Standard Bidding Document: Municipal Council Bahadurgarh

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MUNICIPAL COUNCIL BAHADURGARH
Standard Bidding Document
[Signature of Contractor No. of Correction Signature of M. E.]

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TABLE OF CONTENT
Sr. No. Content Pages
Invitation for Bids 3
Tender Notice for Press 3
Detailed Notice Inviting Tender 8-9
Section 1 Instructions to Bidders 10-21
Section 2 Qualification Information and Other Forms 22-29
Section 3 Conditions of Contract 30-41
Section 4 Special Conditions of Contract 42-49
Section 5 Contract Data 50-57
Form of Bank Guarantee for Bid Security 58
Form of Performance Bank Guarantee 59
Bill of Quantity 60

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INVITATION FOR BIDS

Item wise sealed bids on agreement basis are invited by the undersigned, on behalf of President, M.C.
Bahadurgarh, from Contractors/LandC Societies of eligible class registered with MUNICIPAL COUNCIL
BAHADURGARH (JHAJJAR) Department or any branch of P.W.D. Haryana. Contractors registered with
CPWD, MES, Railways, Central Government, other State Governments or State Government undertakings,
PSUs are also eligible for participation in the bid shown in the table below: -
MUNICIPAL COUNCIL BAHADURGARH (JHAJJAR)

“ E-Tender Notice”
Sr. JOB Name of Work Estimated Bid EMD Document Download and Tender Time limit
No. Cost in lacs Document (Rs.) Bid Submission Opening for
cost in Rs. Date completio
Start Date Close Date n of wok
1 860 Providing & installation of 7 Mtr 2343360 1000 47000 08/01/2019 14/02/2019 15/02/2019 3 Months
Street Light Poll from Parnala fatak
to MC Limit ward no 09
Bahadurgarh City
Street Light Poll from Rohtak road
to Nahra Nahri road ward no 17 &
19 Bahadurgarh City
Street Light Poll from Sector 6 road
to BSM School 66 foota road in
Bahadurgarh City
Street Light Poll from Badli Chungi
to Gandhi Chowk & Badli Chungi to
Mela Ground road in ward no 24 &
25 Bahadurgarh City
For further details visit website http://etenders.hry.nic.in

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Key Dates for online tenders works: -
1. Time and date of online publication 08/02/2019 from 18.55 hrs.

2. Time and date downloading from 18.55 hrs. On dated 08/02/2019 up to 18:55 hrs on 14/02/2019.
3. Time and date submission from 18.55 hrs. On dated 08/02/2019 up to 18:55 hrs on 14/02/2019.
4. Time and date opening of tender 11:00 hrs. On 15/02/2019.
TERMS and CONDITIONS:-
1- EMD Fees and Bid Document Fees shall be deposit by the Bidder in ICICI
Bank Bahadur garh A/c no. 046101001683 (IFSC Code : ICIC0000461) in
favour of Executive Officer , Municipal Council Bahadur gar h .
OTHER IMPORTANT NOTES:-

1- Bidding documents any other instructions can be downloaded and viewed online from the portal
http://etenders.hry.nic.in by the societies/Contactors registered on the portal.
2- All tenders process will be carried out online through above mentioned websites/ contractors/societies are
advised to procure e-Token /digital signing certificate as suitable for venders from any recognized agency
authorities. One such agency is N-code whose is SCO No. 1033-33, Sector-22-B, Chandigarh-09922117700
and No. 09823033111 and other one is Tata consultancy Services, the Service providers Electronic Tendering
System.
3- No work will be executed in unauthorized colony.
4- The Contractor are full responsible for quality, quantity and sampling from any agency.
5- Contractors are directed either they upload the dully signed scan copy of whole NIT with online
submission or submit the duly signed copy of ONLY NIT (Hard Copy) in the office of
Municipal Council Bahadurgarh before the time of opening of Tender positively.
6- Bidder are requested to read carefully all term and conditions and specifications of DNIT. ALL
Bidders are requested to avoid Small Savings Instrument, Demand Draft, Banker Cheque,
Bank Guarantee Irrevocable and offline at the time of fee payment on online portal. They
instructed to submit their fee submission receipt no. and date and amount which will be
submitted in Axis Bank account of M. C. Bahadurgarh as decided by Municipal Council
Bahadurgarh.
7- No work will be executed in unauthorized colony.
8- Technical Bid will be opened Only of those Agencies on schedule date and time who deposit the
eligibility documents, Tender Fees and EMD Amount online above mentioned account and also qualify
the bid eligibility criteria. The cost of bid document cum tender form fee is not refundable any
circumstances.
9- ALL Bidder s ar e r equested to avoid Small Savings Instr ument, Demand Dr aft, Banker Cheque, Bank
Guar antee Ir r evocable and offline at the time of fee payment on online por tal. They instr ucted to submit
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their fee submission r eceipt no. and date and amount which will be submitted in ICICI BANK account
of Municipal Council Bahadur gar h as decided by Municipal Council Bahadur gar h.
10- Rate taken is for Estimate purpose only. Quantity may be differ as per
requirement and condition of Site.
11- All Bidder requested to mention Job No. on their fee receipt clearly.
12- All bidder requested to provide their Mobile No. and Email ID in their
technical BID.

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1. Eligibility Criteria:
A) The bidder should be enlisted in appropriate category with MUNICIPAL COUNCIL BAHADURGARH, P.W.D.
(B&R), and Public Health engineering Department, Irrigation department, water resources department,
Haryana State agricultural & Marketing Board, HUDA and Panchayati raj Department, of Haryana or
registered with any other Govt. Department of Govt. undertaking.
B) The bidder purchase LED Light from manufacturer of LED Street Lights fitting approval form PWD
Department Haryana/Municipal Corporation Haryana/HAREDA such as Bajaj Crompton, GE,
Philips, wipro, Mayfair, Surya roshni, HPL, Halonix, Insta, Havell's, Ecolite, C&5 Electric, Polycab,
SE-Sangwan Energy, Legero or equlent etc :-
i. Manufacturer of LED Lights fitting should have a manufacturing base in India and should be in the
field of LED Lights for the last 6 years and should be certified by Chartered Accountant.
ii. Average Annual financial turnover of the Manufacturer of LED lights fitting which the contractor
purchase must have during the last 3 financial years, ending 31st march of the previous financial
years, should be at least rs. 15 Crore. The Manufactured should be profitable and should have
positive net worth in last 3 financial years.
iii. The Manufactured of LED street Lights fitting should be an ISO 9000 and ISO 14001 certified.
Manufacturers having manufacturing facility in the state of Haryana shall be preference to
generate revenue in terms of taxes etc in case the rates of two agency happens to be same.
iv. The Manufacturer of the LED Lights fittings should have in house Design & Development facility of
the LED lights fittings and their electronic derivers.
v. The manufacturer of LED lights fittings should have an in house manufacturing facility for
electronic drivers and PCBs.
vi. The manufacturer of LED lights fittings should have the following infrastructure
a) Dust free air conditioned environment for assembly of LED modules and PCBs.
b) Temperature controlled automatic wave soldering machine with auto fluxing facility for
through hole devices.
c) Automatic temperature controlled re flow soldering machine for surface mounted devices.
d) Automatic Pick and Place machine of LED and electronic components.
e) Stencil and solder paste application machine for surface mounted devices.
f) Heat chamber having minimum range of 0-60 C with alternate arrangement of standby power
supply for carrying out endurance tests.
g) Immunity tester for testing of electronic driver.
h) Environmental chamber for life cycle testing of LED lights under different environmental
conditions of ambient temperature (-10o to 00o C) and humidity (upto 95%)
i) Integrating sphere.
j) Thermal imager
Vii. The Manufacturer of LED lights fitting should have approval form PWD Department
Haryana/Municipal Corporation Haryana/HAREDA such as Bajaj Crompton, GE, Philips, wipro,
Mayfair, Surya roshni, HPL, Halonix, Insta, Havell's, Ecolite, C&5 Electric, Polycab, SE-Sangwan
Energy, Legero or equlent etc.
Viii. The manufacturer should have Sales Tax Registration in State.
ix. The Manufacturer of LED lights fitting should in house R&D lab testing facility approved by
government of India/NABL. All relevant test certificates shall be provided free of cost by the
manufacturer/bidder to the inspecting officer at the time of inspection.
x. The bidder of LED lights fitting will provide a onsite Guarantee/Warranty certificate applicable of
minimum 5 years from the date of commissioning of LED lights fittings on NJSP of Rs. 10.
xi. The Street Light Pol will be purchased from any reputed company.
E) In case the samples of LED light fittings doesn't meet desired parameters during pre dispatch
inspection/testing. However the manufacturer of LED lights fittings should quality the criteria mentioned

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above. The LED fittings must be supplied from the same lot which has been offered for pre dispatch
inspection/testing. The bidder of LED lights fittings will offer the LED lights fittings for pre dispatch
inspection/Testing at supplier works.
The cost of all relevant tests will be borne y bidder and all relevant test certificates shall be provided free
of cost by the bidder to the inspecting officer at the time of inspection.
The bidder should not be blacklisted by any govt. /semi govt. /PSU during last 3 years from the date of
publish of tender.

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Detailed Notice Inviting Tender
Item wise sealed Bids on Agreement Basis are hereby invited by the EXECUTIVE OFFICER, MUNICIPAL COUNCIL
BAHADURGARH on behalf of President, M.C. Bahadurgarh from the Contractors/LandC Societies of eligible class registered with
MUNICIPAL COUNCIL BAHADURGARH (JHAJJAR) Department or any branch of P.W.D. Haryana. Contractors registered with
CPWD, MES, Railways, Central Government, other State Governments or State Government undertakings, PSUs are also eligible for bid
shown in the table with the following terms and conditions:-
1. Bid document can be purchased from the office of EXECUTIVE OFFICER, MUNICIPAL COUNCIL BAHADURGARH
or can be downloaded from the website https://etenders.hry.nic.in from the date of publication up to 14/02/2019 for a non-
refundable cost of bid document of Rs 1000/- In case of online bids (ONLINE payments) the scanned copy of instruments
(receipt) for payment of cost of document shall be up loaded with the online bid submission.
2. Any registered contractor can purchase the bid documents after payment of the requisite cost.
Key Dates for online tenders works:-
1. Time and date of online publication 08/02/2019 from 18.55 hrs.

2. Time and date downloading from 18.55 hrs. On dated 08/02/2019 up to 18:55 hrs on 14/02/2019.
3. Time and date submission from 18.55 hrs. On dated 08/02/2019 up to 18:55 hrs on 14/02/2019.
4. Time and date opening of tender 11:00 hrs. On 15/02/2019.
2. All Bids will be opened by the EXECUTIVE OFFICER/SECRETARY AND MUNICIPAL ENGINEER, MUNICIPAL
COUNCIL BAHADURGARH at 11.00 Hrs. On 15/02/2019 in the presence of bidders or their duly authorized representatives
who may like to be present.
4. If bid receiving/opening day happens to be a holiday, bids will be received/opened on the next working day at the same time and
venue.
5. Conditional/Telegraphic bids will not be accepted.
6. The validity of bid is 90-days from the date of opening.
7. The competent authority reserves the right to accept or reject any or all the bids received without assigning any reasons thereof.
8. The LandC societies shall produce an attested copy of the resolution duly approved by the Co-Operative department along with
technical bids.
9. The bid without earnest money will not be opened.
10. The bid of the bidder, who does not satisfy the qualification criteria in the bid documents, are liable to be rejected summarily
without giving any reason and no claim whatsoever on this account.
11. The details of items of work/plan, sanction, drawing, specification can be seen in the office of the EXECUTIVE OFFICER,
MUNICIPAL COUNCIL BAHADURGARH on any working day.
12. The Contractor shall execute the whole and every part of the work in the most substantial and satisfactory manner and both as
regards materials and otherwise in every respect, in strict accordance with the specifications. The Contractor shall also conform
exactly, fully and faithfully to the designs, drawing and instructions in writing relating to the work signed by the EXECUTIVE

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OFFICER Incharge and lodged in his office and to which the Contractor shall be entitled to have access at such office or site of
the work for the purpose of inspection during office hours and the Contractor shall, if he so requires, be entitled at his own
expense, to make or cause to be made copies of specifications and of all such design, drawing and instructions, as aforesaid. A
certificate of having executed works as per approved design and specification, etc. shall be given by the Contractor in his each
monthly bill. The specification of works, material, and methodology of execution, drawing and design shall be signed by the
Contractor and EXECUTIVE OFFICER while executing agreement and shall form part of agreement.
13. In case of online bids (e-tendering) all the prospective bidders are required to possess digital signature certificate (DSC) through
any certifying authority designated by the Govt. of India and enroll themselves and DSC on the website is to be used for tender
purposes.
14. Prospective bidders are encouraged to seek help specifically provided for contractors on the e-tender portal for submission
process of the bids and the bidder will be solely responsible for any error in online submission of the bid.
15. The jurisdiction of court will be at Bahadurgarh.

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SECTION 1
INSTRUCTIONS TO BIDDERS

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Instruction to Bidders
Table of Contents
Clause Content Page Clause Content Page
No. No.
A. General 10-15 D. Submission of Bids 18-19
1. Scope of Bid 10 18. Submission of Bids 18-19
2. Source of Funds 10 19. Deadline for submission of 19
bids
3. Eligible Contractor/ 10 E. Opening of Bids and Evaluation 19-22
Agencies
4. Qualification of Bidders 10-14 20. Bid Opening 19-20
5. One Contractor/Agency per 14 21. Process to be Confidential 20
Bid
6. Cost of Bids 15 22. Clarification of Financial 20
Bids
7. Site Visit 15 23. Examination of Bids and 21
Determination of
Responsiveness
B. Bid Documents 15-16 24. Correction of Errors 21
8. Bid documents 16 25. Evaluation and 21-22
Comparison of Financial
Bids
9. Pre-bid meeting: (Mandatory 16 F. Award of Contract 22-24
for work of value more than
Rs. 2.00 crore)
10. Amendment of Bid 16 26. Award of Contract 22
Documents
C. Preparation of Bids 16-18 27. Notification of Award and 22
Signing of Agreement
11. Documents comprising bid 16 28. Performance Security 22-23
12. Contract Price 17 29. Debarring 23
13. Validity of Bids 17 30. Completion of work 23
14. Currency of the Bid and 17 31. Withdrawal of items 23
Payment
15. Earnest Money 17-18 32. Corrupt or Fraudulent 23
Practices
16. Forfeiture of Earnest Money 18 33. 24
17. Format and signing of bids 18 G. Joint Venture 24
34. Terms and conditions for 24-25
Joint Venture (JV)

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Section 1. Instructions to Bidders
A. General
1. Scope of Bid 1.1 The EXECUTIVE OFFICER, MUNICIPAL COUNCIL BAHADURGARH on behalf of President, M.C.
Bahadurgarh invites bids for the construction of works, detailed in the table given in the Detailed Notice
Inviting Tender (DNIT).
1.2 The eligible Contractor/Agencies may submit bids for any or all of the works. (Submission of bids by E-
tendering for the works costing Rs. 5 Lacs and more is mandatory).
1.3 The successful Contractor/agency will be expected to complete the works by the intended completion
date specified in the Contract data.
2. Source of Funds 2.1 The expenditure on this project will be met out from the CFC Grant.
3. Eligible 3.1 This N.I.T is open to all the eligible Contractors/Agencies and Labour and Construction Societies of
Contractor/Agencies appropriate class, as defined in the instructions for Invitation For Bid (IFB). Any material, equipment and
services to be used in the performance of the Contract shall have its origin as per relevant Haryana PWD
specifications with latest amendments and applicable I.S Codes, PWD Code and other relevant rules in
force.
3.2 The bidder should neither be associated nor should have been associated in past, directly or indirectly
with the consultant or any other entity that has prepared the design specifications and other documents for
the scheme or being proposed as Project Manager for the Contract. A firm/Agency that has been engaged
by the Employer to provide consultancy service for the preparation or supervision of the works, and any
of its affiliates, shall not be eligible for bidding.
4. Qualification of 4.1 All eligible Contractor/societies shall attach the following documents with their bids and shall provide
Bidders required information on the forms of bid and qualification information on the Contractor Bid. In case of
online bids all bidders/contractors/societies will upload scanned copies of following documents
digitally self attested/signed:
(a) Attested Copies of original documents defining the constitution or legal status, place of registration,
copy of enlistment, license fee receipt for the previous assessment year, place of business, written
power of attorney of the signatory for bid to submit the bidder.
(b) NA
(c) NA
(d) Details of major items of construction equipment proposed to carry out the Contract, specifying
whether the same is owned or hired.
(e) Qualification and experience of key site management and technical personal proposed for the
Contract.
(f) Information regarding any current litigation in which the Contractor/Agency is involved with
detail of parties concerned and disputed amount along with details of any ongoing arbitration cases.
(g) Details of works abandoned/terminated with reasons thereof.
(h) Authority to seek reference from the bidders from their bankers.
(j) The proposed methodology and programmer of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedure proposed to be
adopted, justifying their capacity of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones (for all contracts over Rs.
5 crore).

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(k) Income Tax clearance certificate for the previous year.
4.2 (i) Special works:

Construction/repair of building, metalling of roads etc. or any other work which may be
specified as special work under this Sub Clause, the work will be considered as special work.
(In case any work is not properly classified, the Chief Engineer concerned will categorize the
same).
Works in one group, either covered in (a) or (b) above, shall be considered as similar works for any
individual work given in these groups. However, for Special Works, only the same type of work
shall be considered as similar work.
(ii) For the works covered under 4.2 (i) (a and c) above, following qualification criteria will be
followed:
(A) The Contractor/Agency bearing the license of Rs. up to 25.00 Lac.
(a)
(b)
4.1 NA
4.2 NA
4.3 NA
5. One Each Contractor shall submit only one bid. A Contractor who submits more than one bid for each
Contractor/Agency work will be disqualified.
Per Bid
6. Cost of Bids Contractor/Agency shall bear all costs to submit their bid for the work and the ULB department will
in no case be responsible and liable for those costs.
7. Site Visit 7.1 The Contractor/Agency is advised to visit and examine the site of works and its surroundings
and obtain for himself on his own responsibility and at his own cost all information that may
be necessary for preparing the bids and entering into a Contract for construction of works. The
costs of visiting the site shall be at the Contractor’s /Agency‟s own expense.
7.2 The Bidder must visit and see for himself the site conditions including the geological and
hydraulic data before bidding. The MUNICIPAL COUNCIL BAHADURGARH (JHAJJAR)
Department will not be responsible if any of the information mentioned in the site
investigation report is found at variance with the site conditions during execution of the work,
and consequences thereof, and nothing extra will be payable to him after approval of the
tender rates on account of any variation discovered therein.
7.3 Contractor/Agency must assess the availability of sufficient good quality water for construction
purposes including that for curing as specified. The Contractor/Agency should examine the route
for carriage of construction material upto site of work
B. Bid Document
8. Bid Documents 8.1 Contents of Bid Document As per table the set of bidding documents comprises the documents
listed below and addenda issued in accordance with Clause 10:
Section Particulars
Invitation for Bids
1 Instructions to Bidders
2 Qualification Information, and other forms
3 Conditions of contract
4 Special Conditions of Contract
5 Contract Data
6 Technical Specification
7 Form of bid
8 Bill of Quantities
9 Securities and other forms
10 Drawings
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11 Documents to be furnished by bidder
8.2 The bidder is expected to examine carefully all instructions, conditions of contract, contract
data, forms, terms, technical specifications, bill of quantities, annexure and drawings in the
Bid Document. Failure to comply with the requirements of Bid Documents shall be at the
bidder‟s own risk. Pursuant to clause 23.3hereof, bids which are not substantially responsive
to the requirements of the Bid documents shall be rejected.
8.3 Clarification of bidding documents: A prospective bidder requiring any clarification of the
bidding documents may notify the Employer in writing or by cable (hereinafter “cable”
includes telex and facsimile) at the Employer‟s address indicated in the invitation to bid. The
Employer will respond to any request for clarification which he received earlier than 15 days
prior to the deadline for submission of bids. The Employer‟s response will be forwarded to the
enquiring bidder and also uploaded on the website for the information of all the bidders
including a description of the enquiry but without identifying its source.
9. Pre-bid meeting: 9.1 The prospective bidder or his official representative is invited to attend a pre-bid meeting which
(Mandatory for work will take place at the address, venue, time and date as below. Date and Time
of value more than Rs. …………………………………… Venue ……………………………………
2.00 crore)
9.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that
may be raised at that stage.
9.3 The prospective bidder is requested to submit any questions in writing or by cable to reach the
Employer/Engineer not later than one week before the meeting.
9.4 Minutes of the meeting, including the text of the questions raised (without identifying the
source of enquiry) and the responses given will be transmitted without delay to the enquiring
bidder and also uploaded on the website for the information of all the bidders including a
description of the enquiry but without identifying its source. within 7 days. Any modification of
the bidding documents listed in Clause 8, which may become necessary as a result of the pre-
bid meeting shall be made by the Employer exclusively through the issue of an Addendum and
corrigendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting only.
The minutes will also be posted on the website.
9.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a prospective
bidder.
10. Amendment of Bid 10.1 Before the deadline for submission of bids the Engineer may modify the bidding documents by
Documents issuing Corrigendum.
10.2 Any corrigendum so issued shall be part of the bid documents and shall be communicated to the
Contractor/ agencies who attended the pre-bid conference and will also be uploaded on the website
for information of others.
10.3 To give reasonable time to take corrigendum into account in preparing the bid, the Engineer may,
at his discretion extends as necessary the dead
line for submission of bids.
10.4 For online bids the corrigendum shall be available on website prescribe for e-tendering.
C. Preparation of Bids
11. Documents 11.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Purchaser
comprising bid shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
11.2 The bid to be submitted by the bidder (refer Clause 8.1) shall be in two separate parts:
Part-I shall be named “Technical Bid” which will be submitted online, unless
otherwise specified in the NIT and scanned copies of all the requisite
documents will be uploaded and original documents will be submitted upto the
time of opening of bids , till allowed to do so and it will include the following:-
(i) For bidding documents downloaded from website (refer IFB), the
cost of bidding document will be paid as specified.
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(ii) Bid Security in the form specified under clause 15.

(iii) Qualification Information and supporting documents as specified in
Section-2.
(iv) Certificate, undertakings, affidavits as specified in Section 2.
(v) Information pursuant to Clause 4 of Section 1.
(vi) Undertaking that the bid shall remain valid for the period specified in
Clause 13 of Section 1.
Part-II shall be named “Financial Bid” and shall comprise of:
(i) Form of Bid as specified in Section 7.
(ii) (Priced Bill of Quantities for items specified in Section 8.
(iii) Both bids will be submitted online in accordance with Clause 19 unless otherwise specified.
11.3 All documents relating to the bid shall be in the Hindi/English language.
12. Contract Price 12.1 The Contract price shall be for the whole work based on the priced bill of quantities submitted by
the Contractor/Agencies.
12.2 The Contractor/Agency shall fill the rates and prices for all the items in the works described in the
bill of quantities. Items for which no rate or price are entered by the Contractor/Agency will not be
paid for by the Engineer when executed and shall be deemed to be covered by other rates and price
in bill of quantities. Corrections, if any, shall be made by crossing out and initialing with date and
rewriting.
12.3 All duties, taxes and other levies payable including any royalty if payable on account of minor
minerals as per rules, by the contractor as applicable from time to time, or for any other cause shall
be included in the rates, prices and total Bid Price submitted by the Bidder.
12.4 The rate and price quoted by the bidder shall be fixed for the duration of the Contract and shall not
be subject to adjustment on any account (for contracts up to 12 months period).
Or
The rates and prices quoted by the bidder are subject to adjustment during the performance of
Contract in accordance with the provision of Clause 43 of the Conditions of Contract (for Contracts
with more than 12 months as completion period).
13. Validity of Bids Bids shall remain valid for a period of 90 days after the date of opening of the tender. Any
received bid valid for a shorter period will be rejected by the Engineer as non-responsive. In case
of exceptional circumstances, prior to the expiry of the original time validity, the Engineer may
request the bidders to extend the period of validity for specific additional period along with the
extension of instrument of the earnest money.
14. Currency of the The unit rates and the price shall be considered in Indian Rupees and all Bid and payment shall be
made in Indian Rupees.
15. Earnest Money 15.1 The Contractor/Agency shall furnish Earnest Money for the amount as specified. The earnest money
shall be in favour of EXECUTIVE OFFICER, MUNICIPAL COUNCIL BAHADURGARH and
may be in the shape of DD only from any scheduled bank as specified and should be valid for 45
days beyond the validity period of bid as specified in clause 13. The Scanned copy of the
instrument of the Earnest Money will be uploaded with online technical bid.
15.2 Any tender not secured as indicated above shall be rejected by the Engineer as non responsive.
15.3 The Earnest money of unsuccessful Contractors/agencies will be returned after 45 days of the
validity period of the bids, as specified in clause 13 or when the successful agency has signed the
agreement, and furnished the performance security, and other documents as specified, if any,
whichever is earlier.
15.4 The Earnest money of the successful Contractor/agency will be discharged when the
Contractor/agency has signed the agreement and furnished the performance security and submitted
the program of work as required under Clause 27.
16. Forfeiture of 16.1 The Earnest money will be forfeited:
Earnest Money (i) if the Contractor/agency withdraws his/her bid during the period of bid
validity;
(ii) in case the successful Contractor/agency fails within the specified time limit,
to sign the agreement or furnish the required performance security;
(iii) in case where it is discovered at any stage before the allotment of work to the
Contractor, that he had/has made misleading or false statements in order to get
the work allotted. This would be in addition to and without prejudice to the right
of the Engineer to take any other legal action against the Contractor.
17. 17.1 The original and copies of the bid shall be typed or hand written and shall be signed by a person or
Format and signing of persons duly authorized to sign on behalf of the Contractor/agencies. The person who has signed
bids the bid documents shall initial all pages of the bid documents where entries or amendments have
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been made. All documents attached with the bid should be duly signed by the authorized signatory
with date.(For ONLINE Mode)
17.2 The rates should be per unit and written in figures, words along with worked out amount. In
case of error, the rates written in words will prevail. However, if the rates are given in one form
only, then the same shall be considered.
17.3 The bid documents shall contain no alterations or additions, except those to comply with instructions
issued by the Engineer, or as necessary, to correct errors made by the Contractor/agency, in which
case such corrections shall be initialed by the persons signing the bid document.
(For ONLINE Mode)
17.4 Bidders shall submit offers that fully comply with the requirements of the bidding documents,
including the conditions of contract, basic technical design as indicated in the drawing and
Specifications. Conditional offer will not be considered further in the process of bid evaluation.
D. Submission of Bids
18. Submission of Bids 18.1 Submission of Bids (First Online submission and after that ONLINE Submission)
(a) The Contractor/Agency shall seal the original and copy of the bids in separate envelopes,
marked “original” and “copy” and put these envelopes insides one another envelope,
addressed to the Engineer at the following address. EXECUTIVE OFFICER, MUNICIPAL
COUNCIL BAHADURGARH Do not open Before.
(b) If the envelope is not sealed and marked as above the Engineer will assume no responsibility
for the misplacement or premature opening of the bid.
(c) The envelope containing documents of Technical Bids which cannot be submitted online (i)
be addressed to the Engineer at the address given in Contract Dates, (ii) bear the
identification as indicated in clause 20.1 above.
18.2 Submission of Bids (Online) Online submission of bids will be as per the detailed
instructions/ONLINEs provided on the portal of E-tendering service provider.
19. Deadline for 19.1 Bids must be submitted to the Engineer at the above address not later than scheduled time and
submission of bids date. The Engineer may extend the deadline for submission of bids, by issuing an amendment in
which case all rights and obligations of the Engineer and the Contractor/Agencies previously
subject to the original deadline will then be subject to the new deadline.
19.2 Any bid received by the Engineer after the deadline prescribed will not be entertained and will be
returned unopened.
19.3 No bid can be modified after the deadline for submission of bids.
E. Opening of Bids and Evaluation
20. Bid Opening 20.1 The Engineer will open all the Bids received (except those received late), including modifications
made pursuant to Clause 10, in the presence of the Bidders or their representatives who choose to
attend at time, date and the place specified in clause 19 in the manner specified in Clause 20 of
Section 2. In the event of the specified date of Bid opening being declared a holiday, the Bids will
be opened at the appointed time and location on the next working day.(Applicable to both, offline
and online opening)
20.2 Single envelop system of bid opening: for works costing up to Rs. 1.00crores (or as may be
specified from time to time), the Engineer will have the discretion to adopt single envelope system
of bid opening. In this case, firstly technical bid will be opened and if the valid bid security is
received, financial bid will also be opened without evaluating the technical bid. However, technical
bids of the bidders would be evaluated later and financial bids of only those bidders will be
considered who would qualify in the technical bids. Technical bids will be approved by the officer
competent to approve the financial bid. (Applicable to both, offline and online opening)
20.3 The Engineer will prepare the minutes of the bid opening including the information disclosed to
those present. (Applicable to both, offline and online opening)
20.4 Double envelops system of bid opening (for works costing more than 1crore or even for works
costing less than 1 crore as may be specified):
(a) Offline Opening (wherever specifically allowed)
(i) The envelope containing “Technical Bid” shall be opened first.
(ii) The amount of earnest money, forms and validity shall be announced. Thereafter, the bidders‟
names and such other details as the Employer may consider appropriate, will be announced by the
Engineer at the opening.

17
(iii) Evaluation of the technical bids with respect to bid security, qualification information and other
information furnished pursuant to clause 11 shall be taken up and evaluated subsequently and
approved by the authority competent to approve the financial bid and a list will be drawn up of the
responsive bids whose financial bids will be eligible for consideration and the same will be
communicated through e-mail.
(iv) The date and time of opening of the Financial Bid will also be conveyed by the Engineer through e-
mail. At the time of opening of “Financial Bid”, the names of the bidders whose bids were found
responsive in accordance with Clause 20.5 will be announced. The bids of only responsive bidders
will be opened. The responsive Bidders names, the Bid prices, the total amount of each bid, any
discounts and such other details as the Engineer may consider appropriate, will be announced by
the Engineer at the opening. Any Bid price or discount, which is not read out and recorded, will not
be taken into account in Bid Evaluation.
(b) Online Opening

(i) The Engineer shall open the first envelope containing the scanned copies of the payments relating
to bid security and document fee followed by second envelope containing technical qualification on
the day and time published online.
(ii) After online opening of the technical bids of all the bidders their documents shall be downloaded
and printouts will be taken for keeping office record. Each such document must be duly signed and
sealed/stamped by the engineer in token of their authenticity to the fact that such documents have
actually been taken from the authorized portal.
(iii) The Technical Evaluation Report along with the signed technical documents regarding
qualification of the bidders will be sent to the competent authority, who will decide upon the
Technical Evaluation. While accomplishing the technical bid the decision should invariably be
uploaded on the portal so that bidders are acknowledged for this.
(iv) The date and time of opening of the Financial Bid will also be conveyed by the Engineer through e-
mail.
(v) The Engineer shall proceed to open the financial bids of such successful bidders on the day and
time finalized and having sent the information to the qualified agencies.
(vi) The financial bids shall be downloaded and signed for their authenticity for further approval by the
competent authority
as per the bid.
(vii) After final decision is taken by such authority the engineer shall upload the formal decision
regarding the price bid in the ascending orders.
21. Process to be Information relating to the examination, clarification, evaluation, and comparison of Bids and
Confidential recommendations for the award of a contract shall not be disclosed to Bidders or any other persons
not officially concerned with such process until the award to the successful Bidder has been
announced. Any efforts by a Bidder to influence the Engineer processing Bids or award decisions
may result in rejection of his Bid.
22. Clarification of 22.1 To assist in the examination, evaluation, and comparison of Bids, the Engineer may, at his discretion, ask any
Financial Bids Bidder for clarification of his Bid, including breakup of unit rates. The request for clarification and the
response shall be in writing or by cable, but no change in the price or substance of the Bid shall be sought,
offered, or permitted except as required to confirm the correction of arithmetic errors discovered by the
Engineer in the evaluation of the Bid in accordance with Clause 23 C.
22.2 Subject to sub-clause 24.1, no Bidder shall contact the Employer on any matter relating to his bid from the time
of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to
the notice of the Employer, it should do so in writing.
22.3 Any efforts by the Bidder to influence the Engineer in the Employer‟s bid evaluation, bid comparison or
contract award decisions may result in the rejection of the Bidders‟ bid.
23. Examination of 23.1 During the detailed evaluation of “Technical Bids”, the Competent Authority will determine
Bids and whether each Bid (a) meets the eligibility criteria defined in Clause 3 and 4; (b) has been properly
Determination of signed; (c) is accompanied by the required securities and; (d) is substantially responsive to the
Responsiveness 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 the remaining bid conditions,
i.e. priced bill of quantities, technical specifications, and drawings.
23.2 A substantially responsive “Financial Bid” is one which conforms to all the terms, conditions, and
18
specifications of the Bidding documents, without material deviation or reservation. A material

deviation or reservation is one (a) which effects in any substantial way the scope, quality, or
performance of the Works; (b) which limits in any substantial way, inconsistent with the Bidding
documents, the Competent Authority right or the Bidder‟s obligations under the Contract; or (c)
whose rectification would affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.
23.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the authority competent to
approve the financial bid and may not subsequently be made responsive by correction or
withdrawal of the non-conforming deviation or reservation.
24. Correction of 24.1 “Financial Bids” determined to be substantially responsive will be checked by the Engineer for any
Errors arithmetic errors. Errors will be corrected by the Employer as follows:
(a) Where there is a discrepancy between the rates in figures and in words, the rate in words will
govern; and
(b) Where there is a discrepancy between the unit rate and the line item total resulting from
multiplication of the unit rate by the quantity, the unit rate as quoted will govern.
24.2 The amount stated in the “Financial Bid” will be corrected by the Employer in accordance with the
above procedure and the bid amount adjusted with the concurrence of the Bidder. Such adjusted
bid price shall be considered as binding upon the Bidder. If the Bidder does not accept the
corrected amount the Bid will be rejected, and the Earnest Money may be forfeited.
25. Evaluation and 25.1 The Engineer will evaluate and compare only the Bids determined to be substantially responsive in
Comparison of accordance with Clause 23.
Financial Bids
25.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by
adjusting the Bid Price as follows:
(a) Making any correction for errors pursuant to Clause 24; or
(b) Making an appropriate adjustment for any other acceptable variations, deviations; and
(c) Making appropriate adjustments to reflect discounts or other price modifications offered.
25.3 The Competent Authority reserves the right to accept or reject any variation or deviation and other
factors, which are in excess of the requirements of the Bidding documents, shall not be taken into
account in Bid evaluation.
25.4 The estimated affect of the price adjustment conditions under Clause- 44of the Conditions of
Contract, during the period of implementation of the Contract; will not be taken into account in Bid
evaluation.
25.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer‟s estimate of
the cost of work to be performed under the contract, the Engineer may require the Bidder to
produce detailed price analysis for any or all items of the Bill of Quantities, to demonstrate the
internal consistency of those prices with the construction methods and schedule proposed. After
evaluation of the price analysis, the Employer may require that the amount of the performance
security set for in the Clause 28be 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 the successful
Bidder under the Contract. A bid, which contains several items in the Bill of Quantities, which are
unrealistically priced low and which cannot be substantiated satisfactorily by the bidder, can be
rejected as non-responsive by the authority competent to accept the bids.
F. Award of
Contract
26. Award of Contract The Engineer will award the Contract to the Contractor/ Agency whose bid has been determined to
be substantially responsive to the bid document and who has attained the lowest evaluated bid price
and whose financial bid has been accepted for award of contract by the Competent Authority
provided that such Contractor has been determined to be eligible within the available bid capacity.
27. Notification of
Award and Signing
of Agreement
27.1 The Bidder whose Bid has been accepted will be notified of the award by the Engineer prior to
expiration of the Bid validity period by cable, telex e-mail or facsimile confirmed by registered
letter. This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”)
will state the sum that the Employer will pay the Contractor in consideration of the execution,
completion, and maintenance of the Works by the Contractor as prescribed by the Contract
(hereinafter and in the Contract called the “Contract Price”).
27.2 Any concession by the contractor during negotiation will also form part of letter of acceptance and
19
tht would be deemed to the part of the contract agreement. The notification of award will
constitute the formation of the Contract, subject only to the furnishing of performance security in
accordance with the Clause 28.
27.3 In case of online tenders, the award of contract, after both Evaluations i.e. Technical and Financial,
will be uploaded by the Engineer specifying the successful bidder and indicating the completion of
the online process.
27.4 The agreement will incorporate all agreements between the Employer and the successful Bidder. It
will be signed by the Employer and sent to the successful Bidder, within 28 days following the
notification of award along with the Letter of Acceptance. Within 21 days of receipt, the successful
Bidder will sign the Agreement and deliver it to the Employer.
27.5 Upon furnishing of the Performance Security by the successful Bidder, the Engineer will promptly
notify the other Bidders that their Bids have been unsuccessful.
27.6 If the lowest bidder (L-1) backs out, his earnest money shall be forfeited, the agency will be
debarred for participating in any bid for one year and the second lowest bidder (L-2), third lowest
bidder (L-3) in order of sequence, may be called upon for negotiations of contract price to bring his
offer to the same level as the originally first lowest bidder. In the event of their refusal to do so, the
bid shall be recalled. In case of great urgency, authority competent to accept the bid may authorize
call of limited or short notice bids.
28. Performance 28.1 NA
Security
28.2
28.3
28.4
28.5
29. Debarring If the agency submits Financial Bid through e-tendering but fails to submit either bid security or
the Technical bid or both, then the agency will be debarred from participating in any bid in
Municipal Council Bahadurgarh for one year.
30. Completion of The agency to whom the work is allotted shall complete the entire work as per drawing irrespective
work of quantities in the DNIT. The agency is bound to consult the drawings before submitting bids.
31. Withdrawal of The Employer can withdraw any item at any stage. No claim on account of withdrawal will be
items entertained.
32. Corrupt or The Engineer will reject a proposal for award if it determines that the Bidder recommended for
Fraudulent Practices award has engaged in corrupt or fraudulent practices in competing for the contract in question and
will declare the firm ineligible, either indefinitely or for a stated period of time; to be awarded a
contract with Govt. of India/State PWD and any other agencies, if it at any time determines that the
firm has engaged in corrupt or fraudulent practices in competing for the contractor, or in execution.

20
SECTION 2
QUALIFICATION INFORMATION AND OTHER FORMS

21
CONTRACTOR’S BID
Description of the Works:
……………………………………………………………………………………
To:
EXECUTIVE OFFICER, MUNICIPAL COUNCIL
BAHADURGARH.
Address:
[1] _______________________________
Sir,
We offer to execute the work described above in accordance with the conditions of Contract accompanying this Bid for the Contract Price of
Rs.[2] ……………………..….(in figures)
…………..…………….……………………………………………………….…) (in words) This bid and your written acceptance of it shall
constitute a binding Contract between us. We understand that you are not bound to accept the lowest or any bid you receive.
We hereby confirm that this Bid complies with the Bid conditions, validity and Bid Security required by the Contract Documents
Yours Faithfully,
Authorized Signatory [2]

Name and Title of Signatory: …………………………………………………………………
Name of Bidder:……………………………………………..………………………………
Address:……………………………………………………………………………………….. Income Tax Pan
No.:.………………………………………………………………………….
[1] To be filled in before issue of the Bid Documents, by the tender issuing authority.
[2] To be filled in by the bidder, together with his particulars and date of submission at the bottom of the Form of Bid.

22
A. QUALIFICATION INFORMATION
The information to be filled in by the bidder in the following pages will be used for purpose of Technical Bid Evaluation as
provided for in Clause 4 of the „Qualification of bidders‟. This information will not be incorporated in the Contract. The Contractor may
attach more pages if required.
1. For individual bidders
1.1 Constitution or legal status of bidder (attach copy).
Place of registration: ……………………………………………...………………
Principal Place of Business: ……………………………………………………………...
Power of attorney of signatory of Bid (attach)
1.2 Total value of Civil Engineering Construction work performed in the
Last Five years (in Rs. Lacs): ……………………………………………...………………
1.3 Civil Engineering Works including earth work performed as prime Contractor ( in the same name) over the last Five years (
from………… To…………….).
Project Name of Description Contract Value of Date Stipulated Actual date Remarks
Name Employee/ of work No. Contact of period of of explaining
Engineer (Rs. in Issue completion completion reasons for
with full lacs) of delay if any
address work and if work
order completed.
1.3 (a) Civil Engineering works in hand (under progress or incomplete)

Project Name of Description Contract Value Sanctioned Date Stipulated % Value of
Name Employee/ of work No. of value if of period of work work
Engineer Contact any Issue completion done completed
with full (Rs. in of
address lacs) work
order
For 1.3 and1.3(a) certificates from employer/Engineer shall be attached by the contractor.

23
1.3 Information on Litigation and arbitration history in which the bidder is involved. (Attach more sheets if required).
Other Part (ies) Employer/Engineer Cause of dispute Amount involved Remarks showing Present status
1.5 Statement of compliance under the requirements of Sub clause 3.2 of the Instructions to Bidders.
……………………………………………………………………………………………………..................................
..........................................................................................................................................................................................
................................................................................................................................................................. .........................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
1.6 Proposed work method and schedule. The bidder should attach description, drawings and charts as necessary to comply with the
requirements of the Contracts documents.
1.7 Additional Requirements

24
LETTER OF ACCEPTANCE
(Letter head paper of the Engineer)
Dated: ……………………
To
………………………………………………………………
………………………………………………………………
………………………………………………………………(name and address, of the Contractor) Dear Sirs,

This is to notify you that your tender dated…………………………….. for execution of
……………………………………………………………………………… (name of the Contract and identification number

as……..………for Rs ……………..………………… (amount in figures) Rs.………………………………………………… …………(
amount in words), as corrected and modified in accordance with the instructions is hereby, accepted by us/our agency.
You are hereby requested to furnish performance security in the form detailed in Para 28of Instructions to Bidders (ITB) for an
amount equivalent to Rs. ………………………… within 15 days of the receipt of this letter of acceptance and sign the Contract, failing
which action as stated in Para 28 of ITB will be taken.
Yours faithfully,
EXECUTIVE OFFICER,
………………………………….….
……………………………..………
……………………………………..
CC: 1. Chief Engineer…………………………………………for information

2. Superintending Engineer………………………………………………………

25
ISSUE OF NOTICE TO PROCEED WITH THE WORK
(Letterhead of the Engineer)

……………………(Date)
To
……………………………………….(Name and Address of the Contractor)
………………………………………
………………………………………
Dear Sirs,
Pursuant to your furnishing the requisite performance security and signing of the Contract for the work of
…………………………………………………………………...………………………………...............................................................................
…………………………………………………………………...………………………………...............................................................................
at a Bid Price of Rs………………. , (Rupees…………………………………………………….only) you are hereby instructed to
proceed with the execution of the said works in accordance with the Contract agreement.
Yours faithfully,
(Signature, name and title

of Signatory authorized to sign on behalf of Engineer)

26
AGREEMENT FORM
(TO BE EXECUTED ON A NON JUDICIAL STAMP PAPER OF RS.15/-)
Agreement Deed
This agreement, made on the ………… day of ………. 20 … between the President, M.C. Bahadurgarh, acting through …………………
……………………………….. [name and address of Engineer] (hereinafter called “the Engineer” which expression shall, unless the
Contract otherwise requires, be deemed to include his successors and assigns) of the one part and …………..…………………..….. [name
and address of Contractor] (hereinafter called “ the Contractor” which expression shall unless the Contract otherwise requires, be deemed
to include his successors and assigns) of the other part.
Whereas the Engineer is desirous that the Contractor executes ………………………………………
(name and identification number of Contract) (hereinafter called “the works” ) and the Engineer has accepted the Bid by the Contractor
for the execution and completion of such works and the removal/remedying of any defects therein.
NOW, THEREFORE, 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 in the following
documents:
(a) Instructions to Bidders (Section-1)
(b) Qualification Information and Other Forms
(c) Conditions of Contract (Section-3)
(d) Special Conditions of Contract (Section-4)
(e) Contract Data (Section-5)
(f) Technical Specifications (Section-6)
(g) Bill of quantities (Section-8)
(h) Drawing (Section 10)
(i) Documents to be furnished by bidder
all of which are hereinafter referred to, as the “Contract”, 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 Engineer to the Contractor as hereinafter mentioned, the Contractor hereby
covenants with the Engineer to execute and complete the Works and rectify defects therein in conformity in all respects with the
provisions of the Contract.
3. The Engineer hereby covenants to pay the Contractor in consideration of the execution and completion of the works in all respect
in the Contract Price or such other sum as they become payable under the provision of the Contract at the times and in the manner
prescribed by the Contract.
4. In witness whereof, this agreement is signed and executed by both the parties on the day, month and year aforementioned in the
presence of the following witnesses:

27
1. Signature ………………………….. 2. Signature ……………………….

Name………………………..……… Name………………….………….
Designation…………………..……. Designation …………….………..
Date……………………….……….. Date……………………….………
(For and on behalf of the President, M.C.
Bahadurgarh)
3. Signature …………………………..
Name………………………..………
Designation…………………..…….
Date……………………….………..
1. Signature ………………………….. 2. Signature ……………………….

Name………………………..……… Name………………….………….
Designation…………………..……. Designation …………….………..
Date……………………….……….. Date……………………….………
(For and on behalf of the Contractor)
3. Signature …………………………..
Name………………………..………
Designation…………………..…….
Date……………………….………..

28
SECTION-3
CONDITIONS OF CONTRACT

29
Conditions of Contract
Table of Contents
Clause Content Page Clause Content Page

No. No.
A. General 36-41 C. Quality Control 44
1. Definitions 36-37 29 Identifying Defects 44
2. Interpretation 37-38 30 Tests 44
3. Language of Bid 38 31 Correction of Defects 44
4. Engineer to act on behalf 38 32 Uncorrected Defects 44
of employer
5. Communications in 38 D. COST CONTROL 44-49
writing
6. Sub-Contract 38 33 Bill of quantities 44
7. Personal 38 34 Increase in cost of works/items 44
8. Other Contractors 38-39 35 Changes in the quantities, 44-45
design, specification and
payment thereof
9 Risk 39 36 Break up of rates 45
10. Site Investigation Report 39 37 Cash Flow Forecast 45
11. Dewatering arrangement 39 38 Payment certificates 45-46
12. Queries about Contract 39 39 Compensation Events 46-47
data
13 Possession of Site 39 40 Deductions from bills 47
14 Access to the Site 39 41 Retention Money/Security 47
Deposit
15 Start of work 39-40 42 Liquidated Damages 47
16 Works to be completed by 40 43 Price Adjustment 48
the Intended Date
17 Instructions 40 44 Cash Flow Forecasts 48
Defect liability period (which is
Three years after completion of
18 work) 40 45 Loss or damage to the 48
work/material
19 Safety 40 46 Certificate of completion 48
20 Things of historical value 40 47 Taking over site on completion 48
found at site
21 Environmental Protection 40 48 Advance Payment 48-49
22 Insurance 40-41 49 Secured advance 49
23 Dispute Redressal System 41 E.FINISHING THE CONTRACT 49-51
B. Time Control 42-43 50 Certificate of Final Payment 49
24 Programme 42 51 Breach of Contract 49
25 Extension of the Intended 43 52 Consequences of breach of 50
Completion Date contract
26 Delays ordered by 43 53 Release from Performance 51
Engineer
27 Management Meetings 43 54 As built drawings 51
28 Early warning 43 55 Retention Money 51
Conditions of Contract
A. General
1. Definitions 1.1 Terms which are defined in the Contract Data are also defined in the Conditions of Contract but keep their defined
meanings. Capital initials are used to identify defined terms.
(a) BILL OF QUANTITIES (BOQ) means the priced and completed Bill of Quantities forming part of the Tender Document.
(b) COMPLETION DATE is the date of completion of the works as certified by the Engineer.
(c) CONTRACT is the Contract between engineer/employer and the Contractor to execute, complete and maintain the works.
(d) CONTRACT DATA defines the documents and other information which comprise the Contract.
(e) CONTRACTOR is a person or corporate body whose bid to carry out the Works has been accepted by the Engineer.

30
(f) CONTRACT PRICE is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the
Contract. (Clause 12 of ITB)
(g) COMPENSATION EVENTS are those defined in Clause 40 of Conditions of Contract.
(h) COMPETENT AUTHORITY is the authority competent to exercise the financial powers as provided for, in the D.F.R. (Departmental
Financial Rules) in respect of officers of MUNICIPAL COUNCIL BAHADURGARH (JHAJJAR) Department, of the Govt. of Haryana or other
relevant provisions under various Govt. of Haryana rules and regulations.
(i) DAYS are calendar days; months are the calendar months.
(j) DEFECT is any part of the Works not completed in accordance with the Contract.
(k) DEFECT LIABILITY PERIOD (WHICH IS THREE YEARS AFTER COMPLETION OF WORK) is the period named in the Contract Data and
calculated from the completion Date.
(l) EMPLOYER is the President, M.C. Bahadurgarh acting through Chief Engineer (concerned), Urban Local Bodies Department Haryana,
Panchkula Department, Sinchai Bhawan, Panchkula for works costing more than Rs.50.00 crore and concerned Superintending Engineer
for all works costing up to Rs.50.00 crore.
(m) ENGINEER is the person named in the „Contract Data‟ (or any other competent person appointed and notified to the Contractor to act in
replacement of the Engineer) who is responsible for supervising the Contract, administering the Contract, certifying payments due to
the Contractor, issuing and valuing variations to the Contract, awarding extensions of time, and valuing the Compensation Events etc.
after getting all these things approved from the competent authority under codal rules. Authorized representative of the Engineer will
be as specified in the Contract Data.
(n) EQUIPMENT is the Contractor's machinery, stores, shuttering, scaffolding, vehicles brought temporarily to the site to execute the
works.
(o) GOVERNMENT means the Government of State of Haryana.
(p) INITIAL CONTRACT PRICE is the Contract price listed in the Engineer's letter of acceptance.
(q) INTENDED COMPLETION DATE is the date on which it is intended that the Contractor shall complete the works, which is specified in the
Contract Data. It may be revised only by the Engineer by issuing an extension of time after due approved from the competent authority
under codal rules.
(r) MATERIALS are all supplies, including consumables, used by the Contractor for incorporation in the Works.
(s) NATURAL SURFACE LEVEL (NSL) is the natural surface level of the work area and its surroundings.
(t) PLANT is an integral part of the Works having a mechanical, electrical, electronic, chemical or biological function.
(u) SITE is the area of work as defined in the Contract data.
(v) SITE INVESTIGATION REPORTS are the reports which are included in the Contract documents and are factual interpretative report
about the surface and sub-surface conditions at the site.
(w) SPECIFICATION means the Specification of the Works included in the Contract Documents or any modification made therein
subsequently which is approved by the Engineer or PWD specifications.
(x) START DATE is given in the Contract data. It is the date when the Contractor shall commence execution of the works. It does not
necessarily coincide with any of the Site Possession Dates.
(y) SUB CONTRACTOR is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract
which includes works on the site.
(z) SUBSTANTIAL COMPLETION of work means that the work has been executed to such an extent that it can be used gainfully by the
employer and remaining work is minor in nature not affecting gainful use of the work
(aa) TEMPORARY WORKS are works designed, constructed, installed and removed by the Contractor which are needed for construction or
installation of the works.
(bb) UNBALANCED RATES: When the rates of any one item or more quoted by the contractor in the accepted bid are 50% more at variance
(either higher or lower) from departmental rates, that bid will be called unbalanced bid.
(cc) VARIATION is an instruction given by the Engineer which varies the Works.
(dd) WORKS are what the Contract requires the Contractor to Construct, install and hand over to the Engineer, as defined in the Contract
data.
2. Interpretation 2.1 In interpreting these conditions of Contract, singular also means plural, male also means female or neuter,
and the other way around. Headings have no significance. Words have their normal meanings under the
language of the Contract unless specifically defined. The Engineer will provide instructions clarifying
queries about the Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract to
the Works, the Completion Date and intended completion Date, will remain unchanged and may
apply to any section of the Work (other than references to the Completion Date and Intended
Completion Date for the whole of the work).
2.3 The documents forming the Contract shall be interpreted in the following order of priority and these
shall also form part of the contract:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the works.

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(3) Contractor's Bid

(4) Contract Data
(5) Conditions of Contract including Special Conditions of Contract
(6) Bill of Quantities
(7) Specifications
(8) Drawings
(9) Other document listed in the Contract data as forming part of the Contract.
3. Language of Bid The language of the Contract and the law governing the Contract are stated in the Contract Data.
4. Engineer to act on Except where otherwise specifically stated, the Engineer will decide Contractual matters between the
behalf of employer Engineer and the Contractor in the role representing the Employer.
5. Communications in writing Communications between parties, which are referred to in the conditions, are effective only when in
writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act).
6. Sub-Contract The Contractor shall, only with the approval of the Engineer in writing, sub-contract a portion of the
contract up to a limit specified in Contract Data. However, the Engineer is not bound to accept the
proposal for subcontracting. Sub-contracting will not alter any of the Contractor's obligations and
responsibilities under the Contract.
7. Personnel 7.1 If the Engineer asks the Contractor to remove a person who is a member of the Contractor's staff or
his work force stating the reasons thereof, the Contractor shall ensure that the person leaves the Site
within seven days and has no further connection with the work in the Contract.
7.2 The Contractor shall employ the key personnel named in the schedule of key personnel referred to
clause 4.2 (ii) B (b). Engineer will approve any proposed replacement of key personal only if their
qualification, abilities and relevant experience are substantially equal or better than those listed in the
clause 4.2 (ii) B (b). If contractor fails to provide key personnel, then Engineer shall ensure proper
supervision through his own staff (additionally deployed) at the cost of the contractor.
8. Other Contractors 8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities,
and the engineer.
8.2 The Contractor shall, as referred to in the Contract Data, also provide facilities and services for them.
8.3 The engineer may modify the schedule of other contractors and shall notify the contractor of any
such modification.
9. Risks 9.1 Employer’s Risks:- The Employer is responsible for the expected risks which are: (a) in so far as
they directly affect the execution of the works in India, the risks of war, hostilities, invasion, act of
foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot
commotion or disorder (unless restricted to the Contractor's employees), and contamination from any
nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a cause due solely to the design of
the Works, other than the Contractor's design.
9.2 Contractor’s Risk:- All risks of loss or damage to physical property and of personal injury and
death which arise during and in consequence of the performance of the Contract and are the
responsibilities of the Contractor.
10. Site Investigation Report The Contractor should have satisfied himself regarding the geological and hydraulic data in respect of
the work. Engineer will not be responsible if any of the information mentioned in the site
investigation report is found to be at variance with the site conditions during execution of the work,
and consequences thereof, and nothing extra will be payable to the Contractor on this account.
11. Dewatering The Contractor shall be required to make adequate dewatering arrangement arrangements to make
the area dry for construction work. No separate payment shall be made to the Contractor for
dewatering and the rates quoted by the Contractor for various items of BOQ shall include the cost of
dewatering unless specific provisions are made in the BOQ for payment of dewatering. This includes
sub soil/surface dewatering also, if needed to execute the work properly.
12. Queries about The Engineer will clarify queries on the Contract Data.
Contract data
13. Possession of site 13.1 The site may be handed over at the commencement in full, substantially, or in parts. The schedule of
handing over of the site to the contractor is laid down in the contract data. In the event of any unavoidable
delay on the part of the department in handing over of the balance site, the contractor shall be entitled to
only extension of time but no compensation, unless specifically provided otherwise in the contract, shall
be payable.
13.2 For seeking time extension on the ground of not handing over the site, the contactor shall have to
give documentary evidence as to what part of site was not handed over and the execution of which
part of the work was affected. If the contractor had sufficient work front and the balance site is
handed over in the meantime, he shall not be entitled to time extension.
14. Access to the Site The Contractor shall allow the Engineer and any person authorized by the Engineer or any other person
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to perform his duties required to perform his duties access to the site, to any place where work in
connection with the Contract is being carried out or is intended to be carried out and to any place
where materials or plant are being manufactured/fabricated/assembled for the works.
15. Start of Work 15.1 The Contractor shall construct and install the works in accordance with the Specification and
Drawings.
15.2 The Contractor may commence execution of the works on the Start Date and shall carry out the
works in accordance with the programme submitted by the Contractor, as updated with the approval
of the Engineer, and complete them by the Intended Completion Date.
15.3 The Contractor shall be responsible for design of Temporary Works.
15.4 The Engineers approval shall not alter the Contractors responsibility for design of the Temporary
Works.
15.5 The Contactor shall obtain approval of third parties to the design of the Temporary Works where
required, subject to approval by Engineer.
15.6 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are
subject to prior approval by the Engineer before their use.
16. Works to be completed 16.1 The Works are to be completed by the intended Completion Date
by the Intended Date 16.2 The Contractor will commence execution of the works on the Start Date and shall carry out the
works in accordance with the action program submitted by the Contractor, as updated with the
approval of the Engineer and complete them by the Intended Completion Date. The completion shall
include making the site good and free from post construction maladies.
17. Instructions 17.1 The Contractor shall carry out all instructions of the Engineer, which comply with the applicable
laws where the site is located.
17.2 Engineer can delegate any of his duties and responsibilities to other people after notifying the
Contractor and may cancel any delegation after notifying the Contractor.
17.3 The Contractor shall cooperate and share the site with other Contractors, public authorities, utilities.
18. Defect liability period (which is Three years after completion of work) Defect liability period (which is Three years after
completion of work) will be as provided in the Contract Data. In Case of LED Light if the
manufacturer want provide warranty/guaranty more than 3 Year than as given by the manufacturer
will be valid.
19. Safety The Contractor shall be responsible for the safety of all activities on the Site.
20. Things of historical value Anything of historical or other interest of significant value unexpectedly discovered on the site is the
found at site property of the Engineer. The Contractor is to notify the Engineer of such discoveries and carry out the
Engineer’s instructions for dealing with them.
21. Environmental Protection The contractor shall, throughout the execution and completion of the work and the remedying of any
defects therein, take all reasonable steps to protect the environment of the site and to avoid damage
or nuisance to person or to property of the public or others.
22. Insurance 22.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover
from the Start Date to end of the Defects Liability Period, in the amounts and deductibles stated in
the Contract Data for the following events, which are due to the Contractors risks:
(a) Loss of or damage to the Works, Plants and Materials;
(b) Loss of or damage to Equipment;
(c) Loss of or damage of property (except the Works, Plant, Materials and Equipment) in onnection
with the Contract; and
(d) Personal injury or death.
22.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the
Engineer’s approval before the Start Date. All such insurance shall provide for compensation to be
payable in the types and proportions of currencies required to rectify the loss or damage incurred.
22.3 If the Contractor does not provide any of the policies and certificates required, the Employer may
affect the insurance which the Contractor should have provided and recover premium the Employer
has paid, from payments otherwise due to the Contractor or, if no payments are due then premium
shall be debt due.
22.4 Alterations to the terms of insurance shall not be made without the approval of the Engineer.
22.5 Both parties shall comply with any conditions of the insurance policies.
23. Dispute 23.1 If any dispute or difference of any kind what-so-ever arise in connection with or arising out of this
contract or the execution of work or maintenance of the works there under, whether before its
commencement or during the progress of works or after the termination, abandonment or breach of
the contract, it shall, in the first instance, be referred for settlement to the competent authority,
described along with their powers in the contract data above the rank of the Engineer. The competent

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authority shall, within a period of forty five days after being requested in writing by the contractor to
do so, convey his decision to the contractor. Such decision in respect of every matter so referred
shall, subject to review as hereinafter provided, be final and binding upon the contractor. In case the
work is already in progress, the contractor shall proceed with the execution of the works, including
maintenance thereof pending receipt of the decision of the authority as aforesaid, with all due
diligence.
23.2 Either of the parties is barred from making reference to the competent authority after 120 days from
completion of work i.e. the claims will be time barred if the reference to the competent authority is
not made within 120 days from the completion of work.
23.3 Either Party will have the right of appeal against the decision of the competent authority, to the
Standing Empowered Committee.
23.4 The Composition for the Empowered Standing Committee will be:
(a) For the claim up to Rs. 10 lacs
(i) One official member, Chairman of the Standing Empowered Committee, not below the rank of Chief
Engineer appointed by the Haryana Government.
(ii) One official member not below the rank of Superintending Engineer.
(iii) One non-official member who will be technical expert of Superintending Engineer’s levels selected by
the contractor from a panel of three persons given to him by the Employer.
(b) For the claim above Rs. 10 lacs.
(i) One official member, Chairman of the Standing Empowered Committee, not below the rank of
Secretary to Govt. of Haryana or as may be decided by the Government.
(ii) One official member not below the rank of the Chief Engineer and
(iii) One non-official member who will be technical Expert of Chief Engineers level selected by the
contractor from a panel of three person given to him by the employer.
23.5 Either of the parties who is not satisfied with the decision of the competent authority will request to
Engineer-in-Chief, MUNICIPAL COUNCIL BAHADURGARH (JHAJJAR) Department, Panchkula for
formation of the Standing Empowered Committee within 45 days of receipt of such decision and will have
to deposit 2% of the claim amount in form of an unconditional FDR pledged in the name of claimant. The
Engineer-in-Chief will get the Standing Empowered Committee constituted from Govt.
23.6 Either of the parties can appeal to the Standing Empowered Committee within 45 days after the
constitution of the Standing Empowered Committee is intimated to the parties.
23.7 The Contractor and the Employer will be entitled to present their case in writing duly supported by
documents. If so requested, the Standing Empowered Committee may allow one opportunity to the
Contactor and the Employer for oral arguments for a specified period. The Standing Empowered
Committee shall give its decision within a period of ninety days from the date of appeal, failing which the
Contactor can approach the appropriate court for the resolution of the dispute.
23.8 The decision of the Standing Empowered Committee will be binding on the Employer for payment
of claims up to five percent of the Initial Contract Price. The Contractor can accept and receive
payment after signing as “in full and final settlement of all claims”. If he does not accept the
decision, he is not barred from approaching the court. Similarly, if the Employer does not accept the
decision of the Standing Empowered Committee above the limit of five percent of the Initial
Contract Price, he will be free to approach the court applicable under the law.
B. Time Control
24. Programme 24.1 Within the time stated in the Contract Data, the Contractor shall submit to the Engineer, a work Program
along with PERT/CPM chart, method statement and quality management plan.
24.2 An update of the Program shall be a Program showing the actual progress achieved on each activity and
the effect of the progress achieved on the timing of the remaining work including any changes to the
sequence of the activities.
24.3 The Contractor shall submit to the Engineer, for approval, an updated Program at intervals no longer than
the period stated in the Contract data. If the Contractor does not submit an updated Program within this
period, the Engineer may withhold the amount stated in Contract data from the next payment certificate
and continue to withhold this amount until the next payment after the date on which the overdue Program
has been submitted.
24.4 The Engineer’s approval of the Program shall not alter the Contractor’s obligations. The Contractor
may revise the Program and submit it to the Engineer again at any time. A revised Program is to how
the effect of variations and compensation events, if any.
25. Extension of the 25.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a
Intended Variation is issued which makes it impossible for completion to be achieved by the Intended

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Completion Date Completion Date without the Contractor taking steps to accelerate the remaining work and which
would cause the Contractor to incur additional cost. However Engineer shall seek approval of
competent authority.
25.2 The Engineer shall examine whether and by how much to extend intended Completion Date within
15 days of the Contractor asking the Engineer for a decision upon the effect of a Compensation
Event of Variation and refer it for decision to the Competent Authority and submitting full
supporting information. If the Contractor has failed to give early warning of a delay or has failed to
co-operate in dealing with a delay, the delay by this failure shall not be considered in assessing the
new intended completion Date.
25.3 The Competent Authority shall in not more than 30 days communicate to the Engineer-in-Charge the
acceptance or otherwise of the Engineer’s recommendations. If the Competent Authority fails to
give his acceptance or rejection, the Engineer shall not grant the extension and the contractor may
refer the matter to the Dispute Redressed System as provided above.
26. Delays ordered The Engineer may instruct the Contractor to delay the start or progress of any activity within the
by Engineer works.
27. Management Meetings 27.1 Either the Engineer or the Contractor may require the other to attend a management meeting. The business
of a management meeting shall be to review the plans for remaining work and to deal with matters raised
in accordance with the early warning proceed.
27.2 The Engineer shall record the business of the management meeting and is to provide copies of his record
to those attending the meeting and to the competent authority. The responsibility of the parties for actions
to be taken is to be decided by the Engineer either at the management meeting or after the management
meeting and stated in writing to all who attended the meeting.
28. Early warning 28.1 The Contractor shall issue early warnings to the Engineer at the earliest opportunity of specific likely
future events or circumstances that may adversely affect the quality of the work increase the Contract
price or delay the execution of works. The Engineer may require the Contractor to provide an estimate of
the expected effect of the future event or circumstance on the Contract price and completion date. The
estimate is to be provided by the Contractor as soon as reasonably possible.
28.2 The Contractor shall cooperate with the Engineer and consider proposals of how the effect of such an
event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any
resulting instruction of the Engineer.
28.3 If the Contractor does not start the work without any reason, the department will get the work completed at
the risk and cost of the Contractor.
C. Quality Control
29. Identifying Defects The Engineer shall check the Contractor’s work and notify the Contractor of any Defects that are
found. Such checking shall not affect the Contractor’s responsibility. The Engineer may instruct the
Contractor to search for a defect and to uncover and test any work that the Engineer considers may
be defective.
30. Tests If the Engineer instructs the Contractor to carry out a test not specified in the Specifications to check
whether any work has a defect and the test shows that it has, the Contractor shall pay for the test and
any samples. If there is no defect the test shall be a Compensation Event, and the cost shall be borne
by the department as Compensation Event.
31. Correction of Defects 31.1 The Engineer shall give notice to the Contractor of any defects before the end of the Defects iability
Period, which begins at completion and is defined in the Contract Data. The Defects Liability Period
shall be extended for as long as the defects remain to be corrected.
31.2 Whenever a notice of a defect is given, the Contractor shall correct the notified defect within the
length of time specified by the Engineer’s notice.
32. Uncorrected Defects In the event of the Contractor failing to remedy the defects, or remove the material that is of inferior
quality than the quality contracted for, within a period specified by the Engineer, on his demand,
then the Contractor shall be liable to pay compensation which shall be determined by the Engineer,
depending on the nature of defect, provided that it shall not exceed the amount which will be
required to set it right, by the Engineer himself or through an outside agency whichever is higher.
D. Cost Control
33. Bill of quantities 33.1 The Bill of Quantities shall contain items for the construction, installation, testing and
commissioning work to be done by the Contractor.
33.2 The Bill of Quantities is used to calculate the Contractor's Price. The Contractor is paid for the
quantities of the work done at the rate in Bill of Quantities for each item.
34. Increase in cost If total cost of work exceeds by more than 5% and individual quantity for any particular item exceed
of works/items by more than 50%, the further execution will be done on the already approved rates after approval by
the competent / sanctioning authority.
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35. Changes in the 35.1 The Engineer shall have the power to make any alterations, omissions or additions to, or substitutions
quantities, design, specification for, the original specifications, drawings, designs and instructions that may appear to him to be
and payment thereof necessary during the progress of the work and the Contractor shall carry out the work in accordance
with any instructions which may be given to him in writing signed by the Engineer and any such
alterations, omissions, additions or substituted work, which the Contractor may be directed to do in the
manner, as specified above as part of the work, shall be carried out by the Contractor on the same
conditions in all respects on which he agreed to do the main work. The time for the completion of the
work shall be extended in the proportion that the cost of the altered, additional or substituted work bears to
the original Contract Work and the decision of the Engineer, after approval from the competent
authority, shall be conclusive to such a proportion or as may be decided by Engineer defining up on
nature of enhanced work. The rates for such altered, additional or substituted work under this clause
shall be worked out in accordance with the following provisions in their respective orders.
35.2 If the rates for the reduced, altered, additional or substituted works, are specified in the Bill of
Quantity the Contractor is bound to carry out the reduced, additional, altered or substituted work at
the same rates as are specified in the Contract.
35.3 If the rates for the altered, additional or substituted work are not specifically provided in the Contract
for the work, then such rates will be derived from the rates for a similar class of work as are
specified in the Contract for the work.
35.4 If the rates for the altered, additional or substituted work cannot be determined in the manner
specified above, then the rates for such work/item shall be worked out on the basis of the Haryana
Schedule of Rates plus/minus the percentage of the total bid amount vis-à-vis the estimated cost of
the entire work put to bid.
35.5 If the rates for such work cannot be determined in any of the manners specified above, then the
Contractor shall, within seven days of being ordered to carry out such alteration, addition or
substitution, provide to the Engineer with a quotation for carrying out such work supported by an
analysis of the rate or rates claimed. This will be carried out only after the approval of the Competent
Authority. However, the Engineer by notice in writing will be at liberty to cancel his order to carry
out such class of work and arrange to have it done in such a manner as he considers feasible.
35.6 If the „Contractor's quotation is „un-responsive‟, the Engineer may order the variation and make a change
to the Contract price which shall be based on Engineer's own forecast of the effects of the variation
on the Contractor's Cost after due approval from the competent authority.
35.7 It will be the responsibility of the Engineer and the competent authority to ensure that there is no
delay in carrying out the work.
35.8 Notwithstanding what has been stated above, the Contractor shall not be entitled to any additional
payment for costs which could have been avoided by giving early warning.
35.9 Variations All Variations shall be included in updated Programmers produced by the Contractor.
36. Break up of rates If requested by the Engineer, the Contractor will provide to the Engineer the detailed cost
breakdown of any or all Bill of Quantity items within the period specified.
37. Cash Flow Forecast Whenever the Program is updated, the Contractor is to provide the Engineer with an updated cash
flow forecast.
38. Payment Certificates 38.1 The Contractor shall submit to the Engineer monthly statements of value of works, he considers
himself entitled to, less cumulative amount certified previously, within 10 days of close of month. In
case contractor does not submit with in prescribed limits, Engineer shall get the monthly statement
of the estimated value of work completed less cumulative amount prepared by the end of third week
of the months. This procedure will be followed even if no work is carried out at the site of work and
the claim so prepared will be a binding.
38.2 The Engineer shall check the Contractor's monthly statement within 14 days of receipt and certify
the amount to be paid to the Contractor. Before certifying so, he shall ensure that all measurements
and check measurements have been carried out.
38.3 The value of work executed shall be determined by the Engineer.
38.4 The value of work executed shall comprise the value of the quantities completed as per the Bill of
Quantities.
38.5 The value of work executed shall include the valuation of variation, and compensation events.
38.6 The Engineer may exclude any item certified in a previous certificate or reduce the proportion of any
previously certified in any certificate in the light of later information.
38.7 Full rates will be paid in running account bills for the executed works as per specifications, if any
work is found substandard after quality control tests, deductions, as per PWD code, will be made
from the future running bills or from retention money and performance security if further running
bill is not due to the contractor.
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39. Compensation Events 39.1 The Contractor shall not be entitled to compensation to the extent that the Engineers interests are
adversely affected by the Contractor not having given early warning or not having cooperated with
the Engineer.
39.2 The following are Compensation Events, for the purpose of extension in time only, unless they are
caused by the Contractor:
39.2.1 The Engineer, during the currency of the work, orders a delay beyond 30 days on any account.
39.2.2 The Engineer gives an instruction for dealing with an unforeseen condition caused by the Engineer
or additional work required for safety or other reasons.
39.2.3 The Engineer unnecessarily delays issuing a certificate of completion.
39.2.4 Other Compensatory events as given in Contract Data.
39.2.5 The Employer modifies the schedule of other contractors in a way which affects the work of the
contractor under the contract.
39.2.6 Other contractors, public authorities, utilities or the Employer do not work within the dates and other
constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
39.3 If a compensation event would cause additional cost or would prevent the work being completed by
the Intended Completion Date, the Intended Completion Date extended and/or the Contract price
shall be increased accordingly. The Engineer shall, with the approval of the Competent Authority,
decide whether and by how much the Intended Completion Date be extended and by how much the
Contract price shall be increased.
39.3.1 No Compensation would be payable due to non-availability of closure of a canal. If the closure is not
made available within the Intended Completion Date, the Contractor will have the option to
complete the works, with the permission of Competent Authority, in the extended period subject to
provision of 12.5 of ITB being executed in the extended period.
39.4 As soon as information demonstrating the effect of each Compensation Event as per the Contractor's
estimate has been provided by the Contractor, it is to be assessed for its reasonability by the
Engineer (with the approval of the competent authority) and the Contract Price shall be adjusted
accordingly
39.5 Notwithstanding the determination or non-determination of the extension of Intended Completion
Date and/or the adjustment of the Contract Price, the Contractor will, with all due diligence comply
with any instructions of the Engineer to complete any additional work assigned to him in relation to
the Contract.
40. Deductions from bills The rates quoted by the Contractor shall be deemed to be inclusive of the rates and other taxes on all
material that the Contractor will have to purchase and use for performance of this Contract
40.1 Deduction shall be made from every bill on account of Income Tax at the rate of 2% plus surcharge
thereon or in accordance with the pronouncement of any cess by the Government from time to time
as applicable.
40.2 Deduction shall also be made from every bill on account of VAT at source @ 4% + surcharge
thereon or as amended from time to time by the Government of Haryana.
40.3 Building and other Construction Workers Welfare Cess @1% of the work done will be levied as
applicable.
41. Retention Deposit 41.1 The Engineer shall retain from each payment due to the Money/Security Contractor such proportion
as stated in the Contract Data until completion of the whole of the works.
41.2 On completion of the whole of the Works, half of the total amount retained will be repaid to the
Contractor and balance half will be paid when the Defects Liability Period has passed and the
Engineer has certified that all Defects notified by the Engineer to the Contractor, before the end of
this period, have been corrected.
42. Liquidated Damages In case of failure of the contractor for Substantial Completion of work (Substantial Completion of work means
that the work has been executed to such an extent that it can be used gainfully by the employer and remaining
work is minor in nature not affecting gainful use of the work) within stipulated period, unless stated to the
contrary elsewhere, amount of liquidated damage for the whole of work is 0.05% of the estimated value per day
subject to maximum 10% of value for the work/final Contract provided that the amount of Liquidated Damages
will not exceed 20% of the value of balance work after due date of completion so that it is in consonance with
Clause 52 of COC. However no liquidated damages will be levied in case period for completion of the work is
extended by the Competent Authority. The Engineer may, without prejudice to any other method of recovery,
deduct the amount of such damages from any money due or to become due to the contractor. The payment or
deduction of such damages shall not relieve the contractor from his obligation to complete the works or from any
other of his obligations and liabilities under the contract.
43. Price Adjustment 43.1 Contract price shall be adjusted for increase or decrease in rates and price of cement, steel, fuel
lubricants, Bitumen, labour, plant and machinery spares, local material etc. in accordance with

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following principles and procedures and as per formula given in the Contract Data.
(a) The Price adjustment shall apply for the work done from the start date given in the Contract data up
to the end of the initial intended completion date or extensions granted by the Engineer and shall not
apply to the work carried out beyond the stipulated time for reasons attributable to the contractor.
However, rate of various items arrived at after price adjustment for the last quarter up to the initial
intended completion date or extensions granted by the Engineer shall remain applicable to the work
carried out beyond the stipulated time for reasons attributable to the contractor.
(b) The price adjustment shall be determined during each quarter from the formula given in the Contract
data.
Note:- The price adjustment will be to the extent that full compensation for any rise or fall of costs
to the Contractor is not covered by the provisions of this or other clauses in the Contract. The unit
rates and prices included in the Contract shall be deemed to include amounts to cover the
contingency of such other rise or fall in cost.
44. Cash Flow When the Programme is updated, the contractor is to provide the Forecasts Engineer-in-Charge with
an updated cash flow forecast.
45. Loss or damage to the 45.1 Loss or damage to the works or materials to be incorporated in the works between the Start Date and
work/material the end of the Defects Correction period shall be remedied by the „Contractor at his own cost‟ if the
loss or damage arises from the Contractor's acts or omissions.
45.2 Provided that the above shall apply even if the works or materials may have been earlier
inadvertently passed, certified and paid for.
46. Certificate of completion The Contractor shall request the Engineer to issue a Certificate of Completion of the works and the
Engineer will do so upon deciding that the Work is completed, within 21 days of the receipt of
request or within a reasonable period as per nature of the work.
47. Taking over site The Engineer shall take over the Site and the Works within seven on completion days of the
Engineer issuing the Certificate of Completion.
E. FINISHING THE CONTRACT
50. Certificate of Final
Payment 50.1 The Contractor shall supply to the Engineer a detailed account of the total amount that the Contractor
considers payable under the Contract before the end of the Defects Liability Period.The Engineer
shall issue a Defect Correction Certificate and certify any final payment that is due to the Contractor
within 90 days of receiving the Contract‟s account if it is correct and complete. If it is not, the
Engineer shall issue within 90 days a schedule that states scope of the corrections or, additions that
are ecessary. If the final Account is still unsatisfactory after it has been resubmitted, the Engineer
shall decide on the amount payable to the Contractor and issue a payment certificate.
50.2 In case of works of Municipal civil Works, the final payment shall be released either after testing of
the work or expiry of Defect liability period (which is Three years after completion of work)
whichever is later. If any defect is noticed during Defect liability period (which is Three years after
completion of work), the same shall have to be rectified by the Contractor at his own cost.
51. Breach of Contract The Employer or the Contractor may terminate the Contract if the other party causes a fundamental
breach of the Contract.
51.1 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) The Contractor stops work for 28 days when no stoppage of work is shown on the current
Programme and the stoppage has not been authorized by the Engineer;
(b) The Engineer instructs the Contractor to delay the progress of the Works and the instruction is not
withdrawn within 28 days;
(c) The Employer or the Contractor is made bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;
(d) A payment certified by the Engineer is not paid by the Employer to the Contractor within 56 days of
the date of the Engineer's certificate;
(e) The Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of
Contract and the Contractor fails to correct it within a reasonable period of time determined by the
Engineer;
(f) The Contractor does not maintain a security/safety which is required.
(g) if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in
competing for or in executing the Contract
(h) Non-employment of key personnel as per Clause 4.2 (ii) B (b) of ITB.
(i) Progress of work is very slow and in the opinion of the Engineer, the contractor is not likely to
complete the work even within 1½ times of the originally scheduled construction period without

38
sufficient reasons.
For the purpose of this paragraph “corrupt practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the procurement process or in contract
execution, “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 Employer, and includes collusive practice
among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-
competitive levels and to deprive the Employer of the benefits of free and open competition.”
51.2 When either party to the Contract gives notice of a breach of contract to the Engineer for a cause
other than those listed under Sub Clause 50.1 above, the Engineer, with the approval of the
Competent Authority, shall decide whether the breach is fundamental or not.
51.3 Notwithstanding the above, the Engineer, with the approval of the Competent Authority, may
terminate the Contract for convenience.
immediately, make the site safe and secure and leave the site as soon as reasonably possible, as
determined by the Engineer.
52. Consequences of 52.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
breach of contract Engineer-in-Charge shall issue a certificate for the value of the work done less advance payments
received up to the date of the issue of the certificate, less other recoveries due in terms of the
contract, less taxes due to be deducted at source as per applicable law and less the percentage to apply to
the work not completed as indicated in the Contract Data. Additional Liquidated Damages shall not
apply.
If the total amount due to the Employer exceeds any payment due to the Contractor the difference
shall be a debt payable to the Employer.
52.2 If the Contract is terminated at the Employer's convenience or because of a fundamental breach of
Contract by the Employer, the Engineer-in-Charge shall issue a certificate for the value of the work done,
the cost of balance material brought by the contractor and available at site, the reasonable cost of removal
of Equipment, repatriation of the Contractor's personnel employed solely on the Works, and the
Contractor's costs of protecting and securing the Works and less advance payments received up to the date
of the certificate, less other recoveries due in terms of the contract and less taxes due to be deducted at
source as per applicable law.
53. Release from Performance If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control
of either the Engineer or the Contractor, the Engineer shall certify that the Contract has been
frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after
receiving this certificate and shall be paid for all work carried out before receiving it and for any
works carried out afterwards to which commitment was made.
54. As built drawings 54.1 If as built drawings and/ or operating and maintenance ONLINE and the list of materials purchased
and the source of purchase is required, the contractor shall supply them by the dates stated in the
contract data.
54.2 If the contractor does not supply the as built drawings and/or ONLINEs by the dates stated in the
contract data, or they do not receive the engineer's approval, the engineer shall withhold the amount
stated in the contract data from payments due to the contractor.
55. Retention Money 6% (six percent) retention money shall be deducted from running bills subject to a maximum of 5% of
the agreement amount and 50% of the retention money so deducted shall be refunded immediately
after completion of work to the satisfaction of Engineer and balance 50% will be released after
expiry of the defect liability period (which is Three years after completion of work). However,
retention money can be released against unconditional Bank Guarantee in favour of department valid
for 45 days beyond defect liability period (which is Three years after completion of work).

39

40
SECTION-4
SPECIAL CONDITIONS OF CONTRACT

41
SECTION-4
SPECIAL CONDITIONS OF CONTRACT
1. The various works shall be done in line to line level and grade. The periodical checking of these by the Engineer or Engineer’s
representative shall not absolve the Contractor of his responsibility regarding their accuracy. In case of any deviation or
discrepancy in line, level or grade at the meeting faces, the Contractor shall make good the discrepancy at his own cost and
without any compensation for the additional work, if any involved. The Engineer shall further have right, if need be, to rectify the
discrepancies and recover the cost from the Contractor.
2. All materials, before being incorporated in the work, shall be inspected by the Engineer or his representative and, if necessary,
tested before use. Any work, on which such materials are used without approval and written permission of the Engineer, is liable
to be considered as defective and not acceptable.
2.1 The day to day and periodical tests, to be carried out on materials, mixes and placed concrete, etc., shall be specified by the
Engineer from time to time and the Contractor shall allow all the facilities and cooperation towards collections of samples
etc. All labour for collecting samples for tests will be supplied by the Contractor free of cost to the Engineer. Testing
charges shall be borne by the Contractor in all cases. Transportation of work samples from work site to and fro from the
laboratory shall be arranged by the Contractor at his own cost.
2.2 An authorized representative of the Contractor shall remain present at the time when the samples are taken and shall
authenticate the facts, if so required. If the Contractor’s representative fails to be present as aforesaid, the samples or cores,
etc. as are taken by the Engineer or his representatives shall be considered to be authentic. The Contractor will however be
informed of the details of such samples having been taken.
2.3 The materials, mixes and the cores shall be tested day to day and periodically at the laboratory and the results given thereby
shall be considered correct and authentic by the Contractor. The Contractor shall be given access to all operations and tests
that may be carried out as aforesaid so that he may satisfy himself regarding the procedure and method adopted. It shall
then be the Contractor’s responsibility to produce the works, materials and finished item to the standards based on the
laboratory design and tests.
2.4 The methods of sampling, testing, procedures and standards shall be laid down by the Engineer from time to time.
2.5 The quality and quantity of material shall be the responsibility of the Contractor, irrespective of the test results being good.
3. Arrangement of water and electric power, etc. required by the Contractor for the work shall be made by him at his own cost.
Engineer will, however, recommend to the concerned State Electricity Utilities for providing the connection and power to the
Contractor, however, the Engineer will bear no responsibility in this respect.
3.1 Contractor shall not be allowed to start the work till Engineer is satisfied with the proper arrangement of good quality water
for execution of work including curing for 28 days.
For this, the Contractor shall have to construct water storage tanks of sufficient capacity. No extra payment shall be made
on this account. Any delay in execution of work due to non-availability of sufficient water will be responsibility of the
Contractor.
4. The Contractor shall not set fire to any standing jungle, trees, „bush‟ wood or grass without a written permission from the
Engineer.
4.1 When such permission is given and also in all cases when destroying of dug trees, bush wood, grass, etc. by fire the
Contractor shall take necessary measures to prevent such fire spreading to or otherwise damaging surrounding property.
4.2 Any damage caused by the spreading of such fire, whether in or beyond limits of the
42
Engineer‟s property shall be made good by the Contractor within a period specified by the Engineer or in default the
amount of the damage shall be recovered by the Engineer from the Contractor's bill as damages or deducted by any other
duly authorized officer from any sums that may be due or become due from the Employer to the Contractor under the
Contract or otherwise.
4.3 The Contractor shall bear the expenses of defending any action of law proceedings that may be brought by any person by
injury sustained owing to neglect of precautions to prevent the spread of fire and shall pay any damage, and cost that may
be awarded in consequence.
5. The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions and no claim of
the Contractor will be entertained by the Engineer on this account.
6. A site order book shall be kept on the site of the work. As far as possible, all orders, regarding the work are to be entered in this
Book. All entries therein shall be signed by the Engineer or his authorized representative and the Contractor or his authorized
representative. In important cases, the Engineer will countersign the entries which have been made. The site order book shall not
be removed from the work site except with the written permission of the Engineer and the Contractor or his representative shall be
bound to take note of all instructions and directions meant for the Contractor as entered in the site order book without having to be
called on separately to note them. The authorized representative of the Engineer shall submit periodically copies of the remarks in
the site order book to the Engineer for record and to the Contractor for submitting compliance report.
7. The Contractor shall confirm to the regulations, bye-laws or any other statutory rules made by any local authority or by the
Government and shall protect and indemnify the Engineer against any claims or liability arising from or based on the violations of
any such laws, ordinance, regulations, orders and decrees, etc.
8. The Contractor shall make his own arrangement for supply of all materials including cement and steel. The Contractor shall be
responsible for all transportation and storage of the materials at site and shall bear all the related costs. The Engineer shall be
entitled, at any time, to inspect or examine all such materials. The Contractor shall provide reasonable assistance for inspection or
examination as may be required.
8.0 The Contractor shall keep an accurate record for use of materials like cement and steel used in the works in a manner
prescribed by the Engineer.
8.1 Large stock of cement shall not be kept at the work site but only sufficient quantities shall be kept to ensure continuity of
the work. The Contractor shall provide and maintain efficient water proof storage sheds for cement on the site of work. It
shall be stacked on the platform 30 cm above the floor level and shall be covered with tarpaulin or any other impervious
covering material in order to protect the cement bags from moisture. The cement shall be neatly stacked in an orderly
manner so as to allow an easy access and count. The arrangement of storage and utilization shall be such as to ensure the
utilization of cement in order of its arrival at the stores and the Contractor shall maintain satisfactory records which would
at any time show the date of receipt and proposed utilization of cement lying in the stores at site.
9. The Contractor shall comply with all labour laws, rules and regulations thereof as applicable from time to time in respect of the
labour engaged directly or indirectly on the work by him or through his sub-Contractor.
10. The Contractor shall, so for as reasonably practicable, having regard to local conditions, provide on the site, to the satisfaction of
the Engineer, an adequate supply of drinking and other water for the use of the Contractor’s staff and work force.
11. At every workplace at which 50 or more women workers are ordinarily employed there shall be two huts for use by children under
the age of 6 years belonging to such women. One hut shall be used for infants to play and other for bed rooms. The huts shall not
be constructed on a lower standard than the following:-
43
(i) Thatched roofs over tin roofs.

(ii) Mud floors and walls of bricks
(iii) Plants spread over the mud floor and covered with matting.
(iv) The huts shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate provision
of sweepers to keep the places clean. Adequate arrangement for toilet facilities and fuel will be made by Contractor for
labour at site.
12. The Contractor shall also construct and equip at his cost a working office with electricity and water arrangement for site Engineer.
13. The contractor shall also provide instruments for setting up field laboratory at his own cost to site Engineer. No separate payment
shall be made for this.
14. The Contractor shall pay not less than fair-wages to the labour engaged in his work directly by him or through his sub-Contractor.
Fair wage would mean the wage, whether for the whole or piece work, as notified from time to time and where such wage
prescribed by the District Authorities of the district in which the work is done.
15. The Engineer shall have the right to deduct from the money due to Contractor any sum required or estimated to be required for
making good the loss suffered by a worker or workers by reason of non-fulfillment of the condition of Contract for the benefit of
the workers vis-à-vis the Haryana Government, the Contractor shall be primarily liable for all payments to be made under and for
the observance of the rules, regulations and labour law without prejudice to his right to claim indemnity from his sub-Contractor.
17. Force Majeure
Neither party shall be liable to each other, for any loss or damages, occasioned by or arising out of acts of God such as
unprecedented floods, volcanic eruptions, earthquakes or other invasion of nature and other such acts.
18. Cement contents
Actual cement required for the aggregates in concrete to be used shall be determined by laboratory test while designing the
concrete mixes. If the cement contents of the design mix of that grade come less than the provision of cement contents provided in
the Haryana Scheduled of Rates, (with latest amendments) due to durability conditions, the cement contents as provided in the
Haryana Schedule of Rates shall be used and no extra payment on this account shall be made to the contractor.
19. Labour
The Contractor shall, unless otherwise provided in the Contract, make his own arrangement for the engagement of all staff and
labour, local or other, and for their payment, housing, feeding and transport. The Contractor shall, if required by the Engineer,
deliver to the Engineer a return in detail, in such form and at such intervals as the Engineer may prescribe, showing the staff and
the numbers of the various classes of labour from time to time employed by the Contractor on the site and such other information
as the Engineer may require.
20. Compliance with labour regulations
During continuance of the contract, the Contractor and his sub contractors shall abide at all time by all existing labour enactments
and rules made there under, regulations, notifications and bye laws of the State or Central Government or local authority and any
other labour law (including rules), regulations, bye laws that may be passed or notification that may be issued under any labour
law in future either by the State or the Central Government or the local authority. Salient features of some the major labour laws
that are applicable to construction industry are given below. The Contractor shall keep the employer indemnified in case any
action is taken against the Employer by the competent authority on account of contravention of any of the provisions of any Act or
rules made there under, regulations or notifications including amendments. If the Employer is caused to pay or reimburse, such
amounts as may be necessary to cause or observe, or for non-observance of the provision stipulated in the notifications/ bye laws/

44
Acts/ Rules/ regulations including amendments, if any, on the part of the Contractor, the Engineer/ Employer shall have the right
to deduct any money due to the Contractor including his amount of performance security. The Employer/ Engineer shall also have
right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by
the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as the employees of the Employer at any point
of time.
Salient features of some major labour laws applicable to establishments engaged in building and other construction work.
(i) Workmen Compensation Act 1923: The Act provides for compensation in case of injury by accident arising out of and during the
course of employment.
(ii) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act to satisfaction of certain conditions on separation
if an employee has completed 5 years service or more or on death at the rate of 15 days wages for every completed year of
services. The Act is applicable to all establishments employing 10 or more employees.
(iii) Employees Provident Fund and Miscellaneous Provision Act 1952: The Act Provides for monthly contributions by the employer
plus worker @ 10% or 8.33%., whichever is applicable. The benefits payable under the Act are:-
(a) Pension or family pension on retirement or death, as the case may be.
(b) Deposit linked insurance on the death in harness of the worker.
(c) Payment of Provident Fund accumulation on retirement/ death etc.
(iv) Maternity Benefit Act: The Act provides for leave and some other benefits to women employees in case of confinement or
miscarriage etc.
(v) Contract Labour (Regulation and Abolition Act 1970): The Act provides for certain welfare to be provided by the Contractor to
contract labour and in case the Contractor fails to provide, the same are required to be provided, by the Principal Employer by
Law. The Principal Employer is required to take Certificate of Registration and the Contractor is required to take license from the
designated Officer. The Act is applicable to the establishments or Contractor of Principal Employer if they employ 20 or more
contract labour.
(vi) Minimum Wages Act 1918: The Employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government
as per provision of the Act if the employment is a scheduled employment Construction of Buildings, Roads, Runways and
Municipal Civil Work are scheduled employments.
(vii) Pay of Wages Act 1936: It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can be
made from the wages of the workers.
(viii) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work of equal nature to Male and Female
workers and for not making discrimination against Female employees in the matters of transfers, training and promotions etc.
(ix) Payment of Bonus Act 1965: The Act is applicable to all establishment employing 20 or more employees. The Act provides for payments
of annual bonus subject to a minimum of 8.33% of wages and maximum of 20% of wages to employees drawing Rs. 3500/- per month or
less. The bonus to be paid to employees getting Rs. 2500/- per month or above up to 3500/- per month shall be worked out by taking
wages as Rs. 2500/- per month only. The Act does not apply to certain establishment. The newly set up establishments are exempted for
five years in certain circumstances. Some of the State Governments have reduced the employment size from 20 to 10 for the purpose
of applicability of this Act.
(x) Industry Disputes Act 1947: The Act laying down the machinery and procedure for resolution of Industrial disputes, in what

45
situations a strike or lockout becomes illegal and what are the requirements for laying off or retrenching the employees or closing
down the establishment.
(xi) Industrial Employment (Standing Orders) Act 1946: It is applicable to all establishments employing 100 or more workmen
(employment size reduced by some of the State and Central Government to 50). The Act provides for laying down rules governing
the conditions of employment by the Employer on matters provided in the Act and get the same certified by the designated
Authority.
(xii) Trade Union Act 1926: The Act lays down the procedure for registration of trade unions of workmen and employers. The Trade
Unions registered under the Act have been given certain immunities from civil and criminal liabilities.
(xiii) Child Labour (Prohibition and Regulation) Act 1986: The Act prohibits employment of children below 14 years of age in certain
occupations and processes and provides for regulation of employment of children in all other occupation and processes.
Employment of Child Labour is prohibited in Building and Construction Industry.
(xvi) Inter-State Migrant workmen’s (Regulation of Employment and Conditions of Services) Act 1979: The Act is applicable to an
establishment which employs 5 or more inter-state migrant workmen through an intermediary (who has recruited workmen in one
state for employment in the establishment situated in another state). The Inter-State migrant workmen, in an establishment to
which this Act becomes applicable, are required to be provided certain facilities such as housing, medical aid, traveling expenses
from home up to the establishment and back, etc.
(xv) The Building Other Construction workers (Regulation of Employment and Conditions of Services) Act 1996 and the Cess Act
1996: All the establishment who carry on any building or other construction work and employs 10 or more workers are covered
under this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the cost of construction as may be
modified by the Government. The Employer of the establishment is required to provide safety measures at the Building or
construction work and other welfare measures, such as Canteens, First Aid facilities, Ambulance, Housing accommodation for
workers near the work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by the Government.
(xvi) Factories Act 1948: The Act lays down the procedure for approval at plans before setting up a factory, health and safety provisions,
welfare provisions, working hours, annual earned leaves and rendering information regarding accident or dangerous occurrences to
designated authority. It is applicable to premises employing to persons or more with aid of power or 20 or more persons without the aid
of power engaged in manufacturing process.
21 Protection of Environment
The contractor shall take all reasonable steps to protect the environment at and off the Site and to avoid damage or nuisance to
persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his
methods of operation.
During continuance of the contract, the contractor and his sub-contractors shall abide at all times by all existing enactments on
environmental protection and rules made there under, regulations, notifications and by laws of the State or Central Government or
local authorities and any other law, bye law, regulations that may be passed for notification that may be issued in this respect in
future by the State or Central Government or the local authority.
Salient features of some of the major laws that are applicable are given below:
(i) The water (Prevention and Control of Pollution) Act 1974: This provides for the prevention and control of water pollution
and the maintaining and restoring of wholesomeness of water. „Pollution‟ means such contamination of water or such
alternation of physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of
46
any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a
nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial,
agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.
(ii) The Air (Prevention and Control of Pollution) Act 1981: This provides for prevention, control and abatement of air pollution. „Air
Pollution‟ means the presence in the atmosphere of any „air pollutant‟, which means any solid, liquid, or gaseous substance
(including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living
creatures or plants or property or environment.
(iii) The Environment (Protection) Act 1986: This provides for the protection and improvement of environment and for matters
connected therewith, and the prevention of hazards to human beings, other living creatures, plants and property.
„Environment‟ includes water, air and land and the interrelationship which exists among and between water, air and land,
and human beings, other living creatures, plants, micro-organism and property.
(iv) The Public Liability Insurance Act 1991: This provides for public liability insurance for the purpose of providing immediate
relief to the persons affected by accident occurring while handling hazardous substances and for matters connected herewith
or incidental thereto. Hazardous substance means any substance or preparation which is defined as hazardous substance
under the Environment (Protection) Act 1986, and exceeding such quantity as may be specified by notification by the
Central Government.
22. Substantial Completion
(a) If any part of the Permanent Works has been substantially completed and has satisfactorily passed any Test on Completion
prescribed by the Contract, the Engineer may issue a Taking Over Certificate in respect of that part of the Permanent
Works before completion of the whole of the Works and, upon the issue of such Certificate, the Contractor shall be deemed
to have undertaken to complete with due expedition any outstanding work in that part of the Permanent Works during the
Defects Liability Period.
(b) When the whole of the Works have been substantially completed and have satisfactorily passed any Tests on Completion
prescribed by the Contract, the Contractor may give a notice to that effect to the Engineer, with a copy to the Employer,
accompanied by a written undertaking to finish with due expedition any outstanding work during the Defects Liability
Period. Such notice and undertaking shall be deemed to be a request by the Contractor for the Engineer to issue a Taking-
Over Certificate in respect of the Works. The Engineer shall, within 21 days of the date of delivery of such notice, either
issue to the Contractor, with a copy to the Employer, a Taking-Over Certificate, stating the date on which, in his opinion,
the Works were substantially completed in accordance with the Contract, or give instructions in writing to the contractor
specifying all the work which, in the Engineer's opinion, is required to be done by the Contractor before the issue of such
Certificate. The Engineer shall also notify the Contractor of any defects in the Works affecting substantial completion that
may appear after such instructions and before completion of the Works specified therein. The Contractor shall be entitled to
receive such Taking-Over Certificate within 21 days of completion, to the satisfaction of the Engineer, of the Works so
specified and remedying any defects so notified.

47
SECTION-5
CONTRACT DATA

48
SECTION 5
CONTRACT DATA
1. The Employer is
President, M.C. Bahadurgarh
Name : through………. [Cl 1.1 of COC]
Address : ……………………………………………………………
2. Name of the Engineer: ……………………………. [Cl 1.1 of COC]
Address : ……………………………………………………………
3. Names of Authorized Representatives of the Engineer: ………… [Cl 1.1 of COC]
4. The Name and identification number of the Contract is ………………………………..
……………………………………………………………………………………………..
……………………………………………………………………………………………..
(Insert name and number as indicated in the Invitation for Tenders.)
The work consist of……………………………………………………………………….
……………………………………………………………………………………………..
……………………………………………………………………………………………..
……………………………………………………………………………………………...
(Brief summary, including relationship to either Contact under the project)
5. The intended start Date shall be: ………………………………………. [Cl 1.1 of COC]
6. The Intended Completion Date for the whole of the Work is shall be… [Cl 1.1 of COC]
7. Milestone dates:
Milestone 1 i.e. 25% date………….. in……………..months (whole work upto a value of 20%) Milestone 2 i.e. 50% date
…….…in……. months (whole work upto a cumulative value of 45%) Milestone 3 i.e. 100% date ………… in…………..
months (Complete works)
8. The following documents also form part of the Contract: i.e. undertaking of the bidder, if any
………………………………………….…………………………… [Cl 2.3 of COC]
9. The Contractor shall submit a programme for the work within 21 days of delivery of the letter of
Acceptance. The period between Program update shall be 60 days. [Cl 22of COC]
10. The site possession dates shall be within 10 days of execution of Contract.
[Cl 13of COC]
The site is located at……………………………………………………………………………….. And is shown in drawing
No………………………………………………………………………
11. The Defects liability period shall be 3 year from the date of issue of completion certificate. [Cl 1.1 and 18of
COC]
12. The minimum insurance cover for physical property, injury and death is Rs.5 lacs per occurrence with the number of occurrences limited
to four. After each occurrence, contractor will pay additional premium necessary to make insurance valid for four occurrences always.
49
[Cl 22 of COC]
Engineer [Cl 1.1 and 40 of COC]

will be indemnified against any risk. Insurance will be taken in joint names of the
Engineer and
Contractor and a copy will be lodged with the Engineer.
\13. The following events shall lsobe Compensation Events.
(Cross out if not applicable)
(i) Substantially adverse ground conditions encountered during the course of execution of work not provided for in the
bidding document.
(ii) Removal of underground utilities detected subsequently.
(iii) Removal of unsuitable material like marsh, debris, dumps, etc not caused by the contractor and not included in the BOQ.
(iv) Presence of historical, archeological or religious structures, monuments interfering with the works detected later on.
(v) Restriction of access to ground imposed by civil, judicial, or military authority.
(vi) None handing over of all the parts of the site to the contractor.
(vii) If no defect is found in a test as directed by Engineer outside the specific tests as per Clause 30.
14. The Proportion of payment retained (retention money):6% from each bill subject to a maximum
of 5% of the bid amount. [Cl 41 of COC]
15. Liquidated damages for the whole of the works are:
The amount of liquidated damage for the whole of work is 0.05% of the estimated value per day subject to maximum 10% of
value for the work/final Contract provided that the amount of Liquidated Damages will not exceed 20% of the value of balance
work after due date of
completion. [Cl 42 of COC]
16. Percentage for the work not completed will be 20%. [Cl 52 of COC]
17. The standard form of Performance Security acceptable to the Employer shall be an unconditional Bank Guarantee of the type as
presented in the Bid Document.
18. Jurisdiction of Court:
In the event of any matter concerning this Contract, the Competent Court shall be the court having jurisdiction over the place
where the agreement was executed.
19. The laws, which apply to the contract, are the laws of the land. [Cl 3 of COC]
20. The language of the Contract documents is English. [Cl 3 of COC]
21. Limit of subcontracting [not more than 50% of the initial contract price] [Cl 6 of COC]
22. Limit of Joint Venture [not less than 10 crore of the cost of invited bid]. [Cl 34 of ITB]
23. The currency of the Contract is Indian Rupees. [Cl 14of ITB]
24. As built drawings
The date by which “as built” drawings (in scale as directed) in 2 sets are required is within 28 days of issue of certificate of
completion of whole or section of the work, as the case may be.
The amount to be withheld for failing to supply “as built” drawing by the date required equal to
0.25% of Contract Price. [Cl 54 of COC]
25. Price Adjustment clause: [Cl 43 of COC]
The formula (C) for adjustment of price is”
R= Value of work executed during the quarter concerned
Adjustment for cement components:

50
(i) Price adjustment for increase or decrease in the cost of cement procured by the Contractor shall be paid in accordance with the
following formula:-
Vc = 0.85 X Pc/ 100 X R X (Ci-Co) / Co
Vc = Increase or decrease in the cost of work for during the quarter under consideration due to changes in rates for cement.
Co = The all India average wholesale price index for cement for the quarter preceding the date of opening of bids as published by
Ministry of Industrial Government of India, New Delhi.
Ci = The all India average wholesale price index for cement for the quarter under consideration published by Ministry of Industrial
Government of India, New Delhi.
Pc = Percentage of cement component of the work.
Adjustment for steel components:
(ii) Price adjustment for increase or decrease in the cost of steel procured by the Contractor shall be paid in accordance with the
following formula:-
Vs = 0.85 X Ps/ 100 X R X (Si-So) / So
Vs = Increase or decrease in the cost of work during the quarter under consideration due to changes in rates for steel.
So = The all India average wholesale price index for steel (Bar and Rods) for the quarter proceeding the date of opening of bids as
published by Ministry of Industrial Development Government of India, New Delhi.
Si = The all India average wholesale price index for steel (Bar and Rods) for the quarter under consideration as published by
Ministry of Industrial Development Government of India, New Delhi.
Ps = Percentage of steel component of the work.
Note: For the application of this clause, index (Bar and Rods) has been chosen to represent steel groups.
Adjustment of POL (Fuel and lubricants) Components.
(iii) Price adjustment for increase or decrease in the cost of POL (Fuel and Lubricants) shall be paid in accordance with the following
formula:
Vf = 0.85 X Pf/ 100 X R X (Fi-Fo) / Fo
Vf = Increase or decrease in the cost of work during the quarter under consideration due to changes in rates for fuel and lubricants.
Fo = The average official retails price of high speed diesel (HSD) at the existing consumer pump of IOC on the days prior to the
date of opening of bids.
th
Fi = The average official retails price of high speed diesel (HSD) at the existing consumer pump of IOC on the 15 day of the
middle calendar month of the quarter under consideration.
Pf = Percentage of fuel and lubricants components of work.
Note: For the application of this clause, the price of high speed diesel oil has been chosen to represent fuel and lubricant groups.
Adjustment of Bitumen component

(iv) Price adjustment for increase or decrease in the cost of bitumen shall be paid in accordance with the following formula:
Vb = 0.85 x Pb/100 x R x (Bi-Bo)/Bo
Vb = Increase or decrease in the cost of work during the quarter under consideration due to changes in rates for bitumen.
Bo = The average official retails price of bitumen at the LOC depot at Mathura on the day 30 days prior to the date of opening of
51
bids.
th
Bi = The average official retails price of bitumen at the IOC depot at Mathura on the day 15 day of the middle calendar month of
the quarter under consideration.
Pf = Percentage of bitumen components of work.
Adjustment for labour component

(iv) Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance with the following formula:
VL = 0.85 X Pl/ 100 X R X (Li-Lo)/ Lo
VL = Increase or decrease in the cost of work during the quarter under consideration due to changes in rates for local labour.
Lo = The average consumer price index for industrial workers for Chandigarh centre for the quarter preceding the date of opening
of Bids as published by Labour Bureau, Ministry of Labour, Government of India.
Li = The average consumer price index for industrial workers for Chandigarh centre for the quarter under consideration as
published by Labour Bureau, Ministry of Labour, Government of India.
Pl = Percentage of labour component of the work.
Adjustment for Plant and Machinery spares component

(v) Price adjustment for increase or decrease in the cost Plant and Machinery spares procured by contractor shall be paid in
accordance with the following formula:
Vp= 0.85XPp/100XRX (Pl-Po) Po
Vp= Increase or decrease in the cost of work during the quarter under consideration
due to charges in the rates for plant and machinery spares.
Po= The all India average wholesale price index for heavy machinery and parts for the
quarter preceding the date of opening of Bids as published by the Ministry of
Industrial Development, Government of India, New Delhi.
Pi= The all India average wholesale price index for heavy machinery and parts for the
quarter under consideration as published by the Ministry of Industrial
Development, New Delhi.
Pp= Percentage of plant and machinery spares component of all the work.
Note: For the application of this clause, Index of heavy machinery and parts has been chosen to represent the plant and machinery
spares group.
Adjustment for Local Material

(vi) Price adjustment for increase or decrease in the cost Local Material other than cement, steel, bitumen and POL procured by
contractor shall be paid in accordance with the following formula:
Vm= 0.85XPm/100XRX (Mi-Mo)/Mo
Vm= Increase or decrease in the cost of work during the quarter under consideration
due to charges in the rates for local material other than cement, steel, bitumen and
POL.
52
Mo= The all India average wholesale price index (all commodities) for the quarter
preceding the date of opening of Bids as published by the Ministry of Industrial
Development, Government of India, New Delhi.
Mi= The all India average wholesale price index (all commodities) for the quarter
under consideration as published by the Ministry of Industrial Development, New
Delhi.
Pm= Percentage of local material component (other than cement, steel, bitumen and
POL) of all the work.
Percentage of various items of particular work shall be decided by the authority
Competent to sanction the estimate in consultation with engineer-in-charge
before calling of tenders and these will be filled in against item as under:-
Cement Pc ……………….
Steel Ps ……………….
Labour Pl ……………….
Bitumen Pb ……………….
POL Pf ……………….
Plant and Machinery spares Pp ……………….
Local Material Pm ……………….
Total 100%

53
materials brought to value-lower of the b) Such material have been delivered to

site. two. site and are properly stored and
protected against damage to
satisfaction of the Engineer. The
contractor shall store the bulk material
in measurable stacks.
c) The Contractor’s records of the
requirements, orders, receipts and use
of materials are kept in and such
records shall be available for
inspection by the Engineer.
d) The Contactor has submitted with his
monthly statement the estimated value
of the materials on site with such
documents as may be for purpose for
valuation of the material and
providing evidence of ownership and
payment thereof.
e) Ownership of such materials shall
deemed to vest in the Employer for
which the Contractor has submitted
an Indemnity Bond in an acceptable
format; and
f) The quantity of materials are not
excessive and shall be used within a
reasonable time as determined by the
Engineer
3 Machinery Advance Maximum 5% of the For works costing more than Rs.10.00 crores,
contract price or such limit as may be prescribed by the
Government from time to time, another
interest bearing machinery advance to a
maximum of 5% of the contract price,
depending on merits of the case, can be given
with the approval of the Competent Authority
against the new key construction equipment
brought to the site, if a written request is made
by the contractor.
The advance shall be paid only upon the
contractor furnishing (i) an affidavit that the
machinery in question is free of any charge or
hypothecation with any bank or financial
institution: (ii) unconditional and irrecoverable
bank guarantee(s) (iii) satisfactory proof of
purchase/payment of the machinery, and (iv) a
written undertaking that the equipment so
purchased by him is required for use on the
work in question, is fully serviceable shall
work only on that job and shall not be removed
from the site without obtaining written
approval of the Engineer-In-Charge. The
recovery of machinery advance and the
interest to be charged thereon shall be as per
tender document. Interest @Prime Lending
Rate (PLR) of SBI prevalent at the time of
tender per annum shall be charged against the
machinery advance given to he contractor.
The recovery of the machinery advance
together with interest shall be done through
percentage deductions from interim/running

54
payments, in the manner prescribed in the

contract. It shall be desirable to recover the
total amount of machinery advance along with
interest within 80% of the time stipulated for
completion. The mobilization bank guarantee
shall be released after the recovery of full
machinery advance, including interest thereon.

55
FORM OF BANK GUARANTEE FOR BID SECURITY

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 place] having our
registered office at…………………… (hereinafter called “the bank”) are bound unto EXECUTIVE OFFICER
……………………………..[name of Engineer] (hereinafter called “the Engineer”) in the sum
of…………………………………………….(A) for which payment well and truly to be made to the said Engineer, the bank binds
himself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this…………………..…..day 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 of the acceptance of his Bid by the Engineer during the period of Bid Validity:
(a) fails or refuses to execute the form of Agreement in accordance with the instructions, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with instructions.
(c) does not accept the correction of the Bid Price pursuant to Clause-24 ITB
(e) where it is discovered at any stage before and even during the currency of work, if allotted to the Contractor, that he
has made misleading or false statements in order to get the work allotted.
We undertake to pay to the Engineer the above amount upon receipt of his first written demand, without the Engineer having to
substantiate his demand, and without cavil or argument, without his needing to prove or to show grounds or reasons for his demand for
the sum specified.
We hereby waive the necessity of the Engineer demanding the said debt from the Contractor before presenting us with the demand,
provided that the Engineer will note that the amount claimed by him is due to the occurrence of any one or more conditions, specified
above.
This Guarantee will remain in force upto and including the date………………(B) days after the deadline for submission of Bids as such
deadline is stated in the instructions or as it may be extended by the Engineer, 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 OF THE BANK …………………………

WITNESS……………………………………
SEAL………………………………………..
[Signature, name and address]
(A) 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 Column 4 of the table shown in the detailed notice inviting tenders.
(B) …….Days after the end of validity period of the Bid. No.of Days/Date should be inserted by the Engineer, before issue.

56
FORM OF PERFORMANCE BANK GUARANTEE

To:
The EXECUTIVE OFFICER, …………………………...... …..Division [Name of the Engineer]………………………………….......................
………........ …….......…………[Address of the Engineer]
Whereas…………………………[name and address of the Contractor]( hereinafter called the

“Contractor”) 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 Contractor shall furnish you with a Bank Guarantee by a recognized
scheduled bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract;
And whereas we have agreed to give the Contractor such a Bank Guarantee;
Now, therefore, we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of
Rs.….........................……………. [amount of Guarantee] Rupees
…………………………………………………. [in words] (1), such sum being 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 Rs..………………… [amount of guarantee] (1) as aforesaid without
your needing to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract of the Works to be performed there under or of
any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or Modifications.
This guarantee shall be valid until the date of issue of the Defects Correction Certificate.
Signature and seal of the guarantor……….............................. …………

Name of Bank ……………….............................. ……………………….
Address …………………………………………............................. ……
Date………………...............................……...........................................
(1). An amount is to be inserted by the Guarantor, representing the percentage of the Contract price specified in the Contract including additional
security for unbalanced bids, if any and denominated in Indian rupees.

57
BILL OF QUANTITIES (B.O.Q.)
TENDER ON AGREEMENT BASIS
Name of Division : …………………………………………………………………………
Name of Work : …………………………………………………………………………
Sr. Description Unit Qty Ratein Ratein Amount

No. Figure Words
Contract Price…………………………………………….
Signature Not Verified

Digitally signed by SANJAY BANSAL
[Signature of Contractor No. of Correction Date: 2019.02.08 14:40:51
Signature of M. IST
E.]
Location: Haryana

Standard Bidding Document: Municipal Council Bahadurgarh

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1

MUNICIPAL COUNCIL BAHADURGARH

Standard Bidding Document

[Signature of Contractor No. of Correction Signature of M. E.]

[Signature of Contractor No. of Correction Signature of M. E.]

MUNICIPAL COUNCIL BAHADURGARH

INVITATION FOR BIDS

MUNICIPAL COUNCIL BAHADURGARH (JHAJJAR)

For further details visit website http://etenders.hry.nic.in

[Signature of Contractor No. of Correction Signature of M. E.]

Key Dates for online tenders works: -

1. Time and date of online publication 08/02/2019 from 18.55 hrs.

OTHER IMPORTANT NOTES:-

[Signature of Contractor No. of Correction Signature of M. E.]

[Signature of Contractor No. of Correction Signature of M. E.]

[Signature of Contractor No. of Correction Signature of M. E.]

MUNICIPAL COUNCIL BAHADURGARH

Detailed Notice Inviting Tender

1. Time and date of online publication 08/02/2019 from 18.55 hrs.

[Signature of Contractor No. of Correction Signature of M. E.]

[Signature of Contractor No. of Correction Signature of M. E.]

[Signature of Contractor No. of Correction Signature of M. E.]

[Signature of Contractor No. of Correction Signature of M. E.]

Section 1. Instructions to Bidders

(g) Details of works abandoned/terminated with reasons thereof.

[Signature of Contractor No. of Correction Signature of M. E.]

(k) Income Tax clearance certificate for the previous year.

4.2 (i) Special works:

11 Documents to be furnished by bidder

(ii) Bid Security in the form specified under clause 15.

[Signature of Contractor No. of Correction Signature of M. E.]

(b) Online Opening

specifications of the Bidding documents, without material deviation or reservation. A material

[Signature of Contractor No. of Correction Signature of M. E.]

QUALIFICATION INFORMATION AND OTHER FORMS

[Signature of Contractor No. of Correction Signature of M. E.]

Authorized Signatory [2]

[Signature of Contractor No. of Correction Signature of M. E.]

1.3 (a) Civil Engineering works in hand (under progress or incomplete)

[Signature of Contractor No. of Correction Signature of M. E.]

1.7 Additional Requirements

[Signature of Contractor No. of Correction Signature of M. E.]

………………………………………………………………(name and address, of the Contractor) Dear Sirs,

……………………………………………………………………………… (name of the Contract and identification number

CC: 1. Chief Engineer…………………………………………for information

[Signature of Contractor No. of Correction Signature of M. E.]

ISSUE OF NOTICE TO PROCEED WITH THE WORK

(Letterhead of the Engineer)

……………………………………….(Name and Address of the Contractor)

(Signature, name and title

[Signature of Contractor No. of Correction Signature of M. E.]

Whereas the Engineer is desirous that the Contractor executes ………………………………………

[Signature of Contractor No. of Correction Signature of M. E.]

1. Signature ………………………….. 2. Signature ……………………….

1. Signature ………………………….. 2. Signature ……………………….

[Signature of Contractor No. of Correction Signature of M. E.]

[Signature of Contractor No. of Correction Signature of M. E.]

Clause Content Page Clause Content Page