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TENDER DOCUMENT FOR Extension of Approaches of HL Bridge over river Koshi between Baluaha Ghat to Gandaul upto Hanti Kothi (Biraul) in Saharsa/Da rbhanga District of Bihar. Bihar Rajya Pul Nirman Nigam Limited PATNA Free tenders for Bridge Construction by Bihar Rajya Pul Nirman Nigam Limited-8962131538

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TENDER DOCUMENT

FOR

Extension of Approaches of HL Bridge over river

Koshi between Baluaha Ghat to Gandaul upto Hanti

Kothi (Biraul) in Saharsa/Darbhanga District of

Bihar. 

Bihar Rajya Pul Nirman Nigam Limited

PATNA 

enders for Bridge Construction by Bihar Rajya Pul Nirman Nigam Limited-8962131538

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SECTION – I(Instruction to Bidders)

enders for Bridge Construction by Bihar Rajya Pul Nirman Nigam Limited-8962131538

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Section 1. Instructions To Bidders

A. General

1 Scope of Bid

1.1 The Bihar Rajya Pul Nirman Nigam Limited (BRPNNL), Patna hereinafter

referred to as the Employer, invites Bids on Two Bid System (Technical &

Financial) for construction of 13.00km (approx) long extended portion ofapproach road of Baluaha Ghat Koshi Bridge including construction of 500m

(10x50m) long 3-lane HL RCC/PSC Bridge across river Kamla with footpath

on both side and its 1846m long Guide Bund, one 100m (2x50m) long HLRCC/PSC Major and other Minor Bridges and Culvert and protection work

 between Gandaul and Biraul up to Hanti Kothi (Biraul) in Saharsa/Darbhanga

district of Bihar.

1.2 The successful bidder is expected to complete the Works within the stipulated

completion time of 30 (Thirty) Months, also specified in the contract data.

(Schedule F) 1.3 Throughout these bidding documents, the terms "Bid" and "Tender" and their

derivatives (bid/tender, bidder/tenderer, bidding/tendering, etc.) are

synonymous.

2. Source of Funds

2.1 The expenditure on this project shall be met by Government of Bihar funded by NABARD.

3. Eligible Bidders3.1 The invitation to bid is open to any bidder meeting all requirements.

3.2 Bidders shall not be under a declaration of ineligibility for corrupt or

fraudulent practices by any of the State Government or central Govt. or Public

Undertakings or any Autonomous body.

4. Qualification of the Bidder

A  General Qualification –All bidders shall include the following information’s and documents with

their bids -

(i) Copies of Registration with Company Registrar, Constitution or Legal Status(Memorandum and Article of Association), Place of Registration, and

Principal Place of Business.

(ii) Power of Attorney for authorizing to signatory of the Bid

(iii) Registration in any government department with category / Class.

(iv) Registration in Income Tax, PAN/TAN, Commercial Tax.

(v) EPF must be submitted at the time of agreement.

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  (vi) Affidavit for Debar, Blacklisted & Rescind in given format of (section -VI).

B  Technical Qualification –All bidders shall include the following technical information’s and

documents with their bids -(i) The Bidder shall provide evidence to the employer that it has experience of

successfully completing the construction of similar nature of single RCC/PSC

two lane Bridge (over river/ sea) of length not less than 200.00M.It should alsohave experience of completing any RCC Bridge having at least one main span

of 30.00M or more. The work should have been executed by the bidder during

the last five years from 2007 - 08 to 2011 - 12 as prime contractor under StateGovernment / Central Government / Public Sector Unit of any State / Central

Government.

(ii) The Bidder shall provide evidence to the employer that it has executed in anyone financial year during last five financial years as prime contractor under

State Government / Central Government / Public Sector Unit of any State /Central Government. The minimum quantities of the following items of

works as indicated –

Item Min Required Quantity Remarks

- Well Sinking = 827.00 RM In any one year during

Last five financial year

(2007-08 to 2011-12)

or

- Pile 1.2m dia - = 3308.00 RM In any one year during

Last five financial year

(2007-08 to 2011-12)

- Concreting in Bridge Work

( excluding PSC) = 21916.00CUM In any one year during

Last five financial year

(2007-08 to 2011-12)

- PSC(Pre Stressed Concrete)

in Super Structure = 1984.00 CUM In any one year during

Last five financial year

(2007-08 to 2011-12)

- Earth Work in Embankment = 729142.00CUM In any one year during

Last five financial year

(2007-08 to 2011-12)

- Stone Boulder Pitching = 28000.00 CUM In any one year during

Last five financial year

(2007-08 to 2011-12)

- Granular Sub-Base (GSB) = 11152.00 CUM In any one year during

Last five financial year

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  (2007-08 to 2011-12)

- Wet Mix Macadem (WMM) = 9424.00 CUM In any one year during

Last five financial year

(2007-08 to 2011-12)

- Bituminous work = 7000.00 CUM In any one year during

Last five financial year(2007-08 to 2011-12)

 N.B- Experience certificate issued by competent authority ofGovernment/PSUs. only shall be valid.

(iii) Equipments -

Availability (either owned or leased) of the minimum suggested majorequipment to attain the completion of works in accordance with the prescribed

construction schedule in given format (Section -VI) (machines should not be

older than 5 years ) as:

i). Excavators / Dozers 4 Nos.

ii). Graders 1 Nos.

iii). Cranes (Mobile) 25 tone to 40 tone capacity 8 Nos.

iv) Concrete Batching Plants (60 cum/hr). 2 Nos.

v). Vibratory Road roller + pneumatic rollers 4 Nos.

vi). Stressing Jacks 6 Nos.

vii). Grouting sets 2 Nos.

viii) Concrete Pumps 2 Nos.

ix). Transit Mixers 6 Nos.

x). Truck / tippers / Dumpers 10 Nos.xi). Generators 500 / KVA capacity As per site

requirementxii). Air Compressors 1 Nos.

xiii). Smooth wheeled roller 2 Nos.

xiv). Sensor Paver Finisher 1 Nos.

xv). Sensor paver fimisher (WMM) 1 Nos.

xvi). Wetmix plant (75 tone capacity) 1 Nos.

xvii). Water tanker 5 Nos.

xviii) Bauser (bitumen sprayer) 1 Nos.xix). Computerized Hot Mix Plant 1 Nos.

xx). All necessary equipment for conducting

necessary tests shall be provided at thesite laboratory by the contactor at his

own cost.

As per site

requirement

Besides above he should have adequate number of centering trusses,dewatering pumps, modern survey equipments, Lab Equipments, ambulance,

light vehicles etc.

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  (iv) Key personnel -

Availability for this work, Key Personnel with adequate experiences as required in

given format (Section – VI). 

S. No. Key Personnel Qualification Experience in Years

1Senior Project Manager

(1 No)Degree in Civil Engineering

20 Years at least 5 YearsExp. In Similar Nature of

work and Post

2Planning Engineer

(1 No)Degree in Civil Engineering

15 Years at least 5 YearsExp. In Similar Nature of

work and Post

3Project Manager(Bridge Engineer)

(2 Nos.)Degree in Civil Engineering

15 Years at least 5 YearsExp. In Similar Nature of

work

4 Highway Engineer (2 No) Degree/ Diploma in CivilEngineering

10 Years at least 5 Years

Exp. In HighwayEngineering work

5 Junior Engineers (3 Nos) Diploma in Civil Engineering8 Years at least 5 YearsExp. in Similar Nature of

work

6 Quantity Surveyor (1 No) Diploma in Civil10 years at least 5 YearsExp. in Similar Nature of

work

7Quality Control Engineer

(1 No)Degree in Civil Engineering

10 years at least 5 YearsExp. In Similar Nature of

work

8 Surveyor (1 No)Experience with total Stationand other modern technical

5 years

(v) Besides above adequate nos. of technical, account, office and laboratory

 persons should be available.

Further, the employer shall discuss the requirement of equipment and personnel in detail with the successful bidder in accordance with the

 programme of work for completion.

Within the stipulated period of completion, the bidders shall have to modify

and / or augment them as required, based on such discussions.

(VI) The proposed methodology and programme of construction, backed withequipment planning and deployment, duly supported with broad calculations

and quality control procedures proposed to be adopted, justifying their

capability of execution and completion of the work as per technical

specifications within the stipulated period of completion as per milestones.

C. Financial Qualification(i) Turn Over - The bidder should have a minimum annual financial turn over of

89.05 crores (in all classes of civil engineering construction work) in any oneyear during last five year from 2007 - 08 to 2011-12 duly certified by C.A. The

turnover will be indexed at the rate of 8% per annum (Compounded upto year

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2011-12).

(ii) Financial Resources / Liquid Assets  -Availability of Financial Resources / Liquid Assets amount mentioned in

Appendix to ITB.

Evidence of Access to line(s) of credit duly certified by the Bankers for

specific work in given format (Section – VI) (Not more than 3 months old). (iii) Undertaking for specific work that the bidder will be able to invest a minimum

cash upto 25% of contract value of work, during implementation of work,format given in (Section – VI) 

(iv)

(v) 

Authority to seek references from the Bidder's bankers, format given in

(Section – VI)

Information regarding yearwise value of civil construction works in format

given in (Section-V)

(vi) Information regarding any litigation, current or during the last five years

(2007-08 to 2011-12), in which the Bidder is involved, the parties concerned,and disputed amount with present status, format given in (Section – VI) 

(vii) Existing commitments -

The statement sharing the value and other details of executed works / existing

commitments and on going works as well as the stipulated period of

completion relating to each of the works listed should be certified by theEmployer, format given in (Section – VI)

5 BID CAPACITY

Bidders who meet the minimum qualification criteria will be qualified only if

their available Bid capacity is more than the estimated cost put to tender. Theavailable bid capacity will be calculated as under :

Assessed Available Bid Capacity = ( A * N * 2 – B)

A = Maximum value of civil engineering works executed in any one yearduring the last five years (updated to the price level of the year indicated in

appendix to ITB) taking into account the completed as well as works in

 progress.

 N = Number of years prescribed for completion of the work for which bids areinvited.

B = Value (updated to the price level of the year indicated in Appendix to ITB)of existing commitments and on-going works to be completed during the next

30 (Thirty) months.

6 JOINT VENTURES

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  A Joint Venture should be registered under the company act, the registrar of

company must have issued the certificate of incorporation before the date ofsigning the agreement. At the time of bidding joint venture who are not already

registered shall submit a notarized agreement, forming the joint Venture. The

JV should not be of more than two partners. Foreign partner shall not be

allowed.B Bids submitted by a registered/to be registered JV of only two firms, as

 partners shall comply with the following requirements.

i). Copies of Registration with Company Registrar, Constitutionor Legal Status (Memorandum and Articles of Association),

Place of Registration, and Principal Place of Business, by both

Lead Partner & Other Partner.ii). Registration in any government department with category /

Class by lead partner and other partner.

iii). Registration in Income Tax, PAN/TAN, Commercial Tax, by

lead partner and other partner.

iv). EPF may be submitted but at the time of agreement must besubmitted.

v). Affidavit for Debar, Blacklisting & Rescind in given format of

(section -VI) by lead partner and other partner.vi). Authorization or resolution by both the partners to execute J.V.

vii) Agreement of J.V.

viii) The proportion of share holdings in the joint venture company

should be clearly mentioned in their agreement. However the

share of Lead partner should be at least 50% and for other

 partner should be at least 25% and both in combined shouldfulfil the 100% criteria in both cases (Technical qualification

and Financial qualifications)ix) Power of Attorney for authorizing to signatory Bid by lead

 partner and other partner / Joint Venture.

C. Technical Qualification(i) The bidder shall provide evidence to the employer that the minimum

technical qualification of successfully completing single two lane Bridge of

length not less than 200m. It should also have experience of completing anyRCC Bridge  having at least one main span of 30.00M or more.The work

should have been executed by the bidder in last five years from 2007–08 to

2011–12  as prime contractor under State Government /Central Government/ Public Sector Unit of any State / Central Government by the JV/ lead

partner of the joint venture.

(ii) The bidder shall provide evidence to the employer that it has executed in

any one financial year during last five financial years form 2007- 08 to 2011-12 as prime contractor under State Government / Central Government / Public

Sector Unit of any State / Central Government the quantities demonstrated in

clause 4 B (ii) in proportion to their share holding. The experience of the two partners of JV regarding quantities of work executed in different one year of

the last five financial years (from 2007-08 to 2011-12) could also be clubbed

together to judge the required technical qualification of the JV for one year.

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  D. Financial Qualification(i)  Turn Over - The Turn over should be in the proportion of their

share holding. The total turn over will be as per clause 4 C (i).Turn

Over of the two partners of JV in different one year of the last five

financial years could be clubbed together to judge the financial

qualification of JV.

(ii) Financial Resources / Liquid Assets  -

The Financial Resources / Liquid Assets should be in the proportion

their share holdings. The total Financial resources / Liquid Assetsas per Clause 4 C (ii).

(iii) Undertaking for specific work that the bidder will be able to invest aminimum cash upto 25% of contract value of work, during

implementation of work, format given in (Section – VI) on behalf

of J.V.(iv)  Authority to seek references from the Bidder's bankers, format

given in (Section – VI) separately by lead partner and other partner

/ J.V.(v)  Information regarding any litigation, current or during the last five

years (2007-08 to 2011-12), in which the Bidder is involved, the

 parties concerned, and disputed amount with present status, format

given in (Section – VI) separately by lead partner and other partner/ J.V.

(vi) Existing commitments -

The statement sharing the value and other details of executed works/ existing commitments and on going works as well as the

stipulated period of completion relating to each of the works listed

in format given in (Section – VI) separately by lead partner and

other partner / J.V.E. The partner in charge shall be authorized to incur liabilities, receive payments

and receive instructions for and on behalf of any or both partners of the JV in

entire execution of the contract

F. In case of a successful bid, the form of Contract Agreement shall be signed soas to be legally binding on all partners.

G. The earnest money submitted by the JV should be in the name of Joint Venture

Company only, format given in (Section – VI)

H. All payment will be made in the name of J.V.

7. A. One Bid per Bidder(i) Each bidder shall submit only one bid either by itself, or as a partner in a joint

venture. A bidder who submits or participates in more than one bid will cause

all those bids to be rejected.

B. Cost of Bidding

(i) The bidder shall bear all costs associated with the preparation and submissionof its bid and the Employer will in no case be responsible or liable for those

costs. In case of cancellation of Bid, cost of bidding document shall not be

refunded.

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  (ii) Tender documents are not transferable.

C Site Visit

(i) The bidder is advised to visit and examine the Site of Works and its

surroundings and obtain all information that may be necessary to assess thesite condition for preparing the bid and entering into a contract for completionof the Works.No future claim regarding site condition will be entertained. The

costs of visiting the Site shall be at the bidder's own expense.

(ii) The bidder and any of its authorized personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the

 purpose of such inspection, but only upon the express condition that the

 bidder, its personnel and agents, will release and indemnify the Employer and

its personnel and agents from and against all liability in respect thereof andwill be responsible for death or personal injury, loss of or damage to property

and any other loss, damage, costs and expenses incurred as a result of the

inspection.

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B. Bidding Documents 

8. Content of Bidding Documents

The bidding documents are those stated below, and should be read in

conjunction with any Addenda issued in accordance with Clause 10:

Invitation for Bids 

Section 1 Instructions to Bidders

Section 2 Conditions of Contract

Section 3 Technical Specification.

Section 4 Special Condition

Section 5 Forms of Proposals and Appendices

Section 6 Sample Forms

Section 7 Drawings

8.1

Section 8 Bill of Quantities

8.2 The bidder is expected to examine carefully the contents of the Biddingdocuments. Failure to comply with the requirements of bid submission will

 be at the bidder's own risk. Bids which are not substantially responsive to the

requirements of the bidding documents will be rejected.

9. Clarification of Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents

may notify the Employer in writing or by fax / Email at the Employer'saddress indicated in the Invitation for Bids. The Employer will respond to

any request for clarification which it receives upto pre-bid meeting. Copies ofthe Employer's response, including a description of the inquiry, will be

hoisted on employer's web site i.e. www.brpnn.bih.nic.in &

www.eproc.bihar.gov.in 

10. Amendment of Bidding Documents

10.1 At any time prior to the deadline for submission of bids, the Employer may,

for any reason, whether at its own initiative or in response to a clarificationrequested by a prospective bidder, modify the bidding documents by issuing

addenda.

10.2 Any addendum thus issued shall be part of the bidding documents pursuant to

Sub-Clause 8.1, shall be communicated through web site i.e.

www.eproc.bihar.gov.in & www.brpnn.bih.nic.in 

10.3 To afford prospective bidders reasonable time in which to take an addendum

into account in preparing their bids, the Employer may extend the deadlinefor submission of bids, in accordance with Clause 22.

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C. Preparation of Bids

11. Language of Bid

11.1 The bid, and all correspondence and documents related to the bid, exchanged

 between the bidder and the Employer shall be written in the Englishlanguage.

12. Documents Comprising the Bid

12.1 The bid uploaded by the bidder shall comprise two parts uploaded

simultaneously, one containing only the technical proposal and the other the

 price proposal.

The technical proposal shall contain the following:(i) Bid Form for Technical Proposal and Appendix to Technical Proposal;

(ii) Power of Attorney;

(iii) Information on Qualification with supporting documents

(iv) Confirmation of Eligibility (certificates, undertakings, affidavits as

specified).(v) Schedule of Major Items of Equipment / Construction Plant.

(vi) Schedule of Key Personnel;

(vii) Schedule of Compliance with the Bidding Documents; and

(viii) Any other materials required to be completed and submitted by bidders in accordance with the Instructions to Bidders.

12.2

(ix) An affidavit affirming the information furnished in the biddingdocuments is correct to the best of his knowledge and belief.

(x) Earnest Money / Bid Security - The original should be submitted to the

office of Senior Design Engineer, incharge Senior Project Engineer Baluaha

Ghat Saharsa. Bihar Rajya Pul Nirman Nigam Ltd, / Dy. Chief Engineer,

Bihar Rajya Pul Nirman Nigam Ltd. North Bihar Circle, Patna.

12.3 The item rate proposal shall be uploaded in Financial template bid.

13. Bid Form and Price Schedules

13.1 The Bidder shall complete the Bid Form in the manner and detail indicated

therein, following the requirements of Clauses 14 and 15.

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14. Bid Prices

14.1 Unless specified otherwise in Employer's Requirements, Bidders shall quote

for the entire facilities on a “single responsibility" basis such that the total bid price covers all the Contractor's obligations mentioned in or to be reasonably

inferred from the bidding documents in respect of the manufacture, including

 procurement and subcontracting (if any), delivery, construction, installation

and completion of the facilities. This includes all requirements under theContractor's responsibilities for testing, Diversion and maintenance of

existing facilities and, where so required by the bidding documents, the

acquisition of all permits, approvals and licenses, etc such other items andservices as may be specified in the bidding documents, all in accordance with

the requirements of the Conditions of Contract.

14.2 Prices quoted by the bidder shall be subject to adjustment during

 performance of the contract to reflect changes in the cost of labour, fuel,

material, equipment and transport components in accordance with the

 procedures specified in the Conditions of contract. The price adjustment provision will not be taken into consideration in bid evaluation.

15. Bid Currencies

15.1 Prices shall be quoted in the Indian Rupees only. All payments shall be madein Indian Rupees only.

16. Bid Validity

16.1 Bids shall remain valid for a period of 120 days after the date of opening of

technical proposals in given format (section – VI).

16.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request the bidders to extend the period of validity

for a specified additional period. The request and the responses thereto shall be made in writing or by cable. A bidder may refuse the request without

forfeiting its bid security. A bidder agreeing to the request will not be

required or permitted to modify its bid, but will be required to extend thevalidity of its bid security for the period of the extension, and in compliance

with Clause 17 in all respects.

17. Bid Security

17.1 The Bidder shall furnish, as part of its bid with the price proposal, a bid

security in any of the forms as narrated in clause 17.2 to the amount as shownin NIT duly pledged in favour of Senior Design Engineer, Incharge Senior

Project Enginneer, Baluaha Ghat , Bihar Rajya Pul Nirman Nigam Limited,

as mentioned in Bihar Financial Rules.

The bid security shall, at the bidder's option as mentioned in Bihar Financial

rules, be in any of the following form

17.2

(i) Indian post office term deposit 6 year, National Saving Certificate-issueVIII, Kisan Vikash Patra duly pledge in favour of Senior Design Engineer,

Incharge Senior Project Enginneer, Baluaha Ghat , Bihar Rajya Pul Nirman

 Nigam Limited.

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(ii) Fixed deposit receipt of a Scheduled Indian bank, Fixed deposit receipt

should be Valid for six months after last date of receipt of tender and shall be pledged in the name of Senior Design Engineer, Incharge Sr Project Engineer

Baluaha Ghat Saharsa, Bihar Rajya Pul Nirman Nigam Ltd.

(iii) Unconditional bank guarantee from any scheduled Indian bank issuedwithin the state in the format given (if issued from any bank outside state will

 be converted to any Bank within the state before executing the agreement).

(v) Earnest Money / Bid Security shall be submitted in one envelope marked

in bold marked at top as 'EARNEST MONEY' in the office of Senior project

engineer, Incharge Sr. Project Engineer, Baluaha Ghat Saharsa, Bihar RajyaPul Nirman Nigam Limited, or in the office of Deputy Chief Engineer, Bihar

Rajya Pul Nirman Nigam Limited, North Bihar Circle, Patna and scanned

copy of the same shall be uploaded on website i.e. www.brpnn.bih.nic.in &

www.eproc.bihar.gov.in in case of J.V. company the Bid Security should bein the name of J.V. only

17.3 The bid security shall remain valid for 45 days beyond the original validity period for the bid, and beyond any period of extension subsequentlyrequested under Sub-Clause 16.2.

17.4 Any bid not accompanied by an acceptable bid security shall be rejected by

the Employer as non responsive.

17.5 The bid securities of unsuccessful bidders will be returned as promptly as possible, within 28 days of the period of bid validity or extensions of bid

validity given by bidder.

17.6 The bid security of the successful bidder will be returned when the bidder has

signed the Contract Agreement and furnished the required performance

security.

The bid security may be forfeited

(a) if the bidder does not accept the correction of its bid price, pursuant toSub-Clause 34.2; or

17.7

(b) in the case of a successful bidder, if it fails within the specified time limitto sign the Contract Agreement & furnish the required performance security,

18. Proposals by Bidders

18.1 Bidders shall submit offers that fully comply with the requirements of the bidding documents.

19. Pre-Bid Meeting

19.1 A Pre-bid meeting shall be held on 30.01.2013 at 3:00 PM  Noon in the

conference hall of BRPNN Ltd, 7, Sardar Patel Marg, Patna - 800 015.

19.2 The purpose of the meeting will be to clarify issues and to answer questionon any matter that may be raised at that stage.

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  19.3 The Bidder is requested to submit any questions in writing or by fax, upto

 pre-bid meeting.

19.4 Minutes of the meeting, including the text of the questions raised and the

responses given will be placed on website for information of the bidders.

Any modification of the bidding documents listed in Sub-clause 8.1. which

may become necessary as a result of the of the pre-bid meeting shall be made by the employer exclusively through the issue of an addendum pursuant to

clause 10 and not through the minutes of the pre-bid meeting and shall be

 placed on website.

19.5 Non - attendance at the pre-bid meeting will not be a cause fordisqualification of a bidder.

20. Format and Signing of Bid

20.1 Bidders can access bid documents on the website, fill them and submit thecompleted tender documents into Electronic tender on the website itself.

Bidders shall attach scanned copies of all the paper i.e., DD/Earnest moneyand the certificates as required in eligibility criteria.

20.2 The bid shall contain no alterations, omissions or additions, except those to

comply with instructions issued by the Employer, or as necessary to correct,

errors made by the bidder.

20.3 The tenderer must furnish the Earnest Money as mentioned in NIT. The

Earnest Money may be in anyone of the shape as described in sub-clause17.2.

 No interest shall be allowed on earnest money deposit.

D. Submission of Bids

21. Sealing and marking of Bids

Bids must be received by the Employer on the website

www.eproc.bihar.gov.in  no later than the time and date specified in the NIT.

Bidders are required to upload simultaneously one containing only thetechnical proposal and other price proposal.

22. Deadline for submission of Bid

The Employer may, at its discretion, extend the deadline for submission of bids by issuing an addendum in accordance with Clause 10, in which case all

rights and obligations of the Employer and the bidders previously subject to

the original deadline will thereafter be subject to the deadlines extended.

23. LATE BIDS After the expiry of deadline of submission of bids prescribed in clause 22 the

 bids shall not be accepted by the system.

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E. Opening and Evaluation of Technical Proposals

24. Opening of Technical Proposals

24.1 The Employer or their authorized representative will open the technical

 proposals, in the presence of bidders' representatives who choose to attend; at

time, date and place specified in the appendix to ITB. The bidders'representatives who are present shall sign a register evidencing their

attendance. Even in the case of absence of the bidder at the time of opening

of bids department will proceed ahead with the opening.

In the event of specified date of bid opening being declared in a holiday for

Bihar Rajya Pul Nirman Nigam Ltd. the bid will be open at pointed time &

location on next working day

24.2 The price proposals will remain unopened till the time of opening of the price

 proposals. The time, date and location of bid opening of the price proposalswill be intimated through the website as indicated in NIT by the Employer.

25. Process to be Confidential

25.1 Information relating to the examination, clarification, evaluation andcomparison of bids and recommendations for the award of a contract shall

not be disclosed to bidders or any other persons not officially concerned with

such process. Any effort by a bidder to influence the Employer's processing

of bids or award decisions may result in the rejection of the bidder's bid.

26. Preliminary Examination of Technical Proposals

26.1 During detailed evaluation of "Technical Bids",  the Employer will

determine whether each Bid (a) meets the eligibility criteria defined in Clause3 and 4; (b) has been properly signed; (c) is accompanied by the required

securities and; (d) is substantially responsive to the requirements of the

Bidding documents. During the detailed evaluation of the "Financial Bid", 

the responsiveness of the bids will be further determined with respect to theremaining bid conditions, i.e., priced bill of quantities, technical

specifications, and drawings.

26.2 A substantially responsive "Financial Bid" is one which conforms to all theterms, conditions, and specifications of the Bidding documents, without

material deviation or reservation. A material deviation or reservation is one

(a) which affects in any substantial way the scope, quality or performance ofthe Works; (b) which limits in any substantial way, inconsistent with the

Bidding documents, the Employer's rights or the Bidder's obligations underthe Contract; or (c) whose rectification would affect unfairly the competitive

 position of other Bidders presenting substantially responsive Bids

27. Evaluation and Comparison of Technical Proposals

27.

1

The Employer will carry out a detailed evaluation of the bids in order to

determine whether the bidders are qualified and whether the technical aspects are

substantially responsive to the requirements set forth in the bidding documents.In order to reach such a determination, the Employer will examine the

information supplied by the Bidders and other requirements in the bidding

documents, taking into account the following factors:

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(a) Qualification

(i) the determination will take into account the Bidder's financial and technical

capabilities and past performance; it will be based upon an examination of thedocumentary evidence of the Bidder's qualifications submitted by the Bidder as

well as such other information as the Employer deems necessary and appropriate;

and

(ii) an affirmative determination will be a prerequisite for the Employer to

continue with the evaluation of the technical proposal; a negative determination

will result in rejection of the Bidder's bid.

(iii) general qualification as per ITB 4 A (i) to (iv)

(b) Technical

Following documents shall be furnished in Technical Proposal:

(i) Firm's experience in respect of Similar Nature of works carried out in last five

years (2007- 08 to 2011-12).

(ii) Firm's turnover of Civil Engineering works for the last 5 years (2007-08 to2011-12), certified copy of audited account, Annual Reports including Profit and

Loss Account shall be furnished in support of the details.

(iii) Documents for satisfactorily completed as a prime contractor total length of asingle Bridge as mentioned in 4 B (i) under head qualifying requirements for

work during the last 5 years (2007- 08 to 2011-12).

(iv) Liquid Assets / Credit facility as defined in clause no. – 4.C(ii) of not less

than the amount as mentioned in Appendix to ITB.

(v) Bidders who must have the minimum qualification criteria will be qualified

only if their available bid capacity is more than the total estimated value of the

works for which he has offered his bid.

(vi) Executed in any one year during last five years, the following minimumquantities of work in a Bridge work and other similar nature of works as given in

4 B (ii)

(vii) During last five years completed at least One single two lane Bridge of

similar nature of a length not less than 200M.

(viii) List of Equipments and Construction Plants.

(ix) Details of the office and key persons employed by the firm.

(x) Proposed Organisation Chart and Bio-Data of Key Personnel proposed to be

deployed for the Project.

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The experience certificate from Employers / Prime clients in support of having

completed similar nature of works with length, scope of services rendered by thefirm should clearly be indicated in the certificate issued from them.

(xi) Proforma for furnishing information on Experiences :

Sl.

 No.

 Name of

the Project

 Name and

address of prime client

with

telephonenos.

Total

length

Cost of

Contract(in Rs.)

Date of

Start andcompletion

on date

Brief

Descriptionof the work 

Remarks

 

(xii) Details regarding work in hand for the similar type must be furnished in the format

given in (Section – VI)

(xiii) Proposed methodology for the execution of the services Illustrated with

CPM & PERT charts & Ms Project of activities including equipments to beused and procedures to be adopted.

(xiv) Quality Assurance system for Contract Assignment.

(xv) In case the Bidder / Contractor envisages to outsource certainspecialized services (e.g. geotechnical investigation etc.) to the expert

agencies, the details of the same indicating the arrangement made with the

agencies need to be furnished. These agencies would however, be subject toapproval of the client shall ensure quality input by such agencies during

technical negotiation prior to the award of contract.

(xvi) FIRM/ORGANISATION INFORMATION :

Following information about the firm shall be submitted.

(a) Firm’s Legal entity and name

(b) Type of Organization (Individual / Partnership / Pvt. Ltd. / Limited /

Corporation / Other (PI. Specify) - (Enclose copy of Memorandum / Article

of Association Partnership deed, if applicable)

I Country of incorporation /Registration

(d) Date of Incorporation / Registration

(e) Incorporation document/ Registration number (enclose copy of the same).

The Bid found deficient in any respect of these requirements may not beconsidered for further evaluation.

The technical Bid must not include any financial information.

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28. Clarification of Technical Proposals and Contacting the Employer

28.1 The Employer may conduct clarification meetings with each or any Bidder todiscuss any matters, technical or otherwise, where the Employer requires

amendments or changes to be made to the Technical Proposal.

28.2 The Bidder shall upload original / supplementary price proposal on the website i.e. – www.eproc.bihar.gov.in 

28.3 Supplementary price proposals after due date shall not be acceptable to the

system.

28.4 Any effort by the bidder to influence the employer in evaluation of technical

 proposals, bid comparison or the Employer’s decisions on acceptance or

rejection of bids may result in the rejection of the bidder’s bid.

29. Invitation to Attend Opening of Price Proposals

At the end of the evaluation of the technical proposals and after receiving theapproval of the Committee, the Employer will invite bidders who have

submitted substantially responsive technical proposals and who have beendetermined as being qualified for award to attend the bid opening of the price

 proposals. The successful bidder in Technical proposal shall be given noticefor the opening price proposal.

F. Opening and Evaluation of Price Proposals

30. Opening of Price Proposals

30.1 The Employer will open the price proposals and, if provided, the

supplementary price proposals of all bidders who submitted substantiallyresponsive technical proposals at the time and date at the location advised tothe bidders. The bidder's representatives who are present shall sign a register

evidencing their attendance.

30.2 The bidder's names, the Bid Prices including Supplementary Price Proposals,

the total amount of each bid, any discounts, the presence or absence of bidsecurity and such other details as the Employer may consider appropriate,

will be announced and recorded by the Employer at the opening. The bidder'srepresentatives will be required to sign this record.

31.3 The employer shall prepare the minutes of bid opening including the

information disclosed to those present accordance with sub clause 30.2.

31. Process to be Confidential

31.1 Information relating to the examination, clarification, evaluation and

comparison of bids and recommendation for the award of a contract shall not

 be disclosed to bidders or any other persons not officially concerned withsuch process until the award to the successful bidder has been announced.

Any effort by a bidder to influence the Employer's processing of bids or

award decisions may result in the rejection of the bidder's bid.

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32. Clarification of Price Proposals and Contacting the Employer

32.1 To assist in the examination, evaluation and comparison of price proposals,the Employer may, at its discretion, ask any bidder for clarification of its bid.

The request for clarification and the response shall be in writing or by Fax/

Email, but no change in the price or substance of the bid shall be sought,

offered or permitted except as required to confirm the correction ofarithmetic errors discovered by the Employer in the evaluation of the bids in

accordance with Clause 34.

32.2 Subject to Sub-Clause 31.1, no bidder shall contact the Employer on any

matter relating to its bid form the time of opening of price proposals to thetime the contract is awarded. If the bidder wishes to bring additional

information to the notice of the employer, it should do so in writing.

32.3 Any effort by the bidder to influence the Employer in the Employer's

evaluation of price proposals, bid comparison or contract award decisionsmay result in the rejection of the bidder's bid.

33. Preliminary Examination of Price Proposals and Determination of Responsiveness

33.1 The Employer will examine the bids to determine whether they are complete,whether the documents have been properly signed, whether the required

security is included, whether the bids are substantially responsive to the

requirements of the bidding documents; and whether the bids provide anyclarification and/or substantiation that the Employer may require pursuant to

Clause 32.

33.2 A substantially responsive bid is one which confirms to all the terms,

conditions and requirements of the bidding documents, without material

deviation or reservation and includes the amendments and changes, if any,requested by the Employer during the evaluation of the bidder's technical

 proposal.

33.3 If a price proposal is not substantially responsive, it will be rejected by the

Employer, and may not subsequently be made responsive by correction orwithdrawal of the nonconforming deviation or reservation.

34. Correction of Errors

34.1 Price Proposals determined to be substantially responsive will be checked by

the Employer for any arithmetic errors & the same will be rectified.

34.2 The amount stated in the Form of Bid for Price Proposal will be adjusted bythe Employer in accordance with the above procedure for the correction of

errors and, shall be considered as binding upon the bidder. If the bidder doesnot accept the corrected amount of bid, its bid will be rejected, and the bid

security may be forfeited.

35. Evaluation and Comparison of Price Proposals

35.1 The Employer will evaluate and compare only the bids determined to be

substantially responsive in accordance with Clause 33.

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The Employer's evaluation of a bid will take into account, in addition to the

 bid prices indicated in the Schedule of Prices, the following costs and factorsthat will be added to each Bidder's bid price in the evaluation using pricing

information available to the Employer, in the manner and to the extent

indicated in Employer's Requirements & technical specifications.

(a) the additional price, if any, reflected in the supplementary price proposal.

If the price stated is not realistic the bid is liable to be rejected;

35.2

(b) compliance with the time schedule called for in the Appendix to Price

Proposal and evidenced as needed in a milestone schedule provided in the bid;

Pursuant to Sub clause 35.4, the following evaluation methods will be

followed:

35.3

(a) Time Schedule:  The works and facilities to be completed within the

 period specified in sub clause 1.2

(b) Functional specifications of the facilities: 

Bidders shall meet the functional specifications as per Employer's

Requirements. Bids offering functional parameters less (or more) than the

minimum (or maximum) specified shall be rejected.

(a) Any adjustments in price which result from the above procedures shall beadded, for purposes of comparative evaluation only, to arrive at an

"Evaluated Bid Price." Bid prices quoted by Bidders shall remain unaltered.

(b) The Employer reserves the right to accept or reject any variation ordeviation. Variations, deviations, and other factors which are in excess of the

requirements of the bidding documents or otherwise result in the accrual ofunsolicited benefits to the Employer shall not be taken into account in bid

evaluation.

(c) The estimated effect of the price adjustment provisions of the Conditionsof Particular Application, applied over the period of execution of the

Contract, shall not be taken into account in bid evaluation.

35.4

(d) If the bid of the successful bidder is substantially below the Employer's

estimate for the contract, the Employer may require the bidder to produce

detailed price analyses to demonstrate the internal consistency of those prices. After evaluation of the price analysis, the Employer may require thatthe amount of the performance security set forth in Bid Document be

increased at the expense of the successful bidder to a level sufficient to

 protect the Employer against financial loss in the event of default of thesuccessful bidder under the Contract.

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G. Award of Contract

36 Subject to Clause 41, the Employer will award the Contract to the bidder

whose bid has been determined to be substantially responsive to the bidding

documents and who has offered the Lowest Evaluated Bid Price, providedthat such bidder has been determined to be (i) eligible in accordance with the

 provisions of Clause 3; and (ii) qualified in accordance with the provisions ofClause 4.

37. Employer’s Right to Accept any Bid and to Reject any or all Bids

37.1 The Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of Contract,

without thereby incurring any liability to the affected bidder or bidders or any

obligation to inform the affected bidder or bidders of the grounds for the

Employer's action.38. Notification of Award

38.1 Prior to expiration of the period of bid validity prescribed by the Employer,

the Employer will notify the successful bidder by fax / E Mail / web,

confirmed by registered letter, that his bid has been accepted. This letter(hereinafter and in the Conditions of Contract called the "Letter of

Acceptance") shall name the sum which the Employer will pay to theContractor in consideration of the execution, completion and maintenance of

the Works by the Contractor as prescribed by the Contract (hereinafter and in

the Conditions of Contract called "the Contract Price").

38.2 The notification of award will constitute the formation of the Contract.

38.3 Upon furnishing of a performance security by the successful bidder , the

Employer will promptly notify the other bidders that their bids have been

unsuccessful.

39. Signing of Contract Agreement

39.1 The bidder whose bid has been accepted will be notified of the award ( called

the letter of acceptance) by the employer by Fax or E-mail.

39.2 Within 15 days the agreement will incorporate all agreements between theemployer and the successful bidder. It will be sign by the employer and the

Successful bidder after the Performance Security is furnished.

40. Performance Security

40.1 Within 10 days of receipt of the notification of award from the Employer,the successful bidder shall furnish to the Employer a performance security in

an amount of @ 5 % of the Contract Price in accordance with the Conditions

of Contract. In case of the contract price being lesser than the Bid Cost, anextra performance security will be applicable as per the norms mentioned in

letter no. - 3376 dated 17.08.2010 0f Engineer-in-Chief, Road Construction

Department, Govt. of Bihar. The form of performance security provided in

Section 6 of the bidding documents should be used.

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41. Corrupt or Fraudulent Practices

41.1 The BRPNNL requires that bidders/suppliers/contractors observe the highest

standard of ethics during the procurement and execution of such contracts. InPursuance of this policy, the BRPNNL:

(a) defines, for the purposes of this provision, the terms set forth below asfollows:

(i) "corrupt practice" means behavior on the part of officials in the public or

 private sectors by which they improperly and unlawfully enrich themselves

and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving,

receiving or soliciting of anything of value to influence the action of any

such official in the procurement process or in contract execution; and

(ii) "fraudulent practice" means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the

detriment of the Borrower, and includes collusive practice among bidders

(prior to or after bid submission) designed to establish bid prices at artificialnon-competitive levels and to deprive the Borrower of the benefits of free

and open competition;

(b) will reject a proposal for award if it determines that the bidderrecommended for award has engaged in corrupt or fraudulent practices in

competing for the contract in question;

(c) will declare a firm ineligible, if it at any time determines that the firm hasengaged in corrupt or fraudulent practices in competing for, or in executing,

an contract.

42 For Utility Shifting –

(i)  The proposal, estimate, design, drawing & specification including rate as per

requirement shall be obtained from the service provider Department /Corporation / Authority / Board. The contractor will be required to execute

the work as per above and the payment of item wise quantity executed shall

 be made to the contractor. The rate as provided by the above Department /Corporation / Authority / Board shall only be applicable. No additional

 percentage will be applicable on this rate.

(ii)  The contractor shall be responsible to coordinate with service provider /

concerned authorities for shifting utilities and removal of encroachment etc

and making the site unencumbered form the project construction arearequired for completion of work. This shall include initial and frequently

follow up meeting / action / discussion with each involved services provider/ concerned authority. The contractor shall not be entitled for any additional

compensation for delay in shifting of utilities and removal of encroachment

 by the service provider / concerned authority. The employer will extend allco-operation in this regards.

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43 Term & Conditions

a. In technical bid a separate list (Check list) in which all required informationi.e. Work Experience, Registration, Earnest Money, Work related

qualification etc is mentioned with page no should be uploaded

 b. On demand of the original certificate it has to be produced before thecompetent authority

c. It is mandatory for bidder to use the branded Steel which is TATA, SAIL,RINL only.

Cement must be of OPC 43 Grade / 53 Grade and of brand as approved by

BRPNNL authorities.

d. All the overhead expenses related to quality control, godown construction,

work office, well furnished office for departmental officers, electricity, water,

vehicles (minimum 2 Nos. AC SUV/MUV) to departmental officers, a motor

 boat with operator for inspection and supervision and other related expensesmust be borne by the contractor.

e. Estimated amount may increase or decrease.

f. Conditional Bid will not be accepted. Work will be executed as per norms ofMoRT&H

g. In case of ambiguity or discrepancy regarding quoting the rates for the bid,

lesser amount will be considered.

In case of ambiguity the total amount will be corrected on the basis ofquantity of the item & quoted rate.

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APPENDIX TO ITB (QUALIFYING REQUIREMENTS)

1. Name of the Employer Bihar Rajya Pul Nirman Nigam Limited

2 Address of the Employer Bihar Rajya Pul Nirman Nigam Limited, 7, SardarPatel Marg, Patna ~ 800 015

2011-2012

2010-2011

2009- 2010

2008- 2009

3 The last five years mean for this tender

2007-2008

4 The required annual financial turn over

of civil engineering works in any one

year during last five years (2007-08 to2011-12) in Rs. in Crores

89.05 Crore

Quantities of similar nature of works:- Specified in Clause 4 of ITB

Length of a single two lane RCC Bridgecompleted during last five years(Year

2007-08 to 2011-12)

200.00M

Experience up doing any HL RCC

Bridge having at least one span of

minimum span length

30.00M

Quantity of concrete (RCC/PCC)

excluding PSC in any one year during

last five years in cum

21,916.00 M3 

Quantity of pre stressed concrete (PSC)

in super structure in any one year duringlast five years in cum

1,984.00 M3 

Well casting and sinking in any one year

during last five years (in metres)

Or

Pile boring and casting (1.2m dia)

827.00 M

3308.00M

Earth Work in embankment in any oneyear during last five years (in cum)

7,29,142.00 M3

 

Boulder Pitching in any one year during

last five years (in cum)

34290.00 M3 

5

Granular Sub-Base (GSB) 11152.00 M3

Wet Mix Macadem (WMM) 9424.00 M3 

Bituminous Work 7000.00 M3 

6. Liquid assets and / or availability of

credit facilities as defined in clause no. 4.

C (ii) Rs. in Crores

25.44 Crore

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7. Price level of the Financial Year 2011-2012

8 Pre-bid Meeting Date : 30.01.2013

Time : 3.00 PMPlace - Conference Hall of BRPNN Ltd at 7

Sardar Patel Marg, Patna

9 Submission of Bid through Website

www.eproc.bihar.gov.in

12.02.2013 upto 3.00 PM

10 Opening of Technical Bid

through Websitewww.eproc.bihar.gov.in 

Date : 12.02.2013

Time : 03.30 PMPlace - Office of the Dy. Chief Engineer, Bihar

Rajya Pul Nirman Nigam Limited, North Bihar

Circle, 7 Sardar Patel Marg, Patna.

11 Opening of Financial Bid

through Websitewww.eproc.bihar.gov.in 

Date & Time will be communicated later.

Place - Office of the Dy. Chief Engineer, BiharRajya Pul Nirman Nigam Limited, North Bihar

Circle, 7 Sardar Patel Marg, Patna

12 The Demand Draft in favour of Senior Design Engineer, Incharge Sr Project

Engineer, Baluaha Ghat Saharsa, Bihar Rajya Pul

 Nirman Nigam Limited. and payable at Saharsa.

13 Defect Liability Period 2 (Two) Years

Year before Multiplying

factorOne

Two

Three

Four

14 Escalation factors (for the cost of works

executed and financial figure to acommon base value for works

completed)

Five

@ 8% (eight

 percent) for

each year

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  1

 

SECTION – II

(Conditions of Contract)

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  2

GENERAL CONDITIONS OF CONTRACT

Table of Contents 

Clause Details Page

General

1 Performance guarantee 09

1A Recovery of Security deposit 09

2 Compensation for delay (Liquidated Damage) 10

2A Incentive for early completion 10

3 When contract can be determined / Rescind 10

4 Contract liable to pay compensation even if action not taken under clause 3 12

18 Agency to supply tools & plants etc. 29

20 Min. Wages Act to be complied with 31

21 Work not to be sublet Action in case of insolvency 31

23 Changes in firm’s constitution to be intimated 31

24 Approval of Engineer In charge 31

32 Hire of Plant & Machinery 34

33 Employment of Technical Staff and employees 36

34 Levy/ Taxes payable by Agency 37

36 Imprisonment of Agency 38

37 Termination of Contract on death of Agency 38

38 If relation working in Pul Nigam than Agency not allowed to tender 38

39 No Gazette Engineer to work as Agency within two years of retirement. 38

44 Insurance for work costing more than 25 Crore. 39

46 Safety, Security and Protection of the Environment 40

50 Commencement of Works 40

52 Force Major 41

53 Recovery 41

Time Control

5 Time and Extension for delay 12

45 Cash flow estimate to be submitted. 40

Cost Control

6 Measurement of work done 13

7 Payment on Intermediate certificate to be regarded as advances 14

9 Payment of final bill 15

9A Payment of Agency’s Bills to Banks 15

10B Secured Advance on Non-Perishable materials/ Mobilisation Advance /Plant & Machinery & Shuttering material advance / Interest & Recovery.

17

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  3

10C Payment on account of Increase in Prices / Wages due to Statutoryorder(s)

19

10CA Payment on account of increase / decrease in prices of constructionmaterials after receipt of tender.

19

10CC Payment due to Increase / Decrease in Prices / Wages after receipt oftender for works (Time more than 18 eighteen months) 21

10D Dismantled material government property. 24

12 Deviations / Excess item Variations / extent and pricing 24

12.2 Deviation, extra items and pricing

13 Foreclosure of contract due to Abandonment or Reduction in scope ofwork.

26

14 Cancellation of contract in full or part. 26

15 Suspension of work 27

16 Action in case work not done as per specification 28

22 Compensation 31

25 Settlement of disputes & arbitration 31

27 Lump sum Provisions in Tender 33

29 With holding and lien in respect of sums due from Agency 33

29A Lien in respect of claims in other Contracts 34

35 Condition of reimbursement of levy / taxes after receipt of the tender. 37

43 Agency’s Risks 39

47 Cost of Samples 40

48 Cost of Tests 40

49 Cost of Tests not provided for 40

Finishing Control

8 Completion certificate and completion plan 14

8A Agency to keep site clean 14

8B Completion plans to be submitted by the Agency 14

17 Agency liable for damage, defects during maintenance period. 28

40 Return of materials and recovery of excess materials issued. 38

41 Release of Security deposit after labour clearance 39

55 Suspension of the work.

51 Substantial Completion of Parts 41

Quality Control

10 Materials supplied by Government 15

10A Materials to be provided by the Agency 17

11 Work to be executed in accordance with specification, drawings, ordersetc.

24

26 Agency to indemnity Govt. against Patent Rights. 33

28 Action where no Specifications are specified 33

42 Responsibility of technical staff and employees 39

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  4

  Other Condition & Control

18A Recovery of compensation paid to workman 29

18B Ensuring payment and amanities to workers if contractor fails 29

19 Labour laws to complied by the Agency 29

19B Payment of wages 30

30 Unfiltered water supply 34

31 Return of Surplus materials 34

* Safety Code

* Model, Rules for the Protection of Health and Sanitary Arrangements forWorkers Employed by Pul Nigam or its Agencies

54 Facility to be provided to the BRPNNL staff by the contractor 41

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CONDITIONS OF CONTRACT

1. The contract means the document forming the Item Rate offer and acceptancesthereof and the formal agreement executed between the competent authority on behalfof B.R.P.N.N.LTD and the Agency, together with the documents referred to thereinincluding these conditions, the specifications, designs, drawings and instructions issued

from time to time form one contract and shall be complementary to one another.2. In the contract, the following expressions shall, unless the context otherwise requires

have the meanings, hereby respectively assigned to them :-

i) The expression works  or work shall, unless there be something either in thesubject or context repugnant to such construction, be construed and taken tomean the works by or by virtue of the contract contracted to be executed whethertemporary or permanent, and whether original, altered, substituted or additional.

ii) The site shall mean the land/or other places on. into or through which work is tobe executed under the contract or any adjacent land, path or street through whichwork is to be executed under the contract or any adjacent land, path or streetwhich may be allotted or used for the purpose of carrying out the contract.

iii) The Agency shall mean the individual, firm or company, whether incorporate ornot, undertaking the works and shall include the legal personal representative ofsuch individual or the persons composing such firm or company, or thesuccessors of such firm or company and the permitted assignees of suchindividual, firm of company.

iv) The Engineer-in-Charge means the Engineer officer who shall supervise and bein-charge of the work and who shall sign the contract on behalf of B.R.N.N.LTDas mentioned in Schedule 'F' hereunder.

v) B.R.P.N.N.LTD.  or Pul Nigam  shall mean the Bihar Rajya Pul Nirman NigamLimited.

vi) Excepted Risk  are risks due to riots (other than those on account of Agencyemployees), war (whether declared or not) invasion, act of foreign enemies,hostilities, civil war, rebellion revolution, insurrection, any act of B.R.P.N.N.LTD,damages from aircraft, acts of God, such as earthquake, lightening and other

causes over which the Agency has no control and accepted as such by the Accepting Authority Provided that the Agency is also to show that be has taken /all due precaution to over / minimum any adverse / damage from the above orcauses solely due to use or occupation by B.R.P.N.N.LTD the part of the works inrespect of which a certificate of completion has been issued or a cause solely dueto B.R.P.N.N.LTD. faulty design of works.

vii) Bill of Quantity means quantity of item of the work.

viii) The Defect liability certificate  is the certificate issued by Engineer-in-Chargeafter defect liability period has ended and upon correction of defects by the Agency.

ix) The defect liability period will be decided by the Nigam for different nature ofworks from date of completion of the work and must be mentioned in theagreement.

It will be decided by the Nigam for different nature of work from time to timeas mentioned in contract Data.

x) The intended completion  is the time intended to complete the work by the Agency.

xi) The start date  is given in the contract data. It is the date when the Agency shallcommence execution of the works. It does not necessarily coincide with any of thesite possession date.

xii) A sub Agency is a person or corporate body who has a contract with the Agencyto carry out a part of the construction work in the contract, which includes work onthe site.

xiii) Temporary works are works designed, constructed, installed and removed by the Agency that are needed for construction or installation of the works.

Definitions :

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xiv) Market Rate shall be the rate as decided by the competent authority on the basis ofthe cost of materials and labour at the site where the work is to be executed plusthe percentage mentioned in Schedule 'F' to cover, all overheads and profits.

xv) Schedule(s) referred to in these conditions shall mean the relevant schedule(s)annexed to the item Rate Offer or the standard Schedule of B.R.P.N.N.LTD.mentioned in Schedule 'F' hereunder, with the amendments thereto issued up todate of receipt of the item Rate Offer.

xvi) Nigam means Bihar Rajya Pul Nirman Nigam Ltd. which invites item Rate Offers onbehalf of B.R.P.N.N.LTD.

xvii) Specifications  mean the specifications followed by relevant Nigam of theGovernment of India / State Government.

xviii) Agreement value means the value of the entire work as stipulated in the letter ofaward.

3. Where the context so requires, words imparting the singular only also include the pluraland vice versa. Any reference to masculine gender shall whenever required includefeminine gender and vice versa.

4. Heading and Marginal notes to these General Conditions of Contract shall not be

deemed to form part thereof or be taken info consideration in the interpretation orconstruction thereof or of the contract.

5. The Agency shall be furnished, free of cost one certified copy of the contractdocuments except standard specifications, Schedule of Rates and such other printedand published documents, together with all drawings as may be forming part of the itemRate Offer papers. None of these documents shall be used for any purpose other thatthat of this contract.

6. The work to be carried out under the Contract shall, except as otherwise provided theseconditions, include all labour, materials, tools, plants, equipment and transport whichmay be required in preparation of and for and in the full and entire execution andcompletion of the works. The descriptions given in the Schedule of Quantities(Schedule-A) shall unless otherwise stated, be held to include wastage on materials,carriage and cartage, carrying and return of empties, hoisting, setting, fitting and fixing

in position and all other labours necessary in and for the full and entire execution andcompletion of the work as aforesaid in accordance with good practice and recognizedprinciples.

7. The Agency shall be deemed to have satisfied himself before tendering as to thecorrectness and sufficiency of his item Rate Offer for the works and of the rates andprices quoted in the Schedule of Quantities, which rates and prices shall, except asotherwise provided, cover all his obligations under the Contract and all matters andthings necessary for the proper completion and maintenance of the works.

8. The several documents forming the contract are to be taken as mutually explanatory ofone another, detailed drawings being followed in preference to small scale drawing andfigured dimensions in preference to scale and special conditions in preference toGeneral Conditions.

8.1 In the case of discrepancy between the schedule of Quantities, the Specifications

and/or the Drawings, the following order of preference shall be observed :-

i) Description of Schedule of Quantities.

ii) Particular Specification and Special Condition, if any

iii) Drawings.

iv) MoRT&H specification.

v) Indian Standard Specifications of B.I.S.

8.2 If there are varying or conflicting provisions made in any one document forming part ofthe contract, the Accepting Authority shall be the deciding authority with regard to theintention of the document and his decision shall be final and binding on the Agency.

8.3 Any error in description, quantity or rate in Schedule of Quantities or any omission therefrom shall not vitiate the Contract or release the Agency from the execution of the whole

Works to becarried out :

Sufficiency ofTender

Discrepanciesand Adjustmentof Errors

Scope andPerformance

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or any part of the works comprised therein according to drawings and specifications orfrom any of his obligations under the contract.

9. The successful item Rate Offer/Agency, after submitting the performance guarantee i.e.within 7 days of receipt of letter of acceptance shall attend the office of the Engineer-in-Charge for authentication signing and completion of the Agency document and executethe agreement consisting of :-

i) the notice inviting item Rate Offer, all the documents including drawings, if any,forming the item Rate Offer as issued at the time of invitation of item Rate Offerand acceptance thereof together with any correspondence leading thereto.

ii) Standard Form as mentioned in Schedule 'F' consisting of :

a) Various standard clauses with corrections up to the date stipulated inSchedule

'F' along with annexure thereto.

b) Safety Code.

c) Model Rules for the protection of health, sanitary arrangements for workersemployed by Nigam or its Agencies.

Signing ofContract

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CLAUSE OF CONTRACT

CLAUSE 1

(i) (i) The Agency shall submit an irrevocable PERFORMANCE GUARANTEE of 5% (FIVEpercent) of the Agreement amount including earnest money. In case of the contractprice being lesser than the Bid Cost, an extra performance security will be applicable

as per the norms mentioned in letter no. - 3376 dated 17.08.2010 0f Engineer-in-Chief, Road Construction Department, Govt. of Bihar. The form of performancesecurity provided in Section 6 of the bidding documents should be used. PrformanceGuarantee money should be in the shape as:-

• Fixed deposit receipt of a scheduled Bank should be valid for 28 days after defectliability paid and pledged in favour of "Senior Design Engineer,Incharge SeniorProject Engineer, Baluaha Ghat Saharsa, Bihar Rajya Pul Nirman Nigam Ltd." .

• Kisan Vikas Patra.

•  Demand draft of a scheduled bank issued in the favour of the above " ......."

•  One year Two year & Three year or three year post office time deposit in the favour ofthe above " .......".

•  National saving certificate issued with in the state pledged in favour of Nigam.

•  5 Year National development Bond.

• State Development loan certificate.

or Bank Guarantee for work costing more than one crore or any other depositsmentioned for his proper performance of the contract agreement, (not withstandingand/or without prejudice to any other provisions in the contract) within periodspecified in scheduled 'F' from the date of issue of letter of acceptance. This periodcan be further extended by the Engineer-in-Charge up to a maximum period asspecified in schedule 'F' on written request of the Agency stating the reason fordelays in procuring the Bank Guarantee, to the satisfaction of the Engineer-in-Charge.

(ii) The performance Guarantee shall be initially valid up to 28 days beyond the defect

liability period. In case the time for completion of work gets enlarged, the Agencyshall get the validity of performance Guarantee extended to cover such enlarged timefor completion of work, the performance guarantee shall be returned to the Agencywithout any interest after the completion of defect liability period.

(iii) The Engineer-in-Charge shall not make a claim under the Performance guaranteeexcept for amounts to which the B.R.P.N.N.LTD. is entitled under the contract(notwithstanding and/or without prejudice to any other provisions in the contractagreement) in the event of:

(a) Failure by the Agency to extend the validity of the Performance Guarantee asdescribed herein above, in which event the Engineer-in-Charge may claim thefull amount of the Performance guarantee.

(b) Failure by the Agency to pay B.R.P.N.N.LTD. any amount due, either as agreedby the Agency or determined under any of the Clauses/Conditions of the

agreement, within 30 days of the service of notice to this effect by Engineer-in-Charge.

(c) Failure by the Agency to rectify any defects as defined in the defect liabilityclause in the schedule – F of contract data to the satisfaction of the Engineerincharge pay B.R.P.N.N.LTD. any amount due, either as agreed by the Agencyor determined under any of the Clauses/Conditions of the agreement, within 30days of the service of notice to this effect by Engineer-in-Charge.

(iv) In the event of the contract being determined or rescinded under provisions of any ofthe clause/condition of the agreement, the performance guarantee shall standforfeited in full and shall be absolutely at the disposal of the B.R.P.N.N.LTD.…………………………………….. 

CLAUSE 1 A

PerformanceGuarantee

Recovery ofSecurity Deposit

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The person/persons whose Offer (s) may be accepted (hereinafter called the Agency) shallpermit B.R.P.N.N.LTD. at the time of making any payment to him for work done under thecontract to deduct a sum at 5 % (Five percent) from the gross amount of each running billtill full amount of security deposit 10% (Ten percent) of agreement value or value of work(whichever is higher) is reached. If value of work exceeds the agreement value, securitydeposit 10% (Ten percent) will be recovered for the exceeded work.

 All compensations or the other sums of money payable by the Agency under the terms ofthis contract may be deducted from, or paid by the sale of a sufficient part of his securitydeposit or from the interest arising there from, or from any sums which may be due to ormay become due to the Agency by B.R.P.N.N.LTD. on any account whatsoever and in theevent of his Security Deposit being reduced by reason of any such deductions or sale asaforesaid, the Agency shall within 10 days make good in cash or fixed deposit receipt itemRate Offered by the State Bank of India or by Scheduled Banks or B.R.P.N.N.LTD.Securities (if deposited for more than 12 months) endorsed in favour of the Engineer-in-Charge, any sum or sums which may have been deducted from, or raised by sale of hissecurity deposit or any part thereof. The security deposit shall be collected from the runningbills of the Agency at the rates mentioned above and the earnest money at the time ofitem Rate Offers will be treated a part of the Security Deposit.

CLAUSE 1B

If the contractor desires to replace the Security Deposit deducted at the rate of 5% (FivePercent) for running bills wholly or partly by a Bank Guarantee, he will make written requestfor the same and he will be permitted to do so with a valid Bank Guarantee of anyscheduled Bank within the State, valid upto 28 days or more after the defect liability periodof the work in question. The bank Guarantee will be verified by the concerned departmentalofficers before it is accepted.

The validity of the Bank Guarantee needs to be carefully monitored for which a register willbe maintained in which the amount and validity of the Bank Guarantee will be recorded. TheEngineer in charge shall issue a notice to the agency before three months to extend thevalidity of the above, the bank guarantee shall stand forfeited in full after seven days noticebefore the validity date.

CLAUSE 1 C - Deleted 

CLAUSE 2 

If the Agency fails to maintain the required progress in terms of clause 5 or to complete thework and clear the site on or before the contract or extended date of completion, he shall,without prejudice to any other right or remedy available under the law to theB.R.P.N.N.LTD. on account of such breach, pay as agreed compensation the amountcalculated at the rates stipulated below as the Dy. Chief Engineer (whose decision in writingshall be final and binding) may decide on the amount of item Rate Offered value of the workfor every completed day/month (as applicable) that the progress remains below thatspecified in Clause 5 or that the work remains incomplete.

This will also apply to items or group of items for which a separate period of completion hasbeen specified.

i)  Compensationfor delay of work

@ 1 % per Month of delay to be computed on perDay basis

Provided always that the total amount of compensation for delay to be paid under thiscondition shall not exceed 5% (Five percent) of the Agreement Value of work or to the itemRate Offered Value of the item or group of items of work for which a separate period ofcompletion is originally given.

The amount of compensation may be adjusted or set-off against any sum payable to the Agency this or any other contract with the B.R.P.N.N.LTD. In case, the Agency does notachieve a particular milestone mentioned in schedule- F, or the rescheduled milestone(s) in

Compensationfor Delay(LiquidatedDamage)

Compensationfor Delay(LiquidatedDamage)

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terms of Clause 5.4, the amount shown against that milestone shall be withheld, to beadjusted against the compensation levied at the final grant of extension of time. Withholdingof this amount on failure to achieve a milestone, shall be automatic without any notice to the Agency. However, if the Agency catches up with the progress of work on the subsequentmilestone(s), the withheld amount shall be released. In case the Agency fails to make up forthe delay in subsequent milestone(s), amount mentioned against each milestone missed

subsequently also shall be withheld. However, no interest, whatsoever, shall be payable onsuch withheld amount.

CLAUSE 2A 

In case, the Agency completes the work ahead of scheduled completion time, a bonus @ ½% (Half percent) of the item Rate Offered value per month computed on per day basis, shallbe payable to the Agency, subject to a maximum limit of 2% (Two percent) of theagreement value. The amount of bonus, if payable, shall be paid along with final bill aftercompletion of work. Provided always that provision of the Clause 2A shall be applicableonly when so provided in 'Schedule F'.

CLAUSE 3

Subject to the other provisions contained in this clause the Engineer-In-Charge may,without prejudice to his any other rights or remedy against the Agency in respect of any

delay inferior workmanship, any claims for damages and/or any other provisions of thiscontract or otherwise, and whether the date of completion has or has not elapsed, by noticein writing absolutely determine the contract in any of the following cases :

i) It the Agency having been given by the Engineer-in-Charge a notice in writing torectify, reconstruct or replace any defective work or that the work is being performedin an inefficient or otherwise improper or unworkman like manner shall omit to complywith the requirement of such notice for a period of seven days thereafter.

ii) If the Agency being a company shall pass a resolution or the court shall make anorder that the company shall be wind up or if a receiver or a manager on behalf of acreditor shall be appointed or if circumstances shall arise which entitle the court or thecreditor to appoint a receiver or a manager or which entitle the court to make awinding up order.

iii) if the Agency has, without reasonable cause, suspended the progress of the work or

has failed to proceed with the work with due diligence so that in the opinion of theEngineer-in-Charge (which shall be final and binding) he will be unable to securecompletion of the work by the date of completion and continues to do so after a noticein writing of seven days from the Engineer-in-Charge.

iv) If the Agency fails to complete the work within the stipulated date or items of workwith individual date of completion, if any stipulated, on or before such date(s) ofcompletion and does not complete them within the period specified in a notice givenin writing in that behalf by the Engineer-in-Charge.

v) If the Agency persistently neglects to carry out his obligations under the contractand/or commits default in complying with any of the terms and conditions of thecontract and does not remedy it or take effective steps to remedy it within 7 days aftera notice in writing is given to him in that behalf by the Engineer-in-Charge.

vi) If the Agency commits any acts mentioned in Clause 21 hereof:

vii) If the work not started by the Agency within 1/8th of the stipulated time subject to the

maximum of 45 days.

When the Agency has made himself liable for action under any of the casesaforesaid, the Engineer-in-Charge on behalf of the B.R.P.N.N.LTD. shall have powers:

a) To determine or rescind the contract as aforesaid (of which termination orrescission notice in writing to the Agency under the hand of Engineer-in-Charge shall be conclusive evidence). Upon such determination or rescissionthe Earnest Money Deposit, Security Deposit already recovered andPerformance Guarantee under the contract shall be liable to be forfeited andshall be absolutely at the disposal of the B.R.P.N.N.LTD.

When Contractcan be

Determined /Rescined

Incentivefor earlycompletion

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b) After giving notice to the Agency to measure up the work of the Agency and totake such whole, or the balance or part thereof as shall be un-executed out ofhis hands and to give it to another Agency to complete the work. The Agency,whose contract is determined or rescinded as above, shall not be allowed toparticipate in the tendering process for the balance work.

In the event of above course(s) being adopted by the Engineer-in-Charge, the Agency shall have no claim to compensation for any loss sustained by him byreasons of his having purchases or procured any materials or entered into anyengagements or made any advances on account or with a view to the execution ofthe work or the performance of the contract. And in case action is taken under any ofthe provision aforesaid the Agency shall not be entitled to recover or be paid any sumfor any work thereof or actually performed under this contract unless and until theEngineer-in-Charge has certified in writing the performance of such work and thevalue payable in respect thereof and he shall only be entitled to be paid the value socertified.

CLAUSE 3A

In case, the work cannot be started due to reasons not within the control of the Agency asdecided by Managing Director within 1/8

th of the stipulated time subjected to Maximum of 45

days for completion of work, either party may close the contract. In such eventuality, the

Earnest Money deposit and the Performance Guarantee of the Agency shall be refunded,but no payment on account of interest, loss of profit or damages etc. shall be payable at all.the reasons shall be examined by the Dy. Chief Engineer and his decision shall be final andbinding.

CLAUSE 4

In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause-3 thereof, shall have become exercisable and the same are not exercised the non-exercisethereof shall not constitute a waiver of any of the conditions hereof and such powers shallnotwithstanding be exercisable in the event of any future case of default by the Agency andthe liability of the Agency for compensation shall remain unaffected. In the event of theEngineer-in-Charge putting in force all or any of the powers vested in him under thepreceding clause he may, if he so desires after giving a notice in writing to the Agency, take

possession of (or at the sole discretion of the Engineer-in-Charge which shall be final andbinding on the Agency) use as on hire (the amount of the hire money being also in the finaldetermination of the Engineer-in-Charge) all or any tools, plant, materials and stores, in orupon the works, or the site thereof belonging to the Agency, or procured by the Agency andintended to be used for the execution of the work. or any part thereof, paying or allowing forthe same in account at the contract rates or, in the case of these not being applicable, atcurrent market rates to be certified by the Engineer-in-Charge, whose certificate thereofshall be final, and binding on the Agency, clerk of the works, foreman or other authorizedagent to remove such tools, plant, materials, or stores from the premises (within a time tobe specified in such notice) in the event of the Agency failing to comply with any suchrequisition, the Engineer-in-Charge may remove them at the Agency's expense or sell themby auction or private sale on account of the Agency and his risk in all respects and thecertificate of the Engineer-in-Charge as to the expenses of any such removal and theamount of the proceeds and expenses of any such sale shall be final and conclusive

against the agency.

CLAUSE 5 

The time allowed for execution of the Works as specified in the Schedule 'F' or theextended time in accordance with these conditions shall be the essence of the Agency. Theexecution of the works shall commence from such time period as mentioned in letter ofacceptance or from the date of handing over of the site whichever is later. If the Agencycommits default in commencing the execution of the work as aforesaid, B.R.P.N.N.LTD.shall without prejudice to any other right or remedy available in law, be at liberty to forfeitthe security deposit absolutely.

5.1   As soon as possible after the contract is concluded the Agency shall submit a Time &Progress Chart for each milestone and get it approved by B.R.P.N.N.LTD. The Chart shallbe prepared in direct relation to the time stated in the contract documents for completion ofitems of the work. It shall indicate the forecast of the dates of commencement and

Contract liable topay compensationeven if action nottaken underClause 3

Time andExtension forDelay

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completion of various trades of sections of the work and may be amended as necessary byagreement between the Engineer-in-Charge and Agency within the limitations of timeimposed in the Agency documents, and further to ensure good progress during theexecution of the work, the Agency shall in all cases in which the time allowed for any work,exceeds one month (save for special jobs for which a separate Programme has beenagreed upon) complete the work as per milestone given in schedule 'F'.

5.2 If the work(s) be delayed by.

i) Force majeure, or

ii) Serious loss or damage by fire, or

iii) Civil commotion, local. 

iv) Delay on the part of other Agency or tradesmen engaged by Engineer-in-Charge inexecuting work not forming part of the Agency, or

v) Non-availability of stores, which are the responsibility of B.R.P.N.N.LTD. to supply or

vii) Non-availability or break down of tools and Plant to be supplied or supplied byB.R.P.N.N.LTD. or

vii) Any other cause which, in the absolute discretion of the authority mentioned in

Schedule 'F' is beyond the Agency control.

then upon the happening of any such event causing delay, the Agency shall immediatelygive notice thereof in writing to the Engineer-in-Charge but shall nevertheless useconstantly his best endeavors to prevent or make good the delay and shall do all that maybe reasonably required to the satisfaction of the Engineer-in-Charge to proceed with theworks.

5.3  Request for the rescheduling of Milestones and extension of time, to be eligible forconsideration, shall be made by the Agency in writing within fourteen days of the happeningof the hindering event causing delay on the prescribed form. The Agency may also, ifpracticable, indicate in such a request the period for which extension is desired.

5.4  In any such case the authority mentioned in Schedule 'F' may give a fair and reasonableextension of time and reschedule the milestones for completion of work. Such extensionshall be communicated to the Agency by the Engineer-in-Charge in writing, within 3 months

of the date of receipt of such request. Non application by the Agency for extension of timeshall not be a bar for giving a fair and reasonable extension by the Engineer-in-Charge andthis shall be binding on the Agency.

5.5 The basic centerlines, reference points and benchmarks will be fixed by the Nigam. The Agency shall established at his own cost at suitable points, additional reference lines andbench marks as may be necessary and instructed by the engineer-in-charge. The Agencyshall remain responsible for the sufficiency and accuracy of all the bench marks andreference lines.

CLAUSE 5A 

The Engineer may require the Agency to attend a progress review meeting during executionof work.

The Engineer shall record the minutes of the meeting and provide a copy to the Agency for

compliance. These minutes will be a part of evidence in case of any request for extension oftime or impeditive action against the Agency.

CLAUSE 6 

Engineer-in-Charge shall, except as otherwise provided, ascertain and determinemeasurement and the value in accordance with the contract of work done.

 All measurement of all items having financial value shall be entered in Measurement Bookand/or level field book so that a complete record is obtained of all works perform under thecontract.

 All measurements and levels shall be taken jointly by the Engineer-in-Charge or hisauthorized representative and by the Agency or his authorized representative at least oncein a month during the progress of the work and such measurements shall be signed anddated by the Engineer-in-Charge and the Agency or their representatives in token their

Measurement ofWork Done

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acceptance. If the Agency objects to any of the measurements recorded, a note shall bemade to that effect with reason and signed by both the parties.

If for any reason the Agency or his authorized representative is not available and the workof recording measurements is suspended by the Engineer-in-Charge or his representative,the Engineer-in-Charge and the Nigam shall not entertain any claim from Agency for anyloss or damages on this account. If the Agency or his authorized representative does notremain present at the time of such measurements after the Agency or his authorizedrepresentative has been given a notice in writing three (3) days in advance or fails tocountersign or to record objection within a week from the date of the measurement, thensuch measurements recorded in his absence by the Engineer-in-Charge or hisrepresentative shall be deemed to be accepted by the Agency.

The Agency shall, without extra charge, provide all assistance with every appliance labourand other things necessary for measurements and recording levels.

Except where any general or detailed description of the work expressly shows to thecontrary, measurements shall be taken in accordance with the procedure set forth in thespecifications notwithstanding any provision in the relevant Standard Method ofmeasurement or any general or local custom. In the case of items which are not covered byspecifications, measurements shall be taken in accordance with the relevant standardmethod of measurement issued by the Bureau of India Standards and if for any item no

such standard is available then a mutually agreed method as approved by the Nigam shallbe followed.

The Agency shall give not less than seven days notice to the Engineer-in-Charge or hisauthorized representative in charge of the work before covering up or otherwise placingbeyond the reach of measurement any work in order that the same may be measured andcorrect dimension thereof be taken before the same is covered up or placed beyond thereach of measurement and shall not cover up and place beyond reach of measurement anywork without consent in writing of the Engineer-n-Charge or his authorized representative incharge of the work who shall within the aforesaid period of seven days inspect the work,and if any work shall be covered up or placed beyond the reach of measurements withoutsuch notice having been given or the Engineer-in-Charge's consent being obtained inwriting the same shall be uncovered at the Agency expense, or in default thereof nopayment or allowance shall be made for such work or the materials with which the samewas executed.

Engineer-in-Charge or his authorized representative may cause either themselves orthrough another officer of the B.R.P.N.N.LTD. to check the measurements recorded jointlyor otherwise as aforesaid and all provisions stipulated herein above shall be applicable tosuch checking of measurements or levels.

It is also a term of this contract that recording of measurements of any item of work in themeasurement book and/or its payment in the interim, on account or final bill shall not beconsidered as conclusive evidence as to the sufficiency of any work or material to which itrelates nor shall it relieve the Agency from liabilities from any over measurement defectsnoticed till completion of the defects liability period.

CLAUSE 7 

The Engineer-in-Charge shall arrange to have the bill verified by taking or causing to betaken, where necessary, the requisite measurements of the work. In the event of the failure

of the Agency to submit the bills, Engineer-in-Charge shall prepare or cause to be preparedsuch bills in which event no claims whatsoever due to delays on payment including that ofinterest shall be payable to the Agency. Payment on account of amount admissible shall bemade by the Engineer-in-Charge certifying the sum to which the Agency is consideredentitled by way of interim payment at such rates as decided by the Engineer-in-Charge. Theamount admissible shall be paid by 10th working day after the day of presentation of the billby the Agency to the Engineer-in-Charge or his Assistant Engineer together with theaccount of the material issued by the Nigam, or dismantled materials, if any. In the case ofworks outside the headquarters of the Engineer-in-Charge the period of ten working dayswill be extended to fifteen working days.

 All such interim payments shall be regarded as payment by way of advances against finalpayment only and shall not preclude the requiring of bad, unsound and imperfect orunskilled work to be rejected, removed, taken away and reconstructed or re-erected. Any

certificate given by the Engineer-in-Charge relating to the work done or materials delivered

Payment on

IntermediateCertificate to beRegarded asAdvances

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forming part of such payment may be modified or corrected by any subsequent suchcertificate(s) or by the final certificate and shall not by itself be conclusive evidence that anywork or materials to which it relates is/are in accordance with the contract andspecifications. Any such interim payment, or any part thereof shall not in any respectconclude, determine or affect in any way powers of the Engineer-in-Charge under thecontract or any of such payments be treated as final settlement and adjustment of accounts

or in any way vary or affect the contract.

Pending consideration of extension of date of completion interim payments shall continue tobe made as herein provided as per clause - 2, without prejudice to the right of the Nigam totake action under the terms of this contract for delay in the completion of work, if theextension of date of completion is not granted by the competent authority.

CLAUSE 8 

Within ten days of the completion of the work, the Agency shall give notice of suchcompletion to the Engineer-in-Charge and within thirty days of the receipt of such notice theEngineer-in-Charge shall inspect the work and if there is no defect in the work shall furnishthe Agency with a final certificate of completion, otherwise a provisional certificate ofphysical completion indicating defects (a) to be rectified by the Agency and/or (b) for which

payment will be made at reduced rates, shall be issued. But no final certificate ofcompletion shall be issued, nor shall the work be considered to be complete until the Agency shall have removed from the premises on which the work shall be executed allscaffolding, surplus materials, rubbish and all huts and sanitary arrangements required forhis/their work people on the site in connection with the execution of the works as shall havebeen erected or constructed by the Agency(s) and cleaned off the dirt from all wood work,doors, windows, walls, floor or other parts of the building, in, upon, or about which the workis to be executed or of which he may have had possession for the purpose of executionthereof, and not until the work shall have been measured by the Engineer-in-Charge. If the Agency shall fail to comply with the requirements of this clause as to removal of scaffolding,surplus materials and rubbish and all huts and sanitary arrangements as aforesaid andcleaning off dirt on or before the date fixed for the completion of work, the Engineer-in-Charge may at the expense of the Agency remove such scaffolding surplus materials andrubbish etc. and dispose of the same as he thinks fit and clean off such dirt as aforesaid,and the Agency shall have no claim in respect of scaffolding or surplus materials asaforesaid except for any sum actually realised by the sale thereof.

CLAUSE 8A 

When the annual repairs and maintenance of Bridge Works are carried out, the splashesand droppings from plastering, painting etc. on various component of bridge shall beremoved and the surface cleaned simultaneously with the completion of these items of workin the construction site, premises etc. where the work is done without waiting for the actualcompletion of all the other items of work in the contract. In case the Agency fails to complywith the requirements of this clause, the Engineer-in-Charge shall have the right to get thiswork done at the cost of the Agency either departmentally or through any other agency.Before taking such action, the Engineer-in-Charge shall give ten days notice in writing to the Agency.

CLAUSE 8 B 

The Agency shall submit completion plan as required vide General Specification as per IVthrevision of MOSRT&H book and Drawing approved by Nigam within 30 days of thecompletion of the work.

In case, the Agency fails to submit the completion plan as aforesaid, he shall be liable topay a sum equivalent to 2.5% of the value of the work subject to a ceiling of Rs. 15,000 (Rs.Fifteen thousand only) as may be fixed by the Dy. Chief Engineer concerned and in thisrespect the decision of the Dy. Chief Engineer shall be final and binding on the Agency.

CLAUSE 9 

The final bill shall be submitted by the Agency in the same manner as specified in interimbills within three months of physical completion of the work or within one month of the dateof the final certificate of completion furnished by the Engineer-in-Charge whichever isearlier. No further claims shall be made by the Agency after submission of the final bill andthese shall be deemed to have been waived and extinguished. Payments of those items of

CompletionCertificate andCompletion Plans

Agency to KeepSite Clean

Completion Plansto be Submittedby the Agency

Payment of FinalBill

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the bill in respect of which there is no dispute and of items in dispute, for quantities andrates as approved by Engineer-in-Charge, will, as far as possible be made within the periodspecified herein under, the period being reckoned from the date of receipt of the bill by theEngineer-in-Charge or his authorized Assistant Engineer, complete with account ofmaterials issued by the Nigam and dismantled materials.

i) If the item Rate Offered value of work is up to Rs. 5 crores : 3 months

ii) If the item Rate Offered value of work exceeds Rs. 5 crores : 4 months

CLAUSE 9 A 

Payments due to the Agency may, if so desired by him, be made to his bank instead ofdirect to him provided that the Agency furnishes to the Engineer-in-Charge (1) anauthorisation in the form of a legally valid document such as a power of attorney conferringauthority on the bank to receive payments and (2) his own acceptance of the correctness ofthe amount made out as being due to him by B.R.P.N.N.LTD. or his signature on the bill orother claim preferred against B.R.P.N.N.LTD. before settlement by the Engineer-in-Chargeof the account or claim by payment to the bank. While the receipt given by such banks shallconstitute a full and sufficient discharge for the payment, the Agency shall whereverpossible present his bills duly receipted and discharges through his bankers.

Nothing herein contained shall operate to create in favour of the bank any rights or equities

vis-a-vis the B.R.P.N.N.LTD.

CLAUSE 10 – The client shall not supply any material to the contractor. 

CLAUSE 10 A 

The Agency shall, at his own expense, provide all materials, required for the works otherthan those, which are stipulated, to be supplied by B.R.P.N.N.LTD..

The Agency shall, at his own expense and without delay, supply to the Engineer-in-Chargesamples of materials to be used on the work and shall get these approved in advance. Allsuch materials to be provided by the Agency shall be in conformity with the specificationslaid down or referred to in the contract as mentioned in the contract data. The Agency shall,if requested by the Engineer-in-Charge furnish proof, to the satisfaction of the Engineer-in-Charge that the materials so comply. The Engineer-in-Charge shall within fifteen days ofsupply of samples or within such further period as he may require intimate to the Agency in

writing whether sample are approved by him or not. If samples are not approved, the Agency shall forthwith arrange to supply to the Engineer-in-Charge for his approval freshsamples complying with the specifications laid down in the contract. When materials arerequired to be tested in accordance with specifications, approval of the Engineer-in-Chargeshall be issued after the test results are received.

The Agency shall at his risk and cost submit the samples of materials to be tested oranalysed and shall not make use of or incorporate in the work any materials represented bythe samples until the required testes or analysis have been made and materials finallyaccepted by the Engineer-in-Charge. The Agency shall not be eligible for any claim orcompensation either arising out of any delay in the work or due to any corrective measuresrequired to be taken on account of and as a result of testing of materials.

The Agency shall, at his risk and cost, make all arrangements and shall provide all facilitiesas the Engineer-in-Charge may require for collecting, and preparing the required number of

samples for such tests at such time and to such place or places as may be directed by theEngineer-in-Charge and bear all charges and cost of testing unless specifically provided forotherwise elsewhere in the contract or specifications. The Engineer-in-Charge or hisauthorized representative shall at all time have access to the works and to all workshopsand places where work is being prepared or from where materials, manufactured articles ormachinery are being obtained for the works and the Agency shall afford every facility andevery assistance in obtaining the right to such access.

The Engineer-in-Charge shall have full powers to require the removal from the premises ofall materials which in his opinion are not in accordance with the specifications and in caseof default the Engineer-in-Charge shall be at liberty to employ at the expense of the Agency, other persons to remove the same without being answerable or accountable forany loss for damage that may happen or arise to such materials. The Engineer-in-Chargeshall also have full powers to require other proper materials to be substituted thereof and incase of default the Engineer-in-Charge may cause the same to be supplied and all costs

which may attend such removal and substitution shall borne by the Agency.

Payment ofAgency's Bills toBanks

Materials to beprovided by theAgency

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CLAUSE 10 B 

i) The Agency, on signing an indenture in the form to be specified by the Engineer-in-Charge, shall be entitled to be paid during the progress of the execution of the workup to 75% of the assessed value of any materials (which is to be consumed within 90days of advance) which are in the opinion of the Engineer incharge nonperishable,non-fragile and noncombustible and are in accordance with the contract and on thesite in connection therewith and are adequately stored and/or protected againstdamage by weather or other causes but which have not at the time of advance beenincorporated in the works. When materials on account of which advance has beenmade under this sub-clause are incorporated in the work the amount of such advanceshall be recovered/deducted from the next payment made under any or the clause orclauses of this contract. No secured advance shall however be paid own high riskmaterials such as ordinary glass, sand, petrol, diesel etc.

ii) Mobilization advance not exceeding 10% of the item Rate Offered value may begiven, if requested by the Agency in writing within one month of the order tocommence the work. In such a case the Agency shall execute a Bank GuaranteeBond from a Scheduled Bank as specified by the Engineer-in-Charge for the fullamount of such advance is released. Such advance shall be in two or more

installments to be determined by the Engineer-In-charge at his absolute discretion.The first installment of such advance shall be released by the Engineer-in-Charge tothe Agency on a request made by the Agency to the Engineer-in-Charge in thisbehalf. The second and subsequent installment shall be released by the Engineer-in-Charge only after the Agency furnished a proof of the satisfactory utilisation of theearlier installment to the entire satisfaction of the Engineer-In-Charge.

iii) An advance for plant machinery required for the work and brought to site by the Agency may be given if requested by the Agency in writing within one month ofbringing such plant and machinery to site. Such advance shall be given on such plantand machinery which in the opinion of the Engineer-in-Charge will add to theexpeditious execution of work and improve the quality of work. The amount ofadvance shall be restricted to 5% of item Rate Offer value. In the case of new plantand equipment to be purchased for the work the advance shall be restricted to 85% ofthe price of such new plant and equipment paid by the Agency for which the Agencyshall produce evidence satisfactory to the Engineer-in-Charge and approval fromEngineer-in-Charge. In the case of second hand and used plants and equipment, theamount of such advance shall be limited to 50% of the depreciated value of plant andequipment as may be decided by the Engineer-in-Charge. The Agency shall, if sorequired by the Engineer-in-Charge, submit the statement value of such old plant andequipment duly approved by a Registered Valueyor recognized by the Central Boardof Direct Taxes under the Income-Tax Act, 1961. No such advance shall be paid onany plant and equipment of perishable nature and on the plant and equipment of avalue less than Rs. 50,000/- Seventy five percent of such amount of advance shall bepaid after the plant & equipment is brought to site and balance twenty five percent onsuccessfully commissioning the same only after approval from Engineer-in-Charge.

Leasing of equipment shall be considered at par with purchase of equipment andshall be covered by tripartite agreement with the following:

1. Leasing company which gives certificate of agreeing to lease equipment to the Agency.

2. Engineer in Charge, and

3. The Agency.

This advance shall further be subject to the condition that such plant and equipment(a) are considered by the Engineer-in-Charge to be necessary for the works; (b) andare in and are maintained in working order; (c) hypothecated to B.R.P.N.N.LTD. asspecified by the Engineer-in-Charge before the payment of advance is released. The Agency shall not be permitted to remove from the site such hypothecated plant andequipment without the prior written permission of the Engineer-in-Charge. The Agency shall be responsible for maintaining such plant and equipment in goodworking order during the entire period of hypothecation falling which such advance

Secured Advanceon Non-perishableMaterials for workcosting more than

25 crore

MobilizationAdvance for workcosting more than

25 crore

Plant & Machinery& Shuttering

Material Advancefor work costing

more than 25 crore

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shall be entirely recovered in lump sum. For this purpose steel scaffolding and fromwork shall be treated as plant and equipment.

The Agency shall insure the Plant and Machinery for which mobilization advance issought and given, for a sum sufficient to provide for their replacement at site. Anyamounts not recovered from the insurer will be borne by the Agency.

iv) The mobilization advance and plant and machinery advance in (ii)&(iii) above bearsimple interest at the rate of 10 per cent per annum and shall be calculated from thedate of payment to the date of recovery, both days inclusive, on the outstandingamount of advance. Recovery of such sums advanced shall be made by thededuction from the Agency bills commencing after first ten per cent of the gross valueof the work is executed or six month which is earlier and paid on pro-rata percentagebasis to the gross value of the work billed beyond 10% in such a way that the entireadvance is recovered by the time eighty per cent of the gross value of the contract isexecuted and paid, together with interest due on the entire outstanding amount up tothe date of the installment.

v) If the circumstances are considered reasonable by the Engineer-in-Charge, theperiod mentioned in (ii) and (iii) for request by the Agency in writing for grant ofmobilization advance and plant and equipment advance may be extended in thediscretion of the Chief Engineer.

vi) The said bank guarantee for advances shall initially be made for the full amount andvalid for the contract period, and be kept renewed from time to time to cover thebalance amount and likely period of complete recovery together with interest.

vii)  Any materials including tools plants equipments etc brought to the site shall not beremoved from the sites without the written permission of the Engineer-in-charge. 

CLAUSE 10 C - Deleted

CLAUSE 10 CA - Deleted

CLAUSE 10 CC Contract price shall be adjusted for increase or decrease in rates and price of labour,materials, fuels and lubricants in accordance with the following principles and proceduresand as per formula given in the contract data :

(a) The price adjustment shall apply for the work done from the start date given in thecontract data upto end of the initial intended completion date or extensionsgranted by the competent authority and shall not apply to the work carried outbeyond the stipulated time for reasons attributable to the Agency.

(b) The price adjustment shall be determined during each month from the formulagiven in the contract data.

(c) Following expressions and meanings are assigned to the work done during eachmonth:

R = Total value of work done during the month. It would include the amount ofsecured advance granted, if any, during the month, less the amount ofsecured advance recovered, if any during the month. It will exclude valuefor works executed under variations for which price adjustment will beworked separately based on the terms mutually agreed.

1.1 To the extent that full compensation for any rise or fall in costs to the Agency in notcovered by the provisions of this or other clauses in the contract, the unit rates and pricesincluded in the contract shall be deemed to include amounts to cover the contingency ofsuch other rise or fall in costs.

The formula (e) for adjustment of prices are:

Interest &Recovery forwork costingmore than 25

crore

Payment due toincrease / Decreasein Prices / Wagesafter receipt oftender (Time ofcompletion morethan 18 months)

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Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to labour shall be paidin accordance with the following formula:

VL = 0.85 x PL/100 x R x (L1- L0)/L0 

VL = increase or decrease in the cost of work during the month underconsideration due to changes in rates for local labour.

L0 = the consumer price index for industrial workers for the State on 28 dayspreceding the date of opening of Bids as published by Labour Bureau,Ministry of Labour, Government of India.

L1 = The consumer price index for industrial workers for the State for theunder consideration as published by Labour Bureau, Ministry of Labour,Government of India.

PL = Percentage of labour component of the work.

(In respect of the period, time of extension is granted by the

 Department, the index prevailing at the time of stipulated date of

completion or the prevailing index of the period under consideration,

whichever is less, shall be considered.) 

Adjustment for cement component

(ii) Price adjustment for increase or decrease in the cost of cement procured by the Agency shall be paid in accordance with the following formula:

V0 = 0.85 x Pc/100 x R x (C1- C0)/C0 

V0 = increase or decrease in the cost of work during the month underconsideration due to changes in rates for cement.

C0 = The all India wholesale price index for grey cement on 28 days precedingthe date of opening of Bids as published by the Ministry of commerce &industry, Government of India, New Delhi.

C1 = The all India average wholesale price index for grey cement for the

month under consideration as published by Ministry of commerce &industry, Government of India, New Delhi.

(In respect of the period, time of extension is granted by the

 Department, the index prevailing at the time of stipulated date of

completion or the prevailing index of the period under consideration,

whichever is less, shall be considered.) 

Pc = Percentage of cement component of the work.

Adjustment for Steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the Agency shall be paid in accordance with the following formula:

Vs = 0.85 x Ps/100 x R x (S1-S0)/S0 

Vs = Increase or decrease in the cost of work during the month underconsideration due to changes in the rates for steel.

S0 = The all India wholesale price index for steel (steel rebar) on 28 dayspreceding the date of opening of Bids as published by the Ministry ofcommerce & industry, Government of India New Delhi.

S1 = The all India average wholesale price index for steel (steel rebar) for themonth under consideration as published by Ministry of commerce &industry, Development, New Delhi.

(In respect of the period, time of extension is granted by the

 Department, the index prevailing at the time of stipulated date of

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completion or the prevailing index of the period under

consideration, whichever is less, shall be considered.) 

Ps = Percentage of steel component of the work.

 Note : For the application of this clause, index of steel rebar has been chosen

to represent steel group.

Adjustement of bitumen component

(iv) Price adjustment for increase or decrease in the cost of bitumen shall be paid inaccordance with the following formula:

Vb = 0.85 x Pb/100 x R x (B1-B0)/B0 

Vb = Increase or decrease in the cost of work during the month underconsideration due to changes in rates for bitumen.

B0 = The office retail price of bitumen at the IOC depot at Barauni centre onthe day 28 days prior to date of opening of Bids.

B1 = The official retail price of bitumen of IOC depot at Barauni center for the

15

th

 day of the month under consideration.(In respect of the period, time of extension is granted by the

 Department, the index prevailing at the time of stipulated date of

completion or the prevailing index of the period under

consideration, whichever is less, shall be considered.) 

Pb = Percentage of bitumen component of the work.

Adjustement of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in the cost of POL (fuel and lubricant)

shall be paid in accordance with the following formula.Vf  = 0.85 x Pf /100 x R x (F1-F0)/F0 

Vf  = Increase or decrease in the cost of work during the month underconsideration due to changes in rates for fuel and lubricants.

F0 = The official retail price of High Speed Diesel (HSD) at the existingconsumer pumps of IOC at nearest center (Darbhanga district HQ) onthe day 28 days prior to the date of opening of Bids.

F1 = The official retail price of HSD at the existing consumer pumps of IOC atnearest center (Darbhanga district HQ) for the 15

th day of month of the

under consideration.

(In respect of the period, time of extension is granted by the

 Department, the index prevailing at the time of stipulated date of

completion or the prevailing index of the period under

consideration, whichever is less, shall be considered.) 

Pf  = Percentage of fuel and lubricants component of the work.

Note : For the application of this clause, the price of High Speed Diesel oilhas been chosen to represent fuel and lubricants group.

Adjustement for Plant and Machinery Spares component

(vi) Price adjustment for increase or decrease in the cost of plant and machineryspares procured by the Agency shall be paid in accordance with the followingformula :

Vp = 0.85 x Pp/100 x R x (P1-P0)/P0 

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Vp = Increase or decrease in the cost of work during the month underconsideration due to changes in rates for plant and machinery spares.

P0 = The all India wholesale price index for other construction machinery/equipment on 28 days preceding the date of opening of Bids aspublished by the Ministry of commerce and industry, Government ofIndia, New Delhi.

Pp = The all India average wholesale price index for other constructionmachinery /equipment for the month under consideration as publishedby the Ministry of commerce and industry, Government of India, NewDelhi.

(In respect of the period, time of extension is granted by the

 Department, the index prevailing at the time of stipulated date of

completion or the prevailing index of the period under

consideration, whichever is less, shall be considered.) 

P1 = Percentage of plant and machinery spares component of the work.

Note : For the application of this clause, index of other constructionmachinery /equipment has been chosen to represent the Plant and

Machinery Spares group. 

Adjustment of other materials component

(vii) Price adjustment for increase or decrease in cost of local materials other thancement, steel, bitumen and POL procured by the Agency shall be paid inaccordance with the following formula:

Vm = 0.85 x Pm/100 x R x (M1-M0)/M0 

Vm = Increase or decrease in the cost of work during the month underconsideration due to changes in rates for local materials other thancement, steel, bitumen and POL.

M0 = The all India wholesale price index (all commodities) on 28 dayspreceding the date of opening of Bids, as published by the Ministry of

commerce & industry, Government of India, New Delhi.M1 = The all India wholesale price index (all commodities) for the month under

consideration as published by Ministry of commerce & industry,Government of India, New Delhi.

(In respect of the period, time of extension is granted by the

 Department, the index prevailing at the time of stipulated date of

completion or the prevailing index of the period under

consideration, whichever is less, shall be considered.) 

Pm = Percentage of local material component (other than cement, steel,bitumen and POL) of the work.

The following percentages will govern the price adjustment for the entire contract:

1. Labour - P1  17%2. Cement – Pc  15%3. Steel – Ps  20%4. Bitumen – Pb  5%5. POL – Pf   5%6. Plant & Machinery Spares – Pp  18%7. Other materials – Pm  20%

Total 100%

(viii) In contract where clause 10CA is applicable, this clause 10CC will not beapplicable and in contract where this clause 10CC is applicable previous clause10CA will not be applicable.

CLAUSE 10 D

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The Agency shall treat all materials obtained during dismantling of a structure, excavation ofthe site for a work, etc. as B.R.P.N.N.LTD.'s property and such materials shall be disposedoff to the best advantage of B.R.P.N.N.LTD. according to the PWD codal provision.

CLAUSE 11

The Agency shall execute the whole and every part of the work in the most substantial and

workmanlike manner both as regards materials and otherwise in every respect in strictaccordance with the specifications. The Agency shall also conform exactly, fully andfaithfully to the design, drawings and instructions in writing in respect of the work signed bythe Engineer-in-Charge and the Agency shall be furnished free of charge one copy of thecontract documents together with specification, designs, drawings and instruction as are notincluded in the standard specifications of MORT&H specified in Schedule 'F' or in anyBureau of Indian Standard or any other, published standard or code or, Schedule of Ratesor any other printed publication referred to elsewhere in the contract.

The Agency shall comply with the provisions of the contract and with the care and diligenceexecute and maintain the works and provide all labour and materials, tools and plantsincluding for measurements and supervision of all works, structural plans and other thingsof temporary or permanent nature required for such execution and maintenance in so far asthe necessity for providing these, is specified or is reasonably inferred from the contract.The Agency shall take full responsibility for adequacy, suitability and safety of all the works

and methods of construction.

CLAUSE 12 

The Engineer-in-Charge (As per PWD codal provision) shall have power (i) to makealternation in, omissions from, additions to, or substitutions for the original specifications,drawings, designs and instructions that may appear to him to be necessary or advisableduring the progress of the work, and (ii) to omit a part of the works in case of non-availabilityof a portion of the site or for any other reasons and the Agency shall be bound to carry outthe works in accordance with any instructions given to him in writing signed by theEngineer-in-Charge after approval from competent authority and such alterationsomissions, additions or substitutions shall form part of the contract as if originally providedtherein and any altered, additional or substituted work which the Agency may be directed todo in the manner specified above as part of the works, shall be carried out by the Agencyon the same conditions in all respects including price on which he agreed to do the main

work except as hereafter provided.

12.1 The time for completion of the works shall, in the event of any deviations resultingin additional cost over the item Rate Offered value sum being ordered, be extend, ifrequested by the Agency, as follows :

i) In the proportion which the additional cost of the altered, additional orsubstituted work, bears to the original item Rate Offered value plus.

ii) 25% of the time calculated in (i) above or such further additional time as maybe considered reasonable by the Engineer-in-Charge after approval fromcompetent authority

12.2 In the case of extra item(s) the Agency may within fifteen days of receipt of order oroccurrence of the item(s) claim rates, supported by proper analysis, for the work and theEngineer-in-Charge after approval from competent authority shall within one month of the

receipt of the claims supported by analysis, after giving consideration to the analysis of therates submitted by the Agency, determine the rates as per power delegated in PWD Codeand on the basis of the market rates and the Agency shall be paid in accordance with therates so determined.

In the case of substituted items, the rate for the agreement item (to be substituted) andsubstituted item shall also be determined in the manner as mentioned in the aforesaid para.

(a) If the market rate for the substituted item so determined is more than the market rate ofthe agreement item (to be substituted) the rate payable to the Agency for thesubstituted item shall be the rate for the agreement item (to be substituted) soincreased to the extent of the difference between the market rates of substituted itemand the agreement item (to be substituted).

(b) If the market rate for the substituted item so determined is less than the market rate ofthe agreement item (to be substituted) the rate payable to the Agency for the

DismantledMaterial Govt.Property

Work to beExecuted inAccordance withSpecifications,Drawings, Ordersetc.

Deviations/Variations Extentand Pricing

Deviation,Extra itemsand Pricing

Deviation,SubstitutedItems, Pricing

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substituted item shall be the rate for the agreement item (to be substituted) sodecreased to the extent of the difference between the market rates of substituted itemand the agreement item (to be substituted). 

In the case of contract items, substituted items, contract cum substituted items, which

exceed the limits laid down in Schedule F, the Agency may within fifteen days of receipt oforder or occurrence of the excess, claim revision of the rates, supported by proper analysis,for the work in excess of the above mentioned limits, provided that if the rates so claimedare in excess of the rates specified in the schedule of quantities the Engineer-in-Chargeshall within one month of receipt of the claims supported by analysis, after givingconsideration to the analysis of the rates submitted by the Agency, determined the rates asper power delegated in PWD Code and on the basis of the market rates and the Agencyshall be paid in accordance with the rates so determined.

12.3  The provisions of the preceding paragraph shall also apply to the decrease in the rates ofitems for the work in excess of the limits laid down in Schedule 'F' and the Engineer-in-Charge shall after giving notice to the Agency within one month of occurrence of the excessand after taking into consideration any reply received from him within fifteen days of receiptof the notice, revise the rates as per power delegated in PWD Code for the work in questionwithin one month of expiry of the said period of fifteen days having regard to the market

rates or current schedule of rate.

12.4 The Agency shall send to the Engineer-in-Charge once every three months an up to dateaccount giving complete details of all claims for additional payments to which the Agencymay consider himself entitled and of all additional work ordered by the Engineer-in-Chargeafter approval from competent authority which he has executed during the precedingquarter failing which the Agency shall be deemed to have waived his right. However, theManaging Director is authorized for consideration of such claims on merits.

12.5  For the purpose of operation of Schedule 'F' the following works shall be treated as worksrelating to foundation :

i) For buildings, compound walls plinth level or 1.2 meters (4 feet) above ground levelwhichever is lower excluding items of flooring and D.P.G. but including baseconcrete below the floors.

ii) For abutments, piers, retaining walls of culverts and bridges, walls of waterreservoirs the bed of floor level.

iii) For retaining walls where floor level is not determinate 1.2 meters above theaverage ground level or bed level.

iv) For Roads all items of excavation and filling including treatment of sub-base.

12.6  Any operation incidental to or necessarily has to be in contemplation of item Rate Offerwhile filing item Rate Offer, or necessary for proper execution of the item included in theSchedule of quantities or in the schedule of rates mentioned above, whether or not,specifically indicated in the description of the item and the relevant specifications, shall bedeemed to be included in the rates quoted by the item Rate Offerer or the rate given in thesaid schedule of rates, as the case may be. Nothing extra shall be admissible for suchoperations.

(Clause 12 not applicable for maintenance and repair work)CLAUSE 13 

If at any time after acceptance of the item Rate Offer B.R.P.N.N.LTD. shall decide toabandon or reduce the scope of the works for any reason whatsoever and hence notrequire the whole or any part of the works to be carried out, the Engineer-in-Charge shallgive notice in writing to that effect to the Agency and the Agency shall act accordingly in thematter. The Agency shall have no claim to any payment of compensation or otherwisewhatsoever, on account of any profit or advantage which he might have derived from theexecution of the works in full but which he did not derive in consequence of the foreclosureof the whole or part of the works.

The Agency shall be paid at contract rates full amount for works executed at site only.

CLAUSE 14 

Foreclosure ofContract due toAbandonment orReduction inScope of Work

Cancellation ofcontract in full orpart

Deviation,DeviatedQuantities,Pricing

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If Agency :

i) at any time makes default in proceeding with the works or any part of the work withthe due diligence and continues to do so after a notice in writing of 7 days from theEngineer-in-Charge; of

ii) commits default to comply with any of the terms and conditions of the contract and

does not remedy it or take effective steps to remedy it within 7 days after a notice inwriting is given to him in that behalf by the Engineer-in-Charge; or

iii) fails to complete the works or items of work with individual dates of completion, onor before the date(s) of completion, and does not complete then within the periodspecified in a notice given in writing in that behalf by the Engineer-in-Charge; or

iv) shall offer or give or agree to give to any person in B.R.P.N.N.LTD. service or toany other person on his behalf any gift or consideration of any kind as aninducement or reward for doing or forbearing to do or for having done or forborne todo any actin relation to the obtaining or execution of this or any other contract forB.R.P.N.N.LTD.; or

v) shall enter into a contract with B.R.P.N.N.LTD. in connection with whichcommission has been paid or agreed to be paid by him or to his knowledge, unlessthe particulars of any such commission and the terms of payment thereof have

been previously disclosed in writing to the Accepting Authority/; or

vi) shall obtain a contract with B.R.P.N.N.LTD. as a result of wrong tendering or othernon-bonafide methods of competitive tendering; or

vii) being an individual, or if a firm, any partner thereof shall at any time be adjudgedinsolvent or have a receiving order or order for administration of his estate madeagainst him or shall take any proceedings for liquidation or composition (other thana voluntary liquidation for the purpose of amalgamation or reconstruction) underany Insolvency Act for the time being in force or make any conveyance orassignment of his effects or composition or arrangement for the benefit of hiscreditors or purport so to do, or if any application be made under any Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed beexecuted by him for benefit of his creditors; or

viii) being a company, shall pass a resolution or the Court shall make an order for thewinding up of the company, or a receiver or manager on behalf of the debentureholders or otherwise shall be appointed or circumstances shall arise which entitlethe Court or debenture holders to appoint a receiver or manager; or

ix) shall suffer an execution being levied on his goods and allow it to be continued for aperiod of 21 days; or

x) assigns, transfers, sublets (engagement of labour on a piece-work basis or oflabour with materials not to be incorporated in the work, shall not be deemed to besubletting) or otherwise parts with or attempts to assign, transfer sublet orotherwise parts with the entire works or any portion thereof without the prior writtenapproval of the Accepting Authority;

The Accepting Authority may, without prejudice to any other right or remedy whichshall have accrued or shall accrue hereafter to B.R.P.N.N.LTD., by a notice in

writing to cancel the contract as a whole or only such items of work in default fromthe Contract.

The Engineer-in-Charge shall on such cancellation by the Accepting Authority have powersto :

(a) take possession of the site and any materials, constructional plant, implementsstores, etc., thereon; and/or

(b) carry out the incomplete work by any means at the risk and cost of the Agency.

On cancellation of the contract in full or in part, the Engineer-in-Charge shall determinewhat amount, if any, is recoverable from the Agency for completion of the works or part ofthe works or in case the works or part of the works is not to be completed, the loss ofdamage suffered by B.R.P.N.N.LTD.. In determining the amount, credit shall be given to the Agency for the value of the work executed by him up to the time of cancellation, the value of

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 Agency's materials taken over and incorporated in the work and use of plant and machinerybelonging to the Agency.

 Any excess expenditure incurred or to be incurred by B.R.P.N.N.LTD. in completing theworks or part of the works or the excess loss or damages suffered or may be suffered byB.R.P.N.N.LTD. as aforesaid after allowing such credit shall without prejudice to any otherright or remedy available to B.R.P.N.N.LTD. in law be recovered from any moneys due tothe Agency on any account, and if such moneys are not sufficient the Agency shall becalled upon in writing and shall be liable to pay the same within 31 days.

If the Agency shall fails to pay the required sum within the aforesaid period of 30 days theEngineer-in-Charge shall have the right to sell any or all of the Agencys unused materials,constructional plant, implements, temporary buildings, etc. and apply the proceeds of salethereof towards the satisfaction of any sums due from the Agency under the contract and ifthereafter there be any balance outstanding from the Agency, it shall be recovered inaccordance with the provisions of the contract.

 Any sums in excess of the amounts due to B.R.P.N.N.LTD. and unsold materials,constructional plant, etc., shall be returned to the Agency, provided always that if cost oranticipated cost of completion by B.R.P.N.N.LTD. of the works or part of the works is lessthan the amount which the Agency would have been paid had he completed the works orpart of the works, such benefit shall not accrue to the Agency.

CLAUSE 15 

i) The Agency shall, on receipt of the order in writing of the Engineer-in-Charge(whose decision shall be final and binding on the Agency) suspend the progress ofthe works or any part thereof for such time and in such manner as the Engineer-in-Charge may consider necessary so as not to cause any damage or injury to thework already done or endanger the safety thereof for any of the following reasons :

a) on account of any default on the part of the Agency or;

b) for proper execution of the works or part thereof for reasons other than thedefault of the Agency; or

c) for safety of the works or part thereof.

The Agency shall, during such suspension, properly protect and secure the

works to the extent necessary and carry out the instructions given in thatbehalf by the Engineer-in-Charge.

ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above. The Agency shall be entitled to an extension of time equal to the period of every suchsuspension PLUS 25%, of suspension time for completion of the item or group ofitems of work for which a separate period of completion is specified in the contractand of which the suspended work forms a part, and;

CLAUSE 16 

 All works under or in course of execution or executed in pursuance of the contract shall atall times be open and accessible to the inspection and supervision of the Engineer-in-Charge, his authorized subordinates in charge of the work and all the superior officers,officer of the Quality Control Organization of the Department third party Quality Assuredteam and of the Cabinet (Technical) Vigilance, and the Agency shall, at all times, during the

usual working hours and at all other times at which reasonable notice of the visit of suchofficers has been given to the Agency, either himself be present to receive orders andinstructions of have a responsible agent duly accredited in writing, present for that purpose.Orders given to the Agency's agent shall be considered to have the same force as if theyhad been given to the Agency himself.

If shall appear to the Engineer-in-Charge or his higher authority or his authorizedsubordinates in charge of the work or to the Cabinet (Technical) Vigilance or hissubordinate officers, that any work has been executed with unsound, imperfect, or unskillfulworkmanship, or with materials or article provides by him for the execution of the workwhich are unsound or of a quality inferior to that contracted or otherwise not in accordancewith the contract the Agency shall, on demand in writing which shall be made within theperiod specified in schedule – F of contract data from the Engineer-in-Charge specifying thework, materials or articles complained of notwithstanding that the same may have beenpassed, certified and paid for forthwith rectify, or remove and reconstruct the work so

Suspension ofWork

Action in caseWork not doneas perSpecifications

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specified in whole or in part, as the case may require or as the case may be, remove thematerials or articles so specified and provide other proper and suitable materials or articlesat his own charge and cost. In the event of the failing do so within a period specified by theEngineer-in-Charge in his demand aforesaid, then the Agency shall be liable to paycompensation at the same rate as under clause 2 of the contract (for non-completion of thework in time) for this default.

In such case the Engineer-in-Charge may not accept the item of work at the ratesapplicable under the contract but may accept such items at reduced rates as the competentauthority may consider reasonable during the preparation of on account bills or final bill ifthe item is so acceptable without detriment to the safety and utility of the item and thestructure and incidental items rectified, or removed and re-executed at the risk and cost or Agency. Decision of the Engineer-in-Charge to be conveyed in writing in respect of thesame will be final and binding on the Agency.

CLAUSE 17 

If the Agency or his working people or servants shall break, deface, injure or destroy anypart of building in which they may be working, or any building, road, road curb, fence,enclosure, water pipe, cables, drains, electric or telephone post or wired, trees, grass orgrassland, or cultivated ground contiguous to the premises on which the work or any part isbeing executed, or if any damage shall happen to the work while in progress, from any

cause whatever or if any defect, shrinkage or other faults appear in the work within defectliability period after a certificate final or otherwise of its completion shall have been given bythe Engineer-in-Charge as aforesaid arising out of defect or improper materials orworkmanship the Agency shall upon receipt of a notice in writing on that behalf make thesame good at his own expense or in default the Engineer-in-Charge cause the same to bemade good by other workmen and deduct the expense from any sums that may be due orat any time thereafter may become due to the Agency, or from his security deposit exceptfor the portion pertaining to asphaltic work which is governed by sub-para (iii) of clause 35or the proceeds of sale thereof or of a sufficient option thereof. The security deposit of the Agency shall not be refunded before the expiry of defected liability period after the issue ofthe certificate final or otherwise, of completion of work, or till the final bill has been preparedand passed whichever is later.

In case of Maintenance and Operation works of Electrical & Mechanical services, thesecurity deposit deducted from Agencys shall be refunded within one month from the dateof final payment or within one month from the date of completion of the maintenancecontract which ever is earlier.

CLAUSE 18 

The Agency shall provide at his own cost all materials (except such special materials, if any,as may in accordance with the contract be supplied from the Engineer-in-Charge's stores),plant, tools, appliances, implements, ladders, cordage, tackle, scaffolding and temporaryworks required for the proper execution of the work, whether original, altered or substitutedand whether included in the specification or other document forming part of the contract orreferred to in these conditions or not, or which may be necessary for the purpose ofsatisfying or complying with the requirements of the Engineer-in-Charge as to any matter asto which under these conditions he is entitled to be satisfied, or which he is entitled torequire together with carriage therefor to and from the work. The Agency shall also supplywithout charge the requisite number of persons with the means and materials, necessary

for the purpose of setting out works, and counting, weighing and assisting the measurementfor examination at any time and from time to time of the work or materials. Failing his sodoing the same may be provided by the Engineer-in-Charge at to the Agency, under thiscontract or otherwise and/or from his security deposit or the proceeds of sale thereof, or ofa sufficient portions thereof.

CLAUSE 18 A 

In every cash in which by virtue of the provisions sub-section (1) of Section 12, of theWorkmen's Compensations Act, 1923, Government is obliged to pay compensation to aworkman employed by the Agency, in execution of the works, B.R.P.N.N.LTD. will recoverfrom the Agency the amount of the compensation so paid; and without prejudice to the rightof the B.R.P.N.N.LTD. under sub-section (2) of section 12, of the said Act, B.R.P.N.N.LTD.shall be at liberty to recover such amount or any part thereof by deducting it from thesecurity deposit or from any sum due by B.R.P.N.N.LTD. to the Agency whether under this

contract or otherwise. B.R.P.N.N.LTD. shall not be bound to contest any claim made

Agency Liable forDamages, defectsduringmaintenanceperiod

Agency toSupply Tools &Plants etc.

Recovery ofCompensationpaid to Workman

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against it under sub-section (1) Section 12, of the said Act, except on the written request ofthe Agency and upon his giving to B.R.P.N.N.LTD. full security for all costs for whichB.R.P.N.N.LTD. might become liable in consequence of contesting such claim.

CLUASE 18 B 

In every case in which by virtue of the provisions of the Contract Labour (Regulation and

 Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central Rules,1971, Government is obliged to pay any amounts of wages to a workman employed by the Agency in execution of the works, or to incur any expenditure in providing welfare andhealth amenities required to be provided under the above said Act and the rules underClause 19H or under the P.W.D. Agency's Labour Regulations, or under the Rules framedby B.R.P.N.N.LTD. from time to time for the protection of health and sanitary arrangementsfor workers employed by P.W.D. Agencys, B.R.P.N.N.LTD. will recover from the Agency theamount of wages so paid or the amount of expenditure so incurred; and without prejudice tothe rights of the B.R.P.N.N.LTD. under sub-section (2) of Section 20, and sub-section (4) ofSection 21, of the Contract Labour (Regulation and Abolition) Act, 1970, Government shallbe at liberty to recover such amount or any part thereof by deducting it from the securitydeposit or from any sum due by B.R.P.N.N.LTD. to the Agency whether under this contractor otherwise B.R.P.N.N.LTD. shall not be bound to contest any claim made against it undersub-section (1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the

written request of the Agency and upon his giving to the B.R.P.N.N.LTD. full security for allcosts for which B.R.P.N.N.LTD. might become liable in contesting such claim.

CLAUSE 19 

The Agency shall obtain a valid licence under the State Labour Act, and the ContractLabour (Regulation and Abolition) Central rules 1971, before the commencement of thework, and continue to have a valid license until the completion of the work. The Agencyshall also abide by the provisions of the Child Labour (Prohibition and Regulation) ACt,1986.

The Agency shall also comply with the provisions of the building and other ConstructionWorkers (Regulation of Employment & Conditions of Service) ACt, 1996 and the buildingand other Construction Workers Welfare Cess Act, 1996.

 Any failure to fulfil these requirements shall attract the penal provisions of the contractarising out of the resultant non-execution of the work.

CLAUSE 19 A 

No labour below the age of fourteen years shall be employed on the work.

CLAUSE 19 B 

Payment of wages :

i) The Agency shall pay to labour employed by him either directly or through sub- Agencys, wages not less than fair wages as per the provisions of the ContractLabour (Regulation and Abolition) Act 1970 and the contract Labour(Regulation and Abolition) Central Rules, 1971, wherever applicable.

ii) The Agency shall, notwithstanding the provisions of any contract to thecontrary, cause to be paid fair wage to labour indirectly engaged on the workincluding any labour engaged by his sub-Agencys in connection with the saidwork, as if the labour had been immediately employed by him.

iii) In respect of all labour directly or indirectly employed in the works forperformance of the Agency's part of this contract, the Agency shall comply withthe payment of wages, wage period, deductions from wages recovery of wagesnot paid and deductions unauthorisedly made, maintenance of wage books orwage slips, publication of scale of wages and other terms of employment,inspection and submission of periodical returns and all other matters of the likenature or as per the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and the Contract Labour (Regulation And Abolition)Central Rules, 1971, wherever applicable.

iv) a) The Engineer-in-Charge concerned shall have the right to deduct fromthe moneys due to the Agency any sum required or estimated to be

Ensuring Payment

and Amenities toWorkers if Agencyfails

Labour Laws tobe complied bythe Agency

Payment ofWages

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required for making good the loss suffered by a worker or workers byreason of nonfulfilment of the conditions of the contract for the benefit ofthe workers, non-payment of wages or of deductions made from his ortheir wages which are not justified by their terms of the contract or non-observance of the Regulations.

b) Under the provision of Minimum Wages (Central) Rules 1950, the Agency is bound to allow to the labours directly or indirectly employed inthe works one day rest for 6 days continuous work and pay wages atsame rate as for duty. In the event of default the Engineer-in-Chargeshall have the right to deduct the sum or sums not paid on account ofwages for weekly holidays to any labours and pay the same to thepersons entitled thereto from any money due to the Agency by theEngineer-in-Charge concerned.

v) The Agency shall comply with the provisions of the Payment of Wages Act,1936, Minimum Wages Act, 1948, Employees Liability Act, 1938, Workmen'sCompensation Act, 1923, Industrial Disputes Act, 1947, Maternity Act, 1970, orthe modifications thereof or any other laws relating thereto and the rules madethereunder from time to time.

vi) The Agency shall indemnify and keep indemnified B.R.P.N.N.LTD. against

payments to be made under and for the observance of the laws aforesaid andthe P.W.D. Agency's Labour Regulations without prejudice to his right to claimindemnity from his sub-Agencys.

vii) The laws aforesaid shall be deemed to be a part of this contract and anybreach thereof shall be deemed to be a breach of this contract.

viii) Whatever is the minimum wage for the time being, or if the wage payablehigher than such wage, such wage shall be paid by the Agency to the workmendirectly without the intervention of Jamadar and that Jamadar shall not beentitled to deduct or recover any amount from the minimum wage payable tothe workmen as and by way of commission or otherwise.

ix) The Agency shall ensure that no amount by way of commission or otherwise isdeducted or recovered by the Jamadar from the wage of workmen.

CLAUSE 19 C

In respect of all labour directly or indirectly employed in the work for the performance of the Agency's part of this contract, the Agency shall at his own expense arrange for the safetyprovisions as per Safety Code framed from time to time and shall at his own expenseprovide for all facilities in connection therewith. In case the Agency fails to makearrangement and provide necessary facilities as aforesaid he shall be liable to pay a penaltyof Rs. 200/- for each default and in addition the Engineer-in-Charge shall be at liberty tomake arrangement and provide facilities as aforesaid and recover the costs incurred in thatbehalf from the Agency.

CLAUSE 20 

The Agency shall at least pay and comply with all the provisions of the Minimum wages Acts and rules framed there under other labour laws related to contract labour .

CLAUSE 21 The contract shall not be assigned or sublet without the written approval of the Engineer-in-Charge. And if the Agency shall assign or sublet his contract, or attempt to do so, orbecome insolvent or commence any insolvency proceedings or make any composition withhis creditors or attempt to do so, or if any bribe, gratuity, gift, loan, perquisite, reward oradvantage pecuniary or otherwise, shall either directly or indirectly, be given, promised oroffered by the Agency, or any of his servants or agent to any public officer or person in theemploy of B.R.P.N.N.LTD. in any way relating to his office or employment, or if any suchofficer or person shall become in any way directly or indirectly interested in the contract, theEngineer-in-Charge on behalf of the Governor of Bihar shall have power to adopt thecourses specified in Clause 3 hereof in the interest of B.R.P.N.N.LTD. and in the event ofsuch course being adopted the consequences specified in the said Clause 3 shall ensue.

CLAUSE 22 

Work not to besublet. Action incase ofinsolvency

Compensation

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 All sums payable by way of compensation under any of these conditions shall beconsidered as reasonable compensation to be applied to the use of B.R.P.N.N.LTD. withoutreference to the actual loss or damage sustained and whether or not any damage shallhave been sustained.

CLUASE 23 

Where the Agency is a partnership firm, the previous approval in writing of the Engineer-in-Charge shall be obtained before any change is made in the constitution of the firm wherethe Agency is an individual or a Hindu undivided family business concern such approval asaforesaid shall likewise be obtained before the Agency enters into any partnershipagreement where under the partnership firm would have the right to carry out the workshereby undertaken by the Agency. If previous approval as aforesaid is not obtained, thecontract shall be deemed to have been assigned in contravention of Clause 21 thereof andthe same action may be taken, and the same consequences shall ensue as provided in thesaid Clause 21.

CLAUSE 24 

 All works to be executed under the contract shall be executed under the direction andsubject to the approval in all respects of the Engineer-in-Charge who shall be entitled todirect at what point or points and in what manner they are to be commenced, and from time

to time carried on.CLAUSE 25 

Except where otherwise provided in the contract all questions and disputes relating to themeaning of the specifications, design, drawings and instructions here-in-before mentionedand as to the quality of workmanship or materials used on the work or as to any otherquestion, claim right matter or thing whatsoever in any way arising out of or relating toecontract, designs, drawings, specifications, estimates, instructions, orders or theseconditions or otherwise concerning the works or the execution or failure to execute thesame whether arising during the progress of the work or after the cancellation, termination,completion or abandonment thereof shall be dealt with as mentioned hereinafter.

i) If the Agency considered any work demanded of him to be outside the requirementsof the contract, or dispute any drawings, record or decision given in writing by theEngineer-in-Charge on any matter in connection with or arising out of the contract or

carrying out of the contract or carrying out of the work, to be unacceptable, he shallpromptly within 7 days request the Dy. Chief Engineer in writing for written instructionor decision. Thereupon, the Dy. Chief Engineer shall give his written instructions ordecision within a period of fifteen days from the receipt of the Agency's letter.

If the Dy. Chief Engineer fails to give his instructions or decision in writing within theaforesaid period or if the Agency is dissatisfied with the instructions or decision of theDy. Chief Engineer, the Agency may, within 15 days of the receipt of Dy. ChiefEngineer decision, appeal to the Managing Director who shall afford an opportunity tothe Agency to be heard, if the latter so desires, and to offer evidence in support of hisappeal. The Managing Director shall give his decision within 30 days of receipt of Agency's appeal. If the Agency is dissatisfied with this decision, the Agency shallwithin a period of 30 days from receipt of the decision, give notice to the ManagingDirector for appointment of arbitrator failing which the said decision shall be finalbinding and conclusive and not referable to adjudication by the arbitrator.

ii) Except where the decision has become final, binding and conclusive in terms of SubPara (i) above disputes or difference shall be referred for adjudication througharbitrator appointed by Managing Director, the administrative head of the said BiharRajya Pul Nirman Nigam Ltd. If the arbitrator so appointed is unable or unwilling toact or resign his appointment or vacates his office due to any reason whatsoeveranother sole arbitrator shall be appointed in the manner aforesaid. Such person shallbe entitled to proceed with the reference from the stage at which it was left by hispredecessor.

It is a term of this contract that the party invoking arbitration shall give a list ofdisputes with amounts claimed in respect of each such dispute along with the noticefor appointment of arbitrator and giving reference to the rejection by the ManagingDirector of the appeal.

Changes in firm'sConstitution to beintimated

Settlement ofDisputes &Arbitration

 Approval ofEngineer Incharge

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It is also a term of this contract that no person other than a person appointed by suchManaging Director or administrative head of the Nigam as aforesaid should act asarbitrator and if for any reason that is not possible, the matter shall not be referred toarbitrator at all.

It is also a term of this contract that if the Agency does not make any demand forappointment of arbitrator in respect of any claims in writing as aforesaid within 45days of receiving the intimation from the Engineer-in-Charge that the final bill is readyfor payment, the claim of the Agency shall be deemed to have been waived andabsolutely barred and the B.R.P.N.N.LTD. shall be discharged and released of allliabilities under the contract in respect of these claims.

The arbitration shall be conducted in accordance with the provisions of the Arbitrationand Conciliation Act, 1996 (26 of 1996) or any statutory modifications or re-enactmentthereof and the rules made there under and for the time being in force shall apply tothe arbitration proceeding under this clause.

It is also a term of the contract that if any fees are payable to the arbitrator these shallbe paid equally by both the parties.

It is also a term of the contract that the arbitrator shall be deemed to have entered onthe reference on the date he issues notice to both the parties calling them to submit

their statement of claims and counter statement of claims. The venue of thearbitration shall be such place as may be fixed by the arbitrator in his sole discretion.The fees, if any, of the arbitrator shall, if required to be paid before the award is madeand published, be paid half and half by each of the parties. The cost of the referenceand of the award (including the fees, if any, of the arbitrator) shall be in the discretionof the arbitrator who may direct to any by whom and in what manner such costs orany part thereof shall be paid and fix or settle the amount of costs to be so paid.

 All arbitration shall be held at PATNA and at no other Place.

CLAUSE 26 

The Agency shall fully indemnify and deep indemnified the Governor of Bihar against anyaction, claim or proceeding relating to infringement or use of any patent or design or anyalleged patent or design rights and shall pay any royalties which may be payable in respectof any article or part thereof included in the contract. In the event of any claims made underthe action brought against B.R.P.N.N.LTD. in respect of any such matter as aforesaid the Agency shall be immediately notified thereof and the Agency shall be at liberty, at his ownexpense, to settle any dispute or to conduct any litigation that may arise therefrom, providedthat the Agency shall not be liable to indemnify the Governor of Bihar if the infringement ofthe patent or design or any alleged patent or design right is the direct result of an orderpassed by the Engineer-in-Charge in this behalf.

CLAUSE 27 

When the estimate on which a item Rate Offer is made includes lump sum in respect ofparts of the work, the Agency shall be entitled to payment in respect of the items of workinvolved or the part of the work in question at the same rates as are payable under thiscontract for such items, or if the part of the work in question is not, in the opinion of theEngineer-in-Charge capable of measurement, The Engineer-in-Charge may at his

discretion pay the lump-sum amount entered in the estimate, and the certificate in writing ofthe Engineer-in-Charge shall be final and conclusive against the Agency with regard to anysum or sums payable to him under the provisions of the clause.

CLAUSE 28 

In the case of any class of work for which there is no such specifications as referred to inClause 11, such work shall be carried out in accordance with the Bureau of IndianStandards Specifications, Indian Road Congress for road works and Indian BuildingCongress for building works or any central government agency. In case there are no suchspecifications in Bureau of Indian Standards, the work shall be carried out as permanufacturers specifications. If not available then as per Nigam specifications. In casethere are no such specifications as required above, the work shall be carried out in allrespects in accordance with the instructions and requirements of the Engineer-in-Charge.

CLAUSE 29 

Agency toindemnity Govt.against PatentRights

LumpsumProvisions inTender

Action where noSpecifications arespecified

With-holding andlien in respect ofsums due fromAgency

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i) Whenever any claim or claims for payment of a sum of money arises out of or underthe contract or against the Agency, the Engineer-in-Charge or the B.R.P.N.N.LTD.shall be entitled to with hold and also have a lien to retain such sum or sums in wholeor in part from the security, if any deposited by the Agency and for the purposeaforesaid, the Engineer-in-Charge or the B.R.P.N.N.LTD. shall be entitled to withholdthe security deposit, if any, furnished as the case may be and also have a lien over

the same pending finalisation or adjudication of any such claim. In the event of thesecurity being insufficient to cover the claimed amount or amounts or if no securityhas been taken from the Agency, the Engineer-in-Charge or the B.R.P.N.N.LTD. shallbe entitled to withhold and have a lien to retain to the extent of payable or which mayat any time thereafter become payable to the Agency under the same contract or anyother contract with the Engineer-in-Charge of the B.R.P.N.N.LTD. or any contractingperson through the Engineer-in-Charge of the B.R.P.N.N.LTD. or any contractionperson through the Engineer-in-Charge pending finalisation of adjudication of anysuch claim.

It is an agreed term of the contract that the sum of money or moneys so withheld orretained under the lien referred to above by the Engineer-in-Charge orB.R.P.N.N.LTD. will be kept withheld or retained as such by the Engineer-in-Chargeor B.R.P.N.N.LTD. till the claim arising out of or under the contract is determined bythe arbitrator (if the contract is governed by the arbitration clause) or by the

competent court, as the case may be and that the Agency will have no claim forinterest or damages whatsoever on any account in respect of such withholding orretention under the lien referred to above and duly notified as such to the Agency. Forthe purpose of this clause, where the Agency is a partnership firm or a limitedcompany, the Engineer-in-Charge or the B.R.P.N.N.LTD. shall be entitled to withholdand also have a lien to retain towards such claimed amount or amounts in whole or inpart from any sum found payable to any partner/limited company as the case may be,whether in his individual capacity or otherwise.

ii) B.R.P.N.N.LTD. shall have the right to cause an audit and technical examination ofthe works and the final bills of the Agency including all supporting vouchers, abstractetc., to be made after payment of the final bill and if as a result of such audit andtechnical examination any sum is found to have been overpaid in respect of any workdone by the Agency under the contract or any work claimed to have been done byhim under the contract and found not to have been executed, the Agency shall beliable to refund the amount of over-payment and it shall be lawful for B.R.P.N.N.LTD.to recover the same from him in the manner prescribed in sub-clause (i) of this clauseor in any other manner legally permissible; and if is found that the Agency was paidless than what was due to him under the contract in respect of any work executed byhim under it, the amount of such under payment shall be duly paid by B.R.P.N.N.LTD.to the Agency, without any interest thereon whatsoever.

CLAUSE 29 A 

 Any sum of money due and payable to the Agency (including the security deposit returnableto him) under the contract may be withheld or retained by way of lien by the Engineer-in-Charge or the B.R.P.N.N.LTD. or any other contracting person or persons throughEngineer-in-Charge against any claim of the Engineer-in-Charge or B.R.P.N.N.LTD. or suchother person or persons in respect of payment of a sum of money arising out of or underany other contract made by the Agency with the Engineer-in-Charge or the B.R.P.N.N.LTD.

or with such other person or persons.

It is an agreed term of the contract that the sum of money so withheld or retained under thisclause by the Engineer-in-Charge or the B.R.P.N.N.LTD. will be kept withheld or retained assuch by the Engineer-in-Charge or the B.R.P.N.N.LTD. till his claim arising out of the samecontract or any other contract is either mutually settled or determined by the arbitrationclause or by the competent court, as the case may be and that the Agency shall have noclaim for interest or damages whatsoever on this account or on any other ground in respectof any sum of money withheld or retained under this clause and duly notified as such to the Agency.

CLAUSE 30 

The Agency(s) shall make his/their own arrangements for water required for the work andnothing extra will be paid for the same. This will be subject to the following conditions.

Lien in respect ofclaims in otherContracts

Unfilteredwater

supply

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i) That the water used by the Agency(s) shall be fit for construction purposes to thesatisfaction of the Engineer-in-Charge.

ii) The Engineer-in-Charge shall make alternative arrangements for supply of water atthe risk and cost of Agency (s) if the arrangements made by the Agency(s) forprocurement of water are in the opinion of the Engineer-in-Charge, unsatisfactory.

CLAUSE 31 - Deleted

CLAUSE 32 

i) The Agency shall arrange at his own expense all tools, plant machinery andequipment (hereinafter referred to as T & P) required for execution of the work exceptfor the Plant & Machinery listed in Schedule 'C' and stipulated for issue to the Agency. If the Agency requires any item of T & P on hire from the T & P available will,if such item is available, hire it to the Agency at rates to be agreed upon between himand the Engineer-in-Charge. In such a case all the conditions hereunder for issue ofT & P shall also be applicable to such T & P as is agreed to be issued.

ii) Plant and Machinery when supplied on hire charges shown in Schedule 'C' shall bemade over and taken back at the departmental equipment yard/shed shown inSchedule 'C' and the Agency shall bear the cost of carriage from the place of issue tothe site of work and back. The Agency shall be responsible to return the plant and

machinery with condition in which it was handed over to him, and he shall beresponsible for all damage caused to the said plant and machinery at the site of workor elsewhere in operation and otherwise during transit including damage to or loss ofplant and for all losses due to his failure to return the same soon after the completionof the work for which it was issued. The Divisional Engineer shall be the sole judge todetermine the liability of the Agency and its extent in this regard and his decision shallbe final and binding on the Agency.

iii) The plant and machinery as stipulated above will be issued as and when availableand if required by the Agency. The Agency shall arrange his programme of workaccording to the availability of the plant and machinery and no claim, whatsoever, willbe entertained from him for any delay in supply by the Nigam.

iv) The hire charges shall be recovered at the prescribed rates from and inclusive of thedate the plant and machinery made over up to and inclusive of the date of the return

in good order even though the same may not have been working for any causeexcept major breakdown due to no fault of the Agency or fauity use requiring morethan three working days continuously (excluding intervening holidays and Sundays)for bringing the plant in order. The Agency shall immediately intimate in writing to theEngineer in Charge when any plant or machinery gets out of order requiring majorrepairs as aforsaid. The Engineer in Charge shall record the date and time of receiptof such intimation in the log sheet of the plant or machinery. Based on this if thebreakdown before lunch period or major breakdown will be computed considering halfa day's breakdown on the day of complaint. If the breakdown occurs in the post lunchperiod of major breakdown will be computed starting from the next working day. Incase of any dispute under this clause the decision of the Dy. Chief Engineer shall befinal and binding on the Agency.

v) The hire charges shown above are for each day of 8 hours (inclusive of the one-hourlunch break) or part thereof.

vi) Hire charges will include service of operating staff as required and also supply oflubricating oil and stores for cleaning purposes. Power fuel of approved type,firewood, kerosene oil etc. for running the plant and machinery and also the full timechowkidar for guarding the plant and machinery against any loss or damage shall bearranged by the Agency who shall be fully responsible for the safeguard and securityof plant and machinery. The Agency shall on or before the supply of plant andmachinery sign an agreement indemnifying the Nigam against any loss or damagecaused to the plant and machinery either during transit or at site of work.

vii) Ordinarily, no plant and machinery shall work for more than 8 hours a day inclusive ofone hour lunch break. In case of an urgent work however, the Engineer in Chargemay, at his descretion, allow the plant and machinery to be worked for more thannormal period or 8 hours a day. In that case the hourly hire charges for overtime tocharge (1/8)th of the daily charges) subject to a minimum of half day's normal

charges on any particular day. For working out hire charges for over time a period of

Hire of Plant &Machinery

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half an hour and above will be charged as one hour and a period of less than hflf anhour will be ignored.

viii) The Agency shall release the plant and machinery every seventh day for periodicalservicing and/or wash out which may take about three to four hours or more. Hirecharges for full day shall be recovered from the Agency for the day of servicing/Washout irrespective of the period employed in servicing.

ix) The plant and machinery once issued to the Agency shall not be returned by him onaccount of lack of arrangements of labour and materials, etc. on his part, the samewill be returned only when they are required for major repairs or when in the opinionof the Engineer in Charge the work or a portion of work for which the same wasissued is completed.

x) Log Book for recording the hours of daily work for each of the plant and machinerysupplied to the Agency will be maintained by theNigam and will be countersigned bythe Agency or his authorised agent daily. In case the Agency contests thecorrectness of the entries and/or fails to sign the Log Book the decision of theEngineer in Charge shall be finaland binding on him. Hire charges will be calculatedaccording to the entries in the Log Book and will be binding on the Agency. Recoveryon account of hire charges for road rollers shall be made for the minimum number ofdays worked out on the assumption that a roller can consolidate per day and

maximum quantity of materials or area surfacting as noted against each in theannexed statement (see attached annexure).

xi) In the case of concrete mixers, the Agencys shall arrange to get the hopper cleanedand the drum washed at the close of the work each day or each occasion.

a) In case rollers for consolidation are employed by the Agency himself, log bookfor such rollers shall be maintained in the same manner as is done in case ofdepartmental rollers, maximum quantity of any item to be consolidated for eachroller day shall also be same as in Annexure to Clause 34(x). For less use ofrollers recovery for the less orller days shall be made at the stipulated issue rate.

xii) The Agency shall be responsible to return the plant and machinery in the condition inwhich it was handed over to him and he shall be responsible for all damage caused tothe said plant and machinery at the site of work or elsewhere in operation or

otherwise or during transit including damage to or loss of parts, and for all losses dueto him failure to return the same soon after the completion of the work for which it wasissued. The Divisional Engineer shall be the sole judge to determine the liability of the Agency and its extent in this regard and his decision shall be final and binding on the Agency.

xiii) The Agency will be exempted for levy of any hire charges for the number of days heis called upon in writing by the Engineer in Charge to suspend execution of the workprovided B.R.P.N.N.LTD. plant and machinery in question have, in fact remained idlewith the Agency because of the suspension.

xiv) In the event of the Agency not requiring any item of plant and machinery issued byB.R.P.N.N.LTD. though not stipulated for issue in Schedule 'C' any time after takingdelivery at the place of issue, he may return it after two days written notice or at anytime without notice if he agrees to pay hire charges for two additional days without inany way affecting the right of the Engineer in Charge to use the said plant andmachinery during the said period of two days as he likes including hiring out to a thirdparty.

CLAUSE 33 

 Agencys Superintendence, Supervision, Technical Staff & Employees

i) The Agency shall provide all necessary superintendence during execution of the workand as along thereafter as may be necessary for proper fulfilling of the obligationsunder the contract.

The Agency along with bidding of the item Rate Offer , intimate in writing to theEngineer-in-Charge the name, qualifications, experience, age, address and otherparticulars along with certificates, of the technical representative to be in charge ofthe work. If any change then incumbent qualifications and experience shall not belower than specified in Schedule in I.T.B. [4.3 B (b)]. The Engineer-in-Charge shall

Employment ofTechnical Staff andemployees

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within 15 days of issue of letter of acceptance intimate in writing his approval orotherwise it is deemed to be approved. Any such approval may at any time bewithdrawn and in case of such withdrawal the Agency shall appoint another suchrepresentative according to the provisions of this clause. Decision of the item RateOffer accepting authority / Dy. Chief Engineer shall be final and binding on the Agency in this respect. Technical staff shall be available at site within fifteen days of

start of work.

If the Agency (or any partner in case of firm/company) himself has such qualifications,it will not be necessary for the said Agency to appoint such a principal technicalrepresentative but the Agency shall designate and appoint a responsible agent torepresent him and to be present at the work whenever the Agency is not in a positionto be so present. All the provisions applicable to the principal technical representativeunder the Clause will also be applicable in such a case to Agency or his responsibleagent. The principal technical representative and/or the Agency or his responsibleauthorised agent shall be actually available at site at least two working days everyweek, these days shall be determined in advance and also during recording ofmeasurement of works and whenever so required by the Engineer-in-Charge by anotice as aforesaid and shall also note down instructions conveyed by the Engineer-in-Charge or his designated down the representative in the site order book and intoken of acceptance of measurements. There shall be no objection if the

representative/agent looks after more than one work and not more than three worksin the same station provided these details are disclosed to the Engineer-in-Chargeand he shall be satisfied that the provisions and the purpose of the clause are fulfilledsatisfactorily.

If the Engineer-in-Charge, whose decision in this respect is final and binding on the Agency, is convinced that no such technical representative or agent is effectivelyappointed or is effectively attending or fulfilling the provision of this clause, a recoveryshall be effected from the Agency as specified in Schedule 'F' and the decision of theEngineer-in-Charge as recorded in the site order book and measurement recorded inMeasurement Books shall be final and binding on the Agency. Further if the Agencyfails to appoint a suitable technical representative or responsible agent and if suchappointed persons are not effectively present or do not discharge their responsibilitiessatisfactorily, the Engineer-in-Charge shall have full powers to suspend the executionof the work until such date as a suitable agent is appointed and the Agency shallsubmit a certificate of employment of the technical representative/responsible agentalong with every on account bill/fixed bill and shall produce evidence if at any time sorequired by the Engineer-in-Charge.

ii) The Agency shall provide and employ on the site only such technical assistants asare skilled and experienced in their respective fields and such foremen andsupervisory staff as are competent to give proper supervision to the work.

The Agency shall provide and employ skilled, semiskilled and unskilled labour as isnecessary for proper and timely execution of the work.

The Engineer in Charge shall be at liberty to object to and require the Agency toremove from the works and person who in his opinion misconducts himself, or isincompetent or negligent in the performance of his duties or whose employment isotherwise considered by the Engineer in Charge to be undersirable. Such person

shall not be employed again at works site without the written pernmission of theEngineer in Charge and the persons so removed shall be replaced as soon aspossible by competent substitutes.

CLAUSE 34 

i) Sales Tax or any other tax on materials in respect of this contract shall be payable bythe Agency according to law in effect.

ii) The Agency shall deposit royalty and obtain necessary permit for supply of the redearth, moorum, sand chips bajri, stone, kankar, etc. from local authorities.

iii) If pursuant to or under any law, notification or order any royalty, cess or the hikebecomes payable to the Government of India and does not at any time becomepayable by the Agency to the B.R.P.N.N.LTD.. Local authorities in respect of anymaterial used by the Agency in the works then in such a case, it shall be lawful to the

Levy/Taxespayable byAgency

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Government of India and it will have the right and be entitled to recover the amountpaid in the circumstances as aforesaid from the dues of the Agency.

CLAUSE 35 

i) All item Rate Offered rates shall be inclusive of all taxes and levies payable underrespective statutes. However, pursuant to the Constitution (46th Amendment) Act.

1982, if any further tax or levy is imposed by Statute, after the last stipulated date forthe receipt of item Rate Offer including extensions if any and the Agency thereuponnecessarily and properly pays such taxes/levies the Agency shall be reimbursed theamount so paid, provided such payments, if any, is not, in the opinion of the ChiefEngineer ( whose decision shall be final and binding on the Agency) attributable todelay in execution of work within the control of the Agency.

ii) The Agency shall keep necessary books of accounts and other documents for thepurpose of this condition as may be necessary and shall allow inspection of the sameby a duly authorised representative of the B.R.P.N.N.LTD. and/or the Engineer-in-Charge and further shall furnish such other information/document as the Engineer-in-Charge may require from time to time.

iii) The Agency shall, within a period of 30 days of the imposition of any such further taxor levy, pursuant to the Constitution (Forty Sixth Amendment) Act 1982, give a written

notice thereof to the Engineer-in-Charge that the same is given pursuant to thiscondition, together with all necessary information relating thereto.

CLAUSE 36 

If the Agency is imprisoned, becomes insolvent compound with his creditors, has areceiving order made against him or carries on business under a receiver for the benefit ofthe creditors or any of them, or being a partnership firm becomes dissolved, or being acompany or corporations goes into liquidation or commences to be wound up not being avoluntary winding up for the purpose only of amalgamation or reconstitution the Nigam shallbe at liberty.

(a) To give such liquidator, receiver, or other person in whom the contract may becomevested, the option of carrying out the contract or a position there of to be determinedby the Nigam, subject to his providing an appropriate guarantee for the performanceof such contract or.

(b) To terminate the contract, forthwith by notice in writing to the Agency, the liquidator,the receiver or person in whom the contract may become vested and take furtheraction as provided in the relevant clauses of the contract.

CLAUSE 37 

Without prejudice to any of the rights or remedies under this contract if the Agency dies, theDivisional Officer on behalf of the Governor of Bihar shall have the option of terminating thecontract without compensation to the Agency after the affidavit of his/ their legal heir/heirsthat they are not going to be in this profession in future.

CLAUSE 38 

The Agency shall not be permitted to item Rate Offer for works in the concerned Pul Nigamworks division (responsible for award and execution of contracts) in which his near relativeis posted as Divisional Accountant or as an officer in any capacity between the grades of

the Superintending Engineer and Assistant Engineer (both inclusive). He shall also intimatethe names of persons who are working with him in any capacity or are subsequentlyemployed by him and who are near relatives to any Gazetted Officer in the B.R.P.N.N. LTD. Any breach of this condition by the Agency's of this Nigam shall lead to blacklisting. Ifhowever the Agency's is registered in any other department, he shall be debarred fromtendering in B.R.P.N.N. LTD for any breach of this condition.

NOTE : By the term “near relatives” is meant wife, husband, parents and grand parents,children and grand children, brothers and sisters, uncles, aunts and cousins and theircorresponding in law.

CLAUSE 39 

No engineer of gazetted rank of B.R.P.P.N.N. Ltd. or other gazetted officer employed inengineering or administrative duties in an engineering department shall work as a Agencyor employee of a Agency for a period of two years after his retirement from B.R.P.N.N.LTD.

Conditions forreimbursement of

levy/taxes if leviedafter receipt oftenders

Termination ofContract on deathof Agency

If relation workingin BRPNN then theAgency not allowed

to tender

No-Gazetted-Engineerto work as Agencywithin two years of

retirement

Imprisonment ofAgency

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service without the previous permission of State Government of India in writing. Thiscontract is liable to be cancelled if either the Agency or any of his employees is found atany time to be such a person who had not obtained said permission prior to engagement inthe Agency’s service, as the case may be.

CLAUSE 40 - Deleted

CLAUSE 41 

On completion of the whole of the work, half of the total amount of security shall be repaidto the contractor after six months of completion. However, the balance half of the totalamount of security will be returned after completion of defect liability period (2 Years) plus28 days and after the Engineer has certified that all defects notified by him to the contractorbefore the end of this period have been corrected and also after recovery of any dues.

CLUASE 42

Technical officers / staff deployed by the Agency as any construction site will also beresponsible for inferior quality / poor performance of any work and his name will be

circulated to all works division of the B.R.P.N.N. LTD. to debar from any other site, if his

name is being proposed by other Agency.

CLAUSE 43

 All risks of loss of or damage to physical property and of personal injury and death whicharise during and in consequence of the performance of the Contract other than theexcepted risks are the responsibility of the Agency.

CLAUSE 44

The Agency shall provide, in the joint names of the Employer and the Agency, insurancecover from the Start Date to the end of the Defects Liability Period, in the amounts anddeductibles stated in the Contract Data for the following events which are due to the Agency's risks :

(a) loss of or damage to the Works, Plant and Materials ;

(b) loss of or damage to Equipment;

(c) loss of or damage of property (except the Works, Plant, Materials andEquipment) in connection with the Contract; and

(d)   personal injury or death.

Policies and certificates for insurance shall be delivered by the Agency to the Engineer forthe Engineer's approval before the Start Date. All such insurance shall provide forcompensation to be payable in the types and proportions of currencies required to rectifythe loss or damage incurred.

If the Agency does not provide any of the policies and certificates required, the Employermay effect the insurance which the Agency should have provided and recover thepremiums the Employer has paid from payments otherwise due to the Agency or, if nopayment is due, the payment of the premiums shall be a debt due.

 Alteration to the terms of an insurance shall not be made without the approval of the

Engineer.

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

CLAUSE 45 

The Agency shall, within the time stated in special Conditions of contract after the date ofthe Letter of Acceptance, provide to the Engineer for his information a detailed cash flowestimate, in quarterly periods, of all payments to which the Agency will be entitled under theContract and the Agency shall subsequently supply revised cash flow estimates at quarterlyintervals, if required to do so by the Engineer. in charge

CLAUSE 46

Release ofSecurity deposit

Agency'sRisks

Insurancefor workcosting

more than25 crore

Cash FlowEstimate to beSubmitted

Safety, Security

and Protection ofthe Environment

Responsibility ofTechnical Staff and

employees

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The Agency shall, throughout the execution and completion of the Works and theremedying of any defects therein :

(a) have full regard for the safety of all persons entitled to be upon the Site and keep theSite (so far as the same is under his control) and the Works (so far as the same are notcompleted or occupied by the Employer) in an orderly state appropriate to theavoidance of danger to such persons,

(b) Provide and maintain at his own cost all lights, guards, fencing, warning signs andwatching, when and where necessary or required by the Engineer or by any dulyconstituted authority, for the protection of the Works or for the safety and convenienceof the public or others, and

(c) take all reasonable steps to protect the environment on and off the Site and to avoiddamage or nuisance to persons or to property of the public or others resulting frompollution, noise or other causes arising as a consequence of his methods of operation.

CLAUSE 47

 All samples shall be supplied by the Agency at his own cost if the supply thereof is clearlyintended by or provided for in the Contract.

CLAUSE 48

The cost of making any test shall be borne by the Agency if such test is :

(a) clearly intended by or provided for in the Contract, or

(b) particularised in the Contract (in case only of a test under load or of a test to ascertainwhether the design of any finished or partially finished work is appropriate for thepurposes which it was intended to fulfill) in sufficient detail to enable the Agency to priceor allow for the same in his item Rate Offer.

CLAUSE 49

If any test required by the Engineer which is :

(a) not so intended by or provided for,

(b) (in the cases above mentioned) not so particularised, or

(c) (though so intended or provided for) required by the Engineer to be carried out at anyplace other than the Site or the place of manufacture, fabrication or preparation of thematerials or Plant tested,

shows the materials, Plant or workmanship not to be in accordance with the provisionsof the Contract to the satisfaction of the Engineer, then the cost of such test shall beborne by the Agency, but in any other case Nigam will bear the cost.

CLAUSE 50

The contract shall commence the Works as soon as is reasonably possible after the receiptby him of a notice to this effect from the Engineer-in-Charge, which notice shall be issuedwithin the time stated in the contract data after the date of the Letter of Acceptance.Thereafter, the Agency shall proceed with the Works with due expedition and without delay.

CLAUSE 51

If any part of the Permanent Works has been substantially completed and has satisfactorilypassed any Test on Completion prescribed by the Contract, the Engineer may issue aTaking-Over Certificate in respect of that part of the Permanent Works before completion ofthe Works and, upon the issue of such Certificate, the Agency shall be deemed to haveundertaken to complete with due expedition any outstanding work in that part of thePermanent Works during the Defects Liability Period.

CLAUSE 52

Cost ofSamples

Cost of Tests

Cost of Tests notProvided for

Commencementof Works

SubstantialCompletion ofParts for workcosting morethan 25 crore

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Force Majeure

Neither party shall be liable to the other for any loss or damage occasioned by or arisin outof acts of GOD such has Unprecedented flood, Volcanic eruption, Earthquake or otherconvulsion of nature and other acts such as the general partial strikes by a section ofB.R.P.N.N.LTD. employees, invasion, the act of foreign countries hostilities or war like

operations before or after declaration of war, reballion military or usurped power whichprevent performance of the contract and which could not have been foreseen or avaided bya prudent person.

CLAUSE 53

 Any amount found recoverable from the Agency shall be recovered as public demand underthe Bihar Public Demand Act. Without prejudice to any other mode of recovery.

CLAUSE 54

On acceptance of tender, the contractor at his own cost will construct a

suitable furnished office at site equipped with all basic facilities such as

Furniture’s ,AC,s , telephone(s), fax, internet, photocopier, computer(s)

and printer(s) along with operator(s), regular electric & drinking water

supply and vehicles (minimum 3 nos. AC SUV/MUV) including drivers/

fuels/ maintenances etc) for the BRPNNL Officers/Staff. The contractor

shall provide consumable as required and maintain the aforesaid facilities

intact / operational during the tenancy of the contract or maximum up to 6

months beyond the contractual completion date if the work is delayed due

to any reasons excluding the defect liability period. The contractor shall

also make sufficient arrangement for photography / Videography so that

photographs/ video can be taken of any specific activity at any point of

time. The contractor shall also provide software like MS Project etc. for the

purpose of preparing progress report etc.

LIST OF ITEMS TO BE PROVIDED AND MAINTAINED FOR DEPARTMENTAL ENGINEER'S SITE

OFFICE 

S.No. Item Speculations NOS.

Reqd.

01. Executive table (for the Engineer) Make - Godrej Model

No. T-108 or equivalent

03

02. Executive chair (for the Engineer) Make - Godrej Model

No. PCH-701 or equivalent

03

03. Table (for Site Engineer, Accountant

and Head clerk)

Make - Godrej Model

No. T-104 or equivalent

04

Recovery

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04. Ordinary chair Type l(For the

Engineer, Accountant, Head Clerk and

visitors)

Make - Godrej Model No.

CHR-6 or quivalent

08

05. Table (for all other staff) Make - Godrej Model No. T-

101 or equivalent

04

06. Ordinary chair-Type II(For all other staff

and and visitors)

Make - Godrej Model No.

CHR-6 or equivalent

10

07. Stool Make - Godrej Model

No. ST-2 or equivalent

04

08. 1980 mm x 9! 5 mm x 485 mm No.l Storewel plain or

equivalent

03

09. Steel Almirah 1270 mm x 765 mm x

440 mm

Make - Godrej Model Minor

plain or equivalent

07

10. Racks - 5 Tier 1800 mm

x 900 mm x 375 mm

Make of slotted Angles and

M.S.Sheets of Godrej make

04

11. Typewriter Electronic-Bilingual (English

& Hindi)

Network make or equivalent

Nil

12. Steel Cash Chest of size 1.5' x 1.5'

(450 mm x 450 mm) (approx.)

Make - Godrej Storewel or

equivalent

01

13. Air Coolers The coolers shall have 24"

(60cm) size fan with suitable

pump and shall be of either

GEC. Khaitan or Cool Home

make or equivalent

04

14 Air conditioner 1.5 tonne capacity 03

15 Room Heaters The heaters shall be of 2000

W capacity- Bajaj make or

equivalent

03

16 Ceiling Fans 1400 mm size Ceiling fans shall

be of approved

make and colour.

08

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17 Computer with Printer and Scanner P4 system with hard disc

80GB capacity 01GB RAM,

combo drives, 17" size colour

monitor laser printer, internet

facility & other software.

03

18 Photocopier Make RICOH Model FT 4065

or equivalent

01

19 Vehicle (New) Bolero or Scorpio (Latest

Model)

03

20 Motor Boat with operator 01

NOTE : 

In case of difference or ambiguity in Hindi and English version, the English version will prevail.

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SAFTEY  CODE

1. Suitable scaffolds should be provided for workmen for all works that cannot safely be donefrom the ground, or from solid construction except such short period work as can be done

sagely from ladders.2. Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung or

suspended from an overhead support or erected with stationary support shall have a guardrail property attached or bolted, braced and otherwise secured at least 90 cm. (3ft.) highabove the floor or platform of such scaffolding or staging and extending along the entirelength of the outside and ends there of with only such opening as may be necessary for thedelivery of materials. Such scaffolding or staging shall be so fastened as to prevent it fromswaying from the building or structure.

3. Working platforms, gangways and stairways should be so constructed that they should notsag unduly or unequally, and if the height of the platform or the gangway or the stairway ismore than 3.6 m (12ft.) above ground level or floor level, they should be closely boarded,should have adequate width and should be suitably fastened as described in (2) above.

4. Every opening in the floor of a building or in a working platform shall be provided with

suitable means to prevent the fall of person or materials by providing suitable fencing orrailing whose minimum height shall be 90 cm. (3ft.)

5. Sate means of access shall be provided to all working platforms and other working places.Every ladder shall be securely fixed. No portable single ladder shall be over 9 m.(30 ft.) inlength while the width between side rails in rung ladder shall in no case be less than 29 cm.(11½) for ladder up to and including 3 m. (10 ft.) in length

6. Excavation and Trenching- All trenches 1.2 m. ( 4 ft.) or more in depth, shall at all times besupplied with at least one ladder for each 30m. (100 ft.) in length or fraction thereof Laddershall extend from bottom of the trenches which are 1.5 m. (5ft.) or more in depth shall bestepped back to give suitable slope or securely held by timber bracing, so as to avoid thedanger of sides collapsing. The excavated materials shall not be placed within 1.5 m. (5 ft.)of the edges of the trench or half of the depth of the trench whichever is more. Cutting shallbe done from top to bottom. Under no circumstances undermining or undercutting shall be

done.7. Demolition - Before any demolition work is commenced and also during the progress of the

work,

i) All roads and open areas adjacent to the work site shall either be closed or suitablyprotected

ii) No electric cable or apparatus which is liable to be a source of danger or a cable orapparatus used by the operator shall remain electrically charged.

iii) All practical steps shall be taken to prevent danger to persons employed from risk offire or explosion or flooding. No floor, roof or other part of the building shall beoverloaded with debris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge should be kept available for the use of the person employed on the site and

maintained in a condition suitable for immediate use, and the Agency should take adequatesteps to ensure proper use of equipment by those concerned :- The following safetyequipment shall invariably be provided.

i) Workers employed on mixing asphaltic materials, cement and lime mortars shall beprovided with protective footwear and protective goggles.

ii) Those engaged in white washing and mixing or stacking of cement bags or anymaterial which is injurious to the eyes shall be provided with protective goggles.

iii) Those engaged in welding works shall be provided with welder's protective eye-shields.

iv) Stone breaker shall be provided with protective goggles and protective clothing andseated at sufficiently safe intervals.

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v) When workers are employed in sewers and manholes, which are in active use, the Agencys shall ensure that the manhole covers are opened and ventilated at least foran hour before the workers are allowed to get into the manholes, and the manholesso opened shall be cordoned off with suitable railing and provided with warningsignals or boards to prevent accident to the public. In addition, the Agency shallensure that the following safety measure are adhered to :-

vi) The Agency shall not employ men and women below the age of 18 years on the workof painting with products containing lead in any form. Wherever men above theage of 18 are employed on the work of lead painting, the following precautionshould be taken :-

a) No paint containing lead or lead products shall be used except in the form ofpaste or ready made paint.

b) Suitable face masks should be supplied for use by the workers when paint isapplied in the form of spray or surface having lead paint is dry rubbed andscarped.

c) Overalls shall be supplied by the Agencys to the workmen and adequatefacilities shall be provided to enable the working painters to wash during and onthe cessation of work.

9. The Agency shall not employ women and men below the age of 18 on the work of paintingwith product containing lead in any form, wherever men above the age of 18 are employedon the work of lead painting, the following principles must be observed for such use :

i) White lead, sulphate of lead or product containing these pigment, shall not be used inpainting operation except in the form of pastes or paint ready for use.

ii) Measures shall be taken, wherever required in order to prevent danger arising fromthe application of a paint in the form of spray.

iii) Measures shall be taken, wherever practicable, to prevent danger arising out of fromdust caused by dry rubbing down and scarping.

iv) Adequate facilities shall be provided to enable working painters to wash during andon cessation of work.

v) Overall shall be worn by working painters during the whole of working period.vi) Suitable arrangement shall be made to prevent clothing rut off during working hours

being spoiled by painting materials.

(deleted vii to viii)

ix) Instructions with regard to special hygienic precautions to be taken in the paintingtrade shall be distributed to working painters.

10. When the work is done near any place where there is risk of drowning, all necessaryequipments should be provided and kept ready for use and all necessary steps taken forprompt rescue of any person in danger and adequate provision, should be made for promptfirst aid treatment of all injuries likely to be obtained during the course of the work.

11. Use of hoisting machines and tackle including their attachments, anchorage and supportsshall conform to the following standards or conditions :-

i) a) These shall be of good mechanical construction, sound materials and adequatestrength and free from patent defects and shall be kept repaired and in goodworking order.

b) Every rope used in hoisting or lowering materials or as a means of suspensionshall be of durable quality and adequate strength, and free from patent defects.

12. Motors, gearing, transmission, electric wiring and other dangerous parts of hoistingappliances should be provided with efficient safeguards. Hoisting appliances should beprovided with such means as will reduce to the minimum the risk of accidental descent ofthe load. Adequate precautions should be taken to reduce to the minimum the risk of anypart of a suspended load becoming accidentally displaced. When workers are employed onelectrical installations which are already energised, insulating mats, wearing apparel, suchas gloves, sleeves and boots as may be necessary should be provided. The worker should

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not wear any rings, watches and carry keys or other materials which are good conductors ofelectricity.

13. All scaffolds, ladders and other safety devices mentioned or described or herein shall bemaintained in safe condition and no scaffold, ladder or equipment shall be altered orremoved while it is in use. Adequate washing facilities should be provided at or near placesof work.

14. These safety provisions should be brought to the notice of all concerned by display on anotice board at a prominent place at work spot. The person responsible for compliance ofthe safety code shall be named therein by the Agency.

15. To ensure effective enforcement of the rules and regulations relating to safety precautionsthe arrangements made by the Agency shall be open to inspection by the Labour Officer orEngineer-in-Charge of the Nigam of their representatives.

16. Notwithstanding the above clauses from (1) to (15) there is nothing in these to exempt the Agency from the operations of any other Act or Rule in force in the Republic of India.

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MODEL RULES FOR THE PROTECTION OF

HEALTH AND SANITARY ARRANGEMENTS FOR WORKERS

EMPLOYED BY B.R.P.N.N.LTD OR ITS AGENCYS

1. APPLICATION 

The rules shall apply to all buildings and construction works in charge of Central PublicWorks Department/ PWD (DA) in which twenty or more workers are ordinarily employed orare proposed to be employed in any day during the period during which the contract work isin progress.

2. DEFINITION 

Work place means a place where twenty or more workers are ordinarily employed inconnection with construction work on any day during the period during which the contractwork is in progress.

3. FIRST-AID FACILITIES 

i) At every work place there shall be provided and maintained, so as to be easilyaccessible during working hours, first- aid boxes at the rate of not less than one boxfor 150 contract labour or part thereof ordinarily employed.

ii) The first-aid box shall be distinctly marked with a red cross on white back ground andshall contain the following equipment, :

Each first-aid box shall contain the following equipments :-

1. 6 small sterilised dressings.

2. 3 medium size sterilised dressings.

3. 3 large size sterilised burn dressings.

4. 3 large size burn dressings.

5. 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine.

6. 1 (30 ml.) bottle containing salvolatile having the dose and mode ofadministration indicated on the label.

7. 1 snakebite lancet.

8. 1 (30 ml.) bottle of potassium permanganate crystals.

9. 1 pair scissors.

10. 1 copy of the first- aid leaflet issued by the Director General, Factory Advice Service and Labour Institutes, Government of India.

11. 1 bottle containing 100 tablets (each of 5 gms.) of aspirin.

12. Ointment for burns.

13. A bottle of suitable surgical antiseptic solution.

iii) Adequate arrangements shall be made for immediate recoupment of the equipmentwhen necessary.

iv) Nothing except the prescribed contents shall be kept in the First-aid box.

v) The first-aid box shall be kept in charge of a responsible person who shall always bereadily available during the working hours of the work place.

vi) A person in charge of the First-aid box shall be a person trained in First-aid treatment,in the work places where the number of contract labour employed is 150 or more.

vii) In work places where the number of contract labour employed is 500 or more andhospital facilities are not available within easy distance from the works. First-aid posts

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shall be established and run by a trained compounder. The compounder shall be onduty and shall be available at all hours when the workers are at work.

viii) Where work places are situated in places which are not towns or cities, a suitablemotor transport shall be kept readily available to carry injured person or personsuddenly taken ill to the nearest hospital.

4. DRINKING WATER 

i) In every work place, there shall be provided and maintained at suitable places, easilyaccessible to labour, a sufficient supply of cold water fit for drinking.

ii) Where drinking water is obtained from an Intermittent public water supply, each workplace shall be provided with storage where such drinking water shall be stored.

iii) Every water supply or storage shall be at a distance of not less than 50 feet from anylatrine drain or other source of pollution. Where water has to be drawn from anexisting well which is within such proximity of latrine, drain or any other source ofpollution, the well shall be properly chlorinated before water is drawn form it fordrinking. All such wells shall be entirely closed in and be provided with a trap doorwhich shall be dust and waterproof.

iv) A reliable pump shall be fitted to each covered well, the trap door shall be kept locked

and opened only for cleaning or inspection which shall be done at least once amonth.

5. WASHING FACILITIES 

i) In every work place adequate and suitable facilities for washing shall be provided andmaintained for the use of contract labour employed therein.

ii) Separate and adequate cleaning facilities shall be provided for the use of male andfemale workers.

iii) Such facilities shall be conveniently accessible and shall be kept in clean andhygienic condition.

6. LATRINES AND URINALS 

i) Latrines shall be provided in every work place one latrine for every 25 female andmale labours.

ii) Every latrine shall be under cover and so partitioned off as to secure privacy, andshall have a proper door and fastenings.

iii) Construction of latrines : The inside walls shall be constructed of masonry or somesuitable heat-resisting nonabsorbent materials and shall be cement washed insideand outside at least once a year, Latrines shall not be of a standard lower thanborehole system.

iv) The notice shall also bear the figure of a man or of a woman, as the case may be.

v) There shall be at least one urinal for male workers up to 50 and one for femaleworkers up to fifty employed at a time, provided that where the number of male orfemale workmen, as the case may be exceeds 500, it shall be sufficient if there is oneurinal for every 50 males or females up to the first 500 and one for every 100 or partthereafter.

vi) a) The latrines and urinal shall be adequately lighted and shall be maintained in aclean and sanitary condition at all times.

b) Latrines and urinals other than those connected with a flush sewage systemshall comply with the requirements of the Public Health Authorities.

vii) Water shall be provided by means of tap or otherwise so as to be convenientlyaccessible in or near the latrines and urinals.

viii) Disposal of excreta :- Unless otherwise arranged for by the local sanitary authorityarrangements for proper disposal of excreta by incineration at the work places shallbe made by means of a suitable incinerator. Alternately excreta may be disposed ofby putting a layer of night soil at the bottom of a pucca tank prepared for the purposeand covering it with a 15 cm. layer of waste or refuse and then covering it with a layerof earth for a fortnight (when it will turn to manure.)

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ix) The Agency shall at his own expense, carry out all instructions issued to him by theEngineer-in-Charge to effect proper disposal of night soil and other conservancy workin respect of the Agency's workmen or employees on the site. The Agency shall beresponsible for payment of any charges which may be levied by Municipal orCantonment Authority for execution of such on his behalf.

7. PROVISION OF SHELTER DURING REST 

 At every place there shall be provided, free of cost, four suitable sheds, two for meals andthe other two for rest separately for the use of men and women labour. The height of eachshelter shall not be less than 3 meters (10 ft.) from the floor level to the basis of 0.6 sq. m.roof. These shall be kept clean and the space provided shall be on the basis of (6 sq. ft.)per head.

8. CRECHES 

i) At every work place, at which 20 or more women worker are ordinarily employed,there shall be provided two rooms of reasonable dimensions for the use of theirchildren under at the age of six years. One room shall be used as a play room for thechildren and the other as their bedroom. The rooms shall be constructed withspecifications as per clause 19H (ii) a, b & c.

ii) The rooms shall be provided with suitable and sufficient openings for light and

ventilation. There shall be adequate provision of sweepers to keep the places clean.

iii) The Agency shall supply adequate number of toys and games in the play room andsufficient number of cots and beddings in the bed room.

iv) The Agency shall provide one ayaa to look after the children in the crèche when thenumber of women workers does not exceed 50 and two when the number of womenworkers exceed 50.

v) The use of the rooms earmarked as crèches shall be restricted to children, theirattendants and mothers of the children.

9. CANTEENS 

10. ANTI-MALARIAL PRECAUTIONS 

The Agency shall at his own expense, conform to all anti-malarial instructions given to himby the Engineer-in-Charge including the filling up of any borrow pits which may have beendug by him.

11.  The above rules shall be incorporated in the contracts and in notice inviting item RateOffers and shall from an integral part of the contracts.

12. AMENDMENTS 

Government may, from time to time, add to or amend these rules and issue directions - itmay consider necessary for the purpose of removing any difficulty which may arise in theadministration thereof.

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PROFORMA OF SCHEDULES

(Operative Schedules to be supplied separately to each intending item Rate Offer)

SCHEDULE 'F' 

Name of work: -

The Bihar Rajya Pul Nirman Nigam Limited (BRPNNL), Patna hereinafterreferred to as the Employer, invites Bids on Two Bid System (Technical &

Financial) for construction of 13.00km (approx) long extended portion of approach

road of Baluaha Ghat Koshi Bridge including construction of 500m (10x50m) long 3-

lane HL RCC/PSC Bridge across river Kamla with footpath on both side and its

1846m long Guide Bund, one 100m (2x50m) long HL RCC/PSC Major and other

Minor Bridges and Culvert and protection work between Gandaul and Biraul up to

Hanti Kothi in Saharsa/Darbhanga district of Bihar

Estimated cost of work: - Rs. 254.43 Crores 

Time of completion: - 30 Months 

i) Earnest money: - Rs-2.65 Crore

ii) Performance Guarantee: 5% of the contract amount including earnest money. In case ofthe contract price being lesser than the Bid Cost, an extraperformance security will be applicable as per the normsmentioned in letter no. - 3376 dated 17.08.2010 0f Engineer-in-Chief, Road Construction Department, Govt. of Bihar.

iii) Security Deposit : 5% from the gross amount of each running on A/C bill till fullamount of security deposite i.e. 10% of the Contract Amount.

iv) Defect Liability period: Two Years after time of completion

.

v) Rate of Interest to be charged against mobilisation advances : 10% (Ten) Per Annum

vi) Price Level to be updated upto Financial Year: 2011 – 2012

Definitions:

Engineer-in-Charge Sr. Design Engineer, Incharge SeniorProject Engineer, Baluaha Ghat ,SaharsaBihar Rajya Pul Nirman Nigam Ltd.

Standard Schedule of Rates (R.C.D.) Schedule Of Rate Effective on the date ofsubmission of tender (w.e.f. 12.02.2013)

Employer Bihar Rajya Pul Nirman Nigam Ltd. Patna.

Specifications i. Specifications For Road and Bridge

Works (Fourth Revision) MoRT&H.

ii. As per approved drawing.

 Agreement Value Value of Bill of Quantity Approved byCompetent authority for the said work

Clause 1

i) Time allowed for submission of performance Guaranteefrom the date of issue of letter of acceptance, in days

10 days

ii) Maximum allowable extension beyond the period 7 days

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provided in i) above in days

Clause 2

 Authority for fixing compensation

as indicated in clause 2 of clause of contract

.

Clause 2A

Whether Clause 2A shall be applicable Yes

Clause 5

Number of days from the date of issue ofnotice to start. For reckoning date of start. 07 days

Mile stone(s) as per table given below:

Table of Mile Stone(s)

Sl.

No.Financial Progress

Time allowed

(from date of start)

 Amount to be with held in case

of non achievement of milestone

1. 1/8TH

(of whole work) 1/4TH

(of whole work)

2. 3/8TH

 (of whole work) 1/2TH

 (of whole work)

3. 3/4TH

 (of whole work) 3/4TH

 (of whole work)

4. Full Full

.

Note : In event of non achieving the necessary progress as assessed from the runningpayment, 0.5% (Half Percent) of the item rate offered value of work will be with held forfailure of each mile stone.

In case the next milestone is achieved, the amount withheld for previous milestone can

be released. However if levy of compensation is imposed the amount so with held shallbe adjustable against compensation to the extent is available as above.

 Authority to give fair and reasonableextension of time for completion of work.

M.D., Bihar Rajya Pul NirmanNigam Ltd. Patna.

Clause 7 

Gross work to be done together with net payment/adjustment of advances for material collected, ifany, since the last such payment for being eligibleto interim payment

100 Lakhs

CLAUSE 10A 

Cement must be from ISO certified company of the OPC grade 43 / 53 (Confirming to IS8112 & 12269) and TMT steel should be of TISCO / SAIL / Rashtriya Ispat Nigam. 

Reference to General Condition of Contract.

Clause 10B 

Mobilization Advance and Plant & Machinery &Shuttering Material Advance

 Allowed for works costingmore than 25 Crore

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Clause 10CC

Clause 10 CC to be applicable in contractswith stipulated period of completionexceeding the periods shown in next column

More than 18 Months

Component of Cement –Expressed as percent of total value of work Pc ____15%_______

Component of Steel –

Expressed as percent of total value of work Ps _____20%_______

Component of other construction materials(except cement & steel)-

Expressed as percent of total value of workPm _____20%______

Component of Bitumen –

Expressed as percent of total value of work Pb _____5%_______

Component of Labour –

Expressed as percent of total value of work PL ______17%______

Component of P.O.L. –

Expressed as percent of total value of work Pf _____5%_______

Component of Plant & Machinery spare–

Pp ______18%______

100%

Clause 11 Specifications to be followed for execution of work Specifications For Road

and Bridge Works (FourthRevision)M.O.S.R.T.& H.

Clause 12

Deviation, variation Extentand pricing.

 As per Bihar P.W.D. Codeclause 182A, 292XII,293XVII & 294XVI

Clause 16

Competent Authority fordeciding reduced rates.

Dy. Chief Engineer B.R.P.N.N.Ltd.

•  Accepting authority Dy. Chief Engineer

•  The law, which applies to thecontract, is The Law of Union of India. 

•  The court of jurisdiction HIGH COURT PATNA 

•  The Language of contract document English 

•  The limit of sub-contracting Nil 

  The Currency of the Contract is Indian Rupees

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SECTION – III

(Technical Specifications)

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Technical specification and Performance specifications

TECHNICAL SPECIFICATIONS

1.1.1 General 

The Technical specifications covering the materials and the workmanship aspects as

well as method of measurements and payments are included in this section. These

specifications cover the items of civil and non-civil works coming under scope of this

document. All work shall be carried out in conformity with the same. These

specifications are not intended to cover the minute details. The works shall be executed in

accordance with good practices followed for achieving high standards of

workmanship, thus ensuring safety and durability of the construction. All codes andstandards referred to in these specifications shall be the latest thereof, unless otherwise

stated.

1.1.2 Inclusive Documents 

The provisions of special conditions of contract, those specified elsewhere in the tender

document, as well as execution drawings and notes, or other specifications issued in

writing by the Engineer shall form part of the technical specifications of this project.

1.1.3 The attention of the contractor is drawn to those clauses of codes, which require

supporting specification either by the Engineer or by 'Mutual' agreement between the

'supplier and purchaser 1. In such cases, it is the responsibility of the tenderer/ contractor to

seek clarification on any uncertainty and obtain prior approval of the Engineer before

taking up the supply/construction. In absence of such prior clarification, the Engineer's

choice/design will be final and binding on the contractor without involving separately any

additional payment.

1.1.4 

Seismic Zone

The works are located in seismic zone - IV as defined in IRC-6.

2. GENERAL REQUIREMENTS

The Technical Specifications, in accordance with which the entire work described

hereinafter shall be constructed and completed by the Contractor, shall comprise of the

following:

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2.1 PART -1 - Genera! Technical Specifications 

The General Technical Specifications shall be the "SPECIFICATIONS FOR ROAD AND

BRIDGE WORKS (FOURTH REVISION), August 2001, " along with other AddendumCorrigendum issued up to 28 days before the final date of submission of the bid, issued

by the Ministry of Road Transport and Highways, Government of India and published by

the Indian Roads Congress (IRC), with a cross reference to relevant Bureau of Indian

Standards (BIS) for materials or other aspects not covered by the IRC.

2.2 PART - II - Supplementary Technical Specifications 

The Supplementary Technical Specifications provided in this document, shall comprise of

various Amendments/Modifications/Additions to the "SPECIFICATIONS FOR ROAD ANDBRIDGE WORKS (FOURTH REVISION), August 2001, " referred to in PART - I above

and also Additional Specifications for particular item of works not already covered in

PART-I.

2.2.1 A particular clause or a part thereof in "SPECIFICATIONS FOR ROAD AND BRIDGE

WORKS (FOURTH REVISION), August 2001, " referred in PART - I above, where

 Amended/Modified/ Added upon, and incorporated in PART-II, referred to above, such

 Amendment/ Modification/Addition supersedes the relevant Clause or part of the Clause.

2.2.2 When an Amended/Modified/Added Clause supersedes a Clause or part thereof in the

said Specifications, then any reference to the superseded Clause shall be deemed to

refer to the Amended/Modified/Added Clause or part thereof.

2.2.3 In so far as Amended/Modified/Added Clause may come in conflict or be in consistent

with any of the provisions of the said Specifications under reference, the

 Amended/Modified/Added Clause shall always prevail.

2.2.4 The Additional Specifications shall comprise specifications for particular item of works

not already covered in PART - I.

2.2.5 In the absence of any definite provisions on any particular issue in the aforesaid

specifications, reference may be made to the latest codes and specifications of IRC, BIS,

BS, ASTM, AASHTO and CAN/CSA in that order. Where even these are silent, the

construction and completion of the works shall conform to sound engineering practice as

approved by the Engineer.

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SUPPLEMENTARY TECHNICAL SPECIFICATION (AMENDMENTS/ MODIFICATIONS /

ADDITIONS TO EXISTING) 

CLAUSES OF GENERAL TECHNICAL SPECIFICATIONS)

SECTION 100 GENERAL 

Clause 102 DEFINITIONS 

The following abbreviations shall be added in this Clause. "MoRT&H" - Ministry of Road

Transport and Highways

"BRPNN" - Bihar Rajya Pul Nirman Nigam

“BIS” - Bureau of Indian Standards

“WBM” - Water Bound Macadam

“WMM” - Wet Mix Macadam

“QA” - Quality Assurance

“CECRI” - Central Electro Chemical Research Institute

Clause 105 SCOPE OF WORK

The work consist of Construction of  13.2km (approx) long extended portion of approach road

of HL RCC/PSC Baluaha Ghat Koshi Bridge including construction of 500m (10x50m) long 3-

lane HL RCC/PSC Bridge (with footpath on both side) across river Kamla and its Guide Bund,

and 100m (2x50m) long HL major RCC/PSC Bridge with their approach road and

 protection work between Gandaul and Hanti Kothi (Biraul) in Saharsa district of Bihar, 

however change in the work scope may be directed by the Engineer in Charge and it will be

binding on the contractor payment for any deviation / substitution will be made as per the

relevant clauses of the contract.

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

The Contractor shall establish, adhere to, monitor and maintain an adequate quality

assurance programme.

The QA-programme shall cover the quality assurance aspects of all services rendered,

all items to be supplied and all construction activities to be performed under the Contract,

also including temporary structures and equipment which will influence the quality of the

completed works or the progress of the Contract.

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The QA-Programme shall as a minimum cover subjects listed below; Organization andManagement Responsibility Document and data control

•  Construction programme

•  Method statements

•  Process Control

•  Working, inspection, testing and documentation procedures

•  Safety and emergency procedures

o  Control and documentation of purchasing and handling of materials

•  Non-conformity and corrective action

  Internal quality audits

•  Servicing

The general procedures of the QA-programme shall be submitted to the Engineer for

approval not later than twenty-eight days after the date of receipt of letter of acceptance.

The special part of the QA-programme shall be submitted successively to the effect that

it shall have been approved prior to the commencement of the activities to which the

programme shall apply.

Clause 109 SETTING OUT

Sub-Clause 109.9 Delete 2nd and 3rd sentences and add the following:

"Setting out of the road alignment and measurement of angles shall

be done by using High Precision Survey Instruments as per direction

of Engineer"

Sub-Clause 111.16 Air Quality

The Contractor shall device and implements methods of working tominimize dust, gaseous and other air-boom emissions and carry out the

works in such a manner as to minimize adverse impacts on the air

quality.

Sub-Clause 111.17 Noise Control

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The Contractor shall consider noise as an environmental constraint in

the planning and execution of the work.

 Any member of the work force likely to be exposed to beyond theirthreshold noise levels shall be provided with protective equipment, such

as earplugs, and shall be rotated every four hours.

Construction operations shall be limited to daytime hours only,

particularly in the settlement areas.

Sub-Clause 111.18 Vibration Control

The Contractor shall take measures during construction activities to

control the movement of the work force and construction machinery/

equipment, and to avoid / minimize activities, which produce vibrations.

Sub-Clause 111.20 Control and Disposal of wastes

The Contractor shall control the disposal of all forms of associated

activities. No uncontrolled deposition or dumping shall be permitted.

Wastes to be so controlled shall be include, but shall not be limited to,

all forms of fuels and engine oils, all types of bitumen, cement, surplus

aggregates, gravels, bituminous mixtures etc. The Contractor shall

made specific provision for the proper disposal of these and any other

waste products, conforming to local regulations and acceptable to the

Engineer.

Spilling of oil and bituminous products during construction and transport

shall be avoided to reduce the changes of contamination of surface as

well as ground water.

Disposal of solid waste materials shall be outlined in a plan for which

environment clearances shall be obtained from state environmental

regulatory authorities. Potential locations for solid waste disposal are

the natural depressions and borrow areas. The areas used for dumping

of uncontaminated debris shall be covered with 300 mm soil and shall

be planted. Contaminated debris shall be dumped in depressions

whose bed must be impervious e.g. stone quarry sites or depressions

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made impervious with 450mm thick impervious floor apron as per

MORT&H Technical Specifications. Each successive 1.0m layer shall

be covered with 500 mm thick soil layer and the area will be covered

with 300 mm thick layer and planted.

Sub-Clause 112.2  Passage of Traffic along a part of the Existing Carriageway under

improvement. 

1st para shall be read as under :

For widening and strengthening of the existing part width of the

carriageway is proposed to be used for passage of traffic, carriageway

or paved shoulder shall be ensured for traffic movement with thefollowing requirement :

i) At least one 3.5 m lane to remain open to traffic at all time;

ii) The surface used for the through traffic shall at all time free of

potholes and other defects;

Clause 112.4 : Traffic Safety and Control

 Add the following para in the end of Clause 112 4.

The Contractor shall be fully responsible for the adequate safety of all site operations and

methods of construction.

The Contractor shall submit to the Engineer detailed proposal covering safety measures

proposed to be adopted at site

Persistent breaches of the safety provisions by the Contractor and his employees shall

constitute a sufficient cause for action.

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The contractor shall also observe the following additional safety provisions:

  All workmen shall use safety helmets at work site, which should be

provided by the contractor.

  All workmen shall wear reflective jackets, while working at site and in the

traffic movement zone, which should be provided by the Contractor.

  Adequate precautions shall be taken to prevent danger from electric

cables, while digging operation is underway.

  Workers employed on bituminous works, stone crushers, concrete

batching plants, etc. shall be provided with protective goggles and

suitable footwear.

  Those engaged in welding work shall be provided with welder

protective shields.

  All scaffolds, ladders and safety devices shall be maintained in safe and

sound conditions.

  All display boards shall be of retro-reflective material and of sizes as

per IRC Specifications or as mentioned in the drawings or as approved

by the Engineer.

  In addition, if any directions are given by the 'Engineer' to augment the

safety measures, the contractor has to abide by his directions.

CLAUSE 115 METHODOLOGY AND SEQUENCE OF WORK

The Clause shall read as follows:

Sub-clause 115.1 General

The Contractor shall submit method statements. The methods statements shall be submitted

in two parts.

The General part of the methods statement shall describe the Contractor’s proposal

regarding preliminary works, common facilities, and items that require consideration at the

early stage of the contract. The General part shall be issued along with the first issue of the

construction programme and shall include information on:

a) Sources of materials like coarse aggregate and final aggregate, quantity

and quality of materials available in different sources;

b) Sources of manufactured materials like cement, steel, reinforcement,

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prestressing strands and bearings shall be use only BRPNNL approval list /

make. Wherever possible the Contractor shall identify at least two sources for

each of the items; he shall also submit samples/test certificates of recently

manufactured materials for the consideration of the Engineer.

c) Location of site facilities like batching plant, crushing plant etc.

d) Details of facilities/approaches for transportat ion of men, equipment and

materials like.

e) Concrete for construction of pavements, foundations and substructure in

town, and plan for free traffic flow and safe drainage.

f) Information on procedures to be adopted by the Contractor for prevention

and mitigation of negative environmental impact due to construction activities.

g) Any other information required by the Engineer subsequent to the

scrutiny of methods statements.

The general part of the Q.A. Programme shall accompany the methods

statement. Special parts of the methods statement shall be submitted to the

Engineer by the Contractor for each important item of work like construction

of embankments and subgrade, pavements, pile foundations, concreting,

prestressing, repairs and rehabilitations of existing structures, concrete

superstructure, dismantling of structures and pavement and for any other item

as directed by the Engineer. These statements shall be submitted at least 4

weeks in advance of the commencement of the activity or item of work,

unless otherwise stipulated in the contract. The statement shall give

information on:

i) Details of personnel both for execution and quality control of the work.

ii) Equipment deployment with details of number of units, capacity, standby

arrangements.

iii) Sequence of construction, details of temporary or enabling works like,

diversions, formwork including specialized formwork for superstructure,

details of borrow areas, method of construction of embankment and

subgrade, pavements, piles, concreting procedures, details of proprietary

processes and products (e.g. details of prestressing systems, bearings,

expansion joints etc.) and details of equipment to be deployed. Wherever

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necessary, technical literature, design calculations and drawings shall be

included in the methods statement.

iv) Testing and acceptance procedures including documentation.

v) Special part of the Q.A. Programme referred in clause 105.3 for the

particular item of work shall be submitted along with the methods statement

for the concerned activity.

vi) Engineer shall examine and approve the methods statement or direct the

Contractor to resubmit the statement with required modifications. The

modified statement shall be submitted within 14 days of receipt of Engineer's

comments.

The sole responsibility for the safety and adequacy of the methods adopted

by the Contractor shall rest on the Contractor irrespective of any approval given

by the Engineer.

Sub-Clause 115.2  Approval of proprietary product/process/System only proprietary

products proven by International usage in comparable projects shall be permitted to be

used. Fully authenticated details of licensing and collaboration arrangement shall be

submitted by the manufacturer, where relevant.

Within 90 days of award of work the Contractor shall submit the following information for all

proprietary products for approval by the Engineer.

i) Name of manufacturer and name of product/ process/ system Complete details of

the manufacturer of the product/ process/system shall be furnished. Details of projects

where similar product/process/ system has been successfully used shall be furnished.

 Authenticated copies of license/ collaboration agreement shall be furnished.

ii) General features of the product/product process/ system Detailed write up withmethods statements shall be furnished for each product/ process/ System. This shall

include complete working drawings & installation drawings, technical specifications

covering fabrication, materials, system of corrosion protection etc.,

iii) Details of product development and development testing.

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iv) Acceptance test and criteria Manufacturer shall submit a quality assurance

system document. Details of acceptance test and criteria of acceptance shall be

furnished in this document.

v) Installation procedure.

vi) Maintenance procedures and schedules.

vii) Warranty proposals.

The Engineer may instruct any additional tests for the purpose of accepting the product.

The facility for such additional tests shall be made available by the manufacturer. The

charges of these additional tests shall be borne by the contractor.

Clause 121 FIELD LABORATORY

Sub-clause 121.1  Add the following at the end of the clause

This facility will be provided and maintained by the Contractor, as incidental to work

and no separate payment shall be made for this item.

E. FOR CONTROL OF PROFILE AND SURFACE EVENNESS 

i) Precision automatic level with micrometer attachment

ii) Distomat or equivalent

iii) Total Station - Electronically operated with computerized output attachment

iv) 3 meter straight edge and measuring wedge

v) Camber template

vi) Steel tapes

 All equipment shall conform to accepted international standards and shall be subject to

the approval of the Engineer.

The Contractor shall be responsible for the provision of adequately experienced and

qualified laboratory staff, in sufficient numbers to be able to meet all testing requirements to

the approval of the Engineer, and for the supply of all transportation of staff, testing

equipment and samples necessary to allow the testing to be performed in a time scale

compatible with the needs of the Site.

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Contractor shall arrange to maintain the laboratory in satisfactory manner and will carry

stocks of spare equipment and laboratory consumables until the issue of Taking over

Certificate.

Clause 126: SUPPLY OF VIDEO CASSETTES

The heading of this clause shall be read as under “Supply of VIDEO CASSETS AND

DIGITISED CD ROMS/”

Sub-Clause 126.1  Add the words "and CD ROMs" after "video cassettes" in the last

sentence of the sub clause.

Following shall be added at the end of this sub clause

"In order to avoid sequencing of the construction work to be covered it may be necessary

that the video film shall be taken at intervals for each activity from the commencement to

the end of road or Flyover structure. This sequence can be edited suitably at a later stage

to reconstruct the activities for the purpose of training engineers as well as information and

record for the posterity.

Sub-Clause  Preparation of Foundation 

304.3.4

In Paras 2 and 3 of clause 304.3.4, substitute 'concrete M10' in place of '1:3:6 nominal

mix'.

Clause 305 EMBANKMENT CONSTRUCTION

Sub-Clause  The first sentence of this Clause shall be read as under.

The materials used in embankments, subgrades, earthen shoulders and

miscellaneous backfills shall be soil, moorum, gravel, sand,

excavated/dismantled material from roadway excavation, a mixture of these

or any other material approved bv the Engineer.

Sub-Clause Delete Second sentence

305.2.1.4. 

Sub-Clause  Add new sub clause

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  "Materials used as subgrade in embankment shall have a 4 day soaked

CBR value of a minimum of 6% (Six percent).

Table- Compaction requirements for embankment and subgrade

SI. No.  Type of Work/Material  Relative compaction as %age of

maximum laboratory dry density as

per IS:2720 (Part 8) 

1.  Subgrade and earthen shoulders Not less than 97

2.  Embankment

a) Up to 6m heightb) High embankment (exceeding

6m height)

Not less than 95

Not less than 97

3.  Expansive clays Such material is not allowed

Clause 809 CONCRETE CRASH BARRIER

Sub-Clause The Clause will be read as below: 

809.2.2 "The concrete barriers shall be constructed with grade & concrete as

indicated in the drawing and with high yield strength deformed

reinforcement conforming to IRC-21".

SECTION 1000 MATERIAL FOR STRUCTURES

Clause 1002 This clause shall read as follows:

The Contractor shall identify the sources of materials like coarse aggregate

and sand and notify the Engineer regarding the proposed sources prior to

delivery.

Samples of material from the source shall be tested, in the presence of

Engineer's representative, for conformity to specifications. It shall also be

ensured that the variation in test results of different samples is within

acceptable limits. If the product from the approved source proves

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unacceptable at any time, the Contractor shall provide new sources of

acceptable material from other sources at his own expense conforming to

specifications.

For manufactured items like cement, Steel Reinforcement, prestressing

strands, the Contractor shall intimate the Engineer details of the source

(plant where the material is manufactured), testing facilities available with

the manufacturer and arrangements for transport and storage of material at

site. If directed by the Engineer, the Contractor shall furnish samples and

test results of recently manufactured material. The Engineer, at his

discretion, may require the Contractor to test the materials in an

independent laboratory approved by the Engineer, and furnish testcertificates. The cost of these tests shall be borne by the Contractor. The

sampling and test procedures shall be as laid down in Indian Standards or

where these are not available as per the directions of the Engineer. Only

material from the sources approved by the Engineer shall be brought to

the site. If the material from the approved sources proves unacceptable at

any time, the Contractor shall provide new sources of acceptable material

conforming to specifications from other sources at his own expense.

For proprietary items like bearings, expansion joints refer clause 115.2

Clause 1006 CEMENT

This clause shall read as follows:

Cement to be used in bridge structures shall confirming to the following standard.

IS: 12269/8112 - Specification for 53/43 Grade Ordinary Portland Cement.

For other works Ordinary Portland Cement 43 grade, conforming to IS: 8112 can be usedwith the prior approval of the Engineer.

Minimum cement content mentioned elsewhere from durability considerations shall

not be reduced. From strength considerations, these cements shall be used with a certain

caution as high early strengths of cements in the 1 to 28 day range can be achieved by

finer grinding and higher constituent ratio for C3S/C2S, where C3S is Tri-calcium Silicate and

C2S is Di-calcium Silicate. In such cements, the further growth of strength beyond say 4

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weeks may be much lower than that traditionally expected. Therefore, further strength tests

shall be carried out for 56 and 90 days to fine tune the mix design from strength

considerations directed by the Engineer.

Total chloride content in cement shall not exceed 0.05 percent by mass of cement. Total

sulphur content calculated as sulphuric anhydride (SO3) snail in no case exceed 2.5 percent

and 3 percent when Tri-calcium aluminates percent by mass is up to 5 or greater than 5

respectively.

Manufactures test certificate shall be submitted to the Engineer by the Contractor for every

consignment of cement. The certificate should cover all the tests for chemical requirements,

physical requirements and chloride content as per the provisions of IS: 12269.

Independent tests of samples drawn from the consignment shall be carried out at the site

laboratory or in an independent laboratory approved by the Engineer, immediately after

delivery. The following properties shall be tested.

i) Setting Time

ii) Compressive Strength

The cost of the tests shall be borne by the Contractor. In case the cement is stored beyond

90 days from the date of delivery at site, the following tests shall be carried out at the site

laboratory before the cement is used.

i) Setting Time

ii) Compressive strength.

Lot size for independent testing of cement at site shall be the quantity received at site on

any day subject to a maximum of 500 tones.

Clause 1007 COARSE AGGREGATES

Delete from the first sentence "crushed gravel…inert material" appearing in 4tfl and 5th 

line of para 1.

 Add the following at the end of para 2.

"Costs of all tests shall be borne by contractor".

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 Add the following at the end of the Clause:

a) "Primary and secondary stone crusher should be employed for getting proper size and

grading of coarse aggregates."b) The alkali aggregate reactivity should be measured and reported for getting

approval for the source aggregates at the beginning of the work using methods

given in IS: 2386. The tests may be repeated if the source changes, or if the type

of rock being exploited for winning aggregates changes.

Clause 1008: SAND/FINE AGGREGATES

Delete from the 3rd line the word 'crushed gravel' and from the 4m line gravel' in para 2.

 Add the following at the end of the Clause:

The alkali aggregate reactivity should be measured and reported for getting approval for the

source.

Clause 1009 STEEL

Sub-Clause 1009.2 Steel for Prestressing

 Add (e) to the list of codes to which acceptable prestressing steel shall confirm:

(e) Stress relieved low relaxation seven ply strand for prestressed cement

concrete-IS: 14268

Sub-Clause 1009.3: Reinforcement / Untensioned steel

Delete last para of the clause and add the following at the end of the clause. In place of

existing system of CECRI (explained further in Appendix 1000-1) substitute the following:

Corrosive treatment by using Cement Polymer Composite Coating System (C.P.C.C)

developed by CECRI, Karaikud, if specified, shall be carried out following their method and

by the expert Licensee of CECRI. The brief specifications are given below:

1. The surface of the steel reinforcing bars to be cleaned by sand and or grit blasting

to the near white metal and completely free from rust. The prepared surface shall

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meet the visual standards of comparisons as in SSPC-VIS-1 or SSPC-VIS-2. The

reinforcement steel first cut to required size and then sand blasting is to be done.

2 The reinforcing steel is to be cut in required size and then cleaned by suitablesolvent to remove the rust.

3. fter getting rust-free surface, immediately Primer Coat is to be applied on the

surface of reinforcement by patented Primer Solution (Patent No.481/Del/93) by

brush or by dipping or by spray. No surface area should be left uncoated.

4 After application of Primer Coat, the reinforcement steel is to be kept for air-drying for

30 m.

5 After air-drying for 30 m. the Sealing Coat is to be applied by patented Cement

Polymer Sealing Solution (Patent No. 259/De!/92) by brush or by dipping or by

spraying. No surface area should be left uncoated.

6. The Coated reinforcing steel are to be kept of air drying for 6 hours and

then can De handled.

7 If the rebars are cut after application of coatings, then on the cut-ends patching can

be done by patented Primer Solution and patented Sealing Solution by brush. If due

to mishandling, the coating is damaged, then patching can be done by patented

Sealing Solution. The Patented Primer Solution and Patented Sealing Solution

must be manufactured by the Licensee of CECRI only.

8 The application of all the chemicals (i.e. execution of complete C.P.C.C. system) is to

be done by the Licensee of CECRI only.

9 The patented Primer Solution & Sealing Solution and Coated bars should meet

the specifications laid down by CECRI.

Clause 1012 CONCRETE ADMIXTURES

Sub-Clause 1012.1  Add the following at the end of paragraph 2 of Clause 1012.1 :

 Admixtures shall not impair the durability of concrete; they shall not combine with

the ingredients to form harmful compounds or endanger the protection of

reinforcement against corrosion. Only chloride free admixtures shall be used.

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Paragraph 3 of 1012.1 shall read as follows:

For all admixtures being used the packing shall be marked with the name of

the supplier/manufacturer, brand name (name of product) and main effect. Acertificate for the admixture in question shall be submitted. The certificate shall

include the following information:

 A. General 

a) Chemical name of the active component in the admixture.

b) Values of dry material content, ash content and relative density of admixture, which

can be used for uniformity tests.

c) Chloride ion content expressed as a percentage of weight of cement.

d) pH value and colour.

e) Normal side effects e.g. whether the admixture leads to air entrapment at

recommended dosage and if so to what extent.

f) Side effects when overdosed.

g) If two or more admixtures have to be used in one mix, their compatibility

h) Increase in risk of corrosion to reinforcements and embodiments due to the use

of admixture.

i) Latest date of test and name of test laboratory.

B. Storing 

a) Shelf life

b) Max. & min. allowable temperature

c) Other instructions (e.g. requirements of stirring)

C. Dosage

Maximum and minimum to be specified as a percentage of weight of cement. Add the following

at the end of the clause.

 After selecting a few acceptable brands & types of admixture based on the manufacturer's

data / technical literature, independent acceptance tests should be carried out for the same

using the approved combinations of cement / sand / aggregates intended for use in the

Project. After establishing the basic acceptability using strength criteria (compression & tensile

strengths) a number of trials mix be designed using different proportions of admixtures/

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cement/water etc. to establish the data bank on the behavior of the admixture for the project

site conditions. A spectroscopic signature of accepted product should be obtained and

preserved for comparison for acceptance of the production lots.

Retrials should be conducted with change in source/type of cement.

Workmanship

The dosage should be finalized on the basis of field trial and special mechanical devices

should be used for dispensing the admixture in the batching/mixing plant. No addition of

admixture after dosage is permitted (including addition in transit mixers).

Manufacturer's experts should be available for consultation/trouble-shooting of problems

associated with their product. The conditions of storage, shelf life etc., as specified by the

manufacturer should be strictly observed. The manufacturer's Quality Assurance Plan during

process of production should be obtained and filed for reference/record.

Clause 1014 STORAGE OF MATERIALS

Sub-Clause 1014.3 Aggregates

The following shall be added to this Clause:

"Aggregates shall be stored or stockpiled in their respective size in such a manner that the

various sizes will not become intermixed before proportioning. They shall be stored,

stockpiled and handled in such a manner that will prevent contamination by foreign

materials."

Clause 1015  TEST AND STANDARDS OF ACCEPTANCE

 Add following as paragraph 3:

Independent testing of prestressing steel shall be carried out by the contractor for each

consignment from each source at site in the laboratory approved by the Engineer before

use. The tests shall be carried out for the properties as listed in clause 7.2.1 of BS-5896.

These tests are in addition to the tests carried out by the manufacturer.

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SECTION 1100 PILE FOUNDATIONS

Clause 1101 Description

Sub-Clause 1101.2  Add the following at the end of clause 1101.2

The Contractor shall submit information regarding proprietary system of piling as per Clause 115.1

The Contractor in his methods statement shall include the procedure for carrying out initial and

routine tests of piles including design calculations and drawings. The format for reporting test

results shall be included in the methods statement.

Clause 1103 Type of Piles

This clause shall read as follows:

Bored case-in-situ piles as shown in approved drawings or as directed by the Engineer shall be

provided.

Clause 1104 Materials

Sub-Clause 1104.2: The first sentences of this clause are amended as follows:

Concrete to be used in Cast-in-situ piles shall be of grade as indicated in approved drawings.

Sub-Clause 1104.4 DELETED 

The scope of work shall comprise of the following:

a. Providing all materials including concrete, steel, temporary and permanent casing as

required, labour and equipment.

b. Initial and routine testing of piles as per Codal Provisions.

c. Integrity testing of piles as per Codal provisions.

d. Provision of access to movement of equipment, barricading where necessary, pollution

control measures including measures to control noise to minimum acceptable levels and

site clearance.

SECTION 1200 WELL FOUNDATIONS 

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Clause 1204 Cutting Edge

Sub-Clause 1204.3

Para (1) of this clause shall read as under :

The cutting edge shall be laid 300mm above the prevalent water level or at top of well cap as

specified in the drawings, in case the riverbed is dry.

Clause 1205 Well Curb

Sub-Clause 1204.1

Following Paras shall be added after Para 1:

The well curb shall be placed truly in position and level.

When the curb is to be laid in dry bed, the site shall be leveled by open excavation before the

cutting edge is placed.

For well, which is to be placed in water, on earthen/sand island where possible shall be

constructed and curb placed or cast on this island. In case of any deep or fast flowing water

where an island may not be possible, as a special measure, the precast curb/steel caisson may

be floated and lowered in its final position with the help of necessary equipment.

Clause 1214 Measurement

 Add the following at the end of Para (a)

Earthwork in excavation above bottom of cutting edge shall be measured in cubic meters.

Clause 1715 Tolerances

 Add the following at the end of Clause

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"In the absence of any information in drawings or specifications, tor particular cases, the following

limitations shall apply.

Dimension (mm) ‘a’ Tolerances (mm)

‘∏a=(a nominal- a actual)’ 

a≤200

200 < a ≤  2000

2000 < a

I∏a I<5 

I∏a I<3.5 + 0.0075a

I∏a I<16.5 + 0.001a

Deviations from Position etc.

a) Deviation from specified position in plan + 10 mm

b) Variation in levels at top + 10 mm

c) Variation of reduced levels of bearing areas + 5 mmd) Variation in plumb over full height of piers + 10 mm

e) Surface irregularities measured with 3 m straight edge

i) All surfaces except bearing areas + 5 mm

ii) Bearing areas ±3 mm

f) Variation in length of superstructure -

overall length between bearings + 10 mm

or +0.1% of the

span length,

whichever is lesser

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SECTION 1800 PRESTRESSING

Clause 1801 General

 Add the following as the last paragraph of this clause:

Prestressing system shall confirm of FIP recommendation

“ Recommendations of acceptance of post – tensioning system June 1993”

Clause 1802 Materials

Clause1802.2 Replace existing clause with the following clause :

“The internal area of the sheathing duct shall be in accordance with the

recommendations of the system manufacturer and shall be about two to three

times the area of the tendons. In case of 6T13, 12T13 and 19T13 sizes of

tendons compressing of 12/13mm diameter strands, the inner diameter of the

sheathing shall not be less than 50mm, 75mm and 90mm respectively or those

shown in the drawing whichever is greater. These dimensions are posts

threading of cables.

Where prestressing tendons are required to be threaded before concreting, the

diameter of sheathing can be about 5 mm smaller than that required above.”

Clasue 1802.2.3 Add new clause as below :

Pull in or push in of prestressing stands shall be mechanized. Strands shall not

be placed in the ducts before concreting. The ducts shall be sealed at the ends

by plastic caps to prevent water from entering.

Cables shall be threaded after concreting. In such cases, a temporary tendon

shall be inserted in the sheathing, or the sheathing shall be stiffened by other

suitable method during concrete. The sheathing supports shall be such as to

prevent flotation of empty cable duct during concreting.

Clause 1803 Testing of cable / Anchorage Assembly

 Add the following paragraph to the section:

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“All samples shall be of the lot and in the case of wire of stands shall be taken

from the same master roll. At least 5.0m length shall be selected from each lot

for testing. Also two anchorage assemblies, complete with distribution plates of

each size or type to be used, shall be tested. However anchorage assembly test

certificates, if available within a reasonable period also shall be acceptable.

Reasonable time period could be any time between 1 yr. to 1.5 yrs.

Testing of anchorage & cable assemblies shall be carried out in accordance

with procedures in FIP document “Recommendations for the acceptance of post

Tensioning System : - June 1993.”

Clause 1804.5 Insert the following paragraph after 1st Paragraph

“Mixtures of water soluble oil such as dromas-B and water is to be flushed

through empty mettlalic ducks before threading of cable at frequency of at least

once in a month. The layer of soil formed on sheathing / prestressing steel shall

be fully flushed out by using clean water before final grouting by cement grout.”

Clause 1806 Tensioning Equipment

 Add the following at the end of paragraph 2:

“Jack and pump shall be calibrated by an approved laboratory prior to use and

then at intervals not exceeding three months”

Clause 1807 Add the following at the end of this clause :

“The contractor shall submit fabrication drawing, details for prestressing cables,

anchorages, couplers, chairs and supports, templates or forms holding

anchorage assemblies, etc for the Engineer’s approval at least one month

before commencement of work in superstructure. Stressing schedules shall be

prepared by the contractor and submitted to the Engineer for the approval.”

Clause 1808 Add the following at the end of the clause 1808

“Where directed by the Engineer, the contractor shall perform full scale site test

to determine the accuracy of grout mix, equipment and grouting method. The

contractor shall submit a method statement detailing the test procedure.

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Special attention is directed to appendix 1800/11 of the standard specifications.

The contractor shall arrange for testing of all grout components and of the mix,

prior to the start of grouting and whenever the source of any component is

changed, to ensure that the grout is free of anything that could promote

shrinkage or cracking of the grout or corrosion in the tendons. Further, samples

of grout and its component shall be obtained for each day of grouting at each

site where grouting is carried out and a full chemical analysis will be performed

on the samples.”

Clause 1816 Joints in Construction with precast Unit

 Add new clause:

“Joints between a series of precast concrete units which are to be prestressed

together by post-tensioning shall be such as to ensure an even transfer of

compression form one unit to other.

Whatever the method of jointing the holes of the prestressing steel shall be

accurately made and shall meet one another in true alignment at ends. Jigs

shall always be used. Care shall be taken to ensure that the jointing material

does not enter the duct or press the sheath against the prestressing steel.

Jointing by application of mortar on the face of unit then placing another unit

against it shall not be permitted.

Suitability and effectiveness of the method should be confirmed from a suitably

designed mock-up”

SECTION 2000 BEARINGS

Clause 2001 DESCRIPTION

 Add the following as paragraph 2 of this clause.

Within 90 days of award of work, the Contractor shall submit detailed specifications,

designs and drawings including installation drawings and maintenance manual, for the

approval of the Engineer. Designs shall also include review and modifications of designs

and drawings of bearing pedestals and other elements required for installation. The

installation of bearings shall be carried out under the supervision of the manufacturer of

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the bearings. The Contractor shall provide the bearings only from the manufacturers

approved and enlisted by the Ministry of Road Transport and Highways.

Clause 2005 ELASTOMERIC BEARINGS

Sub – Clause General

2006.1

Clause 2006.1.2  Add after 2nd  sentence "Provisions of IRC83 (Part III) shall be applicable for

POT, POT cum PTFE, PIN and Metallic Guide Bearings"

SECTION 2200 SUB-STRUCTURE

Clause 2204 Piers and Abutments

 Add the following paragraph at the end of clause

“Where necessary suitable cofferdams or other means shall be provided to

exclude water from the construction area. The contractor shall provide

necessary pumping equipment for dewatering in working areas.”

Clause 2210 Rate

This clause is substituted as below:

“The contract unit rates for masonary, concrete, reinforcement and weep holes

in substructure shall include all works as given in respective sections and cover

the cost of incidental item like providing cofferdams, dewatering, providing

special formwork, where necessary and all other items for furnishing and

providing substructures as mentioned in this sections.”

SECTION 2400 Surface and Sub-surface Geotechnical

CLAUSE 2403 Exploration DETAILED EXPLORATION

The contractor shall carry out subsurface exploration at the bridge sties as per

codal provisions and standard practice.

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Sub-Clause: Filter Media

2504.2.2 

Para 1 of this Clause shall be read as under:

The material for the filter media shall consist of sand, gravel, stone or

coarse sand to prevent escape of the embankment material through the

voids of stone pitching/weep holes in abutments as well as to allow free

movement of water without creating any uplift head on pitching, One or

more layers of graded materials, commonly known as filter medium, shall be

provided underneath the pitching. The material for filter media behind

abutment shall conform to general guidelines given in Appendix 6 of IRC-78(Standard Specifications and Code of Practice for road bridges - Section

VII). 

SECTION 2600: EXPANSION JOINTS GENERAL

Clause 2602 GENERAL 

Paragraph c, d, e - deleted.

 Add the following at the end of the clause.

The Ministry of Surface Transport had issued modified interim specifications

for expansion joints vide letter dated 31/03/97 and revised vide letter No.

RW/NH-34059/1/96 - S&R dated 30th  Nov. 2000 and corrigendum of same

circular dated 15th  Jan., 2001. These specifications are also included vide

following modifications.

The expansion joints shall be procured only from those

manufacturers/suppliers of expansion joints who are empanelled withMORT&H.

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TABLE R-1

SUITABILITY CRITERIA FOR ADOPTION OF DIFFERENT TYPES OF EXPANSION JOINTS

SI. 

No. 

Type of

Expansion 

Suitability for

Adoption Joint 

Expected

Service 

Life 

Special

Consideration 

1.  Buried

Joint

Simply supported spans

unto 10 meters

10 Years Only for deck with

bituminous/ asphaltic

wearing coat. Steelplate may need

replacement, if found

corroded or distorted at

the time of relaying/

renewal of wearing coat.

2.  Filler Joint Fixed end of simply

supported spans with

insignificant movement or

simply supported spans

not exceeding 10 meters.

10 Years The sealant and joint

filler would need

replacement if found

damaged.

3.  Asphaltic

Plug Joint

Simply supported spans or

right or skew (upto 20

degree), moderately

curved or wide deck with

maximum horizontalm o v e m e n t n o t

exceeding 25 mm.

 Ambient temperature

should in the range of 5

degree to 50 degree

10 Years Only for decks with

bituminous/ asphaltic

wearing coat. Not

suitable for bridge with

longitudinal gradientmore than 2 % and

cross camber/ super

elevation exceeding 3

%. Not suitable for

curved spans and

spans resting on

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Celsius. yielding supports.

4.  Compress -ion SealJoint*(ChloropreneSeal &Cell FoamSeal)

Simply supported forcontinuous spans right orskew (up to 30 degree),moderately curved withmaximum horizontalmovement not exceeding 40mm.

10 Years Chloroprene/ ClosedForm Seal may needreplacement duringservice.

5.  Single stripseal joint*

Moderate to large simplysupported, cantilever/continuous constructionhaving right, skew orcurved deck withmaximum horizontal

movement upto 50 mm

25 Years Electrometric seal mayneed replacementduring service.

6.  ModularStrip/ BoxSeal Joint

Large to very largecontinuous/ cantileverconstruction with right,skew or curved deckhaving maximumhorizontal movement inexcess of 70 mm

25 Years Electrometric seal mayneed replacementduring service.

7. SpecialJoints for

specialconditions

For bridges having widedecks/ span length of more

than 120 cm. or/ andinvolving complexmovements/ rotations indifferent directions/planes, provision ofspecial type of modularexpansion joints such asSwivel joists joints may bemade

25 Years Electrometric seal mayneed replacement

during service.Provision of these joints may be made withprior approval of theMinistry.

*These are proprietary items for which 10 years warranty shall be insisted upon from thesuppliers. The contractor shall submit all relevant information as per clause 115.1

Clause 2706: WEEP HOLE

This Clause shall be read as under:

"Weep holes shall be provided in solid plain concrete/reinforced concrete brick or stone

masonry abutments, wing wails, return walls as shown in the drawing or as directed by the

Engineer to drive moisture from the back filling. Weep holes shall be provided with

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100mm dia. A.C. pipe and shall extend through the full width of concrete/masonry with

slope of about 1 vertical: 20 horizontal towards the draining face.

The spacing of weep holes shall generally be 1 m in either direction or as shown in thedrawing with the lowest at about 150 mm above the low water level or ground level

whichever is higher or as directed by the Engineer."

Add new Section 3200 

SECTION 3200 UTILITY DUCTS 

Clause 3201 Scope:

The work shall consist of laying and jointing of R.C.C. Utility Ducts in accordance with therequirements of these specifications

Clause 3202 Materials:

Reinforced concrete pipes shall be of NP- 4 type conforming to IS: 458.

Clause 3203 Laying of Pipes:

Laying of Pipes shall be carried out in accordance with clause 2905. The Pipes shall be

fitted and matched sc that when laid in work they shall have a smooth uniform invert.

Clause 3204 Jointing:

The Pipes shall be jointed either by-collar joint or flush joint. Caulking shall be carried

out as directed by the Engineer. The provisions of clause 2906 of the specifications

shall be followed to the extent applicable. The Engineer's decision shall be final and binding.

Clause 3205

Back filling, where directed by the Engineer shall be carried out in accordance with clause

2907 of the specifications.

Clause 3206 Closing of Ends:

The ends of Pipes shall be closed with plastic covers to present ingress of foreign materials

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CLAUSE A-1 : DIVERSION AND FILLING OF EXISTING WATER COURSES ALONG THE

ROAD ALIGNMENT 

Where watercourses have to be diverted from the sites of embankments, the originalchannels shall be cleared of all vegetation and soft deposits as directed by the Engineer and

carefully filled in with suitable materials and compacted as specified. The new channel/ side

drain shall be formed as shown in the drawings or as directed by the Engineer.

1. Measurement 

The work involved in filling existing watercourses shall be measured as

follows:

(i) The work involved in filling existing watercourses shall be measured

under clearing and grubbing item on area basis.

(ii) Excavation and removal of soft deposits shall be measured in cubic

metre.

(iii) Filling with suitable material shall be measured in cubic metre.

(iv) The works involved in forming the new channel/side drain shall be

measured under the relevant items of work.

CLAUSE A-4: LEVELLING AND GRADING ROADSIDE LAND 

1 Description 

The work shall consist of leveling and grading of roadside land for purposes of

chaining the land and as a landscaping measure in accordance with the

requirements of these specifications or as directed by the Engineer.

2 Construction Operations 

The construction operations shall follow the following sequence:

(1) The roadside land from the toe of the road embankment to the outer open drain shall

be cleaned and grubbed in accordance with Clause 201. Except for trees and

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large-sized plants designated to be retained, all shrubs and plants shall be

removed.

(2) The land area shall be leveled by cutting high spots and filling low spots, andsloped towards the outer drain by means of dozer/grader. The graded slope shall at

least be 0.5% failing towards the ROW boundaries. Grading shall be in such a

manner that the rainwater from the roadway and roadside land gets drains into the

outer open drains. The graded area shall be rolled with at least two passes of 8-10

ton roller, and the areas finished clean and tidy.

(3) In case the land contours require construction of lateral drains to drain out the

water, the same shall be excavated as excavation in ordinary soil to Clause 301

3 Measurement 

The work of leveling and grading the roadside land shall be measured as area over

which the work is performed in sq.m.

CLAUSE A-5: VOID FORMER

Void former tubes shall consist of galvanized corrugated light sheet metal tube subject to

approval of Engineer having minimum thickness of 0.5 mm with end cones and tie down

clips. The diameter and the sheet metal thickness of the void formers shall satisfy the

following:

InternalDia(d)(Mm)

ExternalDia (d)(mm)

Sheet MetalThickness-

(t) (mm)

Weight(Kg./m)

500 504 0.5 8.5

600 605 0.5 10.2

800 807 0.7 18.82

Corrugations 

The void formers shall be spirally lock seamed and corrugated on patented special machines

with three 6-8mm tube corrugations between the seams. The spacing between seams

shall not exceed 120mm. The radial rigidity of the tube shall be as below:

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(t) (mm) Radial stiffness(cm4 /m)

0.5 0.20

0.7 0.35

End Cones

Void formers are to be supplied with end cones mounted in place on the tubes to seal the

void formers. The diameter at the end of cone shall be equal to half the dia of void farmers

and length of cone shall be equal to diameter of cone.

Tie Down Clips

In order to minimized horizontal and vertical movement of the void formers during

concreting operations the void formers shall be fitted with tie down dips with necessary

accessories.

Storage and Installation of Void Formers

The storage and installation of void formers shall be carried out as par manufacturer's

literature on the subject and subject to approval of Engineer-in-charge.

Standard of acceptance

The roundness of the void tubes before pouring of concrete shall meet tolerances permitted as

per concreting specifications. The stiffness of the tubes must be sufficient enough to resist a

change to roundness not more than 2cm on account of the pressure from concrete.

The tie down clips down shall be fixed in such a way that movement does not exceed + 1cm

vertically and + 2 cm. horizontally. In case of joints, these shall be strong enough to stop the

pipes from moving in relation to each other.

CLAUSE A-6 UTILITY DUCTS

Scope

The work shall consist of laying and jointing of R.C.C. Utility Ducts in accordance with the

requirements of these specifications.

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Reinforced concrete pipes shall be on NP 4 type conforming to IS: 458

Laying of Pipes

Laying of Pipes shall be carried out in accordance with clause 2905, the Pipes shall be fitted

and matched so that when laid in work they shall have a smooth uniform invert.

Jointing

The Pipes shall be jointed either by collar joint or flush joint Caulking shall be carried out as

directed by the Engineer. The provisions of clause 2906 of the specifications shall be followed

to the extent applicable. The Engineer’s decision shall be final and binding.

Back Filling.

Where directed by the Engineer shall be carried out in accordance with clause 2907 of the

specifications.

Closing of Ends

The ends of Pipes shall be closed with plastic covers to prevent ingress of foreign materials.

Measurement

The utility ducts shall be measured from end to end in linear measures.

CLAUSE A-8 REFLECTIVE PAVEMENT MARKERS (ROAD STUDS)

General

Reflective pavement market (RPM) or road stud is a device that is bonded to or anchored

within the road surface for lane marking & delineation for nighttime visibility. It reflects incident

light in directions close to the direction form, which it came.

2. Definition

Description of terms specific to this standard.

Coefficient of luminous intensity (CIL) or specific intensity-

The ratio of luminous intensity of the retro reflector in the direction of observation to luminance

at the retro reflector on a plane perpendicular to the direction of the incident light expressed in

terms of milicadelas per incident lux (mcd/ Ix).

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Horizontal entrance angle-

The angle in the horizontal plane, between the direction of incident light & the normal to the

leading edge of the marker.

Observation angle-

The angle at the reflector between, the illumination axis & the observation axis.

Retro-reflection-

Reflection in which the radiation is returned in direction close to the direction from which it

came, this property being maintained over wide variations of the direction of incident radiation.

Head-

That part of the road stud, which is above the road surface when the road stud is fixed in

position in the road.

Upper Surface-

That part of the external surface of the road stud, which is visible when the road stud is fixed in

position in the road.

Anchorage-

That parts of a road stud that is below the road surface when the road stud is fixed in position

in the road.

3. Material:

Plastic body of RPM/road stud shall be moulded from ASA (Acrylic Strene Acrylonitrite) or

HIPS (High-impact Polystyrene) cr ABS or any other suitable material approved by the

Engineer in charge. The marker shall support a load of 13635 kg tested in accordance with

 ASTM D4280.

Reflective panels shall consist of number of lenses containing single or duel prismatic cubecapable of providing total internal reflection of the light entering the lens face. Lenses shall be

moulded of methyl methecrylate conforming to ASTM D788 or equivalent.

4. Design-

The slope or retro reflecting surface shall preferable be 35+5degree to base.

The area of each retro reflecting surface shall not be less than 13.0 sqcm

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5. Optical performance

5.1 Unidirectional-

Each reflector or combination of reflectors on each face of the stud shall have a CIL not less

than that given in table below.

Minimum CIL value for stud 

Entrance angle Observation angle CIL in mcd/ Ix

Oo U 5o L&R 0.3o 220

OoU 10o L&R 0.5o 120

Note: -  The entrance angle of 0o corresponds to the normal aspects of the reflectors when the

reflecting road stud is installed in horizontal road surface.

5.2 Tests-

Co-efficient of luminance intensity can be measured by procedure described in ASTM E809

“Practice for Measuring Photometric Characteristics” or as recommended in BS: 873 Part IV –

1973.

Under test conditions, a stud shall not considered to fail the photometric requirements if the

measured CIL at any one position of measurement is less than the values specified in table

provided that:

i) The value is not less than 80% of the specified minimum, and

ii) The average of the left & right measurements for the specific angle is greater than the

specified minimum.

6. Fixing of reflective markers-

6.1 Requirements-

The enveloping profile of the head of the stud shall be smooth & the studs shall not present

any sharp edges to traffic.

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The reflecting portions of the stud shall be free from crevices or ledges where dirt might

accumulate.

 All road studs shall be legible marked with the name, trademark or other means ofidentification of the manufacturer.

Marker height shall not exceed 200mm.

Marker width shall not exceed 130 mm & shall not be less than 100 mm.

The base of the marker shall be flat within 1.3 mm If the bottom of the marker is configured,

the outer most faces of the configuration shall not deviate more than 1.3mm from a flat

surface.

6.2 Placement-

The reflective marker shall be fixed to the road surface using the adhesives & the procedures

recommended by the manufacturer. No nails shall be used to affix the marker as nails are

hazardous for the roads.

Regardless of the type of adhesive used, the markers shall not be fixed if the pavement

surface is not dry & on new asphalt concrete surfacing until the surfacing has been open to

traffic for a period of not less than 14 days.

The portions of the highway surface, to which the marker is to be bonded by the adhesive,

shall be free of dirt curing compound, grease, oil, moisture, loose or unsound layers, paint &

any other material which would adversely affect the bond of adhesives.

Use a wire brush, if necessary to loosen & remove dirt, then brush or blow clean.

The adhesive shall be placed uniformly on the cleaned pavement surface or on the bottom of

the marker in a quantity sufficient to result in complete coverage ot the area of contact of the

marker with no voids present and a slight excess after the marker has been lightly pressed in

place.

For epoxy installations, excess adhesive around the edge of the market excess adhesive on

the pavement and adhesive on the exposed surfaces of the markers shall be immediately

removed. Soft rage moistened with mineral spirits or kerosene may be used if necessary to

remove adhesive from exposed faces of pavement markers.

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Warranty & Durability

The contractor shall obtain from the manufacturer a two year in-field test/evaluation report for

performance as per the table mentioned above and submit to the Engineer. In addition, a twoyear warranty for satisfactory in-field performance of the finished road marker shall also be

given by the contractor who carries out the work of fixing of reflective road markers. In case

the markers are displaced, damaged, get worn out or lose their reflectivity compared to

stipulated standards, the contractor would be required to replace all such markers within 15

days off the intimation from the Engineer at his own cost and with no extra remuneration to be

paid for such work.

7. Measurement

The measurement of reflective road markers shall be in numbers of markers supplied and

fixed.

CLAUSE A-10 EPOXY-PHENOLIC IPN COATING ON CONCRETE SURFACE

1. Scope

The work shall consist of brushing, cleaning and applying of epoxy based protective treatment

on concrete surface The work shall be carried out in accordance with the Specifications and as

directed by the Engineer.

2. Materials

(i) The coating material shall meet the standards specified by various codes and formulation

set forth by the patent or.

(ii)  A written certification shall be furnished to the BRPNNL that properly identifies the number

of each batch of coating material used in the work, material, quantity represented, date of

manufacture, name and address of manufacture, and a statement that the coating

material used must meet the requirement specified by CBRI/Roorkee. Also proof of

purchase from the CBRI’s approved manufacturer shall be submitted.

(iii) The coating material shall be stored in the manner as per recommendations of the

manufacturer until ready for use. The coating material shall be used within the

manufacturer’s written recommended shelf life. 

(iv) When a representative sample of the material is to be sent to the CBRI, Roorkee

laboratory, then the sample shall be packaged in an airtight container and identified by

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batch number. The cost of testing will be borne by the contractor.

3. Specification of Coating Material

S.No. Description Primer Coat Middle Coat Top Coat

1. Base InterpenetratingPolymer (Epoxyphenolic)

InterpenetratingPolymer (Epoxyphenolic)

InterpenetratingPolymer (AliphaticPolyurethane)

2. Pot Life 1. hour for 2 It. Mix 1 hour for 2 It. Mix 1. hour for 2 It. Mix

3. Curing Air Curing Air Curing Air Curing

4. Colour Clear or as specifiedthe by Engineer-in-charge

Yellow/Grey or asspecified by theEngineer-in-charge

Yellow/Grey or asspecified by theEngineer-in-charge

5. Shelf Life One year in tightlysealed container

One year in tightlysealed container

One year in tightlysealed container

6. Dry filmthickness

55-65 microns 90-100 microns percoat

40-50 microns per coat

7. Coverage 5-6 sq.m/lt. (5.5 It. Average)

4-5 sq. m/It (4.5 Itaverage)

6-7 sq. m/It. (6.5lt.aveage)

8. Recommendedno. of coats

One One One

9. Recoatablity Subsequent coat shallbe applied after 6hours to 7 days.

4 hours to 7 days.Ensure the surface isdust and deposit freeprior to application.

N.A

10. Mix proportion Base : 1 PBV*/ Curingagent: PBV*

*PBV-parts by volume.

Base : 1 PBV*/ Curingagent: PBV*

*PBV-parts by volume.

Base : 1 PBV*/ Curingagent: PBV*

*PBV-parts by volume.

(i) Tensile strength: Minimum tensile strength of the coating must be 15 N/mm2 and it should

be determined as per ADTM FD-2370-73

(ii) Elongation: Minimum elongation of the coating must be 15& and it should be determined

as per ASTM D-2370-43.

(iii) Specific permeability: The maximum value must be 0.15 mg/cm2/mm/24hr and it should be

determined as per ASTM D-1653-74.

(iv) Adhesion with concrete: The minimum adhesion with concrete by pullout method must be

2.5 N/mm2 and it should be determined as per BS-3900-E-270.

(v) For consumption calculation of various coats (primer, middle and top), average values of

the specified shall be adopted.

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4. Surface Preparations.

In order to have better bonding, the concrete surface should be clean, dry and mechanically

sound. The surface of the concrete structure to be coated shall be cleaned of all traces ofmould oil, laitance, salt deposits by mechanized means. Finally the surface should be washed

with clean water jet to remove any salt deposits. The surface should be dried. All the

protrusions shall be removed and cracks, joints should be sealed with IP Net putty as per

Central Building Research Institute (CBRI) Roorkee’s recommendation.

5. Application of Coating

(i) Mix the base and curing agent in prescribed proportion by volume thoroughly for 5-10

minutes and allow it to remain in a container for five minutes.(ii) A primer coating of IPN polymer (transparent) shall be applied to the cleaned surface after

surface preparation within the pot life.

(iii) After air curing, intermediate and top coating should be applied with time lag as per

manufacturer’s specification.

(iv) The coating shall be applied by airless spray or other approved means.

6. Coating Thickness

(i) Prestressed girders and substructures – The minimum total thickness of all coats (primer

coat + middle coat +top coat) must be 200+15 microns.

(ii) Parapet Walls - The minimum total thickness of all coats (primer coat + middle coat + top

coat) must be 105+10 microns.

7. Measurement of Coating Thickness

During the application of IPNet systems clean, abraded steel plates of approximately 10cm x

8cm shall be adhered to the concrete surface by means of putty/adhesive in such a way that

these can be detached. IPNet system can be applied over the plates in the course of

application over the concrete surface. Dry film thickness (DFT) can be measured using

magnetic electrometer. DFT instruments should be done at every 500 to 600 sqm. area or as

per the direction of Engineer-in-charge.

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8. Coating Continuity

The coating shall be visually inspected after curing for continuity of the coating and shall be

free from holes, voids, contamination, cracks and damaged areas discernible to the unaidedeye.

9. Permissible Coating Damage and repair of Damaged Coating

(i) All coating damage shall be repaired with patching material by the contractor at his

own cost,

(ii) Repaired areas shall have a minimum coating thickness of 200+15 microns for

prestressed girders and substructures and a minimum coating thickness of 105+10

microns for parapet walls.

(iii) Repair of damaged coating shall be done in accordance with the patching material

manufacturer’s written recommendations within the accepted rates.

CLAUSE A-11 UNDER GROUND DRAINAGE AND APPURTENANCE

1.1 Scope

The work comprises of providing surface water drainage facilities for the project road including

 junctions, urban areas, super-elevated stretches and other areas as shown in the Drawing.

The work shall consist of furnishing and installation

  Sewer pipes

  Road gullies/catch pit

  Manholes

The above shall be of the type, diameter, length required at the locations shown on the

Drawings or instructed by the Engineer and in accordance with the requirements of the

specifications.

1.2 Materials

 All materials and manufactured items supplied for incorporation into the woks shall be of new,

good quality and sound workmanship and shall be obtained only from approved suppliers who,

if so required by the Engineer, through the Contractor, Shall demonstrate to the satisfaction of

the Engineer that the materials and manufactured items they offer of have supplied for the

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works are suitable in all respects for the required duty and comply with requirement of the

specifications.

1.3 Workmanship and Testing

1.3.1 Quality Assurance

The contractor shall refer to and comply with the relevant standards, specifications, and codes

governing the contract in order to achieve good results.

The contractor shall also comply with the regulations issued by PWD, PHED and local

authority.

1.3.2 Drawings and Documents

The locations, types and flow direction have generally been indicated in the Drawing.

Contractor shall prepare a detailed working drawing and shall submit to Engineer for approval

1.4 Examination of Works Before Covering up

No work shall be covered up or put out of view without the approval of the Engineer.

Contractor shall afford full opportunity for the Engineer for examination and measurement.

1.5 Technical Specifications

1.5.1 Excavation (Including Trench Excavation)

This specification is to be read in conjunction with section 301 and 309 of the Technical

Specification.

1.5.2 Support and Protection of Excavations

Excavations shall be adequately supported by shoring , if required at all times, to the

satisfaction of the Engineer to prevent any ground movement cause injury or delay or

endanger services, structure or road surfaces.

1.5.3 Bedding Materials and Backfilling

Bedding materials and backfilling materials shall be as per Drawings and approved by

Engineer. Trenches shall be backfilled in layers immediately after the pipes have been laid and

the jointing material has hardened.

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1.5.4 Form Work

This specification shall conform to section 1500 of the Technical Specification

1.5.5 Concrete

This specification shall conform to section 1700 of the Technical Specification.

1.5.6 Steel Reinforcement

This specification shall conform to section 1900 of the Technical specification and the

Drawings

1.5.7 Supply or R.C. Pipe

The design and manufacturer or RCC modified class NP4 type pipe to be supplied shall

conform to IS: 458:1988 (third revision) and tested as per IS: 3597:1985. The type of pipes

shall be suitable for collar joints as per IS specifications.

The contractor/supplier submits certified copies of test results for the materials and finished

pipe units before acceptance of the same. Inspite of submission of the certified copies at test

results the Engineer reserves the right to test any of the materials and pipe units at

contractor’s/suppliers cost.

1.5.8 Laying of Reinforced Cement Concrete Sewer Pipes

The laying of R.C.C. Sewer pipes shall conform to IS: 783-1985 with all amendments upto

date. While unloading from trucks, pipes and fittings shall not be dropped loose on the ground

and hard roads. Care should be taken to unload them on timber skids with steadying ropes so

as not to allow the pipes bump hard against one another. To avoid damage to the pipes

especially to the ends, it shall not be rolled or dragged along hard pavements or surfaces.

 All lumps, blisters and excess coating materials shall be removed gently form the pipe surface

and ends of each pipe shall be wiped, cleaned and dried before the pipe is laid. Before laying

the pipes into the trenches each pipe shall inspect and provided with bituminous coating with

paints conforming to IS: 9862-1981 inside and dried.

Each pipe unit shall be handled and placed in position inside the trench properly and gently

with the help of mechanical device only. Under no circumstances shall any pipe be dumped or

rolled into the trench or be allowed to drop against the pipe already lying the trench.

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1.5.9 Jointing of Reinforced Cement Concrete Sewer Pipes

 After the pipes and fittings are laid into the trench the jointing is be done after thorough

cleaning of the joint surface. The R.C.C. sewer pipes are to be jointed by collar Joint. Themethod of jointing shall conform to IS: 786-1985.

1.5.10 Testing of Reinforced Cement Concrete Sewer Pipe Lines

 After completion of the laying of sewer lines the same shall be tested as per IS: 786-1985

before they are covered with backfill.

1.5.11 Construction of Manholes

Reinforced Cement Concrete manholes shall be provided at all the positions as shown on theDrawings. Apart from these, extra manholes may have to build at locations as to be instructed

by the Engineer. These should generally conform IS 4111 (Part1): 1986 and shall be as per

the Drawings.

The manholes are to be generally constructed directly over the center of sewer lines unless

otherwise specified in the Drawings or directed by the Engineer. The grade or reinforced

cement concrete and plain cement concrete to be used in the structure of the manholes shall

be as shown in Drawings. The inside face of the concrete of the manholes shall be finished

with 19mm thick sand- cement plaster (3:1) with thixotropic chemical resistant epoxy protective

coating on top, to be used as per manufacturer’s specification. The manholes shall be

provided with Reinforced Cement Polymer Concrete manhole covers and frames conforming

to I.S. 12592 (Part 2):1991. The manhole covers and frames shall be capable of bearing

minimum 10MT load and shall be procured from only such manufacturers as are capable to

make arrangements for load testing in their laboratories as and when instructed by the

Engineer.

Steps shall be provided for descending/ascending within the manholes as per Drawings andconforming to relevant I.S. Specifications.

The entire height of the manholes shall be tested by closing both incoming and outgoing ends

of the sewer and filling the manhole with water. A drop in water level not more than 50 mm per

24 hours shall be allowed. If the subsoil water is high it shall be ensured that there is no

leakage of ground water into the manhole by observing the manhole 24 hours after emptying

them.

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 After construction of manholes and making interconnections with main sewers and branch

sewers including other incidental and ancillary works are completed, backfilling work shall

commence immediately

1.5.12 Construction of Catch Pit/Road Gullies

Cement Concrete road gullies shall be provided at all position shown on the Drawings. Apart

from there, extra road gullies may have to be provided if instructed by the Engineer.

Construction of road gullies shall generally conform to IS:7740-1985 and shall be as per the

Drawings. The road gullies shall be provided with Reinforced Polyelastomer grating fitted with

Reinforced Cement Polymer Concrete frame having a load bearing capacity of minimum 10

MT with hinge arrangements for opening of the grating. The road gullies directly connected

with the manholes shall be provided with cast iron siphons.

1.6 Measurements

The sewer lines shall be measured in linear metres along their centre lines, including the

portions of the sewer lines to be inserted within the inspection chambers and other

appurtenant structures. The RCC inspection chambers and concrete road gullies shall be

measured on the basis of numbers of each individual type.

Surface Water Drainage

Work Item Units of Measurement

1.6 /01 RCC pipe dia. 300 mm Linear Meter

1.6 /02 RCC pipe dia. 450nn Linear Meter

1.6 /03 RCC pipe dia. 600mm Linear Meter

1.6 /04 Manhole Number

1.6 /05 Catch pit/Road gully Number

A-12 CURING USING LIQUID MEMBRANE FORMING COMPOUND

1.1 General

Liquid membrane forming compound are sometimes permitted to be used by the engineer for

curing concrete for part or whole of the total curing period as specified in sections dealing with

concrete construction. There membranes reduce the loss of water from concrete during early

hardening period and some type of compounds also help in reducing the temperature-rise of

concrete exposed to the radiation from the sun. There specifications cover the type and use of

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such compounds. However, the use of the same will need specific permission from the

engineer, who may require a number of tests to be carried out for establish that the curing

compound and its method of use does not have any unacceptable effect on the quality of

concrete. The cost of the initial acceptance testing and the quality control testing will be borne

by the contractor, if the method has been specified as a requirement by the engineer. If on

the other hand, it is suggested by the contractor as an alternative to wet curing, the full cost

of testing will be borne by him and deemed to be included in his rates for concreting. The

cost of curing in any case will be deemed to be part of the concrete rates and will not be paid

extra.

 All equipment, material etc., needed for curing and protection of concrete shall be at hand

and ready for installing before actual concreting beings. Detailed plans, methods andprocedures shall be firmly established, shall be settled and got approved in writing from

the Engineer-in-charge sufficiently in advance of the actual concreting.

The equipment and method proposed to be utilized shall provide for adequate control and

avoid interruption or damage to the work of other agencies.

1.1.1 Curing Compound

The curing compound shall be conforming to ASTM-C-309-81, Type-2, white pigmented

compound. The solids dissolved in vehicle shall be either A (no restrictions) or Class B

(resin as defined in ASTM D-883) as approved by the engineer.

White pigmented compound (Type-2) shall consist of finely divided white pigments and

vehicle solids, ready mixed for immediate use without alteration. The compound shall

present a uniform white appearance when applied uniformly to a fresh concrete surface at

a specified rate of application. It shall be of such consistency that it can be readily applied

by spraying to provide uniform coating at temperatures above 4°C. If two coats are to be

applied then it should be applied at an interval of approximately one hour. They shall

adhere to freshly placed concrete that has stiffened or sufficient resist marking during the

application and to damp hardened concrete and shall form a continuous film when applied at

a rate of 0.2 litre/m2. When dry, the covering shall be continuous flexible and without

visible breaks or pin holes and shall remain as unbroken film at least 28 days after

application. It shall not react deleteriously with the concrete.

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The compound shall meet with the requirement of water retention test as per ASTM

designation C-156-80. The loss of water in this test shall be restricted to not more than 0.55

kg/m2 of exposed surface in 72 hours.

The white pigmented compound (Type 2) when rested as specified in accordance with

method E-79 of ASTM shall exhibit a day light reflectance of not less than 60% of that of

magnesium oxide.

It shall fulfill the requirement of drying time when tested in accordance with ASTM-C-

309-81. The compound applied shall be dry to touch in not more than 4 hours. After 12

hours it shall not be tacky or tack off (peel off) concrete when walked upon nor it shall

impart a slippery surface.

The liquid compound should be of a spray able consistency.

1.1.2 Supply and Testing

 Acceptance Testing

Prior to the approval of the brand/trade name of compound and the source of supply and

manufacturer acceptance testing shall be carried out to demonstrate the conformance of

the compound to Clause 5502. In addition, testing shall be performed to demonstrate that

on adverse/undesirable change in quality of concrete or concrete surface takes place as a

result/by-product of the use of the compound. These tests should be designed to check

properties such as loss of strength at 28 days of surface layer, or of concrete cube, change

in surface texture, change in adhesion to subsequently applied layers like plaster,

flooring, tiling etc. The type and number of tests are to be as specified by the engineer.

Routine Testing

1. The liquid membrane forming curing compound should be brought in the

manufacturer's original clear containers. Each container shall be legibly marked withthe name of the manufacture, the trade name of the compound, the type of

compound and class of vehicle/solids, the nominal percentage of volatile material

and batch or lot number. The lot numbers will be assigned to the quantity of

compound mixed, sampled and tested as single product. The manufacturer shall

exercise the care in filling the container so that all are equally representative

of the compound produced.

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2. Curing compound to be used on site shall be got tested at least 14

days in advance so that the result of water retention tests,

Reflectance test, drying etc, are available before it can be permitted for use. All of

the filled containers represented by the approved sample shall  then be sealed to

prevent leakage, substitution or dilution.

The engineer-in-charge or authorized representative should mark each container

represented by the samples with a suitable identification mark for later

identification and correlation and shall be kept in store with double lock

arrangements. One key shall be kept with the Contractor and the other with

Engineer. Random samples shall be collected from every batch of the compound.

Frequency of random sampling shall be done as directed by the Engineer. Thecontractor shall provide samples and labour for collecting samples free of cost.

Testing shall be carried out by agency approved by the engineer and in presence of

his representative.

1.1.3 Method of Application

The compound shall be sprayed using mechanical sprayer of approved design to

ensure uniform and continuous membrane on the concrete surface. The coverage shall be

at the rate specified by the manufacturer or at the rate of 5m

2

 per litre or as specified bythe manufacturer and approved by the engineer. Field trials shall be conducted to decide

effective coverage rate, which depends upon surface finish. The engineer after

verification of the field trials and based on the actual experience shall order the rate of

application as needed for achieving the proper curing. With a view to ensure thorough

and complete coverage, approximately one half of the compound for a given area should

be applied by moving the spray gun back and forth in one direction and the remaining half

at right angles to this direction. In case the application is still not found uniform, the

contractor shall have to apply the second coat as and when directed by the Engineer. If asecond coat is to be applied, it should be applied approximately after an interval of one

hour. The curing compound shall generally be applied as soon as the bleeding water or

shine disappears, leaving dull appearance.

If surface treatment by roughing, hand brushing etc., is required (e.g. as in case of road

pavements) the curing compound should be applied immediately after the same.

Equipment for spraying curing compound shall be of pressure tank type {5 to 7 kg/cm 2)

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with provision of continuous agitation. A curing jumbo with multiple traveling spray fans

shall be provided for effective spray. Spraying on concrete lining shall be done in such a

way that the green concrete is not disturbed or damaged or any foot impression left.

Necessary schemes or spraying by mechanized means shall be got approved by the

Engineer-in-charge. However, in emergency for very small areas/ patches) it can be applied

with wire or bristled brush.

A-14 Stagging & Shuttering

 All stagging & Shuttering shall be steel. The contractor will have to manufacture new

shuttering so as to obtain exposed concrete surface even and uniform. Shuttering already

used on other work will not be permitted to use in this work.

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SECTION – IV

(Special Conditions for Contract)

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Special Conditions For Contract.INTRODUCTION

The following clauses of Special Conditions of Contract (SCC) shall be applicable for this contract:

These Special Conditions of Contract shall be read in conjunction with Conditions of Contract,

Instructions to Bidder (ITB), Notice Inviting Rate (NIR) and Technical Specifications & Other Tender

Documents.

1. The tenderer shall get acquaint with the proposed site of work, its sub soil strata, underground

water table and its approach roads before quoting his rates. The construction of new

approach road or repair of the existing approach and its maintenance during the execution of

the work shall all be carried out by the tenderer and nothing extra shall be payable over his

quoted rates.

2. If for any reasons, any part of the site is not available temporarily for some time for part of the

work under the contract, the agreed construction schedule shall be suitably modified and

contractor shall diligently divert his men and materials to utilize them appropriately, profitably

and no claim of damages whatsoever shall be entertained on this account. However, the

contractor shall be allowed extension of time for completing the work as deemed fit by the

competent authority. The contractor shall not be entitled to any compensation for any loss

suffered by him and revision in the rates quoted by him.

3. The contractor shall make his own arrangement for obtaining electric connection required for

execution of work and make necessary payments directly to the concerned departments and

nothing extra shall be payable on this account.

The contractor shall make his own arrangement for water suitable for construction work as well

as drinking and other purpose for the labour engaged by him for the execution of the work.

4. The water for construction work shall be got tested quarterly from the laboratory approved by

the Engineer-in-charge to ensure its suitability for construction. The charges for these tests

and related arrangements shall be borne by the Contractor. In the event of water found

unsuitable for construction, the contractor shall make alternative arrangement for suitable

water from any other source to the satisfaction of the Engineer-in-charge.

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5. The contractor shall provide, at his own cost instruments for surveying, weighing and

measuring purpose at the site of work as may be necessary for execution of the work.

6. The contractor shall take care of all safety precautions pertaining to construction of work, such

as excavation, trenching, demolition, provision of scaffolding, ladder, working platforms,

gangways, mixing asphaltic materials, electric arc/ gas welding, use of hoist and construction

machinery. He shall be governed by relevant provisions of safety code and as directed by the

Engineer-in-charge and nothing extra shall be payable on this account.

7. On account of security consideration, some restrictions may be imposed by the security staff

on the working and/ movement of men and materials etc. The contractor shall be bound to

follow all such restrictions/ instructions and he shall organise his work accordingly. No claim

on this account, whatsoever, shall be payable.

8. The contractor shall take all precautions to avoid accidents by exhibiting necessary caution

boards day and night, speed limit boards, red flags, red lights and providing barriers. He shall

be responsible for all damages and accidents caused to existing/ new work due to negligence

on his part. No hindrance shall be caused to traffic during the execution of the work.

9. The contractor shall be responsible for the watch and ward of the Flyover safety of all fittings

and fixtures including sanitary and water supply fittings and fixtures against pilferage and

breakage during the period of installation and thereafter till the Flyover is physically handed

over to the department.

10. The contractor shall take all preventive measures against any damage caused by rain,

snowfall, floods or any other natural calamity, whatsoever during the execution of the work.

The contractor shall be fully responsible for any damage to the Owners property and to the

work for which the payment has been advanced to him under the contract. However, the

contractor shall maintain an `All risk policy’ from any unit of General Insurance Co., for the

amount at least equal to the payment received against the work done, at his own cost. This

will also cover the defect liability period. This shall be favoring the BRPNNL,. Nothing extra

on this account shall be payable to the contractor for maintaining such Insurance Policy.

11. The work will be carried out in the manner complying, in all respects, with the requirements of

relevant bye-laws of the local body under the jurisdiction of which the work is to be executed or

as directed by the Engineer-in-Charge and nothing extra shall be paid on this account.

12. The contractor shall comply with proper and legal orders and directions of the local or public

authority or municipality and abide by their rules and regulations and pay all fees and

charges which may be liable.

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13. The contractor shall give due notices to Municipal, Police and/ or other authorities that may be

required under the law/ rules under force in the area and obtain all requisite licenses for

temporary obstructions / enclosures and pay all charges which may be livable on account of

his execution of work under the agreement. Nothing extra shall be payable on this account.

14. All materials to be incorporated in the work shall be arranged by the contractor and shall be in

accordance with the specifications laid down.

15. The tenderer shall use materials bearing ISI Certification Mark unless otherwise specified or

allowed in writing by the Engineer-in-Charge. Any material banned by the department shall

not be used in the work.

16. The contractor shall submit to the Engineer-in-charge samples of all materials for approval.

Such samples of materials which affect aesthetics of the work shall also be got approved from

the Engineer-in-charge/ Architect of the project before procuring bulk supplies. These

approved samples shall be preserved and retained in the custody of the Engineer-in-charge as

standards of materials till the completion of the work. The cost of such samples shall be

borne by the Contractor and nothing shall be payable on this account over the Agreement

rates.

17. The contractor shall be required to get all the necessary mandatory and other tests as per the

specifications/ IS codes, carried out on materials/ work from an approved laboratory as per the

direction of the Engineer-in-charge. The testing charges and conveyance from the site shall

be borne by the contractor.

18. In case any material / work is found sub-standard the same shall be rejected by the Engineer-

in-charge/ Architect and the same shall be removed from the site of work within 48 hours,

failing which the same shall be got removed by the Engineer-in-charge at the risk and cost of

the contractor without giving any further notice and time.

19. In order to ensure quality of work during its execution, the Engineer-in-charge/ Architect may

require samples for mandatory or routine testing of materials. All costs of these samples, their

packaging, conveyance from the site to the testing laboratory and return, shall be borne by the

contractor.

20. Even ISI marked materials may be subjected to quality test at the discretion of the Engineer-in-

charge. Whenever ISI marked materials are brought to the site of work the contractor shall, if

required by the Engineer-in-charge, furnish manufacturer’s test certificate or test certificate

from approved testing laboratory to establish that the materials procured by the contractor,

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satisfy the provisions of relevant ISI codes. The testing charges shall be borne by the

contractor. However cement/ steel will be necessarily tested before start of work and also

during the execution of work as per the requirements of specifications, and will not be used till

test certificates are obtained and approved by Engineer-in-Charge.

21. Cement bags shall be stored in separate godowns to be constructed by contractor at his own

cost as per sketch approved by Engineer-in-charge with weatherproof roofs and walls.

22. The cement godown of the capacity to store a minimum of 25000 bags of cement shall be

constructed by the contractor at site of work for which no extra payment shall be made. The

contractor shall be responsible for the watch and ward and safety of the cement godown. The

contractor shall facilitate the inspection of the cement godown by the Engineer-in-charge at

any time.

23. The steel reinforcement shall be stored by the contractor at site of work in such a way as to

prevent distortion and corrosion and nothing extra shall be paid on this account. Bars of

different sizes and lengths shall be stored separately to facilitate easy counting and checking

at any time as and when desired by the Engineer-in-charge.

24. The contractor shall give a satisfactory performance test of installations individually and as a

whole to ensure their proper functioning before the work is finally declared completed and

accepted.

25. The contractor shall continue to maintain watch and ward to safeguard the Owner’s property in

his possession until the same is formally handed over as per directions of the Engineer-in-

charge. Nothing extra over agreement rates shall be paid on this account.

26. All tools, plants and measuring or weighing equipment shall be arranged by the contractor

himself and nothing extra shall be paid to the contractor on this account.

27. The quantities of various items incorporated in the tender are approximate. However, the

payments shall be made to the contractors on the basis of actual measurements taken at site.

28. The contractor shall protect the adjoining buildings or works and the work under execution

from fire and shall make adequate arrangements for fire protection and fire fighting and if any

property is damaged, by fire due to the negligence of the contractor, the same shall be made

good by the contractor at his own cost, to the entire satisfaction of Engineer-in-charge.

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29. The contractor shall provide adequate lighting arrangements as approved by the Engineer-in-

charge for carrying out the work during night time, if so required and also provide all other

facilities for the labour employed to carryout the work as per direction of Engineer-in-Charge.

30. In order to achieve the targeted date of completion the contractor may have to work in multiple

shifts, round the clock including public and gazetted holidays and nothing extra shall be paid

on this account.

31. The contractor shall get the samples of all the materials to be used, in the work approved

from Engineer-in-Charge / Architect before going for bulk procurement. Bulk procurement

shall be taken up only after obtaining approval from the Architect/ Engineer-in-charge. Any

delay in getting the samples approved shall be contractor’s responsibility.

32. All materials, articles and workmanship shall be of respective best quality and kind for the

class described in the schedule of quantities and specifications. All materials, so used in

different items of work shall be subject to the approval of the Engineer-in-charge / Architect.

33. The contractor shall be responsible for all statutory provisions and deductions towards ESI,

PF or any other, as the case may be or any other levies and taxes shall be borne by the

contractor. The TDS and Contract Tax or any other statutory levies/ taxes incorporated from

time to time shall be deducted progressively from the running account bills, as applicable at

the time of payment. No claim in this regard shall be entertained.

34. The contractor is supposed to abide the minimum wages act, and shall produce all records

to the Engineer-in-charge or any other statutory authority as and when called for. The

Engineer-in-Charge does not hold any responsibility, on account of any lapses in this regard.

35. For any clarification/ doubt, the BRPNNL may organize regular meetings with Contractor &

Designer. The contractor shall attend such meetings invariably as and when required.

36.  In respect of the work of other agencies, where the commencement or progress of such work

of any other agency is dependent upon the completion of particular portions of the contractor’s

work or generally upon the contractor maintaining progress in accordance with the approved

coordinated construction programme, it shall be the responsibility of the Contractor to

complete such portions and maintain such progress. 

Should any difference arise between the contractor and the other agencies, these shall

immediately be brought to the attention of the Engineer-in-Charge who after reviewing the

matters causing the differences will give their decision which shall be final and binding on the

contractor.

37. Deleted

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38. The contractor will arrange to erect, at his own cost, barbed wire or other appropriate fence

around the infrastructure site, with entry/ exit gates at suitable points. The contractor shall, at

his own cost, provide and erect suitable fencing around the spaces allotted to him at the

infrastructure sites to ensure the security of his men, materials and equipment within the sites

and in relation to other contractors who will also be allotted spaces at above sites.

The security of workmen, materials, equipment stores etc, within the area allotted to the

contractor shall be the responsibility of the contractor.

39. SITE VISIT AND COLLECTING LOCAL INFORMATION

Before tendering, the tenderer is advised to visit the site, its surroundings to assess and satisfy

themselves about the local conditions such as the working and other constraints at site,

approach roads to the site, availability of water & power supply, application of taxes, duties

and levies as applicable, nature of ground, soil and sub-soil condition, underground water table

level, accommodations they may require etc., & any other relevant information required by

them to execute complete scope of work. The tenderer may obtain all necessary information

as to risks, weather conditions, contingencies & General Conditions of Contract other

circumstances (insurgencies etc.) which may influence or affect their tender prices. Tenderer

shall be deemed to have considered site conditions whether he has inspected it or not and to

have satisfied himself in all respect before quoting his rates and no claim or extra charges

whatsoever in this regard shall be entertained / payable by the BRPNNL at a later date.

40. If required, the contractor has to do site clearance, enabling work, barricading, diversion of

Roads, shifting/ realignment of existing utility services, drains, nallahs etc. at his own cost as

per direction of Engineer-in-charge and the contractor shall not be entitled for any extra

payment whatsoever in this regard.

41. Necessary arrangement including its maintenance is to be made by the contractor for

temporary diversion of flow of existing drain and road, as the case may be. The existing drain,

road would be demolished, wherever required, with the progress of work under the scope of

proposed project. The existing Road and Drain which are not in the alignment of the said

project but are affected and/ or need to demolished during execution for smooth progress of

the project, shall be rehabilitated to its original status and condition (including black topping) by

the contractor at his own. The cost to be incurred by contractor in these regards shall be

deemed to be included in the quoted rates of the Bill of Quantities items and contractor shall

not be entitled for any extra payment whatsoever, in these regards.

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42. The Contractor shall be responsible to co-ordinate with service provider/ concerned authorities

for cutting of trees, shifting of utilities and removal of encroachments etc. and making the site

unencumbered from the project construction area required for completion of work. This shall

include initial and frequent follow up meetings/ actions/ discussions with each involved service

provider/ concerned authorities. The contractor shall not be entitled for any additional

compensation for delay in cutting of trees, shifting of utilities and removal of encroachments by

the service provider/ concerned authorities.

43. The work in general shall be carried out as per the latest BSR Schedule / CPWD specifications

with up to date correction slips, unless otherwise specified in the nomenclature of the

individual item or as per specifications provided with this tender. In case any item is not

covered in any of these documents, the same shall be carried out as per the latest BIS Code in

practice or as per approval of Engineer in Charge.

44. SITE DOCUMENTS

The following site documents shall mainly be maintained by the contractor at site:

  Copy of contract documents and drawings.

  Site Order Book.

  Registers & Check Slips as per quality assurance manual.

  Material testing registers/ Quality Inspection Reports.

  Measurement books on computerized format.

  Progress bar chart.

  Sample approval register.

  Visitors register.

   Any other detail and specific requirement as deemed necessary.

  Hindrance Register

  Work Diary,

  Stage passing Register

In case the above are not provided at site within 10 days of placement of LOI, BRPNNL shallprovide the same and necessary expenditure shall be deducted from the bills for documents.

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45. EQUIPMENTS FOR TESTING OF MATERIALS & CONCRETE AT SITE LABORATORY

 All necessary equipment for conducting all necessary tests shall be provided at the site

laboratory by the contactor at his own cost. The following minimum laboratory equipmentsshall be set up at site office laboratory:

(i) Cube testing machine 4 Nos.

(ii) Slump Cone 12 Nos.

(iii) Tensile Briquette testing machine 2 Nos.

(iv) Vicats apparatus with Desk Pot 2 Nos.

(v) Megger & earth resistance tester 4 Nos.

(vi) Pumps and pressure gauges for hydraulic testing of pipes 4 Nos.

(vii) Weighing scale platform type 100 Kg capacity 4 Nos.

(viii) Graduated glass cylinder As per requirement

(ix) Sets of sieves for coarse aggregate [40; 20;10;4.75mm] 4Nos.(x) Sets of sieves for fine aggregate [4.75;2.36;1.18;600;300

& 150 micron 4Nos.

(xi) Core cutter for soil compaction with accessories 2 Nos.

(xii) Cube moulds size 70mm X70mmX 70mm 18 Nos.

(xiii) Cube moulds size150mmX150mmX150mm 90 Nos.

(xiv) Moisture Content Rapid moisture meter standard, 04 nos.

(xv) Hot Air Oven Temp. Range 50˚C to 300˚C 02 Nos.

(xvi) Electronic balance 600g x 0.01g. 10kg and 50kg 03 Nos.

(xvii) Physical balance weight upto 5 kg 01 No.

(xviii) Digital Thermometer upto 150˚C 02 Nos.

(xix) Poker Thermometer (Concrete Road) 0˚C to 50˚C &150˚C: 02 Nos.

(xx) Measuring Jars 100ml,200ml,500ml 02Nos. set of each size

(xxi) Gauging trowels 100mm & 200mm with wooden handle 04 Nos.

(xxii) Spatula 100mm & 200mm with long blade wooden handle 02 Nos.

(xxiii) Vernire callipers 12” and 6” sizes 02 Nos.

(xxiv) Digital PH motor least count .01mm 01 No.

(xxv) Digital Micrometer least count.01mm 01 No.

(xxvi) Digital paint thickness meter for steel 500 micron range 02 Nos.

(xxvii) GI tray 600 x450x50mm., 450x300x40mm, 300x250x40mm - 02 Nos.

(xxviii) Electric Morter mixer 0.25 CUM capacity 01 Nos.

(xxix) Rebound hammer test Digital rebound hammer 01 Nos.

(xxx) Screw Gauge 0.1mm-10mm, least count 0.05 02 No.

(xxxi) Water testing Kit 02 Nos.

(xxxii) Aggregate impact value testing

machine with blow counter As per Requirement

(xxxiii) Crushing value apparatus As per Requirement

(xxxiv) Thickness gauge for measuring flakiness index As per Requirement

(xxxv) Elongation gauge As per Requirement

(xxxvi) Measuring Cylinder 3,5,10 & 15 Liter cylinder As per Requirement

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(xxxvii) Pycnometer 02 Nos.

(xxxviii) Motorized Sieve shaker 02 Nos.

(xxxix) Hygro meter (for mud density test)

(xxxx) Integrity testing machine

(xxxx1) Any other equipment for site tests as outlined in BIS

and as directed by the Engineer-in-charge.

Three qualified laboratory engineer shall be posted at site by the contractor for colleting

samples and conducting regular testing at his own cost.

 All relevant I S codes, CPWD manual, specifications, schedule of rates, etc in hard as well as

soft copy shall be made available at site by the contractor at his own cost.

46 The contractor shall make all arrangements for foundation laying ceremony/ inaugural functionetc for the project as required at his own cost. Any expenditure already incurred/to be incurredby BRPNNL shall be recovered from the contractor.

47. A quality control Format & Check list to be provided by the Engineer in Charge for variousworks, contractors to fill the Format & Check list before execution of respective works.

48. The Insurance coverage as stipulated in General Conditions of Contract clauses shall be in the

combined name of BRPNNL and the Contractor for the whole contract period upto successful

completion and handing over. The Insurance coverage shall be on the Total value of the work

awarded to the contractor by BRPNNL.

49. Design mix concrete shall only be used for all RCC works, Produced through Batching

plant using OPC Only.

Design Mix:  The Contractor shall conduct the design mix of requisite grade for reinforced

cement concrete work in accordance with the relevant latest IS Code at his cost from any

reputed engineering institution/ IIT through the Engineer-in-charge. The Contractor shall

conduct and submit minimum 03 design mix test / reports from different sources of materials to

the Engineer-in-charge for approval. Nothing extra shall be paid for the same. Design of

concrete mix is to be repeated / redone afresh as and when directed by the Engineer-In-

charge of BRPNNL / Local Bodies / State Government / Central Government. Cost of

admixtures to be also inclusive.

50. Only OPC shall be used and no blending of fly ash /secondary cementing material shall be

permitted. During design mix if cement content shall be worked out less than as specified in

the item then necessary recovery shall be affected from the bill of the contractor. If cement

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shall be worked out more than as specified in the item then no extra payment shall be made to

the contractor.

51. The acceptance letter as mentioned in Instructions to tenderers in general Conditions of

Contract is to be given on the letter head of the company / organization and the same is to be

signed by an authorized representative of the company / organization who is empowered to

sign the documents.

52. The Contractor shall submit the test report of water to be used from a reputed Lab for his

quality/suitability for construction and curing before use in the work and this test is to be

conducted at least quarterly or as an when directed by Engineer-Incharge.

53. Witnessing of Tests by the Engineer-in-Charge: The Contractor shall make under the

direction and in the presence of Engineer-in-charge, such tests and inspections as have been

specified or as the engineer-in-charge shall consider necessary to determine whether or not

the full intent of requirements of the specifications and the other related contract documents

have been fulfilled. In case the work does not meet the full intent of the specifications and the

other related contract documents it shall be rectified by the Contractor at no extra cost and the

Contractor shall bear all the expenses for any further tests considered necessary.

54. Inspection of materials & Equipments:- The Contractor before supplying of any materials/

equipment shall give a inspection notice well in advance for inspection & testing of the same

at the manufacturing units/ shop. The expenditure on account of TA/ DA of inspecting officials

of BRPNNL & Representatives of Ministry & Consultants for the inspection of the said items

shall be borne by the contractor. However, inspection report issued by the inspecting officials

BRPNNL does not waiver of quality /performance of equipment & due quality/performance &

successful commissioning of equipment is the responsibility of contractor.

55. The final bill will be submitted by the Contractor within 90 days from the date of acceptance of

completion of work accompanied by the following documents:-

  Completion certificate issued by the Engineer In-Charge / State Government/ Owner

specifying the handing over of the work.

  No claim certificate by the Contractor.

  ‘As built’ drawings.

  Drawings for lay out of underground cables and details showing location of sluice valve

etc.

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  All operation and maintenance manuals.

  All test certificates of manufacturers and test conducted at site as well as outside

agencies.

56.  During post construction phase the contractor shall be responsible for carrying out the following

activities but not limited to the following:

i) Rectification of the defects promptly as pointed out by Engineer In-Charge /Owner’s

representative(s) during the defects liability period.

ii) Preparation & submission of “As Built Drawings”, Road register, Plant record book,

History sheet of machines, drawings for layout of underground cables, pipelines showing

locations of sluice valves etc. The formats in respect of above documents shall be got

arranged by Engineer In-Charge from the Local Bodies/State Government/Central

Government/ Owner.

iii) Submission of all operation & maintenance manuals.

Submission of “FINAL REPORT” of the completed project containing all technical &

other related details

57. HANDING OVER OF PROJECT: The contractor within 15 days from virtual completion of

Project including services shall prepare a list of all inventory submit to Engineer In-

Charge and the contractor shall be liable to maintain the Bridge, Road & other services

up to defect liabilities period. If the project is not taken over by the Engineer In-Charge /

Owner due to any reason the contractor shall provide necessary watch & ward at his

own cost till the project is handed over to the Engineer In-Charge / Owner. 

58. The contractor may have to carry out work under water/liquid or slush as per bill of quantities

and rate quoted by him shall be deemed to be included pumping out water or Dewatering etc.

 Also proper disposal of concrete spoil Malba/Solid Waste shall be responsibility of the

contractor.

59.  Along with monthly computerized running bill / final bill, the contractor shall submit a monthly

progress report showing various details, photographs of works etc as per direction of the

Engineer-in-charge in four hard copies and six soft copies. The contractor shall also submit

video-grapy of the site showing progress of work monthly. Please note that the running / final

bill payment shall only be released after submission as aforesaid.

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60.  Tender drawings enclosed with the tender documents are indicative. However, the work shall

be executed based on the good for construction drawings issued at site from time to time

and nothing extra shall be paid on this account.

61.  MINOR DETAILS OF CONSTRUCTION: 

The item rates quoted by the Contractor shall be deemed to cover for all the minor details /

requirement of construction which may not have been specifically shown on the drawings or

given in particular specifications, BOQ, but are required as per established engineering

practice.

62.  DISCREPANCY:

The Contractor shall be responsible to ensure before quoting for the work and also before

commencement and execution of work. In case of discrepancy, the Contractor shall bring it to

the notice of the Engineer-in-Charge for clarifications within 28 days of the issue of Letter of

 Acceptance. In the event of such discrepancy arising during the course of the work for which

drawings are given after the date of issue of Letter of Acceptance, the Contractor shall seek

clarifications within 14 days of receipt of such drawings. The Contractor shall take into

consideration such contingencies in the completion schedule the programme of work is

finalized and the Contractor shall not be eligible for any extension of time for such

occurrences. The decision of the Engineer-in-Charge shall be final and binding in this case.

The bidder is also advised to visit the site and seek clarifications before submitting his bid.

63. SURVEYOR

Contractor shall provide a team of skilled Surveyors for marking layout of flyover and making

permanent survey pillars/burgies for individual buildings at the beginning of the work, which

shall be preserved till completion of the Project. One theodolite and sufficient nos. of levelling

machines shall be made available at site till completion for day to day work.

64. Some of the common safety rules to be followed during working are as follows :-

  No body is allowed to enter at construction site without Safety Shoe.

  Never enter work area without Safety helmet & chin strap in place.

  No climbing/working allowed without proper safety belt above 2 m. height.

  Do not exceed the speed limit 25 Kmph within premises.

  No debris obstacles allowed on the roads & passages.

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  Do not walk on pipelines or false ceiling.

  Maintain good Housekeeping at work site.

  No photography/ Videography allowed without permission

  All Site supervisors & engineers (including subcontractor’s) must be imparted

structured training on construction safety before start of the job & record to be

maintained.

  Availability of qualified & trained Site Engineer at site during all working hours.

  Site Safety training to be imparted to all workers & plan to be made to cover every

worker.

  Tools box talk (5-15 minutes) by supervisor prior to commencement of any job.

  All accident / incidents(Near Miss) to be reported & investigated.(formats & procedure

should be finalised)

  Daily Safety Checking by Each Site Engineer along with Safety engineer.

  Weekly co-ordination meeting of all Safety engineers with BRPNNL safety officer.

  Monthly safety meeting with Site In-charges.

  All Safety equipment must be ISI marked & checked by Safety officer before use.

  Tag system for erection & use of scaffoldings.

  Bamboo/wooden Scaffolding material not allowed.

  LPG cylinders not allowed for gas cutting.

  Good Housekeeping. Separate waste bins to be used for flammable & non flammable

material.

  Safety awareness programs for workers by display of boards, posters, competitions,

talks etc.

  Deployment of Safety Supervisors for every 250 workers and part thereof at work site.

  Display of List of First Aid trained persons.

  Testing certificates for lifting tools & tackle.

  Provision & maintenance of fire extinguishers at construction site & material stores.

  Display of emergency telephone numbers at various locations.

  For work in confined space use 24 V lamp fitting & use tools with air motors or electric

tools with max. 24 V.

  For confined space entry Gas test must be done before & at regular intervals.

  Checking & tag of equipment like grinding machine, welding machine, gas cutting set

etc. by supervisors before use.

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65. Contractor shall ensure following:

1. Contractor has to maintain contact with local hospital having scanning & other ultra

modern medical facilities required during emergency including Ambulance.2. Contractor has to ensure pre employment medical check for all staff & workers.

3. Contractor has to ensure that adequate First Aid facilities with trained nurse &

ambulance are available at work site for emergency purpose. This emergency set-up

should include, but not limited to, following Male nurse (in shifts)

  Oxygen set up

  Breathing apparatus

  Eye wash facility

  Stretcher

  Trauma blanket

  Medicines.

66.  Traffic Safety and Control

 Add the following para in the end of Clause 112 4.

The Contractor shall be fully responsible for the adequate safety of all site operations and

methods of construction.

The Contractor shall submit to the Engineer detailed proposal covering safety measures

proposed to be adopted at site

Persistent breaches of the safety provisions by the Contractor and his employees shall

constitute a sufficient cause for action.

The contractor shall also observe the following additional safety provisions:

  All workmen shall use safety helmets at work site, which should be provided by

the contractor.

  All workmen shall wear reflective jackets, while working at site and in the traffic

movement zone, which should be provided by the Contractor.

  Adequate precautions shall be taken to prevent danger from electric cables, while

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digging operation is underway.

  Workers employed on bituminous works, stone crushers, concrete

batching plants, etc. shall be provided with protective goggles and suitable

footwear.

  Those engaged in welding work shall be provided with welder protective

shields.

  All scaffolds, ladders and safety devices shall be maintained in safe and sound

conditions.

  All display boards shall be of retro-reflective material and of sizes as

per IRC Specifications or as mentioned in the drawings or as approved

by the Engineer.

  In addition, if any directions are given by the 'Engineer' to augment the

safety measures, the contractor has to abide by his directions.

67. The quantities of various items as entered in the “BILL OF QUANTITIES” are indicative only

and may vary depending upon the actual requirement. The contractor shall be bound to carry

out and complete the stipulated work irrespective of the variation in individual items specified

in the bill of quantities. The variation of quantities will be governed as per clause of contract.

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SECTION – V

(FORMS OF PROPOSAL AND APPENDICES)

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QUALIFICATION INFORMATION

The information to be filled in by the Bidder in the following pages will be used for

purposes of qualification as provided in Instructions to Bidders. (This information will not

be incorporated in the Contract.)

1. STATUS

1.1 (a) Constitution or legal status of bidder

(Attach Copy)

(b) Place of registration

(c) Principal Place of business:

(d) Power of attorney of signatory of bid:

(Attach)

1.2 TURN OVER-- Please furnish the details of turn over in the following format (asper ITB 4C(i)

2007 – 2008

2008 – 2009

2009 – 2010

2010 – 2011

Total value of Civil

Engineering Construction

work executed and payments

received in the last five

financial years

2011 – 2012

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1.3 EXPERIENCE

1.3.1 Work performed as prime contractor (in the same name) on works of a similar

nature over the last. Five financial years.

ProjectName

Name ofthe

Employer

Descriptionof work

with lengthof bridge /

flyover and/or length of Approach

Road

ContractNo.

Value ofcontract

Dateof

issueof

workorder

Stipulatedperiod of

completion

 Actual dateof

completion

Remarksexplainingreasonsfor delayand workcompleted

1.3.2 Quantities of work executed as prime contractor (in the same name andstyle) in the last five years:

Quantity of work performed

Year

Name of thework withlength of

bridge and/ orlength of

 Approved

Road

Name ofthe

Employer

Wellcasting

andSinking

in M

Concreting in

BridgeWorks

(Cu. M.)

PSC inSuper

Stuctureworks

(Cu. M.)

E/W in roadembankment

in (Cu M.)

BoulderPitchingin Slope

& Appron(in Cu

M.)

Remar k

(indicate

contrac

t ref)

2007-08

2008-09

2009-10

2010-11

2011-12

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 Attach certificate(s) from competent authority..

1.4  BID CAPACITY-Information on bid Capacity (works for which bids have beensubmitted and works which are yet to be completed) as on the date of this bid.

a) Existing commitments and on – going works

Descriptionof Work

Placeand

State

ContractNo. and

Date

Name and Address of

Employer

Value ofContractRs Cr.

Stipulatedperiod of

completion

Value ofworks

remainingto be

completed

 Anticipateddate of

completion

b) Works for which bids already submitted

Description

of Work

Place

andState

Name and

 Address ofEmployer

Estimated

Value ofWorks

Stipulated

period ofcompletion

Date when

decision isexpected

Remarks, if any

1.5 METHODOLOGY--Proposed work methodology and schedule of work should beattached (description, drawings and charts may be attached if required to explain)

1.6 ADDITIONAL INFORMATION

Bidders may provide any additional information for fulfilling qualification and hiscapabilities and expertise to execute the work etc.

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SECETION - VI

SECURITIES AND OTHER FORMS

(to be filled by Bidder/Employer)

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(CLAUSE 1 OF NIT)

BID SECURITY (BANK GUARANTEE UNCONDITIONAL)

WHEREAS, ___________________________________[name of Bidder] (hereinafter called "the

Bidder") has submitted his Bid dated ____________________[date] for the construction of

 _______________________________[name of Contract hereinafter called "the Bid"].

KNOW ALL PEOPLE by these presents that We _________________________________________

[name of Bank] of _____________________________ [name of country] having our registered office

at ___________________________________________________(hereinafter called "the Bank") are

bound unto ___________________________[name of Employer](hereinafter called "the Employer")

in the sum of _____________________________*for which payment well and truly to be made to the

said Employer the Bank itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ____________ dya of __________,20____.

THE CONDITIONS of this obligation are :

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified in

the Form of Bid;

OR

(2) If the Bidder having been notified to the acceptance of his bid by the Employer during the

period of Bid validity :

(a) fails or refuses to execute the Form of Agreement in accordance with the

Instructions to Bidders, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance with the Instructionto Bidders; or

(c) does not accept the correction of the Bid Price pursuant to Clause 27.

We undertake to pay to the Employer up to the above amount upon receipt of his first written

demand, without the Employer having to substantiate his demand, provided that in his demand the

Employer will note that the amount claimed by him is due to his owing to the occurrence of one or any

of the three conditions, specifying the occurred condition or conditions.

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This Guarantee will remain in force up to and including the date ___________________**

days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders

or as it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived.

 Any demand in respect of this guarantee should reach the Bank not later than the above date.

DATE____________________________ SIGNATURE _______________________

WITNESS _________________________ SEAL _____________________________

 _____________________________________________________________________________

[Signature, name and address]

* The Bidder should insert the amount of the guarantee in words and figures denominated in

Indian Rupees. This figure should be the same as shown in Clause 16.1 of the Instructions to

Bidders.

** 45 days after the end of the validity period of the Bid. Date should be inserted by the

Employer before the Bidding documents are issued.

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[CLAUSE 4 A (vi) OF ITB]

AFFIDAVIT

(To be executed before Magistrate 1st Class / Notary Public onappropriate Stamp paper)

I ____________________________ S/o ___________________________

age _____ Resident of Village / Mohalla _________________, P.O.

 ______________, P.S. __________________ Dist. _______________, Pin

Code ____________ do hereby solemnly affirm and declare as under :-

(1) That I am the prop. / partner / Managing Director of M/s

 ______________________________________________ (Full

 Address).

(2) That the above named prop/ / firm / company is not blacklisted by

central govt. / any department of any state govt / any PSU of any state

govt. or central govt.

(3) That the said prop/ / firm / company is presently not debarred from

tendering by central govt. / any department of any state govt / PSU of

any state govt. or central govt.

(4) That I also hereby by certify that any contract awarded to us has not

been rescinded, during last one year prior to the date of this bid by

central govt. / any department of any state govt / PSU of any state govt.

or central govt.

(5) That I also affirm / undertake that all facts and documents submitted by

me are genuine and also signed by the genuine person (s).

In the case of any documents and / or information furnished is

found false or is objected to by any of the person concerned, the

Department / Nigam will be at liberty to take appropriate action.

DeponentPlace :Date :

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(CLAUSE 4 B (iii) OF ITB)

Equipments 

Sl.No.

Name of Machineries Nos. Age

i). Hydraulic rig machine

ii). Excavators / Dozers

iii). Graders

iv). Cranes (Mobile) 25 to 40 tone capacity

v) Concrete Batching Plants ( 60 cum/hr).

vi). Vibratory Road roller + pneumaticrollers

vii). Stressing Jacks

viii). Grouting setsix). Tremie concreting set

xi. Concrete Pumps

xi). Transit Mixers

xii). Truck / tippers / Dumpers

xiii). Generators 500 / Kwh capacity

xiv). Air Compressors

xv). Smooth wheeled roller

xvi). Sensor Paver Finisher (Bituminous)

xvii). Computerized Hot Mix Plant

xviii). Sensor paver finisher (WMM)

xix). Wet mix Plant (75 tone capacity)

xx). Water Tanker

xxi). Bauser (Bitumen sprayer complete self)

xxii). All necessary equipment forconducting all necessary testsshall be provided at the sitelaboratory by the contactor at hisown cost.

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CLAUSE 4 B (iv) OF ITB)

Key personnel

S. No. Key Personnel Qualification Experience in Years

1Senior Project Manager

(1 Nos)

2Planning Engineers

(1 No)

3Project Manager(Bridge Engineer)

(2 Nos)

4Highway Engineer

(1 No)

5Junior Engineers

(6 Nos)

6Quantity Surveyor

(1 No)

7

Quality Control Engineer

(1 No)

8Surveyor

(1 No)

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SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR

AVAILABILITY OF CREDIT FACILITIES

(CLAUSE 4 C (ii) OF ITB)

Date ………….. 

BANK CERTIFICATE

This is to certify that M/s. _______________________________________________ is a

reputed company with a good financial standing.

If the contract for the work, namely

 ___________________________________________is awarded to the above firm, we shall

be able to provide overdraft/credit facilities to the extent of

Rs.________________________________ to meet their working capital requirements for

executing to the above contract during the contract period.

 ______________________

(Signature)

Name of Bank

Senior Bank Manager

Address of the Bank

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(CLAUSE 4 C (iii) OF ITB)

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s ______________________

 ___________________________ would invest a minimum cash up to 25% of the value of the

work during implementation of the Contract.

 _____________________________________

(Signed by an Authorised Officer of the Firm)

 _________________________

Title of Officer

 _______________________

Name of Firm

 ______________________

DATE

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 (CLAUSE 4 C (iv) OF ITB)

Name, address and telephone, telex and fax numbers of the Bidders'

bankers who may provide references if contacted by the Employer.

 Name of the

Bank

Address Telephone

 No.

Fax No. Remarks

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(CLAUSE 4 C (v) OF ITB)

Information on litigation history in which the Bidder is involved.

Other Party(ies) Employer Cause of Dispute Amount involved Remarks showing PresentStatus

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(CLAUSE 4 C (vi) OF ITB)

Existing commitments and on-going works:

Descriptionof works

Place &State

ContractNo.

Name & Address ofEmployer

Value ofContract(Rs Cr)

StipulatedPeriod of

Completion

Value ofworks

remaining tobe completed

(Rs Cr)

 Anticipated dateof completion

1 2 3 4 5 6 7 8

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 (CLAUSE 16.1 OF ITB)

UNDERTAKING 

I, the undersigned do hereby undertake that our firm M/s

 ___________________________________________ agree to abide by this bid for a period

 __________ days for the date fixed for receiving the same and it shall be binding on us and may be

accepted at any time before the expiration of that period.

 ____________________________________

(Signed by an Authorised Officer of the Firm)

 _____________

Title of Officer

 ____________

Name of Firm

 _______

DATE

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PERFORMANCE BANK GUARANTEE

To

 _____________________________________ [name of Employer]

 _____________________________________ [address of Employer]

 _____________________________________

WHEREAS ___________________________________ [name and address of Agency]

(hereafter called "the Agency") has undertaken, in pursuance of Contract No. _______________

dated _____________ to execute _____________________________ [name of Contract and brief

description of Works] (hereinafter called "the Contract").

 AND WHEREAS it has been stipulated by you in the said Contract that the Agency shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for

compliance with his obligation in accordance with the Contract;

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

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on

behalf of the Agency, up to a total of _______________________________________ [amount of

guarantee]* _______________________________ (in words), such sum being payable in the types

and proportions of currencies in which the Contract Price is payable, and we undertake to pay you,

upon your first written demand and without cavil or argument, any sum or sums within the limits of

 _______________________________ [amount of guarantee] as aforesaid without your needing to

prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Agency before

presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the

Contract or of the Works to be performed there under or of any of the Contract documents which may

be made between your and the Agency shall in any way release us from any liability under this

guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid until 28 days from the date of expiry of the Defect Liability

Period. 

Signature and Seal of the guarantor_________________

Name of Bank _________________________________

 Address ______________________________________

Date _______________________________

 _____________________________________________________________________________

*  An amount shall be inserted by the Guarantor, representing the percentage the Contract Pricespecified in the Contract including additional security for unbalanced Bids, if any and denominated inIndian Rupees. 

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UNCONDITIONAL BANK GUARANTEE FOR ADVANCE PAYMENT

To

 _____________________________________ [name of Employer]

 _____________________________________ [address of Employer]

 _____________________________________ [name of Agency]

Gentlemen :

In accordance with the provisions of the Conditions of Contract, sub-clause 51.1 ("Advance

payment") of the above-mentioned Contract, __________________________________________

[name and address of Agency] (hereinafter called "the Agency") shall deposit with

 _________________________________ [name of Employer] a bank guarantee to guarantee hisproper and faithful performance under the said Clause of the Contract in an amount of

 _________________ [amount of Guarantee]* ______________________________ [in words].

We, the ____________________________ [bank of financial institution], as instructed by the

 Agency, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surely

merely, the payment to ____________________________________________ [name of Employer]

on his first demand without whatsoever right of obligation on our part and without his first claim to the

 Agency, in the amount not exceeding _____________________ [amount of guarantee]*

 ____________________________________________________ [in words].

We further agree that no change or addition to or other modification of the terms of the

 Agency or Works to be performed there under or any of the Contract documents which may be madebetween ______________________ [name of Employer] and the Agency, shall in any way release us

from any liability under this guarantee, and we hereby waive notice of any such change, addition or

modification.

This guarantee shall remain valid and in full effect from the date of the advance payment

under the Contract until __________________________________ [name of Employer] receives full

repayment of the same amount from the Agency.

Yours truly,

Signature and Seal :___________________________________

Name of Bank /Financial Institution________________________

 Address : ___________________________________________

Date : ______________________________________________

 _____________________________________________________________________________

* An amount shall be inserted by the Bank or Financial Institution representing the amount ofthe Advance Payment, and denominated in Indian Rupees.

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INDENTURE FOR SECURED ADVANCES

FORM 31

(for use in case in which the contract is for finished work and the Agency has entered into an

agreement for the execution of a certain specified quantity of work in a given time)

This indenture made the ______________________ day of _______________, 20_____

BETWEEN ___________________________ (hereinafter called the Agency which expression shall

where the context so admits or implies be deemed to include his executors, administrators and

assigns) or the one part and the Employer of the other part.

Whereas by an agreement dated ___________________________ (hereinafter called the

said agreement) the Agency has agreed.

 AND WHEREAS the Agency has applied to the Employer that he may be allowed advanced

on the security of materials absolutely belonging to him and brought by him to the site of the works the

subject of the said agreement for use in the construction of such of the works as he has undertaken toexecutive at rates fixed for the finished work (inclusive of the cost of materials and labour and other

charges)

 AND WHEREAS the Employer has agreed to advance to the Agency the sum of

Rupees____________________________________________________________ on the security of

materials the quantities and other particulars of which are detailed in Accounts of Secured Advances

attached to the Running Account bill for the said works signed by the Agency on__________ and the

Employer has reserved to himself the option of making any further advance or advances on the

security of other materials brought by the Agency to the site of the said works.

Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in

consideration of the sum of Rupees __________________________ on or before the execution ofthese presents paid to the Agency by the Employer (the receipt where of the Agency doth hereby

acknowledge) and of such further advances (if any) as may be made to him as a for said the Agency

doth hereby covenant and agree with the President and declare as follows :

(1) That the said sum of Rupees _____________________________ so advanced by the

Employer to the Agency as aforesaid and all or any further sum of sums advanced as

aforesaid shall be employed by the Agency in or towards expending the execution of the said

works and for no other purpose whatsoever.

(2) That the materials details in the said Account of Secured Advances which have been offered

to and accepted by the Employer as security are absolutely the Agency's own propriety and

free from encumbrances of any kind and the Agency will not make any application for orreceive a further advance on the security of materials which are not absolutely his own

property and free from encumbrances of any kind and the Agency indemnified the Employer

against all claims to any materials in respect of which an advance has be made to him as

aforesaid.

(3) That the materials detailed in the said account of Secured Advances and all other materials

on the security of which any further advance or advances may hereafter be made as

aforesaid (hereafter called the said materials) shall be used by the Agency solely in the

Execution of the said works in accordance with the directions of the Engineer.

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(4) That the Agency shall make at his own cost all necessary and adequate arrangements for the

proper watch, safe custody and protection against all risks of the said materials and that until

used in construction as aforesaid the said materials shall remain at the site of the said works

in the Agency's custody and on his own responsibility and shall at all times be open to

inspection by the Engineer or any officer authorized by him. In the event of the said materials

or any part thereof being stolen, destroyed or damaged or becoming deteriorated in a greaterdegree than is due to reasonable use and wear thereof the Agency will forthwith replace the

same with other materials of like quality or repair and make good the same required by the

Engineer.

(5) That the said materials shall not be any account be removed from the site of the said works

except with the written permission of the Engineer or an officer authorized by him on that

behalf.

(6) That the advances shall be repayable in full when or before the Agency receives payment

from the Employer of the price payable to him for the said works under the terms and

provisions of the said agreement. Provided that if any intermediate payments are made to the

 Agency on account of work done than on the occasion of each such payment the Employerwill be at liberty to made recovery from the Agency's bill for such payment by deducting there

from the value of the said materials that actually used in the construction and in respect of

which recovery has not been made previously, the value for this purpose being determined in

respect of each description of materials at the rates at which the amounts of the advances

made under these presents were calculated.

(7) That if the Agency shall at any time make any default in the performance or observance in

any respect of any of the terms and provisions of the said agreement or of these presents the

total amount of the advance or advances that may still be owing of the Employer shall

immediately on the happening of such default be repayable by the Agency to be the Employer

together with interest thereon at twelve per cent per annum from the date or respective dates

of such advance or advances to the date of repayment and with all costs, charges, damages

and expenses incurred by the Employer  in or for the recovery thereof or the enforcement of

this security or otherwise by reason of the default of the Agency and the Agency hereby

covenants and agrees with the Employer   to reply and pay the same respectively to him

accordingly.

(8) That the Agency hereby charges all the said materials with the repayment to the Employer of

the said sum of Rupees __________________________________________ and any further

sum of sums advanced as aforesaid and all costs, charges, damages and expenses payable

under these presents PROVIDED ALWAYS and it is hereby agreed and declared that

notwithstanding anything in the said agreement and without prejudice to the power contained

therein if and whenever the covenant for payment and repayment here in before contained

shall become enforceable and the money owing shall not be paid in accordance there with the

Employer  may at by time thereafter adopt all or any of the following courses as he may deem

best :

(a) Seize and utilise the said materials or any part thereof in the completion of the said

works on behalf of the Agency in accordance with the provisions in that behalf

contained in the said agreement debiting the Agency with the actual cost of effecting

such completion and the amount due to the Agency with the value of work done as if he

has carried it out in accordance with the said agreement and at the rests thereby

provided. If the balance is against the Agency, he is to pay same to the Employer  on

demand.

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(b) Remove and sell by public auction the seized materials or any part there of and out of

the moneys arising from the sale retain all the sums aforesaid repayable or payable to

the Employer  under these presents and pay over the surplus (if any) to the Agency.

(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due

to the Agency under the said agreement.

(9) That except in the event of such default on the part of the Agency as aforesaid interest on the

said advance shall not be payable.

(10) That in the event of any conflict between the provisions of these present and the said

agreement the provisions of these presents shall prevail and in the event of any dispute or

difference arising over the construction or effect of these presents the settlement of which has

not been here-in-before expressly provided for the same shall be referred to the Employer

whose decision shall be final and the provision of the Indian Arbitration Act for the time being

in force shall apply to any such reference.

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Letter of Acceptance

(Letterhead paper of the Employer)

 __________________________(Date)

To

 ______________________________________ (Name and address of the Agency)

 ______________________________________

 ______________________________________

Dear Sirs,

This is to notify you that your Bid dated _________________ for execution of the

 _____________________________________________ (name of the contract and identification

number, as given in the Instructions to Bidders) for the Contract Price of Rupees

 _____________________________________ (________________________) (amount in words and

figures), as corrected and modified in accordance with the Instructions to Bidders1 is hereby accepted

by our agency.

Your are hereby requested to furnish Performance Security, in the form detailed in Clause-I of

General Condition of Contract for an amount equivalent to Rs. ____________ within 10 days of thereceipt of this letter of acceptance valid up to 28 days from the date of expiry of defects Liability

Period i.e. up to _____________________ and sign the contract, failing which action as stated in ITB

will be taken.

Yours faithfully,

 Authorized Signature

Name and title of Signatory

Name of Agency

 _____________________________________________________________________________

1 Delete "corrected and" or "and modified" if only one of these actions applies. Delete as correctedand modified in accordance with the Instructions to Bidders, if corrections or modifications have notbeen affected.

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Issue of Notice to proceed with the work

(Letterhead of the Employer)

 _________________________(Date)

To

 ________________________________________(Name and address of the Agency)

 ________________________________________

 ________________________________________

Dear Sirs,

Pursuant to your furnishing the requisite security as stipulated in ITB and signing of the

Contract for the construction of _____________________________

 _________________________________________________________________________________ 

 _______________________________________________________________at a Bid Price of

Rs._________________________________________________________.

You are hereby instructed to proceed with the execution of the said works in accordance with

the contract documents.

Yours faithfully,

(Signature, name and title of signatory authorizedto sign ob behalf of Employer)

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Agreement Form

( To be singed on Rs. 100/- Non Judicial Stamps Issued in favour of

Sr. Project Engineer, Works Division, .................... B.R.P.N.N. Ltd.)

Agreement

This agreement, made the _______________ day of ______________ between

 _____________________________________________________________________________

(name and address of Employer's representative) hereinafter called employer's representative as one

part ______________________________________________________________________ (name

and address of Agency) ["the hereinafter called "the Agency" of the other part.]

Whereas the Employer is desirous that the Agency execute

 _____________________________________________________________________________

(name and identification number of Contract) (hereinafter called "the Works") and the Employer has

accepted the Bid by the Agency for the execution and completion of such works and the remedying of

any defects therein, at a cost of Rs. ______________________________________

 _____________________________________________________________________________

NOW THIS AGREEMENT WITNESSETH as follows :

1. In this Agreement, words and expression shall have the same meanings as are respectively

assigned to them in the conditions of contract hereinafter referred to and they shall be deemed to form

and be read and construed as part of this Agreement.

2. In consideration of the payments to be made by the Employer to the Agency as hereinafter

mentioned, the Agency hereby covenants with the Employer to execute and complete the Works and

remedy any defects therein in conformity in all aspects with the provisions of the contract.

3. The Employer hereby covenants to pay the Agency in consideration of the Execution and

completion of the Works and the remedying the defects wherein Contract Price or such other sum as

may become payable under the provisions of the Contract at the times and in the manner prescribed

by the Contract.

4. The following documents shall be deemed to form and be ready and construed as part of this Agreement viz.

(i) Letter of Acceptance

(ii) Notice to proceed with the works;

(iii) Agency's Bid

(iv) Condition of Contract : General and Special

(v) Contract Data

(vi) Additional condition

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(vii) Drawings

(viii) Bill of Quantities and

(ix) Any other documents listed in the Contract Data as forming part of the Contract.

In witnessed whereof the parties there to have caused this Agreement to be executed the dayand year first before written.

The Common Seal of _____________________________________________________ was

hereunto affixed in the presence of :

Signed, Sealed and Delivered by the said ____________________________

 _____________________________________________________________________________

in the presence of :

Binding Signature of Employer's representative Binding Signature of Agency

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