsandchutedrains;
iii) Roadwayincuttingincludingslopesprotectionworks,drains;
iv) Culverts,Bridges,Over/Underpasses,retainingwalls,Guidebunds,Floorprotectionworks;
v) Roadsigns,roadmarkings,roaddelineators,guardrails,safetybarriers,railings,fencings,pa
rapets,kilometrestones,200mstones,roadboundarystones;
vi) Alltypesofdrains,trees,plantationsanderosioncontrolmeasures;
vii) Roadland;
viii) Anyotherprojectfacilityorassetformingintegralpartoftheroad(s).
Road Maintenance Standards is the collective term for parameters which define the
conditioninwhichtheroadassetsarerequiredtobemaintainedandotherrequirementsregardingsafetya
ndqualityofworksto becompliedwithbythe Contractor.

53
RoadMaintenanceWorksandActivitiestobecarriedoutbyContractorshallinclude:
Maintenance of the road specified in the BOQ and executing other items of road maintenance works as
ordered by the Engineer.
RectificationStandard
The Contractor shall maintain the specific parts of the road aspects as specified in BOQ or as ordered by
Engineer in charge and ensure road users safety and comfort. The maintenance activities shall be so
planned that the defects are repaired well before they reach maximum condition as per the permissible
tolerance SiteistheareadefinedassuchintheContractData,wheremaintenanceworksaretobe
executed.
SpecificationsmeanstheSpecificationsoftheMaintenanceWorksincludingtheRoadMaintenanceStandards
aspertheContract.
Start Date is given in the Contract Data. It is the date when the Contractor shall
commenceexecutionofthe Works.
ServiceLevelmeansthedefinedconditioninwhichtheroadassetsaretobemaintainedbytheContractor.

Sub-Contractor is a person or corporate body who has a Contract with the Contractor to
carryoutaworkundertheContract,whichincludespartoftheagreedscopeofworksattheSite.
Temporary Works are works designed, constructed, installed and removed by the
Contractorthatareneededfor WorksandActivities.
Time for Completion means the duration for completing the execution of maintenance
worksandpassingthetestsoncompletionoftheWorksoranySectionorpartthereofasstatedintheContractData
orasextendedbytheEngineerbyissuinganExtensionofTimeaftertheapprovalfromthe Employer.
VariationisaninstructiongivenbytheEngineerinwritingwhichvariesthescopeofMaintenanceWorks.
WorkOrderisanorderissuedbytheEngineertotheContractorforexecutionofcertainworks,specifyingthetimel
imitswhichmaybeinvariancewiththeapprovedprogrammeorinvariationtothe scope
ofworkdependinguponthe site requirement.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male
[Link] their
normal meaning under the language of the Contract Unless specifically defined.
TheEngineerwillprovideinstructionsclarifyingqueriesabouttheseConditionsofContract.

2.2 If part completion is specified in the Contract Data, references in the Conditions
ofContracttotheWorks,theCompletionDateandtheIntendedCompletionDateapplytoanypartof the
Works (other than references to the Completion Date and Intended Completion Date
forthewholeofWorks).

54
2.3 The following documents shall be deemed to form and be read and construed aspart of the
Contract. In case any ambiguity or discrepancy is noted, then the Contract shall
beinterpretedinthe followingorderofpriority:
• Agreement;
• NoticetoProceedwiththeWork;
• LetterofAcceptance;
• Contractor’sBid;
• ContractData;
• GeneralConditionsofContract;
• RoadMaintenanceStandardsandSpecificationsforRoadMaintenanceWorksPartI andPart Il;
• PricedBillofQuantities;and
• AnyotherdocumentslistedintheContractData.
3. LanguageandLaw

3.1 The language of the Contract shall be in English and the law governing the
ContractasgiveninContractData.

4. Engineer’sDecisions

4.1 The Employer shall designate and notify to the Contractor in writing the name of theEngineer.
4.2 Except where otherwise specifically stated, the Engineer will decide contractualmatters between
the Employer and the Contractor in the role representing the Employer. TheEngineer shall have
no authority to relieve the Contractor of any of his obligations under theContract.

5. Delegation

5.1 The Engineer, duly informing the Employer, may delegate any of his duties andresponsibilities to
other people, after notifying the Contractor and may cancel any delegationunderintimationtothe
Contractor.

6. Communications

6.1 Communications between parties that are referred to in the Conditions shall beeffective only when
in writing. A notice shall be effective only when it is delivered as per IndianLaw.

7. Subcontracting

7.1 TheContractormaysubcontractanyportionofwork,uptoalimitspecifiedinContractData,withtheapprova
loftheEngineerbutmaynotassigntheContractwithouttheapprovalof the Employer in writing.
Subcontracting shall neither alter the Contractor’s obligations,
norrelievetheContractorfromanyliabilityorobligationundertheContract.

55
7.2 TheContractorshallnotberequiredtoobtainanyconsentfromtheEmployerfor:
a) thesub-contractingofanypartoftheWorksforwhichtheSub-Contractorisnamedinthe
Contract;
b) theprovisionforlabour,orlabourcomponent;
c) thepurchaseofMaterialswhichareinaccordancewiththestandardsspecifiedintheContract.

7.3 Beyond what has been stated in Clauses 7.1 and 7.2, if the Contractor proposessub-
contractingofanypartofworkduringexecutionoftheWorks,becauseofsomeunforeseencircumstancest
oenablehimtocompletetheWorksaspertermsoftheContract,theEmployerwillconsider thefollowing
beforeaccordingapproval:
a) TheContractorshallnotsub-contractthewholeofWorks.
b) TheContractorshallnotsub-contractanypartoftheWorkwithoutpriorconsentof the
Employer. Any such consent shall not relieve the Contractor from anyliability or
obligation under the Contract and he shall be fully responsible for
theacts,defaultsandneglectsofanyofhissub-Contractor,hisagentsorworkmenas if they
were the acts, defaults or neglects of the Contractor, his agents andworkmen.

7.4 TheEngineershouldsatisfyhimselfbeforerecommendingtotheEmployerwhether
a) thecircumstanceswarrantsuchsub-contracting;and
b) thesub-ContractorsoproposedfortheWorkpossesstheexperience,qualifications and
equipment necessary for the job proposed to be entrusted
tohiminproportiontothequantumofWorkstobesub-contracted.
8. OtherContractors

8.1 The Contractor shall cooperate and share the Site with other Contractors, publicauthorities,
utilities, and the Employer between the dates given in the Schedule of OtherContractors, as
referred to in the Contract Data. The Contractor shall also provide facilities andservices for them
as described in the Schedule. The Employer may modify the Schedule
[Link]
einsuch situations aswell.

8.2 The Contractor should take up the works in convenient reaches as decided by
theEngineertoensurethatthereisleasthindrancetothesmoothflowoftrafficincludingmovementofvehicl
esandequipmentofotherContractorstillthecompletionofWorks.

9. PersonnelandEquipment

9.1 The Contractor shall employ the technical personnel named in the Contract Data orother technical
persons approved by the Engineer. The Engineer will approve any
proposedreplacementoftechnicalpersonnelonlyiftheirrelevantqualificationsandabilitiesaresubstantia
[Link]
ractDataarenotdeployedonsitebytheContractorwithin15daysofissueofnoticeto proceed with the
work, a penalty of 5000/- per day per person shall be levied for next 30days, beyond which it shall
be treated as a breach of Contract and action will be taken as perClause51.

56
9.2 TheContractorshallusetheequipmentidentifiedinthebidalongwithcompetentoperatorsandadequates
tockofsparesforsmoothoperations.
9.3 If the Engineer asks the Contractor to remove a person who is a member of
theContractor’sstafforworkforce,statingthereasons,theContractorshallensurethatthepersonleaves
the Site within seven days and has no further connection with the Works under theContract.
9.4 The Contractor shall establish, within his own organizational structure, a planningunit, staffed with
suitably qualified personnel. The team will be headed by a Project Managerwho will be assisted
by his representatives, i.e. Site Manager and Manager, Planning. The taskofthis unitwillbe:

9.4.1 To plan, and to verify continuously the degree of compliance by the Contractor withthe specified
Road Maintenance Standards and report the same to the Engineer in the formatacceptableto the
Engineer.

9.4.2 Tomaintainandupdatetheroadconditioninventoryregularly.
9.4.3 ToassisttheEngineerinverificationofthecompliance.
9.5 The Contractor’s planning unit mentioned under Sub-clause 9.4 shall report thelevel of
compliance with the required Service Levels in the standard formats acceptable to theEngineer.

10. Employer’sandContractor’sRisks
10.1 The Employer carries the risks which this Contract states are Employer’s risks,
andtheContractorcarriestherisks whichthisContractstates areContractor’srisks.

11. Employer’sRisks
11.1 The Employer is responsible for the expected risks which are (a) in so far as theydirectly affect
the execution of the Maintenance Works and Activities included in the
Contract,therisksofwar,hostilities,invasion,actofforeignenemies,rebellion,revolution,insurrectionor
military or usurped power, civil war, riot, commotion or disorder (unless restricted to
theContractor’s employees), natural calamities and contamination from any nuclear fuel or
nuclearwasteorradioactive toxic, explosive.

12. Contractor’sRisks
12.1 All risks of loss of or damage to physical property and of personal injury and death,which arise
during and in consequence of the performance of the Contract other than
theexceptedrisks,referredtoinClause11.1,aretherisksoftheContractor.

13. Insurance
13.1 The Contractor at his cost shall provide, in the joint names of the Employer and
theContractor,insurancecoverfromtheStartDatetothecompletionofdefectliabilityperiod,inthatamount
s and deductibles stated in the Contract Data for the following events which are due
totheContractor’s risks:
a) LossofordamagetotheWorksandMaterials
b) LossofordamagetoEquipment
c) Lossofordamagetoproperty(excepttheWorksMaterialsandEquipment)inconnectionwitht
he Contract
d) ThirdPartyLiabilityInsurance
e) AutomobileLiabilityInsurance
f) Workers’Compensation
57
 g) Employer’sLiability
h) Other Insurances

13.2 InsurancepoliciesandcertificatesforinsuranceshallbedeliveredbytheContractortotheEngineerfortheE
ngineer’[Link]
IndianRupeestorectifythelossordamageincurred.

13.3 If the Contractor does not provide any of the policies and certificates required,
theEmployermayaffecttheinsurancewhichtheContractorshouldhaveprovidedandrecoverthe
premiums the Employer had paid from payments otherwise due to the Contractor or, if
nopaymentisdue,thepaymentofthepremiumsshallbeadebtduefromtheContractor.

13.4 Alterations to the terms of insurance shall not be made without the approval of theEngineer.
13.5 [Link]
reverapplicable,itsSub-Contractor(s)shalltakeoutandmaintainineffectadequate insurance policies
for their personnel and vehicles and for works executed by themundertheContractunlesssuchSub-
Contractor(s)is/arecoveredbythepoliciestakenoutbytheContractor.

14. SiteInvestigationReports
14.1 TheContractor,inpreparingtheBid,mayrelyathisownrisksandliabilityonanySiteInvestigation Reports
referred to in the Contract Data, supplemented by any other informationavailableto him.

15. QueriesabouttheContractData
15.1 TheauthorizedrepresentativeoftheEmployerasstatedintheContractdatawillclarifyqueriesontheContr
actData.

16. ContractortoConstructtheWorks
16.1 TheContractor’sobligationscoverthecarryingoutofallMaintenanceWorksand Activities as defined in
the Contract for keeping the roads in accordance with the RoadMaintenance Standards.
TheContractorshallconstruct,installandmaintaintheWorksinaccordancewiththeSpecificationsandDra
wings.
17. TheWorkstobecompletedbytheIntendedCompletionDate
17.1 The Contractor may commence execution of the Maintenance Works and Activitieson the Start
Date and shall carry out the Works in accordance with the Programme submittedby the
Contractor, as updated with the approval of the Engineer, and complete them by
theIntendedCompletionDate.

18. ApprovalbytheEngineer
18.1 The Contractor shall prepare/propose the Maintenance Manuals as per relevantapplicable
Standards and Specifications and existing policies/guidelines/practices and get
thesameapprovedfrom the Engineer/Employer.
18.2 The Contractor shall submit Specifications and Drawings showing the
proposedTemporaryWorkstotheEngineer,whoistoapprovethemiftheycomplywithSpecificationsandd
rawings.
18.3 TheContractorshallberesponsiblefordesignofTemporaryWorks.
18.4 The Engineer’s approval shall not alter the Contractor’s responsibility for design oftheTemporary
Works.
18.5 TheContractorshallobtainapprovalofthirdpartiestothedesignofTemporaryWorksbyEngineer.
18.6 AllDrawingspreparedbytheContractorfortheexecutionoftemporaryorpermanentWorks,aresubject

58
 topriorapprovalbythe Engineerbeforetheir use.

19. SiteRegulationsandSafety
19.1 TheContractorshallberesponsibleforthesafetyofallactivitiesontheSite,includingarrangements for
smooth flow of traffic at his own cost as per guidelines of the IRC/Ministry ofRoad Transport &
Highways. He shall provide proper barricading, diversion boards, etc. Heshall be fully responsible
for the safety of workers and staff at site and provide safety
helmets,reflectivejacketsandotherPPEtotheworkers,inspectingofficersandsupervisors.

20. Discoveries
20.1 Anythingofhistoricalorotherinterestorofsignificantvalueunexpectedlydiscoveredon the Site is the
property of the Employer. The Contractor shall notify the Engineer of
suchdiscoveriesandcarryouttheEngineer’sinstructionsfordealingwiththem.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the Site to the Contractor on orbeforethe start
dateoftheContract.

22. AccesstotheSite
22.1 TheContractorshallallowaccesstotheSiteandtoanyplacewhereworkinconnectionwiththeContractisb
eingcarriedout,orisintendedtobecarriedouttotheEngineerandanyperson/persons/agencyauthorized
by:
a) The Engineer
b) The Employer
23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer pertaining to
themaintenanceworkswhichcomplywiththeapplicablelawswheretheSiteislocated.
23.2 TheContractorshallpermittheEngineer/EmployertoinspecttheContractor’scontemporary records in
respect of invoice of bitumen, cement, aggregates and steel, if sodesiredbythe Engineer.

24. ProcedureforDisputeResolution

24.1 Arbitration
Theprocedureforarbitrationwillbeasfollows:
i) In case of Dispute or difference arising between the Employer and the
Contractorrelatingtoanymatterarisingoutoforconnectedwiththiscontract,suchdisputesordifferencess
hallbesettledinaccordancewiththeArbitrationandConciliationAct, 1996 as amended vide Act of
2015. The Arbitral Tribunal shall consist of
soleArbitratorfromthepanelofthreeArbitratorsproposedbytheEmployerandchoiceof selecting one
given to the Contractor. Contractor shall select one out of the threenames of Arbitrators given to
him within 30 days failing which the Employer shallnominate the Arbitrator out of the panel of
three Arbitrators. In case the Contractorobjects to the Arbitrator selected by the Employer, the
Employer shall refer
selectionofArbitratortotheIndianRoadsCongressfornominatingtheArbitratorforthedisputeandbothpar
[Link]
ppointArbitratorpreferablyfromthestatewheretheprojectislocatedorotherwisefrom adjoiningStates.

ii) Arbitration proceedings shall be held at [Name of Place], India, and the language ofthe arbitration
proceedings and that of all documents and communications betweenthepartiesshall beEnglish.
59
 iii) [Link]
nproceedingswillbepaidasdeterminedbytheArbitralTribunalHowever, the expenses incurred by
each party in connection with the
preparation,presentation,[Link]
oftheArbitrator shallbesharedequallybyboththeparties.

iv) PerformanceunderthecontractshallcontinueduringtheArbitrationproceedingsandpayments due to

the Contractor by the Employer shall not be withheld, unless theyarethe subjectmatter
ofarbitrationproceedings.
B. TIMECONTROL

25. Programme
25.1 The Contractor shall submit to the Engineer for approval a programme within
periodspecifiedinthecontractdatashowingthegeneralmethods,arrangements,order,andtimingforallth
e maintenance worksandactivities.
25.2 The Engineer may issue the work order in stages specifying the time limit for
thesameasandwhenrequiredexcepttheperformance-basedmaintenanceitems.
25.3 An update of the Programme shall be a programme showing the actual progressachieved on
each activity and the effect of progress achieved on the timing of the
remainingWorks,includinganychanges tothe sequenceofactivities.
25.4 TheContractorshallsubmittotheEngineerforapprovalanupdatedProgrammeat intervals. If the
Contractor does not submit an updated Programme within this period,
theEngineermaywithholdtheamountstatedintheContractDatafromthenextpaymentcertificateandcon
tinuetowithholdthisamountuntilthenextpaymentafterthedateonwhichtheoverdueProgrammehasbee
nsubmitted.
25.5 TheEngineer’sapprovaloftheProgrammeshallnotaltertheContractor’[Link] Contractor
may revise the Programme and submit it to the Engineer again at any time.
ArevisedProgrammeshallshowtheeffectofVariationsandCompensationEvents.

26. ExtensionoftheIntendedCompletionDate
26.1 The Engineer shall extend the Intended Completion Date only after approval of
theEmployerifaCompensationEventoccursoraVariationisissuedwhichmakesitimpossibleforComplet
iontobeachievedbytheIntendedCompletionDatewithouttheContractortakingstepstoacceleratethere
mainingWorks,whichwouldcausetheContractortoincuradditionalcost.
26.2 The Engineer, within 14 days of receiving full justification from the Contractor forextension of
Intended Completion Date, will refer to the Employer his recommendation.
TheEmployershall,innotmorethan21daysfromthedateofreceiptofEngineer’srecommendation,comm
unicate to the Engineer the acceptance or otherwise. The Engineer shall convey thedecisionofthe
Employerto the Contractor.

27. DelaysOrderedbytheEngineer
27.1 TheEngineermayinstructtheContractortodelaythestartorprogressofanyactivitywithin the Works.
Delay/delays totaling more than 30 days will require prior written approval oftheEmployer.

28. Management Meetings

28.1 The Engineer may require the Contractor to attend a management meeting.
ThebusinessofamanagementmeetingshallbetoreviewtheplansandprogressfortheMaintenanceWork
s.

60
28.2 TheEngineershallrecordthebusinessofmanagementmeetingsandprovidecopiesof the record to
those attending the meeting. The responsibility of the parties for actions to betaken shall be
decided by the Engineer either during the management meeting or after
themanagementmeetingandtobeintimatedinwritingtoallthosewhoattendedthemeeting.

C. QUALITYCONTROL

29. IdentifyingDefects
29.1 The Engineer shall check the Contractor’s work and notify the Contractor of anyDefects those are
found. Such checking shall not affect the Contractor’s responsibilities. TheEngineer may instruct
the Contractor to uncover and test any work that the Engineer considersmayhaveaDefect.

30. Tests
30.1 TheContractorshallsetupafieldlaboratorywithinperiodstatedincontractdataandbesolely
responsible for:

a) CarryingoutthemandatorytestsprescribedinTechnicalSpecificationsand
b) Forthecorrectnessoftest/procedures,whetherpreformedinhislaboratoryorelsewhere.
30.2 If the Engineer instructs the Contractor to carry out a test not specified in theSpecifications to
check whether any work has a Defect and the test shows that it does, theContractor shall pay
for the testing charges and for any number of samples. Otherwise, theEmployershall payfor the
testing charges.

31. CorrectionofDefectsnoticedduringtheDefectsLiabilityPeriod
31.1 Theworkscarriedoutshallbeofveryhighstandard,requiringnomajorrepairsontheroadforatleast,durin
gdefectsliabilityperiod,afterthedateofcompletionofworks.
31.2 If any defects including shrinkage, cracks, other faults appear in the works within
theperiodspecifiedhereunderafterissueof“Takingover”certificate,theEngineershallgivenoticeto the
Contractor of any defects before the end of the Defects Liability Period. The
DefectsLiabilityPeriodshallbeextendedfor aslongasthedefectsremain tobecorrected.
31.3 Every time notice of a defect is given, the Contractor shall correct the notified
defectathisowncost withinthe lengthoftime specifiedintheEngineer’s notice.
31.4 The Defects Liability Period is not applicable for works of routine maintenance such as pot
holes/ patch repairs/ ruts repairs/ cleaning and clearing, etc. under performance based BOQ
item.
31.5 If during the Defects Liability Period any defect is found in the design, engineering, materials
and workmanship of the Works and Services executed by the Contractor, then the Contractor
shall promptly, in consultation and agreement with the Engineer, appropriately
remedysuchdefectsatitscost,orrepair,replaceorotherwisemakegood(astheContractorshall,atitsdis
cretion,determine)suchdefectsaswellasanydamagetotheRoadcausedbysuchdefects.

31.6 TheContractor’sobligationsunderthisClause31shallnotapplyto:
a) anymaterialthatissuppliedbytheEmployer,andnormallyconsumedinmaintenance,orhaveanorm
allifeshorterthantheDefectsLiabilityPeriodstatedherein;
b) any design, Specification or other data, supplied or specified by or on behalf of theEmployer
or any matter for which the Contractor has disclaimed responsibility herein;
31.7 The Employer shall offer the Contractor all reasonable opportunity to inspect
thedefect(s)Noticed,aswellasprovideallnecessaryaccesstotheFacilitiesandtheSitetoenablehimto
performhisobligationsunderthisClause31.

61
 The Contractor may remove from the Site any Plant and Equipment or any part of the
Facilitiesthat are defective, if the nature of the defect, and/or any damage to the Facilities
caused by thedefect,issuchthat repairscannot beexpeditiouslycarriedoutatthe Site.

32. UncorrectedDefects
32.1 IftheContractorfailstocorrectaDefect,tothesatisfactionoftheEngineer,withinthetime specified in the
Engineer’s notice, the Engineer will assess the cost of having the Defectcorrected. The
Contractor will pay to the Employer this amount or the Engineer may deductsuch amount from
any sums due to the Contractor, on correction of the Defect together with
20percentadditionalcosts asthe damages.
32.2 Incaseofanynon-compliance/delayedcomplianceofmaintenancestandards,the
damages/reduction in payment shall be applicable as provided under road
MaintenanceStandards Part –I.

D. COSTCONTROL

33. Billof Quantities

33.1 TheBillofQuantitiesshallcontainthedescriptionofitems,units,ratesandamount.
33.2 [Link] quantity of the
work done at the rates given in the Bill of Quantities with accepted/awardedtenderpremiumfor
eachitemfor theworkexecuted.
Theaccepted/awardedtenderpremiumabove/belowthegrandtotalofProjectcostasperBOQshallbea
pplicableforindividualitemofworktodeterminepayableamounttoContractorsubjecttocontractual
provisions.

34. ChangesintheQuantities
34.1 The final quantity of the work done may differ from the quantity given in the Bill ofQuantities. The
payment shall be made for the quantities executed. Provided that the items
forwhichlumpsumrateshavebeenquotedshallnotbemeasuredandthepaymentsforsuchitemsnotexc
eedingthequotedlumpsumamountshallbemadetotheContractorsubjecttomeetingthespecifiedmaint
[Link] agreed, beyond doubt,
by the Contractor that no claims shall be entertained by the Engineer/Employer on account of
reduction to any extent, due to budgetary constraints, in quantities ofmeasurableitems.

35. Variations
35.1 The Engineer may order Variations, with the prior approval of the Employer, heconsiders
necessary or advisable during the progress of the Works. Such Variations shall
[Link]
ariations,unlessfollowedbywrittenconfirmation,shallnotbetakenintoaccount.

36. PaymentsforVariations
36.1 IfratesforVariationitemsarespecifiedintheBillofQuantities,theContractorshallcarryoutsuchworkatth
esamerate.
36.2 IftheratesforVariationarenotspecifiedintheBillofQuantities,theEngineershallderivetheratefromsimil
aritemsintheBillofQuantities.
36.3 IftherateforVariationitemcannotbedeterminedinthemannerspecifiedinClause36.1or36.2,theContr
actorshall,within14daysoftheissueoforderofVariationwork,inform the Engineer the rate which he
proposes to claim, supported by analysis of the [Link] Engineer shall assess the quotation
and determine the rate based on prevailing marketrates within one month of the submission of
the claim by the Contractor and approval from theEmployer shall be taken. As far as possible,
62
 the rate analysis shall be based on the StandardData Book and the current Schedule of Rates of
the district public works division. The
decisionoftheEmployerontheratesodeterminedshallbefinalandbindingontheContractor.

37. CashFlowForecasts
37.1 WhentheProgrammeisupdated,theContractorshallprovidetheEngineerwithanupdatedcashflowfor
ecast.

38. PaymentCertificates
38.1 TheContractorshallsubmittotheEngineermonthlystatementsofthevalueoftheworkexecutedlessthec
umulativeamountcertifiedpreviously,supportedwithdetailedmeasurementofthe
itemsofworkexecuted.
38.2 The Engineer shall check the Contractor’s monthly statement within 14 days
andcertifytheamounttobepaidtotheContractoraftertakingintoaccountanycreditordebitforthemonthi
nquestion.
38.3 The value of work executed shall be determined, based on measurements by theEngineer.
38.4 The value of work executed shall comprise the value of the quantities of the items inthe
BillofQuantities completed.
38.5 ThevalueofworkexecutedshallalsoincludethevaluationofVariationsandCompensationEvents.
38.6 TheEngineer/Employermayexcludeanyitemcertifiedinapreviouscertificateor reduce the proportion
of any item previously certified in any certificate in the light of latestinformation.
38.7 ThefinalbillshallbesubmittedbytheContractorwithinonemonthoftheactualdateof completion of the
work; otherwise the Engineer’s certificate of the measurement and of
thetotalamountpayableforworkaccordinglyshallbefinalandpaymentmadeaccordinglywithinaperiod
ofsixty daysasfar aspossible.

39. Payments
39.1 Payments shall be adjusted for deductions for advance payments, security deposit,other
recoveries in terms of the Contract and taxes at source, as applicable under the law.
TheEmployershallpaytheContractortheamountstheEngineerhadcertified,within28daysofthedateof
eachcertificate.
39.2 The authorized representative of the Employer shall make the payment certified bythe Engineer.
39.3 ItemsoftheWorksforwhichnorateorpricehasbeenenteredintheBillofQuantities,willnotbepaidforbyth
eEmployerandshallbedeemedtobecoveredbyotherratesandpricesinthe Contract.

40. CompensationEvents
40.1 ThefollowingshallbeCompensationEventsunlesstheyarecausedbytheContractor:
a) TheEngineerordersadelayordelaysexceedingatotalof30days;
b) TheeffectsontheContractorofanyoftheEmployer’sRisks.
40.2 If a Compensation Event would prevent the Works being completed before theIntended
Completion Date, the Intended Completion Date shall be extended. The Engineershall decide
whether and by how much the Intended Completion Date shall be extended afterapprovalofthe
Employer.
40.3 TheContractorshallnotbeentitledtocompensationtotheextentthattheEmployer’sinterests are
adversely affected by the Contractor not having given early warning or not
havingcooperatedwiththe Engineer/Employer.

41. TaxesandCurrenciesforPayments
41.1 The rates quoted by the Contractor shall be deemed to beinclusive of
63
 otherlevies,duties,royalties,cess,toll,andothertaxesofCentralandStateGovernments,localbodies
and authorities and exclusive of the GST that the Contractor will have to pay for the
performance of this
[Link]
[Link](ifapplicable)subjecttoproductionofproofofsuchpaymentbyt
he contractor(proof should contain nameofwork).
41.2 AllpaymentsshallbemadeinIndianRupees.

42. SecurityDeposit/RetentionMoney
42.1 TheEmployershallretainsecuritydepositofThreepercentoftheamountfromeachpaymentduetotheC
ontractoruntilCompletionofthewholeoftheWorks.
42.2 The security deposit/retention money and the performance security will be releasedto the
Contractor when the Defects Liability Period is over, and the Engineer has certified thatthe
Defects, if any, notified by the Engineer to the Contractor before the end of this period
havebeencorrected.
42.3 IftheContractorsodesires,thentheSecurityDeposit/retentionmoneycanbereleasedonsubmission
ofunconditionalBankGuaranteeatthefollowing twostages:-
a) At apointafter theprogressof workin financialterm(grossvalueof workdone)has
reached50%ofthecontractamount
b) Aftertheretentionmoneyhasbeendeductedtothefullvalue(5%ofthecontractamount).
43. LiquidatedDamages
43.1 TheContractorshallpayliquidateddamagestotheEmployerattherateorpartthereofstated in the
Contract Data for each day that the Completion Date is later than the IntendedCompletion Date.
The total amount of liquidated damages shall not exceed the amount definedin the Contract
Data. The Employer may deduct liquidated damages from payments due to
[Link]’sotherliabilities.
Both the parties expressly agree that the liquidated damages payable by the Contractor
aremutuallyagreedgenuinepre-
estimatedlossandwithoutanypoofofactualdamageslikelytobesufferedandincurredbytheEmployera
ndtheEmployerisentitledtoreceivethesameandarenotbywayofpenalty.
43.2 If the Intended Completion Date is extended after liquidated damages have beenpaid, the
Engineer shall correct any overpayment of liquidated damages by the Contractor byadjusting in
the next payment certificate. The contractor shall not be paid interest on the
overpaymentofliquidateddamages.

44. AdvancePayment
44.1 The Employer will make an interest-bearing advance payment to the
ContractoragainstprovisionbytheContractorofanUnconditionalBankGuaranteeinaformandbyaban
kacceptable to the Employer in amounts equal to the advance payment up to 10% of
[Link],butthea
[Link]
Contractor shall take the above advance before 2 nd running bill and if the contractor
delaysseekingthe advance,the sameisnotpayable.
44.2 TheContractoristousetheadvancepaymentonlytopayforEquipment,plantandMobilizationexpenses
[Link]
enthasbeenusedinthiswaybysupplyingcopiesofinvoicesorotherdocumentstothe Engineer.
44.3 Theadvancepaymentshallberepaidwithinterest@SBIPLRapplicableonthedateofreleaseofmobilisat
ionadvance,[Link]
berecoveredfromthirdrunningbillupto8 thrunningbillinsixequalinstalmentsandtheinterestwillbereco
64
 [Link],themobilisationadvancewithinterestmustberecoveredwithintenmonth
[Link] be taken of the advance payment or its repayment in
assessing valuations of work done,Variations,CompensationEvents,orLiquidatedDamages.

45. Performance Security

45.1 Subject to further condition in Contract Data, the Performance Security equal to threepercent of
the Contract Price shall be provided to the Employer no later than the date specifiedin the Letter
of Acceptance and shall be issued in the form given in the Contract Data and by
aprescribedbank.ThePerformanceSecurityshallbevaliduntiladate28daysaftertheexpiryofDefectsLi
abilityPeriod.Thevalidityshallaccountforadditional3monthstimetoaccountforBGverification,signing
ofcontract andstart date

46. CostofRepairs
46.1 Loss or damage to the Works or Materials to be incorporated in the Works betweenthe Start
Date and the end of the Defects Liability Period shall be remedied/rectified by
theContractorathiscostifthelossordamagearisesfromtheContractor’sactsoromissions.

E. FINISHINGTHECONTRACT

47. Completion
47.1 TheContractorshallrequesttheEngineertoissueacertificateofCompletionoftheWorks,andtheEngine
erwilldosoupondecidingthattheWorksarecompleted.

48. TakingOver
48.1 TheEmployershalltakeovertheSiteandtheWorkswithinsevendaysoftheEngineer’sissuingacertificat
eofCompletion.

49. FinalAccount
49.1 TheContractorshallsupplytotheEngineerwithadetailedaccountofthetotalamountthat the Contractor
considers payable under the Contract before the end of the Defects
[Link]
due to the Contractor within 28 days of receiving the Contractor’s account if it is correct
[Link],theEngineershallissuewithin28daysaschedulethatstatesthescopeofthe
corrections or additions that are necessary. If the Final Account is still unsatisfactory after ithas
been resubmitted, the Engineer shall decide on the amount payable to the Contractor
andissueapaymentcertificatewithin28daysofreceivingtheContractor’srevisedaccount

65
50. OperationandMaintenanceManual
50.1 If“asbuilt”Drawingsand/oroperationandmaintenancemanualsarerequiredrelatingtoconstructionwo
rkcarriedout,theContractorshallsupplythemwithin28daysfromthedateofissueofcertificate
ofcompletion.
50.2 IftheContractordoesnotsupplytheDrawingsand/ormanualsbythestipulateddateor they do not
receive the Engineer approval, the Engineer shall withhold the amount equal toRs.5lakhfrom
paymentsduetothe Contractor.

51. Termination
51.1 TheEmployerortheContractormayterminatetheContractiftheotherpartycausesafundamental
breachofthe Contract.
51.2 FundamentalbreachesofContractinclude,butshallnotbelimitedto,thefollowing:

A) FundamentalBreachesbytheContractor
a) theContractorstopsworkorgrosslyneglectsRoutineMaintenanceWorksand Services for
28 days when no stoppage of work is shown on the
currentprogrammeandthestoppagehasnotbeenauthorizedbytheEngineer;
b) the Contractor is declared as bankrupt or goes into liquidation other than
forapprovedreconstruction oramalgamation;
c) the Engineer/Employer gives Notice that failure to correct a particular Defect isa
fundamental breach of Contract and the Contractor fails to remedy the
defectandcorrectitwithinthe periodoftimedeterminedbytheEngineer;
d) theContractordoesnotmaintainaSecurityDepositasperclause;
e) the Contractor has delayed the completion of Works by the number of days forwhich
the maximum amount of liquidated damages can be paid, as defined inClause43;
f) the aggregate liability of the Contractor to the Employer, exceeds the totalamount
specified in the Contract Data, provided that this limitation shall
notapplytothecostofrepairingorreplacingdefectiveworksandequipment;
g) theContractorfailstoprovideinsurancecoverasrequiredunderClause13;
h) if the Contractor, in the judgement of the Employer, has engaged in the corruptor
fraudulent practices as defined in Clause 34 of the Instructions to Bidders
incompetingfor orinexecutingthe Contract;
i) if the Contractor fails to set up a field laboratory with the prescribed
equipment,withinthe periodspecified intheContractData;
j) if the Contractor does not deploy any of the personnel stated in Contract
Datawithin45daysofissueofnoticetoproceed;
k) TheContractorviolatestheprovisionsofChildLabour(Prohibition&Regulation)Act,1986;
l) Anyotherfundamentalbreachesasspecifiedinthecontractdata.

66
 51.3 WithoutprejudicetoanyotherrightorremedieswhichtheEmployermayhaveunderthis contract upon
occurrence of a Contractor’s fundamental breach of contract, the Employershall be entitled to
terminate this contract by issuing a Termination Notice to the Contractorprovided that before
issuing the Termination Notice, the Employer shall by a Notice inform theContractor of its
intention to issue such Termination Notice and grant 15 days to the
Contractortomakearepresentationandmayaftertheexpiryofsuch15days,whetherornotitisinreceiptof
suchrepresentation issuetheTerminationNotice.
51.4 Notwithstandingtheabove,theEmployermayterminatetheContractforconvenience.
51.5 If the Contract is terminated, the Contractor shall stop work immediately, make theSitesafe
andsecure, andleavethe Siteassoon asreasonably possible.

52. PaymentuponTermination
52.1 If the Contract is terminated because of a fundamental breach of Contract by theContractor, the
Engineer shall issue a certificate for the value of work done and Materialsordered less advance
payments received up to the date of issue of the certificate and less
thepercentagetoapplytothevalueoftheworknotcompleted,[Link]
mountduetotheEmployerexceedsanypaymentduetotheContractor,thedifferenceshallbeadebtpaya
bletotheEmployerandEmployermayrecoverthesamefromPerformanceBank Guarantee.
52.2 IftheContractisterminatedattheEmployer’sconvenience,theEngineershallissuea certificate for the
value of work done, and a pre-determined amount specified in the contractdata to cover the
reasonable cost of removal of Equipment and repatriation of the Contractor’spersonnel
employed solely on the Works, and the Contractor’s costs of protecting and securingthe Works
and less advance payments received up to the date of the certificate, less otherrecoveries due
in terms of the Contract, and less taxes due to be deducted at source as perapplicablelaw.

53. Property
53.1 AllMaterialsonSite,Plant,Equipment, TemporaryWorksandWorksshallbedeemed to be the
property of the Employer for use for completing balance work if the Contractisterminated
becauseofthe Contractor’s default.

54. ReleasefromPerformance
54.1 If the Contract is frustrated by the outbreak of war or by any other event
entirelyoutsidethecontroloftheEmployerortheContractor,theEngineershallcertifythattheContractha
[Link]
ngthiscertificateandshallbepaidforallworkcarriedoutbeforereceivingitandforanyworkcarriedoutafte
rwardstowhichacommitment wasmade.
55. Foreclosure of Work:

55.1 The item BOQ 3.1 related to Routine Maintenance will be executed till the commencement of
Original work. In the case if major work is awarded/commenced before end of the STMC contract, this item
will not be executed at site.
F. OTHERCONDITIONSOFCONTRACT

56. Labour
56.1 The Contractor shall, unless otherwise provided in the Contract, make his ownarrangements for
the engagement of all staff and labour, local or other, and for their
payment,housing,feedingandtransport;andforcomplianceofvariouslabourlaws/regulations.
56.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return indetail, in
such form and at such intervals as the Engineer may prescribe, showing the staff andthe
numbers of the several classes of labour from time to time employed by the Contractor
67
 onSiteandsuch otherinformationasthe Engineermay require.
56.3 The Contractor’s personnel including equipment operators shall be appropriatelyqualified, skilled
and experienced in their respective trades or occupations. The Engineer mayrequire the
Contractor to remove or cause to be removed any person employed on the site
ortheworks,includingtheContractor’srepresentative, ifapplicable,who
a) Persistsinanymisconductorlackofcare;
b) Carriesoutdutiesincompetentlyornegligently;
c) Fallstoconformwithanyprovisionofthecontract;
d) Persistsinanyconductwhichisprejudicialtosafety,healthorprotectionoftheenvironment.
Ifappropriate,thecontractorshallthenappointorcausetobeappointedasuitablereplacementperson

57. CompliancewithLabourRegulations
57.1 During continuance of the Contract, the Contractor and his sub-Contractors shallabide at all
times by all existing labour enactments and rules made thereunder, regulations,notifications and
bye laws of the State or Central Government or local authority and any
otherlabourlaw(includingrules),regulations,byelawsthatmaybepassedornotificationthatmaybeissu
edunderanylabourlawinfutureeitherbytheStateortheCentralGovernmentorthelocalauthority.
(Salient features of some of the major labour laws that are applicable to constructionindustry are
given in Addendum to General Conditions of Contract.) The Contractor shall keepthe Employer
indemnified in case any action is taken against the Employer by the
competentauthorityonaccountofcontraventionofanyoftheprovisionsofanyActorrulesmadethereund
er,[Link],such
amountsasmaybenecessarytocauseorobserve,orfornon-observanceoftheprovisionsstipulated in
the notifications/bye taws/Acts/Rules/regulations including amendments, if any, onthe part of the
Contractor, the Employer shall have the right to deduct any money due to theContractor
including his amount of performance security. The Employer shall also have right torecover from
the Contractor any sum required or estimated to be required for making good
thelossordamagesufferedbythe Employer.
InnocaseshalltheemployeesoftheContractorandtheSub-Contractorbetreatedastheemployeesofthe
Employer atanypointoftime.
58. DrawingsandPhotographsoftheWorks
58.1 The Contractor shall do photography/video photography of the site firstly before thestart of work,
secondly mid-way in the execution of different stages of work and lastly after
[Link].
58.2 TheContractorshallnotdisclosedetailsofDrawingsfurnishedtohimandworkson which he is
engaged without the prior approval of the Engineer in writing. No photograph ofthe works or any
part thereof or plant employed thereon, except those permitted under
Clause57.1,shallbetakenorpermittedbytheContractortobetakenbyanyofhisemployeesorany
employees of his sub-Contractors without the prior approval of the Engineer in writing.
Nophotographs/video photography shall be published or otherwise circulated without the
approvalofthe Engineer inwriting.

59. TheApprenticesAct,1961
59.1 The Contractor shall duly comply with the provisions of the Apprentices Act, 1961
(Illof1961),therulesmadethereunderandtheordersthatmaybeissuedfromtimetotimeunderthe said
Act and the said Rules and on his failure or neglect to do so, he shall be subject to
allliabilitiesandpenaltiesprovidedbythesaidActandsaid Rules.

68
 CONTRACTDATA

Items marked “N/A” do not apply in this Contract.1.1

1. The Employer is [Cl.1.1of ITB]
Chief Engineer,
National Highway (South) Wing, Bihar, Patna
Purani Sachiwalaya, Patna-813210
Ph No……………. E-Mail. cenhsouthbihar@[Link]

2. The Engineer is: (Will be intimated later) [Clause 1.1of GCC]

Designation: Executive Engineer
Address: National Highway Division, Bhagalpur
Ganga Bridge Campus, Zeromile,Bhagalpur-813210
Ph No.9470001313 E-Mail. eenhlbhagalpur1@[Link]
[Cl.1.1]
3. The Intended Completion Date for the whole of the Works is 06 Months from Start Date].
[Cl.1.1,17&26ofGCC]
th th
4. The Site is located at Ch. 5 to 37 (p) (Bypass P.S. to Dhaka More)
____________________________________ [Srno1ofNIT]
5. The Start Date shall be within 15 days after the date of issue
of the Notice to proceed [Cl.1.1 of GCC]

6. (a)The name and identification number of the Contract is Job No.

The Works consist of Repair of Pot and Patches using required Material (WMM, DBM, BC), Full witdh BC
work and Road Marking on existing PQC surfaces, temporary rectification of black spots lying in the said
stretchs by providing rumble strips and sign boards etc.
[Cl. 1.1ofITB]
7. (a)ThelawwhichappliestotheContractisthelawofUnionofIndia.[CI.3.1ofGCC]
(b)The language of the Contract documents is English [Cl.3.1 of GCC]
8. ThelimitofsubcontractingisNil ofinitialcontractprice [CI.7.1 of GCC]
9. ScheduleofotherContractor-NIL [Cl.8.1 of GCC]

10. TheTechnicalPersonnelare [Cl. 9.1of GCC]

[Link]. Personnel Qualification Particular No.

Experience(minimumreq ofPerson
uirement) s
1. Project Manager Degree in 5 years as 1
CivilEngineerin ProjectManageronHigh
g way,Bridge
construction/Maintenan
ceworks
2. Site Engineer-cum- DegreeinCivilE 4 years on 1
Surveyor Engineer-cum- ngineering HighwayConstruction
MaterialEngineer /Maintenanceworks

69
11. Amountforinsuranceare: [Cl.13.1 of GCC]

a) RupeesequivalenttoContractPrice.
b) Rupeesequivalentto5%ofContractPrice.
c) Rupeesequivalentto5%ofContractPrice
d) Rupees20lakhsformultipleincidents.
ThesaidinsuranceshallincludeallliabilitiesasperClause13.1andshallbedeductibleasperpremiu
mrate.
12. SiteInvestigationReport-NIL [Cl14.1ofGCC]
13. TheperiodforsubmissionoftheprogrammeforapprovalofEngineershallbe30daysfromtheissueo
fLetterofCommencement. [{Cl.25.1 of GCC]
14. Amounttobewithheldfordelaysinsubmissionofupdatedprogramme:1%ofvalueofworkcorrespon
dingtotheupdatedprogramme. [Cl.25.4ofGCC].
15. TheperiodforsettingupafieldlaboratorywiththeprescribedequipmentrelevanttoitemsofworkinBO
Qis30daysfromthedateofnoticetostartwork
[Cl.30.1ofGCC]`
16. TheDefectLiabilityPeriodwillbe12 monthsforperiodicrenewalandotherimprovementworks.
[Cl.31of GCC]
17.
[Link] 0.1percentoftheremainingvalueofcontract to
mpletion ofworks be executed, rounded off tothe nearest
thousand, per day with
theminimumofRs.10000/-perday
[Link] 10percentoftheInitialContractPriceroundedof
yincompletion ofwork. ftothenearestthousand
[Clause.43ofGCC]
18. ThestandardformofPerformanceSecurityacceptabletotheEmployershallbean
unconditionalBankGuaranteeofthetypeasspecifiedintheBiddingDocuments.
[Cl.45.1ofGCC]
19. ThepercentagetoapplytothevalueofworknotcompletedrepresentingtheEmployer’sadditionalco
[Link] also be forfeited if
the Contract is terminated because of a fundamental breachofContractbytheContractor.
[Cl.52.1 of GCC]
20. The reasonable cost of removal of equipment and repatriation of the
Contractor’spersonnelemployedsolelyontheworksintheeventofterminationofthecontractatthe
Employer’s convenience or because of a fundamental breach of contract by
theEmployeristo betreatedas[-----------]lac. [Cl. 52.2of GCC]

70
 SECTION 6

ADDENDUMTOGENERALCONDITIONSOFCONTRACT
 SECTION 6

ADDENDUMTOGENERALCONDITIONSOFCONTRACT

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE

TOESTABLISHMENTSENGAGEDINBUILDINGANDOTHERCONSTRUCTIONWORKS.
a) Workmen Compensation Act, 1923: The Act provides for compensation in case
ofinjurybyaccidentarisingoutofandduringthecourseofemployment.
b) Payment of Gratuity Act; 1972: Gratuity is payable to an employee under the Acton
satisfaction of certain conditions if an employee has completed the prescribedminimum
years (five years) of service or more or on death the rate of prescribedminimum days’ (15
days) wages for every completed year of service. The Act isapplicable to all establishments
employing the prescribed minimum number (10) ormoreemployees.
c) Employee’s P.F. and Miscellaneous Provision Act 1952: The Act provides
formonthlycontributionsbytheEmployerplusworkersattheprescribedrate(10percentor8.33perc
ent).ThebenefitspayableundertheActare:
i) Pensionorfamilypensiononretirementordeathasthecasemaybe.
ii) Depositlinkedinsuranceonthedeathinharnessoftheworker.
iii) [Link]/deathetc.
d) Maternity Benefit Act, 1961: The Act provides for leave and some other benefits
towomenemployeesincase ofconfinement ormiscarriageetc.
e) Contract Labour (Regulation & Abolition) Act, 1970: The Act provides for
certainwelfaremeasurestobeprovidedbytheContractortocontractlabourandincasetheContract
orfailstoprovide,thesamearerequiredtobeprovided,[Link]
alEmployerisrequiredtotakeCertificateofRegistrationand the Contractor is required to take
license from the designated Officer. The Act isapplicable to the establishments or
Contractor of Principal Employer if they employminimumprescribed(20ormore)
numbersofcontractlabour.
f) Minimum Wages Act, 1948: The Employer is to pay not less than the
MinimumWagesfixedbyappropriateGovernmentasperprovisionsoftheActiftheemploymentisas
[Link],roads,runwaysarescheduledemployment.
g) PaymentofWagesAct,1936:Itlaysdownastobywhatdatethewagesaretobe paid, when it will
be paid and what deductions can be made from the wages ofworkers.
h) Equal Remuneration Act, 1979: The Act provides for payment of equal wages forwork of
equal nature to male and female workers and for not making
discriminationagainstfemaleemployeesinthemattersoftransfers,trainingandpromotionsetc.
i) PaymentofBonusAct,1965:TheActisapplicabletoallestablishmentsemployingminimum
prescribed (say, 20 or more) number of workmen. The Act provides
forpaymentsofannualbonuswithintheprescribedrangeofpercentageofwagestoemployeesdraw
inguptotheprescribedamountofwages,calculatedinthe

77
 prescribed manner. The Act does not apply to certain establishments. The newly set-up
establishments are exempted for five years in certain circumstances. States
mayhavedifferent numberofemploymentsize.
j) Industrial Disputes Act, 1947: The Act lays down the machinery and procedure
forresolutionofindustrialdisputes,inwhatsituationsastrikeorlock-outbecomesillegaland what
are the requirements for laying off or retrenching the employees or closingdownthe
establishment.
k) IndustrialEmployment(StandingOrders)Act,1946:Itisapplicabletoallestablishments
employing minimum prescribed number of persons (say, 100, or 50).The Act provides for
laying down rules governing the conditions of employment
bytheEmployeronmattersprovidedintheActandgetthesecertifiedbythedesignatedAuthority.
l) Trade Unions Act, 1926: The Act lays down the procedure for registration of
[Link]
ncertainimmunitiesfromcivilandcriminalliabilities.
m) ChildLabour(Prohibition&Regulation)Act,1986:TheActprohibitsemploymentofchildrenbel
ow14yearsofageincertainoccupationsandprocessesandprovidesfor regulations of
employment of children in all other occupations and
[Link].
n) Inter-StateMigrantWorkmen’s(RegulationofEmployment&Conditionsof Service) Act,
1979: The Act is applicable to an establishment which
employsminimumprescribednumberoflabour(say,fiveormore)inter-
statemigrantworkmenthroughanintermediary(whohasrecruitedworkmeninonestateforemploy
mentin an establishment situated in another state). The Inter-State migrant workmen, inan
establishment to which this Act becomes applicable, are required to be
providedcertainfacilitiessuchasHousing,Medical-
Aid,Travellingexpensesfromhomeuptotheestablishmentandbacketc.
o) The Building and Other Construction Workers (Regulation of Employment
andConditionsofService)Act,1996andtheCessActof1996:Alltheestablishmentswho carry
on any building or other construction work and employ the minimumprescribed (say, 10 or
more) number of workers are covered under this Act. All
suchestablishmentsarerequiredtopaycessattheratenotexceeding2percentofthecostofconstruc
[Link],onepercent of the cost of
construction is payable by the Employer of the [Link] Employer of the
establishment is required to provide safety measures at
thebuildingorconstructionworkandotherwelfaremeasures,suchascanteens,first-aidfacilities,
ambulance, housing accommodations for workers near to the work
[Link]
eringOfficerappointedbytheGovernment.
p) Factories Act, 1948: The Act lays down the procedure for approval of plans beforesetting
up a factory, health and safety provisions, welfare provisions, working hours,annual earned
leave and rendering information regarding accidents or dangerousoccurrences to
designated authorities. It is applicable to premises employing theminimum prescribed
number of persons (say, 10 persons or more) with aid of
poweroranotherminimumprescribednumberofpersons(say,20ormorepersons)withouttheaidof
powerengagedinmanufacturing process.

78
 SECTION -7

ROADMAINTENANCESTANDARDSANDSPECIFICATIONSFORROADMAINTENAN
CEWORKS,PART-IANDPART-II
 SECTION-7

ROADMAINTENANCESTANDARDSANDSPECIFICATIONSFORROADM
AINTENANCEWORKS,PART-IANDPART-II

PREAMBLE

TheRoadMaintenanceStandardsandSpecificationsshallbereadinconjunctionwithallother documents
constituting the Contract viz. Notice Inviting Tender, Instructions to Bidders;Conditions of Contract, Bill
of Quantities and other related documents mentioned in the BidDocuments.

General

The Standards and Specifications for the Road Maintenance Works andActivities as described
hereinaftershallcompriseofthefollowing:
PART-I : RoadMaintenanceStandards
PART-II : SpecificationsforRoadMaintenanceWorks

[Link],the
environment friendly machinery like Infrared Recycling Road Maintenance as approved
byCRRI/IRC/MoRTHshall begotdeployed.

81
 PART-I

ROADMAINTENANCESTANDARDS

1 Inspections

1.1 The Contractor shall carry out weekly Inspection of project road and submit report
totheEngineeronthemaintenanceworkscarriedoutduringtheweekandalsoidentifyotheritemsofwork
swithlocationrequiring attentionfor maintenance.

1.2 Anymaintenancewhichinvolvesworksofemergentnatureand/orreplacementshallbeimmediatelyrep
[Link] shall be carried out
on authorization by the Engineer except in emergency situationswhere it needs to be attended
to urgently for safety reasons. In such situations,
temporaryarrangementsshallbemadeimmediatelyandfurtherdirectionssoughtfromtheEngineer.

1.3 The Engineer will monitor road condition and shall carry out at least
fortnightlyInspectionoftheprojectroadtoverifythattheContractorismaintainingmaintenancestandard
sasperContractandtomakenoteofnon-compliancesofPerformancebaseditemsofBOQ,otheritems of
work and work orders issued for other works. Non-compliance/delayed compliance
ofmaintenance work shall be dealt with as per provisions of GCC Clause 32.1 and
maintenancestandardshereinbelow.

2 Maintenance Standards for performance based items

2.1 The following maintenance standards shall be achieved by the Contractor to beeligiblefor full
payment:

Item PermissibleToleran Measurement Maximum Rectification

ce/ServiceLevel andDetection Response Standard
Time
Item no. 3.1of Not more than 5isolated Visual Withintwodays AsperClause
Bill no potholes/edge cuts in a [Link] of 3004of
3(repair of stretchof 1 km. pot holeshall be MoRTHSpecifi
potholes/edg Maximumsize of pot measuredby the area cations
ecuts/ruts/pat ofrectangleenclosingt
hole/edgecut not more
ches) hepothole.
than
300sqcmx4cmdepth.
Max rutting – Rutting to
2.5%inthe sub- bemeasured
section. inisolatedlocations.
Ruttingnottoexceed
20mm.
Patches not
morethan 5% of
thesurface area in
astretchof1km.

82
 Item PermissibleToleran Measurement Maximum Rectification
ce/ServiceLevel andDetection Response Standard
Time
(*)Itemno. Deleted
3.2

(*)Note: ThisisanoptionalitemtobeincludedbytheEmployerbasedonneedanddependingon
categoryofroad,trafficvolume,accidenthistoryandtraumafacilitiesrequiredtobeprovided.

2.2 Deleted.

3 MaintenanceStandards for OtherBOQ Items

3.1 Maintenance standards for cleaning, clearing and repairing roadside

open/unlined/lined/covereddrains andcrossdrainage works

i) The work shall consist of cleaning, clearing, deepening and reshaping of roadsidedrains
and making shallow lateral drains on shoulders to drain out the rain
water/surfacewatereffectivelyfrombituminoussurfaceaswellasfromroadsideberms.
ii) Disposalofsediments,extraneousdebrisorvegetationgrowth,blockingflow.
iii) SafetydevicesandsignsshallbeplacedasperMoRTHSpecificationsforRoadand
BridgeWorks(5thRevision)ClauseNo.112.
iv) The excavated material shall be disposed off as directed by Engineer-in-charge
withallleadsandlifts.
• Thedrainslopesandsidesshallbedresseduptooriginalflowlineandcrosssection.

3.2 Maintenancestandardsfor“carryingoutcleaning,removingofdust/silt/thrashfromcarriagewa
y.
i) However,widthofcarriagewaytobekeptcleanasperBOQprovisionisuptoROW,itincludes;
a) Totalwidthofcarriageway(LHS+RHS)includingmedianwidth.
b) Widthofserviceroads(LHS+RHS)whereverserviceroadsareinexistence.
c) Widthofallstructuressuchasflyovers,majorbridges,minorbridges,culverts,
subways,etc.
ii) For cleaning of carriageway, the Contractor shall deploy mechanical broomer
[Link]
s alongwithstatement ofworkdone.

3.3 Maintenancestandardsfor“Removalofrankvegetation/weedsfromshouldersandembankme
ntslopes.

i) Thecontractorshallkeeptheshoulders,embankmentslopesuptorightofway(RoW)onbothsides
complete inallrespects.
ii) The work shall include breaking of clods, rough dressing and disposal of waste

83
 andvegetationoutsideRoWasperdirectionsoftheEngineer.
iii) The contractor shall maintain separate signed muster rolls of deployed labours&supervisors
and log books of tractors. The muster rolls and log books shall be madeavailable for
inspection. Xerox copy of log books and muster rolls shall be
submittedalongwithstatementofworkdonebythe contractor.
iv) If a contractor fails to keep the specified area without weeds, unwanted
vegetation,debris(asperprovisionofBOQ),apenaltyofRs.500/km/[Link]
eEngineer’sdecisioninthiscontextisbindingontheContractor.

3.4 Maintenancestandardsforroutinemaintenanceofroadsignsanddelineators
i) The work shall consist of washing of signs, delineators, removal of posters etc. andrepairto
supporting structures withrepainting.

ii) The road signs and delineators should be thoroughly washed using a
detergentsolutionfollowedbyaleanrinseandwholefaceofthesign shallbedried.

iii) Defectsinsupportingstructureslikebulletholes,surfacemarksorbentpostsshallberepairedwitha
ppropriatetools.

iv) Damagedareashallbecleanedandloose/[Link] be filled

with filler and supporting structures shall be painted with first qualityenamelpaintintwo
ormore coats.

84
 PART-II

SPECIFICATIONSFORROADMAINTENANCEWORKS

1. General

1.1 All materials, works and construction operations shall conform to the requirementslaid down in the
“Specifications for Road and Bridge Works” (5 thRevision), Ministry of
RoadTransportandHighways,PublishedbyIndianRoadsCongress(IRC),NewDelhi;IRC:82“CodeofPr
acticeforMaintenanceofBituminousSurfacesonHighways”andIRC:SP:83GuidelinesforMaintenance,
RepairsandRehabilitationofCementConcretePavements”[Link] the
Specification for a work is not given, sound engineering practice shall be adopted
tothesatisfaction ofthe Engineer.

“SpecificationsforRoadandBridgeWorks,MinistryofRoadTransportandHighways”(5 thRevision)isherei
nafterreferred to asMoRTH Specifications.

2. ArrangementforTrafficduringConstruction

2.1 TheContractorshalltakeallnecessarymeasuresandmakearrangementsforthe safety during

construction in accordance with the requirements of Clause 112 of MoRTHSpecifications. He
shall provide, erect and maintain all such barricades, signs, markings, flags,lights as required or
directed by the Engineer for safety of traffic passing through the
sectionunderrepairs/improvement.

2.2 Allmaintenanceworksontheroadshallbecarriedoutinamannerwhichwouldcauseleastinterferencetoth
[Link] to be taken up, the
Contractor during execution of work shall provide and maintain
[Link],atem
[Link] Contractor
shall take prior approval of the Engineer regarding traffic arrangements duringconstruction.

2.3 All arrangements for traffic during construction shall be considered as incidental
totheworkandshallbeContractor’[Link]
onthe Contractorfordeficiencyincompliance totherequirement.

3. QualityControl

3.1 Quality control on materials and workmanship is the primary responsibility of theContractor.
Quality control shall be exercised in accordance with the Quality Plan approved bythe Engineer.
The Engineer may, during and after construction test the quality of materials andworkinorderto
verifyconformance withtheprescribedSpecifications.

3.2 An attempt shall be made to attend to defects like potholes, undulations, rutting,bleeding, linear
and alligator cracks and eroded edges etc. at an initial stage itself.
Thermalbondedpatchesofregularrectangularshapeswithoutbumporsumpshallpreferablybeadopted.

85
4. SpecificationsforRoutineMaintenance

Before any work is started, signs, barriers, etc. shall be placed and necessary arrangementsmade
for ensuring safety of traffic and workers in the work zone, as described in Clause 2 ofthis Section

Preparationofthesurfacepriortoapplicationofanytreatment,shallbecarriedoutinaccordance
withtherelevantClausesofMoRTHSpecifications.

Aftercompletionofthework,[Link]
road.

5. RepairandMaintenanceworksrelatedtoRigidPavements

All repair and maintenance works related to Rigid Pavements shall be carried out
followingIRC:SP:83(GuidelinesforMaintenance,Repairs&RehabilitationofCementConcretePavement
s).

86
 SECTION 8

DRAWINGSANDSCHEDULEOFDRAWINGS

91
 SECTION-9

FINANCIALBIDFORMANDBILLOFQUANTITIES
 SECTION-9
FINANCIALBIDFORMANDBILLOFQUANTITIES
FINANCIALBID FORM
To
Executive Engineer,
National Highway DivisionBhagalpur,

DESCRIPTIONOFWORKS:_ Short Term Maintenance Work From Km. 5th(P) to Km. 37th (P)
of NH-133 E for the Year 2024-25
Reference NIT No. :-NH/BHAGALPUR/STMC/07/2024-25 Dt. 07.08.2024
Dear Sir,
HavingexaminedthesiteofworksandBidDocuments,comprisingInstructionstoBidders,Scope of
Works, Conditions of Contract, Technical Specifications, Bill of Quantities andschedules for the
execution of the above named works, we, the undersigned offer toexecute and complete
such works and remedy any defects therein in conformity with
thesaidbiddocumentsattenderpremiumasquotedintheFinancialBid.
2. Weundertake,ifourBidisaccepted,tocommencetheworkwithinfifteen(15)daysofreceipt of the
order to commence, and to complete and deliver the sections and whole
oftheworkscomprisedinthecontractwithintheperiodstatedinthebidhereto.
3. IfourBidisaccepted,wewillfurnishPerformanceSecurity(ies)intheformofaBankGuarantee to be
jointly and severally bound on us, in accordance with the Conditions ofContract.
4. We agree to abide by this Bid for a period of Ninety (90) days from the last date fixed
forBidSubmissionanditshallremainbindinguponusandmaybeacceptedatanytimebeforetheexpi
ryofthatperiod.
5. We confirm our agreement to treat the Bid document and other records connected withthe works
as secret and confidential documents and shall not communicate
informationcontainedthereintoanypersonotherthanthepersonauthorizedbytheEmployerorusesuchi
nformationinanymannerprejudicialtothesafetyandintegrityoftheworks.
6. Unlessanduntilanagreementispreparedandexecuted,thisBid,togetherwithyourwritten
acceptance thereof, shall constitute a binding contract between us, but
withoutprejudicetoyourrighttowithdrawsuchacceptancewithoutassigninganyreasonsthereof.
7. Weunderstandthatyouarenotboundtoacceptthelowestoranybidyoumayreceive.

Datedthis dayof 20-----

Signature inthecapacityof dulyauthorized**
ToSignBidforandonbehalfof

(inblockcapitalletters)
Address:
SignatureofWitness
Nameofwitness
Addressofwitness

95
 DESCRIPTION OF
WORKS:FINANCIALBID

[Link]. Description Amount

1 GrandTotalofBOQ Rs______/-

I/Weagreetoexecutetheaboveworksonthetenderpremi As per BOQ uploaded in CPP Portal.

um ----------------------------- %above/belowtheGrand
Totaloftheprojectcostasgivenabove.

96
1. Preamble
i) The Bill of Quantities (BOQ) shall be read in conjunction with the Instructions
toBidders,ConditionsofContract,RoadMaintenanceStandardsandSpecificationsforRoadMaint
enance Works.
ii) The quantities given in the Bill of Quantities are estimated quantities. The basis ofpayment
will be actual quantities of items of work carried out and valued at the ratestendered in the
BOQ alongwith accepted/awarded tender premium. The accepted/awarded tender premium
above/below the grand total of the project cost shall
beapplicableforindividualitemsofworktodeterminepayableamounttoContractorforworkdonesu
[Link] provisions.
iii) The rates and prices tendered in the BOQ shall include all equipment, tools,
spares,labour,supervision,overheads,consumables,materials,erection,maintenance,testingo
finputmaterialdelivered,profit,taxesanddutiestogetherwithgeneralrisks,liabilities and
obligations set out and implied in the contract and other incidentals tocomplywiththe
requirements ofStandards andSpecifications.
iv) Payment for performance based activities like maintenance of median and
existingplants(Itemno.2.1),treatmentandrepairofpotholes/ruts(Itemno.3.1)andprovidingroutep
atrolandsurveillance,automobileassistance,towawaycranesandambulanceservices(Itemno.3.
2)shallbeindexedonperformancescaleof100marksasgiveninTable below:

BOQ BriefDescription Weightage Remarks

Item no. forperformanceratin
g
2.1 Maintenance of
medianandexistingplants: 50%
i. Watering of
plantsincludingdressin
gofmedians
ii. Application of FYM 10%
orsludge
[Link] 5%
ofinsecticides/pesticides/fu
ngicide
[Link] 20%
/plants
v. 15%
Replacementofdead/
damageplants
3.1 Providing treatment To be assessed kmwise Performance measurementto
andrepairtopotholes/ruts during bi- be assessed based onroad
monthlyinspection as per maintained as perstandards as
roadMaintenanceStandard a proportion
sindicatedinClause2.1 oftotalprojectlength

97
 3.2 Providing road patrols Each vehicle shall All the vehicles provided
andsurveillance, beassessedasunder: inthe contract shall be
automobileassistance, tow i. vehicle fitness fittedwithVTS
awaycranes and and availability
ambulanceservice ofrequiredequipment
–25%

ii. GPS based

logrecord of
vehiclemovement–
25%
[Link] oftrained
personalmanning
thevehicle–20%

[Link]
responsetime of
ambulanceandcran
es
as
comparedto
stipulated
Standards -30%
v) Performanceassessmentforperformancebaseditemsofwork,shallbedonethroughinspectionbyt
heEngineeratleasttwotimesduringthemonthandoverallratingcanbedoneonthebasisofaverage
ofassessmentsmadeduringtheinspection.
vi) The Contractor shall submit at least once in two months video recording of
conditionoftheProjectHighwaywithspecialemphasisonperformancebaseditems.
vii) For performance based items of work, the Contractor shall be entitled for
receivingpaymentproportionatetotheaveragepercentageperformanceassessedforachieveme
ntbetween80%to100%.
viii) TheContractorshallnotbeentitledforpaymentofperformancebaseditemsofworkifthe
averageperformanceisratedlessthan80%.
ix) A rate or price shall be entered as a single rate as Tender Premium % above/belowonthe
rate/amount inthe BOQ.

NOTEFOREMPLOYER:

i) The items of work given in the BOQ are indicative. Employer may include new
itemsordeleteitemsdependingonthe requirementsofthework.
ii) The performance based items given in the BOQ are indicative and may be
changedasperrequirements.
iii) TheratesofitemsasperapplicableScheduleofRatesarerequiredtobeworkedoutand included in
the BOQ and accordingly amount is to be calculated and included intheBOQ/Summary.
iv) RoadmaintenancestandardsgiveninPart-Iforsomeitemsofworkareindicative.
Thesemaybeamended/supplementedasperspecificrequirementofwork.

98
 SUMMARY

BILLNO. DESCRIPTION AMOUNT(Rs.)

BILLNO.1 ROADMAINTENANCE
Rs_____/-

TOTAL Rs______/-

99
 BILL OF QUANTITY
Item Rate Amount
DescriptionofItems Unit Quantity
No. (inRs.) in Rs
1
Dense Graded Bituminous Macadam II
Providing and laying dense graded bituminous
macadam with higher capacity batch type HMP
using crushed aggregates of specified grading,
premixed with bituminous binder @ 4.5 percent by
weight of total mix and filler, transporting the hot mix
to work site, laying with a hydrostatic paver finisher Cum 127.85 11895.83 1520881.87
with sensor control to the required grade, level and
alignment, rolling with smooth wheeled, vibratory
and tandem rollers to achieve the desired
compaction as per MoRTH specification clause No.
505 complete in all respects.
Grading II ( 26.5 mm nominal size )
2
Bituminous Concrete Grading II
Providing and laying bituminous concrete with higher
capacity batch type hot mix plant using crushed
aggregates of specified grading, premixed with
bituminous binder @ 5.4 percent of mix and filler,
transporting the hot mix to work site, laying with a
hydrostatic paver finisher with sensor control to the Cum 792.26 13454.91 10659787.00
required grade, level and alignment, rolling with
smooth wheeled, vibratory and tandem rollers to
achieve the desired compaction as per MORTH
specification clause No. 507 complete in all
respects)
Grading-II (13 mm nominal size)
3
Wet Mix Macadam
(Providing, laying, spreading and compacting graded
stone aggregate to wet mix macadam specification
including premixing the Material with water at OMC
in mechanical mix plant carriage of mixed Material 2796.66 56101.00
Cum 20.06
by tipper to site, laying in uniform layers with grader
in sub- base / base course on well prepared surface
and compacting with vibratory roller to achieve the
desired density.
Laying using Grader
4
Prime coat over WMM/WBM
Providing and applying primer coat with SS1 grade
bitumen emulsion on prepared surface of granular Sqm 133.64 46.11 6162.14
Base including clearing of road surface and spraying
primer at the rate of 0.70 kg/sqm using mechanical
means..

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 5
Tack coat on Granular surfaces treated with
primer
Providing and applying tack coat with bitumen Sqm 133.64 17.08 2282.57
emulsion using emulsion pressure distributor at the
rate of 0.25 kg per sqm on the prepared bituminous
surface cleaned with mechanical broom.
6
Providing and applying tack coat with bitumen
emulsion using emulsion pressure distributor at the
rate of 0.20 kg per sqm on the prepared Sqm 28831.45 13.86 399603.90
bituminous/granular surface cleaned with
mechanical broom.
7
Retro-Reflectorise Traffic signs
Providing and fixing of retro- reflectorised cautionary,
mandatory and informatory sign as per IRC :67
made of class-C Type IX retro reflective sheeting
fixed over 2mm thick aluminium sheeting vide
clause 801.3, 3/4mm thick Aluminium composite
material sheet depending on the size of the sign
fixed over back support frame of min 25 x 25 x 3 mm
Angle mounted on a mild steel circular pipe 65 NB,
3.2 mm thickness firmly fixed to the ground by
means of properly designed foundation with M25
grade cement concrete 45 cm x 45 cm x 60 cm, 60
cm below ground level as per approved drawing
7(i)
60 cm circular Nos 6.00 5893.00 35357.97

7(ii)
80 mm x 60 mm rectangular Nos 6.00 8084.80 48508.77
7(iii)
60 cm equilateral triangle Nos 6.00 4480.10 26880.57
8
Road Marking with Hot Applied Thermoplastic
Compound with Reflectorising Glass Beads on
Bituminous Surface (Providing and laying of hot
applied thermoplastic compound 2.5 mm thick
including reflectorising glass beads @ 250 gms per Sqm. 880.00 705.30 620664.00
sqm area, thickness of 2.5 mm is exclusive of
surface applied glass beads as per IRC:35 .The
finished surface to be level, uniform and free from
streaks and holes.)
Total :- 1,33,76,229.79

Labour Cess @ 1% 1,33,762.30

Seigionrage fee 71545.78

Total Amount (A) :- 1,35,81,537.87

Add G.S.T. 18 %(B) :- 24,44,676.82

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 Total Civil Cost 1,60,26,214.69

Note: In case of any error of Clause of MoRTH Specifications, the appropriate correct clause of the
MoRTH Specifications shall prevail, as per the decision of Engineer-in-Charge/Employer

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