CROSS AND SINGLE LINE TRENCHING WORK FOR … · Tender Document for Cross & single Trenching Work for Utility Identification for Bangalore Metro Phase-2 Project ... competent, financially

Tender Document for Cross & single Trenching Work for Utility Identification for Bangalore Metro Phase-2 Project

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TENDER NOTICE NO: RITES/UT/BLR/METRO PH-2/TRENCHING/OT/001/2011-12

DATED 29.02.2012

CROSS AND SINGLE LINE TRENCHING WORK FOR UNDER GROUND UTILITY

IDENTIFICATION FOR BANGALORE METRO RAIL PROJECT – PHASE-2

CORRIDOR – R - 1 Ext BAIYYAPPANAHALLI STATION TO WHITE FIELD VIA

K R PURAM AND ITPL - 16.00 Km

TECHNICAL BID

TENDER DOCUMENT ISSUED TO:

NAME OF THE TENDERER: __________________________________________

ADDRESS

_____________________________________________________________

_____________________________________________________________

SIGNATURE OF OFFICIAL ISSUING THE DOCUMENT WITH DESIGNATION & DATE OF ISSUE

FEBRUARY 2012

Urban Transport Division,

6C, Bharat Apartments,

44/1, Fair Field Layout,

Race Course Road,

Bengaluru – 560 001

Telefax: 080-22352165


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TENDER NOTICE NO: RITES/UT/BLR/METRO PH-2/TRENCHING/OT/001/2011-12

DATED 29.02.2012

NAME OF WORK: Cross and Single Line Trenching Work for Under Ground

Utility Identification for Bangalore Metro Rail Project – Phase-2

CORRIDOR – R - 1 Ext – BAIYYAPPANAHALLI STATION TO WHITE FIELD VIA

K.R. PURAM AND ITPL – 16.00 Km

TABLE OF CONTENTS

Sl.

No.

DETAILS PAGE No.

From To

1 Open Tender Notice 3 3

2 Notice Inviting Tender 4 6

3 Invitation for Bids 7 9

4 Instructions to Tenderers 10 50

5 Conditions of Contract 51 66

6 Special Conditions of Contract 67 83

7 Contract Data 84 86

8 Guidelines on Banning of Business dealings 87 91


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OPEN TENDER NOTICE

(Single Packet)

GM/UT/RITES /Bangalore on behalf of the BMRCL, invites sealed Tenders from the contractors who fulfill

qualifying criteria stipulated in detailed tender documents for the following works:

SN Description

Total Est.

Cost of

work

(approx.)

Cost of

Tender

Document

Earnest

Money

Compl

etion

Period

Date / Time of

Submission

/Opening

1 Tender Notice No. RITES /

UT/BLR/METRO PH-2/ TRENCHING/

OT/ 001/2011-12 dated 29.02.2012

Cross and Single Line Trenching

Work for Under Ground Utility

Identification for Bangalore Metro

Rail Project - Ph II: Corridor R-1 Ext:

Baiyyappanahalli Station to White

field via K R Puram & ITPL – 16.00 Km

76.98 Lakhs Rs. 5,000/-

including

VAT

Rs.

77,000.00

75

days

Submission =

12.03.12 at

13.00 hrs

Opening =

12.03.12 at

14.00 hrs



OT/ 002/2011-12 dated 29.02.2012





Mysore Road Station to Kengeri –

8.00 Km

34.60 Lakhs Rs. 5,000/-

including

VAT

Rs.

34,600.00

30

days

Submission =

12.03.12 at

13.00 hrs

Opening =

12.03.12 at

14.30 hrs



OT/ 003/2011-12 dated 29.02.2012





RV Road Station to Bommasandra

via Electronic City – 19.00 Km

76.73 Lakhs Rs. 5,000/-

including

VAT

Rs.

77,000.00

75

days

Submission =

12.03.12 at

13.00 hrs

Opening =

12.03.12 at

15.00 hrs

Date of sale of tender documents is from 29.02.2012 to 09.03.2012, Completed tender documents including

Qualifying criteria can be purchased from General Manager ,RITES Ltd., Urban Transport Division, 6C, Bharat

Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore – 560 001. Phone: 22352165/ 22355160,

Fax: 080-22352165.

Other qualifying requirements are elaborated in tender documents and can be seen or downloaded from our

web site www.rites.com. Addendum and corrigendum, if any, would be hosted on the web site only.

General Manager

Urban Transport Division

RITES, Bangalore


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NOTICE INVITING TENDER

No. RITES/UT/BLR/METRO PH-2/TRENCHING/OT/001/2011-12 DATED 29.02.2012

Sealed Bids in Single packet system (Technical and Financial Bid) are invited for the following works by

General Manager (UT), RITES Ltd., Bangalore from qualified, competent, financially stable Contractors

who fulfill qualifying criteria stipulated in detailed tender documents (JV Not permitted )

SN Description

Total Est.

Cost of work

(approx.)

Cost of

Tender

Document

Earnest

Money

Completion

Period


UT/BLR/METRO PH-2 /

TRENCHING / OT/ 001/2011-12

dated 29.02.2012 – Cross and

Single Line Trenching Work for

Under Ground Utility

Identification for Bangalore

Metro Rail Project – Phase-2 R-1

Ext: Baiyyappanahalli Station

to White field via K R Puram &

ITPL – 16.00 Km

76.98 Lakhs Rs. 5,000/-

including

VAT

Rs.

77,000.00

75 days

1. Tender documents are available on RITES website www.rites.com. Intending agency/firm/company

to obtain/download the tender documents shall submit their Requisition form along with the

required credentials from 29.02.2012 to 09.03.2012. Tender documents can also be obtained from

RITES Ltd. through General Manager (UT), 6C, Bharat Apartments, 44/1, Fairfield Layout, Race

Course Road, Bangalore – 560 001, Phone: 22352165 on any working day from 29.02.2012 to

09.03.2012 (except Sunday, & Public Holidays) on payment of non-refundable Cost of Rs. 5,000/-

(Including VAT) for the above mentioned work in the form of Demand Draft / Bankers cheque / pay

order on any Scheduled Bank in favour of ‘RITES Ltd’ payable at Gurgaon / Delhi. Demand Draft /

Bankers cheque / pay order from Bank of India will not be accepted. The bidder who will download

the tender document from web site are required to submit the cost of tender document in the form

of DD/ Bankers cheque / pay order on any Scheduled Bank as given above along with EMD. EMD

from Bank of India will not be accepted.

2. The amendments / clarifications to the tender document will also be available on the above

website.

3. Tenderers who have been earlier empanelled by RITES for trenching work can also apply either as a

single entity or as a partnership firm duly enclosing all relevant documents as required.

4. Only those bids enclosed with the copy of the RITES’s provisional confirmation letter for

downloading / purchase of the Tender Document will be considered for opening of the Technical


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Bid. RITES’s Provisional conformation letter forms a part of Tender Document. To issue this letter

bidder have to provide telefax number as well as E-mail ID – (Not applicable)

5. Tender documents downloaded from RITES website shall be considered valid for participating in the

tender process. During the scrutiny of downloaded tender document, if any modification /

corrections etc. is noticed as compared to the original documents posted on the website, the bid

submitted by such a tenderer is liable to be rejected.

6. The completed tender document shall be submitted along with prescribed EMD. The cost of Tender

form once paid is neither refundable nor transferable.

7. Tender Documents requested by mail will be dispatched by Courier / Speed Post / Registered Post

on payment of an extra amount of Rs. 500/- (Rupees Five Hundred only) in the form of Demand

Draft / Bankers cheque / pay order on any Scheduled Bank in favour of ‘RITES Ltd’ payable at

Gurgaon/Delhi. Demand Draft / Bankers cheque / pay order from Bank of India will not be accepted.

The Employer will not be held responsible for the delay, if any, in the delivery of the Documents or

non-receipt of the same

8. EMD should be in the form of Demand Draft / Bankers cheque / pay order drawn on any Scheduled

Bank in favour of ‘RITES Ltd’ payable at Gurgaon/Delhi.

9. Bids duly completed in all respects along with the requisite amount of Earnest Money in the form of

Demand Draft/ Pay Order/ Bankers cheque shall be received upto 13.00 hrs on 12.03.2012 at RITES

Ltd., Urban Transport Division, 6C, Bharat Apartments, 44/1, Fair Field Layout, Race Course Road,

Bangalore – 560 001.

10. Tender ( Both Technical & Financial Bids) will be opened at 14.00 hrs on 12.03.2012 in the presence

of the Firms or their authorized representatives at RITES Ltd., Urban Transport Division, 6C, Bharat

Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore – 560 001.

11. Tenderers whose Bids are found acceptable will be evaluated in the due course as per extant

instructions.

12. Tender /Bids shall remain valid and open for a period of 90 days from the date of opening of bid. In

exceptional circumstances, prior to the expiry of the original time limit for bid validity, RITES may

request the Bidder to extend the period of validity for a specified additional period. The request and

the Bidder’s response shall be made in writing. A Bidder may refuse the request without forfeiting

his EMD.

13. Issue of Bid/Tender Documents to the firms will not automatically mean that the firm is qualified for

the Award of the Contract. The Bidders will be required to further fulfill the Qualification Criteria &


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other conditions given in the Bid Documents. No Condition / Deviation which is either additional or

in modification of the Bid conditions shall be included in the Bid submitted by the firm. If the Bid

contains any such condition or deviation from the Bid conditions, it is liable to be/will be rejected.

14. In case of any discrepancies, the provisions of this Bid Notice shall take precedence over all other

bidding documents.

15. The bid documents are not transferable. The bidders are required to put the bid in Bid box

personally or through their authorized representative. However, bid in sealed condition shall also be

received by post/courier, provided that the bid is delivered before the stipulated Date and Time in

RITES Ltd., Urban Transport Division, 6C, Bharat Apartments, 44/1, Fairfield Layout, Race Course

Road, Bangalore – 560 001. RITES Ltd. shall not be held responsible for the delay, if any, on account

of late delivery or non – receipt of the same.

16. The sealed envelopes shall be super scribed by the Tender Number and name of work.

17. RITES Ltd does not bind itself to accept lowest or any other bid and reserves the right to reject

lowest or any other bid or all the bids and accept any bid either in the whole or in part without

assigning any reason whatever. Also RITES Ltd. reserve the right to cancel the Tender Process and

reject all tenders, at any time prior to the award of Contract, without thereby incurring any liability

to the affected tenderers or any obligations to inform the affected tenderers of the grounds for the

Employer’s action. Conditional offers will be summarily rejected.

18. In case the date of opening of the bids as mentioned above is declared to be closed holiday, the bids

shall be received and opened on the next working day at the same time & venue.

19. All tenders in which any of the prescribed conditions is not fulfilled or any required document is not

enclosed; the bids shall be summarily rejected.

General Manager (UT)

RITES /Bangalore


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INVITATION FOR BIDS No.: To: M/s

Tender No: RITES/UT/BLR/METRO PH-2/TRENCHING/OT/001/2011-12 DATED 29.02.2012

Cost of Tender Documents Rs. 5,000/-

Approx. Cost of Work Rs. 76.98 Lakhs

EMD Rs. 77,000.00

Completion Period 75 days

Due date & time for Submission Upto 13.00 Hrs on 12.03.2012

Opening of tenders At 14.00 Hrs on 12.03.2012

Sub: Cross and Single Line Trenching Work for Under Ground Utility Identification for Bangalore

Metro Rail Project – Phase-2 - Corridor R-1 Ext: Baiyyappanahalli Station (of Phase-1) to White Field

via K R Puram and ITPL – 16.00 Km

Ref: Notice Inviting Tender No. RITES/UT/BLR/METRO PH-2/TRENCHING/OT/001/2011-12 DATED

29.02.2012

Dear Sir,

1. One set of tender document in respect of the above work is enclosed. The Tenders duly filled in with

item rates shall be submitted at RITES Ltd., 6C, Bharat Apartments, 44/1, Fair Field Layout, Race

Course Road, Bangalore – 560 001 on the due date mentioned above. The tender (Technical &

financial bid) will be opened on the same day and time as mentioned in the presence of those

bidders or their authorized representatives who choose to be present.

Note: The Tender Box will be available on the date of submission at “RITES Ltd., 6C Bharat

Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore – 560001”.

2. Tenderers/ Bidders are requested to return the tender duly filled in sealed cover with sealing wax

addressed to General Manager, RITES Ltd., 6C, Bharat Apartments, 44/1, Fair Field Layout, Race

Course Road, Bangalore – 560 001. The name of work and reference to this tender Notice is to be

superscribed on the top cover in capital letters as under:

“Cross and Single Line Trenching Work for Under Ground Utility Identification for Bangalore Metro

Rail Project – Phase-2 - Corridor R-1 Ext: Baiyyappanahalli Station (of Phase-1) to White Field via K

R Puram and ITPL – 16.00 Km

3. Sealed tender in the prescribed format are invited for the subject work.

The sealed top cover shall contain the following:


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Technical Bid

i) Notice Inviting Tender

ii) Invitation for Bids

iii) Instructions to Tenderer

iv) Conditions of Contract

v) Special Conditions of Contract

vi) Contract Data

vii) Drawing

Also the following documents form a part of the Technical Bid:

i) Earnest Money Deposit

ii) Annual Turnover: Not Applicable

(Refer Notes under Para 2 of Qualifying Criteria – Annexure -I)

iii) Work Experience

Similar Work Experience: Proforma 1 with details of works as the case may be, which satisfy

requisite qualification criterion (Refer Para 3 of Qualifying Criteria – Annexure -I) and attested copy

of work done certificate for the similar work experience

iv) Solvency Certificate : Not Applicable.

(Refer Para 4 of Qualifying Criteria – Annexure -I) of Instructions to Bidder

v) Profitability: Not Applicable

(Refer Para 5 - of Qualifying Criteria – Annexure -I).

vi) Declaration by Bidder

Proforma 3 as per Para 6 of Annexure – I (Qualifying criteria for works contract).

vii) Attested copy of Certificate of TIN Number.

viii) Availability of Technical Personnel i.e., Manpower–As per Proforma-4 & 4A.

ix) Availability of machinery – As per Proforma - 5 & 5A

x) Details of on-going works – As per Proforma - 6

xi) Litigation History – As per Proforma – 7

xii) Methodology


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Financial Bid

(i) Schedule of Quantities (Bill of Quantities) – Cross and Single Line Trenching Work for Under

Ground Utility Identification for Bangalore Metro Rail Project – Phase - 2 - Corridor R-1 Ext:

Baiyyappanahalli Station (of Phase-1) to White Field via K R Puram and ITPL – 16.00 Km

Complete set of Tender Documents can be seen in RITES Web site.

4. The following requirements shall be strictly complied with:

(a) Tenderers shall initial all corrections; sign all pages of the tender document and all the drawing

accompanying the tender document before submission of the tender.

(b) The Tender should be accompanied by notarized copy of the power of attorney of the signatory to

the documents.

(c) Complete tender document with all other relevant / supporting documents shall be returned along

with the tender offer.

(d) Tender shall ensure that their tender is dispatched well in advance, so that it reaches this office

before the time and date stipulated in the tender document.

5. The firm/agency/company who qualifies tender (Technically & Financially) will be intimated in the

due course of time about it. The unsuccessful Bidders/ Tenderers shall have no claim whatsoever in

this regard.

Yours faithfully,

For RITES Ltd.


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INSTRUCTIONS TO TENDERERS

1.0 GENERAL

1.1 Tender Notice

Open Item Rate Tenders are invited by GM (UT), Bangalore, RITES Ltd. Sealed Bids in Single packet

system (Technical and Financial Bid) are invited for the above said works by General Manager (UT),

RITES Ltd., Bangalore from qualified, competent, financially stable Contractors who worked with

KPWD, CPWD, Railways, MES, RITES, BMRCL, other Metros, KHB or any other Central Govt. / State

Govt. PSUs, DOT, State PWD or any other Central / State Government Undertaking Municipal Body,

Autonomous Body or Public Ltd., Co. listed on BSE/NSE. (JV is NOT allowed.)

1.2 Estimated Cost of Work

All works in total estimated to Cost of Rs. 76.98 Lakhs (approx). This Estimate, however, is given

merely as a rough guide.

1.3 Time for Completion

The time followed for completion of the work will be 75 days from the 4th

day after the date of

issue of Letter of Acceptance or from the date of handing over of the site, whichever is later, in

accordance with the phasing, if any, indicated in the Tender Documents.

1.4 BRIEF SCOPE OF WORK

GENERAL

The utilities, particularly underground, are essential services and have to be maintained properly.

The utility investigation work thus becomes a very important activity, as by firming up the details of

existing utilities, action can be taken up for their diversion etc.

The Cross trenching/single trenching is proposed to be carried out at selected pier/portal locations

or at selected desired locations. The total number of trenches to be done, in the work under

consideration is 96 + 65 = 161 nos. approx. The actual numbers of trenches may vary during the

currency of the contract. However, the Contractor shall carry out the trenching works at any of the

additional locations identified subsequently either by BMRCL or RITES, at the same rates at which

the contract is originally awarded. The trenching work (cross diagonal trenching or single trenches

or otherwise) shall be carried out at the pier/portal locations / any other location, (as required) as

per the instructions of the Engineer / Employer. The Corridor is shown in Figure-1.

WORK CONTENT

The scope of work covers trench excavation (cross diagonal trenching and /or single trenching of

desired length) at pier/portal desired locations on road/ footpath / median / shoulders or similar

locations ,without damaging the underground utility, exposing and identifying the utilities (in co-

ordination with the utility owning agencies / other local agencies as per traffic police or other

security/safety agencies guidelines), taking photographs & other details, restoration of road /

footpath /medians to at least original ground surface, plotting the identified utilities / services on


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drawings in AutoCAD format ( details / coordinates picked up with Survey instruments like total

stations/level/similar ones), Report in prescribed Format for Identification and Preparation of

Utility Diversion Plans for Bangalore Metro Project Phase-II. Photographs of the exposed trench are

to be inserted in the utility plans. The work is required to be done as per direction/requirement of

RITES’ Engineer or Representative.

The scope of works shall, inter-alia, include but not be limited to the following:

a) The Contractor has to locate the pier position at site and take RITES’ approval of the identified

pier/portal locations. The drawing showing the pier/portal locations, their chainages and co-

ordinates shall be supplied to the successful Tenderer by RITES from time to time during

execution.

b) After marking the pier location as above at site, whenever necessary, the Contractor shall mark

the approximate layout of the Cross trench / single trench (as the case may be) and its

dimensions as per directions/requirements of RITES’ Engineer or Representative.

c) Before carrying out the excavation work for trenching at site, necessary permissions from various

local agencies (including Traffic police) /local authorities / utility-owning agencies shall be

required to be obtained. This has to be arranged by the Contractor. Necessary assistance, if

required, in this regard will be provided by RITES’ Engineer or Representative.

d) Site clearance, dismantling of obstructions and traffic medians shall be meticulously done

before commencement of work.

e) Trenching is required to be done in two types – cross diagonal trenching and single line trenches.

f) The above trenching shall be done for a prescribed length (as required), for a requisite width and

depth (as approved) as per scope of work/ the Bill of Quantity (BoQ) or as directed by RITES’

Engineer or Representative.

g) Cross trench means 2 diagonal trenches crossing each other. Cross trenching work shall be done

in the plan area of 6.5m x 6.5m or similar, generally on roads/medians or both or otherwise. The

diagonal cross trenches shall have the dimensions of 9.2m length, 2.5m depth and 0.8 to 1.0m

width along both the diagonals. However, the actual dimension of trenches to be executed at site

is subject to minor variations depending on the site conditions or as directed by RITES’ Engineer

or Representative (Refer Figure-3).

h) Single trenching is to be done on footpath / sides / service road / where ever required as per the

directions of representatives of BMRCL and RITES Ltd. at site. The single trenches shall have

dimensions of 6.5m length, 2.5m depth and 0.8 to 1.0m width. However, the actual dimension of

trenches to be executed at site is subject to minor variation depending on the site conditions or

as directed by RITES’ Engineer or Representative

i) This trenching work (both single line trenching as well as cross trenching) is inclusive of asphalt

cutting / concrete cutting, BS slab removal, any other surfacing coming in the way, excavation in

all types of soil / rock strata, or any obstruction coming in the way (open drain walls etc),

disposal of excavated materials upto a lead of 25 Km at the prescribed location, removal of kerb

stones, drain slabs, paver blocks or any other type, stacking and refixing the same (if broken,


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these had to be replaced /restored to atleast the original condition), providing and filling sand in

excavated trench upto 2m depth and compaction of the same layer wise, providing and laying

PCC with 1:2:4 mix (350mm thickness) with compaction and/or laying of bituminous layer of

150mm thick (100mm DBM + 50mm BC) and reinstating the road to at least its original condition

with all lead, lift, barricading, safety arrangements, lighting etc complete. All this work has to be

done as per site conditions or within time limit as per the requirement of Traffic police/utility

agencies or as directed by RITES’ Engineer or Representative.

j) Cross trenching may be required to be done on Road (Asphalted or CC), median/shoulder/open

drain/road drain slab or any other such location. Wherever the trenching is required to be done

on road, the Contractor shall carry out the road cutting with mechanized equipment (road cutter

etc.) or any other approved method so as to reduce inconvenience caused to road users.

Barricading, diversion boards with reflective pints, traffic lights, signages, fencing, blinkers, night

lamps etc., and other requirements for safe working (as approved by RITES’ Engineer or

Representative), shall be provided and maintained throughout the work site to the satisfaction of

RITES’ Engineer or Representative.

k) Before the above trenching work is started, necessary permission from Traffic police & local civic

authority will be arranged by contractor himself. Necessary barricades have to be procured by

the contractor & erected/installed at site of work. The barricades to be used shall be procured by

the Contractor in consultation with RITES and as approved by RITES’ Engineer or Representative.

The barricades to be used shall be as per tentative sketch enclosed in drawings (Figure-2).

Atleast Three sides of the each trench location is required to be covered with such barricades.

Rest of the trench area is required to be barricaded / enclosed with caution tape.

l) Traffic Marshalls with reflective vests, lolypops or other traffic regulating aids will be deployed

round the clock at critical locations to regulate the traffic and ensure safe movement of traffic

and pedestrians affected due to execution of the work. For ensuring the safety at worksite all

measures as required by police, RITES representative will have to be ensured by contractor. The

above work is required to be done as early as possible preferably in 1 or 2 to 3 days approx. In

busy areas the above work may have to be completed early in coordination with

police/safety/security agencies. As far as possible work to be done in day light only for safety of

all concerned. However, night working for left over work can be permitted with the approval of

RITES’ Engineer or Representative. Nothing extra will be paid for night working.

m) Cutting in earth shall be done manually without affecting the completion time of the contract,

since “Time is the essence of Contract”. Excavation is to be done carefully without damaging the

utilities.

n) After excavating to the desired level, the Contractor shall get the utilities verified from the

concerned agencies in the presence of RITES’/ BMRCL Engineer or Representative.

o) Identified utilities shall be colour coded so as to identify the same in the photograph. (Colour

schemes shall be approved by RITES’ Engineer or Representative).

p) At least one photograph shall be taken of each trench with a standard board in view clearly

indicating the section, tender No., pier No., location and chainage, type of utility depicting

through colour code and direction.


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q) Record of each trench shall be prepared as per the approved format (samples enclosed at

drawings) including key plan showing location of trench and location of identified utilities (plan

and cross-section). This has been given only for reference and guidance. However, the details of

utilities in each trench shall be prepared (details/coordinates picked up with Survey instruments like

total stations/level/similar ones) as per instructions of Engineer-in-Charge of the Employer / as per

format required by BMRCL.

r) After verification of utilities, the trench shall be filled up to the desired level in layers, compacted

and site shall be cleaned up and the surface / road shall be restored to original condition as per

specifications within seven days as decided by RITES’ Engineer or Representatives. Wherever road

median or footpath is required to be dismantled for the work, it shall be restored to its original

finish after completion of the work. It has to be ensured that after digging cross trench, the

excavated pit is filled back with suitable materials & surface restored back with Asphalt or

cement concrete or otherwise & kerb stones , if dismantled will have to be reset or new kerb

stones are cast afresh & laid in position as per requirement of RITES’ Engineer or Representative,

to at least to the original condition ensuring smooth flow of traffic without any hindrance.

s) Disposing off of the excavated material shall be responsibility of the Contractor and the same

shall be collected and transported for disposal in the area approved by relevant authorities.

t) Restored surface / road / median / footpath shall be maintained for a period of 6 (Six) months

from the date of completion for any settlement which shall be required to be made up

immediately. During excavation of any trench work, the existing pillar ( survey/land boundary)if

dismantled , will require to be erected at the same place (with coordinates supplied by RITES).

This will be part of this work & no extra cost for this.

u) After verification, the Contractor shall plot the utilities on the soft copy of drawings supplied by

RITES in AutoCAD-2006 or similar version and submit the same along with soft copy and two

hard copies in stages as decided by RITES’ Engineer or Representative.

v) Contractor shall also show the continuity of identified utilities in consultation with RITES’

Engineer or Representative and available records with utility owning agencies. Contractor shall

also co-ordinate with various civic agencies for this purpose.

w) The Contractor shall prepare preliminary report of the trenches and submit one hard copy of the

same to the Employer at regular intervals as per instructions of the Engineer-in-Charge. The

Contractor shall also prepare power point presentation (of the trenches utilities identified, scope

of work or otherwise) and will be required to present it to the Employer as required, as per

instructions of the Engineer-in-Charge.

x) Draft report shall be submitted along with all the details, photographs and drawings in two hard

copies along with one soft copy. After acceptance of the draft report by RITES Ltd., the Contractor

shall submit the final report duly incorporating the modifications / corrections / suggestions

given by RITES Ltd. The final report shall be submitted in the format as required by RITES Ltd. in

four hard copies and two soft copies.

y) Close coordination (in the form of getting utility marked on plans, getting civic utility

representative to the site etc. etc.) with various civic utility agencies, traffic police or other

agencies will have to be maintained by the Contractor.


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z) To complete the work in time safely/effectively, at least 2 to 3 teams have to be deployed

simultaneously.

1.5 Availability of Site

The site for the work is available.

1.6 Basic conditions for issue of Tender Document

1.6.1 The Tender Document will be issued to any Contractor who satisfies the following conditions.

i) He should have deposited the Cost of Tender Document as stipulated in Para No. 5.2.

ii) Any agencies/firms/companies can download the tender document from RITES website

(www.rites.com) and in such a case, the tenderer shall deposit the cost of tender documents

along with submission of tender, failing which his tender shall not be considered. The cost of

tender documents shall be deposited in the form of separate Demand Draft /Pay order and

enclosed in the envelope containing the Earnest Money Deposit. The amendments / clarifications

to the Tender Document will also be available on the above web site.

1.6.2 The intending tenderers are advised that Tender is in Single Packet System, Both Technical &

Financial Bids shall be opened simultaneously and evaluated. These Bids will be considered only

for those Tenderers who have deposited the requisite Earnest Money in an acceptable form.

2.0 QUALIFICATION CRITERIA TO BE SATISFIED

2.1 The Qualification Criteria to be satisfied are given at Annexure I (Qualifying criteria for works

contract).

3.0 FORMAT AND CHECK LIST FOR SUBMISSION OF INFORMATION ON QUALIFICATION CRITERIA

3.1 The tenderer shall furnish a Letter of Transmittal as given in ANNEXURE II enclosing the

documents mentioned therein/listed in para 13 of Annexure I.

4.0 CONTENTS OF TENDER DOCUMENT

4.1 Each set of Tender or Bidding Document will comprise the Documents listed below:

Technical Bid





v) Special Conditions of Contract

vi) Contract Data

vii) Drawing

The Check List of documents as per Clause No. 13 of Annexure – I (qualifying Criteria for works

contract) form a part of technical bid.


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Financial Bid

(i) Schedule of Quantities (Bill of Quantities)

5.0 ISSUE OF TENDER DOCUMENT

5.1 A complete set of Tender Document (Technical and Financial Bid) described in Para 4.1 above can

be seen in the office of the General Manager, RITES Ltd., 6C, Bharat Apartments, 44/1 Fair Field

Layout, Race Course Road, Bangalore - 560001 between hours of 10.00 AM and 5.30 PM every

day except on Saturdays, Sundays and Public Holidays.

5.2 Tender documents are available on RITES website www.rites.com. Tender Document may also be

purchased from RITES Ltd. through General Manager /UT/RITES/Bangalore, 6C, Bharat

Apartments, 44/1, Fairfield Layout, Race Course Road, Bangalore – 560 001, Phone: 22352165/

22355160 from 29.02.2012 to 09.03.2012 for a non refundable fee per set of Rs. 5,000/- (Rupees

Five Thousand only) in the form of Demand Draft/ Pay Order/ Banker’s cheque drawn on any

Scheduled Bank payable at Gurgaon/Delhi in favour of RITES Ltd. The bidder who will download

the tender document from web site is required to submit the cost of tender document in the

form of DD/ Bankers cheque / pay order on any Scheduled Bank as given above along with EMD.

However, Demand Draft/ Pay Order/ Banker’s cheque and EMD of Bank of India shall not be

accepted.

5.3 Tender Documents including drawings can also be downloaded from RITES Website

(www.rites.com) and in such a case, the Tenderer shall deposit the cost of tender documents along

with submission of tender, failing which his tender shall not be opened. The cost of tender

documents shall be deposited in the form of a separate Banker’s cheque / Demand Draft / Pay

Order and enclosed in the envelope containing the Earnest Money Deposit. The amendments /

clarifications to the Tender documents will also be available on the above website.

5.4 Tender Documents downloaded from RITES website shall be considered valid for participating in

the tender process. During the scrutiny of downloaded tender document, if any modification /

correction etc. is noticed as compared to the original documents posted on the website, the bid

submitted by such a Tenderer is liable to be rejected. In case the bid of a Tenderer who has

downloaded the document from website is accepted the contract shall be executed in the original

/ manual tender document issued by the concerned RITES officer.

5.6 CLARIFICATIONS ON TENDER DOCUMENTS

A prospective tenderer requiring any clarification on the Tender Document may notify Deputy

General Manager (UT), (the official nominated for this purpose) in writing or by telefax or by

Email at the following postal address at RITES Ltd., 6C, Bharat Apartments, 44/1, Fair Field Layout,

Race Course Road, Bangalore – 1, Phone-080-22352165, 22355160 Fax – 080-22352165, E-mail:

[email protected].

In cases where Pre-Bid Meeting is not proposed to be held, request for clarifications including

request for Extension of Time for submission of Bid, if any, must be received not later than 3

(three) days prior to the deadline for submission of tenders. Details of such questions raised and

clarifications furnished will be uploaded in RITES website without identifying the names of the


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Bidders who had raised the questions. Any modification of the Tender Document arising out of

such clarifications will also be uploaded on RITES website only.

6.0 AMENDMENT OF TENDER DOCUMENT

6.1 Before the deadline for submission of Tenders, the Tender Document may be modified by RITES

Ltd. by issue of Addenda/Corrigendum.

6.2 Any Addendum/Corrigendum issued shall be part of the Tender Documents and shall be seen on

RITES website www.rites.com.

6.3 To give prospective tenderers reasonable time in which to take the Addenda/ Corrigenda into

account in preparing their tenders, extension of the deadline for submission of Tenders may be

given as considered necessary by RITES.

7.0 TENDER VALIDITY

7.1 The Tender shall be valid for a period of 90 days from the due date for submission of Tender or any

extended date as indicated in Sub Para below.

7.2 In exceptional circumstances, prior to the expiry of the original time limit for Tender Validity, the

Employer may request that the tenderers may extend the period of validity for a specified

additional period. The request and the tenderer’s response shall be made in writing. A tenderer

may refuse the request without forfeiting his Earnest Money. A tenderer agreeing to the request

will not be required or permitted to modify his Bid but will be required to extend the validity of

the Earnest Money for the period of the extension.

8.0 EARNEST MONEY

8.1 The Tender should be accompanied by Earnest Money of Rs. 77,000.00 (Rs. Seventy Seven

Thousand only) in any of the forms given below:- Banker’s Cheque / Pay Order / Demand Draft

payable at Gurgaon/Delhi, drawn in favour of RITES Ltd. However, Earnest Money from Bank of

India is not acceptable.

8.2 Any Tender not accompanied by Earnest Money in an acceptable form shall be rejected by the

Employer as non-responsive.

8.3 Refund of Earnest Money

a) The Earnest Money of the Tenderers whose tender/ Bids are found not acceptable will be

returned after complete scrutiny/evaluation of Bids have been completed by the Employer.

8.4 The Earnest Money is liable to be forfeited

a) if after bid opening during the period of bid validity or issue of Letter of Acceptance,

whichever is earlier, any tenderer

i) withdraws his tender or

ii) makes any modification in the terms and conditions of the tender which are not acceptable

to the Employer.


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b) in case any statement/information/document furnished by the tenderer is found to be

incorrect or false.

c) Submission of fake documents / suppression of blacklisting.

d) in the case of a successful tenderer, if the tenderer

i) Fails to furnish Performance Guarantee within the stipulated period specified in Clause 43

of Conditions of Contract.

ii) Fails to commence the work within 4 days after the date of issue of Letter of Acceptance or

from the date without valid reasons of handing over of the site, whichever is later.

In case of forfeiture of EMD as prescribed here in above, the tenderer shall not be allowed to

participate in the re-tendering process of the work.

9.0 ALTERNATIVE PROPOSALS BY THE TENDERERS

The Tenderers shall submit offers which comply strictly with the requirements of the Tender

Document. Alternatives or any modifications shall render the Tender invalid.

10.0 SUBMISSION OF TENDER

10.1 Single Packet System: The tenderer shall submit the Tender in original in one Single Packet as

under:-

10.1.1 TECHNICAL BID

Envelope 1 (i) Earnest Money

(ii) Cost of Tender in the form of DD/Bankers Cheque / Pay order on any Schedule

Bank in Favour of RITES Ltd. payable at Gurgaon/Delhi if Document is downloaded

from the website.

Envelope 2 Technical & Financial Bid




iv) Scope of the Work

v) Conditions of Contract

vi) Special Conditions of Contract

vii) Contract Data

viii) Drawings

ix) BOQ

The Check List of documents as per Clause No. 13 of Annexure – I (Qualifying Criteria for Works

Contract) form a part of the Technical Bid:


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“Authority to Sign” and Qualification Information along with all enclosures /documents as per

Letter of Transmittal/ Checklist given in Annexure II. As regards “Authority to Sign” Para 10.2 below

may be referred to.

Technical Bid including signature on Tender Form duly witnessed after filling up blanks therein.

Each page of the above documents including all reports, Drawings and designs and all other

relevant documents should bear the dated initials of the Applicant along with seal of the company

in token of confirmation of having understood the Contents

(a) Each page of the Technical & Financial Bid should be signed by the tenderer. In the last page of

Financial Bid, at the end, the tenderer should sign in full with the name of the Company, Seal of

the Company and Date.

(b) Each Correction, Cutting, Addition and overwriting should be initialed by the tenderer.

(c) In case of Percentage Rate Schedule of Quantities - Tenderer shall fill up the Tender form, stating

at what percentage below / above (in figures as well as in words) of the total estimated cost given

in Schedule of Quantities.

(d) In case of Percentage Rate Schedule of Quantities - only percentage quoted shall be considered.

Any tender containing item rates is liable to be rejected. Percentage quoted by the contractor in

percentage rate tender shall be accurately filled in figures and words, so that there is no

discrepancy. In case any discrepancy found in percentage in figure and words then the

percentage written in words shall be taken as correct.

(e) In case of Item rate Schedule of Quantities - The rates must be quoted in decimal coinage.

Amounts must be quoted in full rupees by ignoring fifty paise and less and considering more than

fifty paise as rupee one.

(f) In the case of Item Rate Tenders Schedule of Quantities - only rates quoted shall be considered.

Any tender containing percentage below / above the rates quoted is liable to be rejected. Rates

quoted by the contractor in item rate tender in figures and words shall be accurately filled in so

that there is no discrepancy in the rates written in figures and words. However, if a discrepancy is

found, the rate quoted in figure or in words are not tallying, then the rates quoted by the bidder

in words shall be taken as correct. If the amount of an item is not worked out by the bidder or it

does not correspondence with the rates written either in figure or in words then the rate quoted

by the bidder in words shall be taken as correct. Items of the Works for which no rate or price has

been entered in, will not be paid for by the Employer and shall be deemed covered by other rates

and prices in the Contract.

(g) In case of Item rate Schedule of Quantities - In the case of any tender where unit rate of any item

/ items appears unrealistic, such tender will be considered as unbalanced and in case the

tenderer is unable to provide satisfactory explanation such a tender is liable to be disqualified

and rejected.

(h) If the same item figures in more than one section / part of schedule of quantities the tenderer

should quote the same rate for that item in all section / parts. If different rates are quoted for


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the same item, the least of the different rates quoted only shall be considered for evaluation of

that item in all sections / parts of the schedule of quantities.

10.2 Authority to Sign

a) If the Applicant is an individual, he should sign above his full type written name and current

address.

b) If the agency/firm/company is authorizing any member, the Documents shall be signed by the

Member holding Power of Attorney for signing the Document in the Format at Annexure III.

c) If the applicant is a firm in partnership, the Documents should be signed by all the partners of

the firm above their full type written names and current addresses. Alternatively the

Documents should be signed by a partner holding Power of Attorney for the firm in the Format

at Annexure III.

d) If the applicant is a limited Company, or a Corporation, the Documents shall be signed by a

duly authorized person holding Power of Attorney for signing the Documents in the Format at

Annexure III.

10.3 Items to be kept in mind while furnishing details

While filling in Qualification Information documents and the Financial Bid, following should be

kept in mind:

i) There shall be no additions or alterations except those to comply with the instructions issued by

the Employer or as necessary to correct errors, if any, made by the tenderers.

ii) Details should be typed or written in indelible ink.

iii) All Corrections, Cutting, Addition and overwriting should be initialed by the authorize person or

persons.

iv) Conditional Offer/ Tender will be rejected. Unconditional rebate/ discounts in the Financial

offer will however be accepted.

v) The Employer reserves the right to accept or reject any conditional rebate/discounts. While

evaluating the Bid Price, the conditional rebates/discounts which are in excess of the

requirements of the bidding documents or otherwise result in accrual of unsolicited benefits to

the Employer, shall not be taken into account.

vi) Each page of the Bid should be signed by the tenderer along with the name of the Company,

Seal of the Company and Date

10.4 Sealing and Marking of Tenders

10.4.1 Single Packet System: Envelopes 1 & 2 as described in Para 10.1.1 above should be sealed

separately superscribing “Envelope Number, Name of the Work and Name of the Tenderer”.

Envelope 1 Earnest Money & Cost of Tender in the form of DD/Bankers Cheque / Pay order on

any Schedule Bank in Favour of RITES Ltd. payable at Gurgaon/Delhi if Document is downloaded

from the website.

Envelope 2 Technical & Financial Bid

10.4.2 If the envelopes and packets are not superscribed and sealed as indicated above, the Employer

will assume no responsibility for the misplacement or premature opening of the Tender.


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10.5 Deadline for submission of Tender

10.5.1 Tenders must be received by the Employer at the following address not later than 13.00 Hrs. on

12.03.2012. In the event of the specified date for the submission of the Tender being declared a

holiday by the Employer, the Tenders will be received up to the appointed time on the next

working day.

Address for submission of Tender:

General Manager, UT Division, RITES Ltd., 6C, Bharat Apartments,

44/1, Fair Field Layout,

Race Course Road, Bangalore – 560001

10.5.2 The Employer may extend the deadline for submission of Tenders by issuing an amendment in

writing in accordance with Para 6.3 in which case all rights and obligations of the Employer and

the tenderer previously subject to the original deadline will be subject to new deadline.

10.5.3 In case the date of Submission of the bids as mentioned above is declared to be closed holiday,

the bids shall be received and opened on the next working day at the same time & venue.

11.0 Late Tender / Delayed Tender

Any Tender received by the Employer after the specified date and time of receipt of tender will

be returned unopened to the tenderer.

12.0 TENDER OPENING, EVALUATION AND CLARIFICATIONS OF APPLICATIONS

12.1 The Employer will open all the Tenders received (except those received late or delayed) as

described in para 12.2 below, in the presence of the Tenderers or their representatives who

choose to attend at 14.00 hrs. on 12.03.2012 in the office of “RITES Ltd., 6C Bharat Apartments,

44/1, Fair Field Layout, Race Course Road, Bangalore – 1”. In the event of the specified date of

the opening being declared a holiday by the Employer, the Tenders will be opened at the

appointed time and location on the next working day.

12.2 Single Packet System

(a) Envelope 1 containing “Earnest Money of all the Tenderers will be opened first and checked. If

the Earnest Money furnished is not for the stipulated amount or is not in an acceptable form then

the Envelope 2 (TECHNICAL & Financial BID) will be returned to the tenderer concerned unopened

at the time of opening of the Tender itself. The Envelopes 2 of other Tenderers who have

furnished Earnest Money of correct amount in acceptable Form will then be opened. The

tenderer’s name, the presence of Earnest Money and Authority to sign and such other details as

the Employer may consider appropriate will be announced by the Employer at the time of opening

The Employer’s official opening the Tender will sign on this Envelope and will also take the

signatures of two or three Tenderers or their representatives present. This Envelope will be kept in

safe custody by the Employer.

(b) The Employer will scrutinize the Technical & Financial Bids accepted for evaluation to

determine whether each Tenderer.

(i) has submitted `Authority to sign’ as per para 10.2 above.


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(ii) meets the Qualification Criteria stipulated in Para 2.0 and

(iii) conforms to all terms, conditions and specifications of the Tender Document

without any modifications or conditions.

(c) If required, the Employer may ask any such tenderer for clarifications on his Bid. The request

for clarification and the response from the tenderer will be in writing. If a tenderer does not

submit the clarification/document requested, by the date and time set in the Employer’s

request for clarification, the bid of such tenderer is likely to be rejected.

13.0 INSPECTION OF SITE AND PROCEDURES TO BE FOLLOWED FOR THE TENDER BY THE TENDERERS

Tenderers are advised to inspect and examine the site and its surroundings and satisfy themselves

before submitting their tenders, the form and nature of the site, the means of access to the site,

the accommodation they may require and in general shall themselves obtain all necessary

information as to risks, contingencies and other circumstances which may influence or affect their

tender. A tenderer shall be deemed to have full knowledge of the site whether he inspects it or not

and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The

tenderer shall be responsible for arranging and maintaining at his own cost all materials, tools &

plants, water, electricity, access, facilities for workers and all other services required for executing

the work unless otherwise specifically provided for in the contract documents. Submission of a

tender by a tenderer implies that he has read this notice and all other contract documents and has

made himself aware of the scope and specifications of the work to be done and of conditions and

rates at which stores, tools and plant etc. will be issued to him by the Employer and local conditions

and other factors having a bearing on the execution of the work. The procedures to be followed by

the tenderers will be as per Para 17 of Instructions to Tenderer.

14.0 EMPLOYER’S RIGHT ON ACCEPTANCE OF ANY TENDER

(i) If required, the Employer may ask any tenderer the breakdown of unit rates. If the tenderer

does not submit the clarification by the date and time set in the Employers request for

clarification, such tender is likely to be rejected.

(ii) The competent authority on behalf of the Employer does not bind himself to accept the lowest

or any other tender and reserves to himself the authority to reject any or all the tenders

received without the assignment of any reason. All tenders in which any of the prescribed

conditions is not fulfilled or any condition is put forth by the tenderer shall be summarily

rejected.

15.0 CANVASSING PROHIBITED

Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and the

tenders submitted by the Contractors who resort to canvassing will be liable to rejection.

16.0 EMPLOYER’S RIGHT TO ACCEPT WHOLE OR PART OF THE TENDER

The competent authority on behalf of the Employer reserves to himself the right of accepting the

whole or any part of the tender and the tenderer shall be bound to perform the same at the rate

quoted.

17.0 MISCELLANEOUS RULES AND DIRECTIONS


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17.1 The tenderer shall not be permitted to tender for works if his near relative is posted as Associated

Finance Officer between the grades of AGM(F) and AM (F) in the concerned SBU Unit or as an

officer in any capacity between the grades of GGM/GM and Engineer (both inclusive) of the

concerned SBU of the Employer. He shall also intimate the names of persons who are working

with him in any capacity or are subsequently employed by him and who are near relatives to any

Gazetted officer in the organization of the Employer. Any breach of this condition by the

Contractor would render his Tender to be rejected.

No Engineer of Gazetted rank or other Gazetted Officer employed in Engineering or Administrative

duties in an Engineering Department of the Organisation of the Employer is allowed to work as a

contractor for a period of one year after his retirement from the Employer’s service without the

previous permission of the Employer in writing. The contract is liable to be cancelled if either the

Contractor or any of his employees is found any time to be such a person who had not obtained

the permission of the Employer as aforesaid before submission of the tender or engagement in

the Contractor’s service.

17.2 Use of correcting fluid anywhere in tender document is not permitted. Such tender is liable for

rejection.

17.3 Percentage/Item Rates submitted by the tenderer in Schedule of rate, in figures and words shall

be accurately filled in so that there is no discrepancy in the rates written in figures and words.

However, if a discrepancy is found, the rates which correspond with the amount worked out by

the contractor shall unless otherwise proved be taken as correct.

17.4 Special care should be taken to write quoted amount in figures as well as in words against the

respective column in Financial Bid so that interpretation is avoided. In case of discrepancies

between words and figure, the Percentage Rate written in words shall take precedence and while

quoting Item rates, the lumpsum amount written in words shall take precedence in Price Bid and

also the Rate written in words shall take precedence.

17.5 The percentage as well as item rates considered for the Percentage/Item Rate tender shall include

and shall be deemed to have included all taxes i.e. taxes on works contract, excise duty, octroi

duty, fees, royalties, service tax / VAT and any other duties or fees whatsoever leviable under the

State or Central Govt. or any other local authorities and also for getting the required mandatory

statutory approvals for completing the project. The rates considered for the Percentage/Item Rate

tender shall also include and shall be deemed to have included any other expenses like

transportation of materials to the work site, handling, loading and unloading thereof and taxes,

duties, royalties, fees, whatsoever on materials. It shall be the responsibility of the contractor to

bear any increase at future date after opening of tenders in the rates of taxes, duties, royalties,

fees etc. new taxes, duties, royalties, fees etc. by any Govt. / Local authorities and the Employer

will not entertain any claim whatsoever in respect of the same. The rates considered for the quote

also include the maintenance to be done as per Conditions of Contract during the Maintenance

Period.

17.6 The Percentage/Item Rate Tender shall be for execution of finished item of work, which include

cost of all materials, consumables, labours, plants, equipment, machineries, transportation of


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materials to site, loading, unloading, testing of materials and works, sample for testing, all taxes,

duties, royalties, contractor over heads, profit etc. on complete the item as per stipulated in

KPWD SR 11-12 specification and description.

17.7 The tender for the work shall not be witnessed by a Contractor or Contractors who

himself/themselves has/ have tendered for the same work. Failure to observe this condition

would render tenders of the Contractors tendering, as well as witnessing the tender, liable to

summary rejection.

17.8 The contractor’s responsibility for this contract shall commence from the date of commencement

as stipulated in the work order.

(a) The maintenance period for these works shall be the defects liability period as stipulated in

the conditions of contract.

(i) This contract includes restoration of excavated surface to at least its original condition etc.

(b) During the above maintenance period the contractor shall be responsible to make good, free

of cost, of all defects or damages which are due to defective workmanship / use of

substandard materials. If the contractor fails to make good such defects or damages even

after intimation to him within a reasonable time, RITES shall get the same rectified as deemed

fit at the contractor risk and the expenditure incurred by RITES shall be recovered from any

bills or deposits of the contractor either pertaining to this contract or from any other

contracts or in case any such sum being insufficient or not available for the recovery /

deductions the expenditure incurred by RITES shall be deemed as debt due.

17.9 The contractor desires to entrust his affair to any person or agent, a power of attorney duly

authorized by Magistrate / Notary / Court / Judge in favour of such person / agent, shall be

submitted to RITES, acceptance of which shall be at the discretion of Accepting Officer.

17.10 The tenderer are required to verify the tender documents received by them as to their

completeness in all respects and satisfy themselves before submitting the same. If any short receipt

of pages or otherwise defective, the same shall be brought to the notice of the authority issuing the

tender immediately and within seven days from issuing the tender document. If no such defects

are reported, it shall be deemed that the tenderer, received the said documents without any

defects and no complaint whatsoever in this regard shall be entertained after opening of tenders.

17.11 If tenderer gives wrong information in his tender or create conditions favourable for acceptance of

his tender, the accepting officer reserves the right to reject such tender at any stage and forfeit the

earnest money. The accepting officer shall be at liberty to foreclose the contract at any point.

17.12 Tenderer has to fill all required relevant details only as per the Proformas specified for each

qualifying criteria, Proformas should not be changed.

18.0 SIGNING OF CONTRACT AGREEMENT

18.1 The tenderer whose tender has been accepted will be notified of the award by the employer by

issue of a `Letter of Acceptance’ ‘ prior to expiration of the Bid Validity period, in the form at


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Annexure IV. Within the Seven days of the date of issue of Letter of Acceptance, the successful

tenderer shall deliver to the Employer, Performance Guarantee as per Clause 43.0 of Conditions of

Contract.

The Letter of Acceptance will be sent to the Contractor in two copies one of which he should return

promptly, duly signed and stamped. The Letter of Acceptance will be a binding Contract between

the Employer and the Contractor till the formal Contract Agreement is executed.

18.2 On acceptance of the tender, name of the accredited representative of the contractor who would

be responsible for taking instructions from the Engineer-in-charge shall be communicated by the

contractor

18.3 The tenderer whose tender is accepted shall be required to submit stamp papers of Rs. 200/- as per

the provisions of Indian Stamp Act within 7 days of the date of issue of Letter of Acceptance. The

cost of the stamp papers shall be borne by the tenderer.

18.4 At the same time the Employer notifies the successful tenderer that his tender has been accepted,

the Employer will direct him to attend the Employer’s office within 7 days of issue of Letter of

Acceptance for signing the Agreement in the proforma at Annexure V. 19.0 CORRUPT OR FRADULENT PRACTISES

19.1 The RITES requires that the Tenderers/Suppliers/Contractors, observe the highest standard of ethics

during the procurement and execution of such contracts. In pursuance of this policy, RITES:

(a) will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(b) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a RITES Ltd. contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a RITES contract.

19.2 Furthermore, Tenderers shall be aware of the provision stated in sub-clause 50.2 of the Conditions

of Contract.

20.0 EXECUTION OF THE PROJECT

20.1 General

(a) The contractor shall submit detail program chart (PERT chart) for the execution of the project

which will be approved by RITES after verification and scrutiny.

(b) The agency shall bound to execute the work by adhering strictly to the item specifications,

technical specification of KPWD/CPWD within the time frame of the contract.

(c) The entire work has to be executed under the technical supervision of RITES technical

personnel. The contractor has to maintain all site records and registers as instructed by RITES

from time to time.

21.0 TERMS OF PAYMENT


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(a) Running account bill will be submitted by the agency/firm/company with the detailed

measurements in soft and hard copy. The hard copy will be treated as measurement books or

otherwise measurements have to be entered in the Measurement Books. Payment shall be

restricted to the value of work based on cumulative measurements without any reference to

stage as completed upto the claim date and rates quoted. Any variations in the drawing and

items as per the instructions of RITES Ltd. in writing will be dealt as per Conditions of Contract.

(b) The Agency/Firm/Company shall, when required by the RITES Ltd. furnish promptly all relevant

documents; vouchers, returns etc so as to assist the Engineer in the preparation of certificates.

(c) In special cases where the Contractor makes a written request, the Engineer in Charge may

consider releasing 50 to 75% of the RA Bill amount (When excavation is completed, utility

identified, measurements taken etc, filling started but surface not completely restored to its

original position) as Adhoc Advance Payment pending Technical Check / completion of work. If

subsequent Technical Check shows grave irregularities in the work executed at site, , this facility

of Adhoc Advance payment on RA Bills shall be withdrawn and no further recommendations for

Adhoc Advance Payment shall be entertained.

22.0 SPECIAL CONDITIONS

(a) The rates quoted shall remain firm. The approximate estimate value indicated in the tender is

not guarantee and is merely given as a rough guide. Tenderer shall not have any claim

whatsoever on that account.

(b) RITES reserves the right to terminate the contract at any time after acceptance of the tender

and also if RITES decides to abandon or reduce the scope of work for any reason whatsoever

and hence not required the whole or any part of the works to be carried out, the Engineer-in-

Charge shall give notice in writing to that effect to the agency. The compensation if any payable

for such foreclosure of work will be discussed mutually between RITES and agency settled after

taking into account considering the loss suffered by the agency on account of the foreclosure of

the contract. The agency shall have no claim to any payment of compensation or otherwise

whatsoever on account of any profit or advantages which he might have derived consequently

on foreclosure of the whole or part of the works. RITES shall have the option to take over the

agency materials or any part thereof.

(c) The amount of compensation payable to the agency due to foreclosure will be decided by the

competent authority of RITES.

(d) If the agency commits any breach of any terms of this contract, RITES shall also be entitled to

terminate the contract and on such termination, the remuneration payable to the agency shall

be only in proportion to the services rendered by them till that date after recovery of losses

suffered by RITES.

(e) The agency shall further keep RITES indemnified and harmless against any claims or liabilities

arising out of eventualities in connection with the workmen or any member engaged by or


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under the workmen’s compensation act or any other provision of law statutory or otherwise.

Any expenditure incurred by RITES in this connection shall be fully reimbursed by the agency.

23.0 All the mandatory tests charges shall be borne by the Contractor.

24.0 RITES RESERVE THE RIGHT TO AWARD OR REJECT ANY OFFER WITHOUT ASSIGNING ANY

REASON. NO CLAIM ON THIS ACCOUNT WILL BE ENTERTAINED.


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ANNEXURE I

QUALIFYING CRITERIA FOR WORKS CONTRACT

A. Essential Eligibility Criteria shall be as under:

1. Earnest Money Deposit – as per Clause No. 8.0 of Instructions to Tenderers.

2. Annual Financial Turnover - Not Applicable

Notes :

- The financial turnover will be taken as given under the head “Income” in audited Profit and

Loss Account and excluding non-recurring income, income from other sources and stock.

- Weightage of 5% (compounded annually) shall be given for equating the financial turnover

of the previous years to the current year.

- For considering the financial years, for example for a work for which the tender is being

opened in financial year 2010-11, the last five financial years shall be 2009-10, 2008-09,

2007-08, 2006-07 and 2005-06. For a tender opened on (say) 25.03.2011 (F.Y. 2010-11),

with weightage of 5% compounded annually, the weightages to be applied on the Turnover

of the previous Five Financial Years will be : F.Y. 2009-10 = 1.050; F.Y. 2008-09 1.103; F.Y.

2007-08 = 1.158; F.Y. 2006-07 = 1.216; F.Y. 2005-06 = 1.276.

- The tenderer should submit self attested copy of Auditor’s Report along with Balance Sheet

and Profit and Loss statement along with Schedules for the relevant financial year in which

the minimum criterion is met. Provisional audit reports or certified statements shall not be

accepted.

- If the Audited Balance Sheet for the immediately preceding year is not available in case of

tenders opened before 30th

Sept., audited Balance Sheets, Profit and Loss statements and

other financial statements of the five financial years immediately preceding the previous

year may be adopted for evaluating the credentials of the bidder.

- Closing stocks in whatsoever manner should not form part of turnover.

3. Work Experience

a) Similar Works Experience

The bidder should have satisfactorily completed, in his own name, at least one similar work

of minimum value of Rs. 61.58 Lakhs OR two works each of minimum value of Rs. 38.49

Lakhs OR three works each of minimum value of Rs. 30.79 Lakhs during the last 5 (five)

years prior to the date of submission of the bid. Works completed prior to the cut off date

shall not be considered.


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Similar Work: Similar works shall mean the work of Trenching for utility Identification /

diversion OR Road work.

Notes :

- A weightage of 5% (compounded annually from the date of completion of the work to the

submission of the bid) shall be given for equating the value of works of the previous years to

the current year. (similar to that in Annual turnover)

- Only such works shall be considered where physical completion of entire work is over or

commissioning of work has been done, whichever is earlier.

- The bidder should submit the details of such similar completed works as per the format at

Proforma-1 enclosed. The value of work executed should be inclusive of the value of free

supply items and escalation amount, if any.

- Credential certificates issued by Govt. Organizations/ Semi Govt. Organizations/ Public Sector

Undertakings/ Autonomous bodies / Municipal Bodies/Public Ltd. Co. supported with TDS

Certificates shall only be considered for assessing the eligibility. In case of Certificate from a

Public Limited Co. the bidder should also submit documentary proof that the Public Ltd. Co.

was listed on BSE or NSE when the work was executed for it.

- The cut off date shall be calculated backwards from the date of submission/opening of tender

i.e. for a tender which is being opened on 12.03.2012, the cutoff date shall be 13.03.2007.

4. Solvency Certificate: Not Applicable

5. Profitability: Not Applicable

6. Declaration of the Bidder

Even though the bidders may meet the above qualifying criteria, they are subject to be

disqualified if they have

a) Made misleading or false representation in the forms, statements and attachments in proof

of the qualification requirements. In such a case, besides tenderer’s liability to action under

para 8.4 of Instructions to Tenderers, the tenderer is liable to face the penalty of banning

of business dealing with him by RITES.

b) Records of poor performance such as abandoning the work, not properly completing the

contract, inordinate delays in completion, litigation history or financial failures etc.

c) Their business banned by any Central/State Government Department/ Public Undertakings

or Enterprises of Central/State Government.

d) Not submitted all the supporting documents or not furnished the relevant details as per the

prescribed format.


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e) A declaration to the above effect in the form of affidavit on stamp paper of Rs. 200/- duly

attested by Notary/Magistrate should be submitted as per format given in Proforma 3

enclosed.

Only those bidders who satisfies with the qualifying criteria from (1) to (6) above will be

qualified technically.

7. Certificate of TIN Number: - Attested copy of the Certificate or Registration of TIN Number

8. Availability of Technical Personnel - Details shall be furnished as per Proforma 4. Curriculum

Vitae may please be submitted as per the format enclosed at Proforma 4 A.

(a) Site Engineer – 1 Nos. + Adequate Site Supervisor/support staff

A Civil Engineering Graduate/Diploma with minimum of 5 years of experience in ‘Similar

works’ have to be deployed at site. He should be well versed with Local language/conditions

(site supervisor/supporting staff posted at each site of trenching, coordinating with various

agencies should as far as possible be local/well versed with local language/conditions) &

able to co-ordinate with various civic agencies/ Police/local agencies for effective, safe &

proper execution of work. He should have executed a project of similar magnitude and

nature. He shall have computer proficiency. He should be able to coordinate between RITES

Ltd. and their site office.

9. Availability of construction equipments as per Proforma 5. Details shall be furnished as per

Proforma -5.

10. Details of ongoing Projects

The applicant should submit the details of similar nature of on going Projects as per the

Proforma –6.

11. Litigation History

The applicant should submit the Litigation History as per the Proforma - 7.

12. Methodology

The proposed methodology and program of execution of work, backed with effective

coordination with various civic agencies/ Police/local agencies, equipment planning and

deployment, duly supported with broad calculations and quality control/ safety & security

procedures proposed to be adopted, justifying their capability of execution and completion

of the work as per technical specifications within the stipulated period of completion as per

milestones.

Only those bidders who satisfies with the qualifying criteria from (1) to (6) above will be

qualified technically.


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13. Check list of Documents to be submitted for Technical Bid

i) Earnest Money Deposit

ii) Annual Turnover: Not Applicable

iii) Work Experience

• Similar Work Experience: Proforma 1 with details of ‘Similar work’ which satisfy

requisite qualification criterion (Refer Para 3a above) and attested copy of work

done certificate for the similar work experience

iv) Solvency Certificate: Not Applicable - Refer Para 4 above.

v) Profitability: Not Applicable (Refer Para 5 above).

vi) Declaration by Bidder: Proforma 3 as per Para 6 above.

vii) Attested copy of Certificate of TIN Number.

viii) Availability of Technical Personnel i.e. Manpower– As per Proforma - 4 &

4A.

ix) Availability of machinery – As per Proforma - 5 & 5A

x) Details of on-going works – As per Proforma 6

xi) Litigation History – As per Proforma –7

xii) Methodology

All the check list of documents mentioned above to be enclosed with the Technical Bid. If any one of

the same is not enclosed RITES reserves the right to disqualify the tender.


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Proforma-1

LIST OF SIMILAR WORKS COMPLETED DURING THE LAST 5 YEARS

S.

No.

Client's

Name

and

Complete

Address

Postal

Address

with Pin

Code

Name of

the Work

& Location

Scope of

work

carried

out by

the

Bidder

Agreement

/ Letter of

Award No.

and date

Contract Value

(Rs. in Lakhs)

Date of

Start

Date of

Completion

Reasons for

delay in

completion

if any

Ref. of

document

(with page

no.) in

support of

meeting

Qualification

Criterion

Awarded Actual on

comple-

tion

As per

LOA/

Agree-

ment

Actual

SEAL AND SIGNATURE OF THE BIDDER

Note:

1. In support of having completed above works, attach self attested copies of the completion

certificate from the owner/client or Consultant appointed by owner / Client indicating the name

of work, the description of work done by the Bidder, date of start, date of completion

(contractual & actual) and contract value as awarded and as executed by the Bidder . “Contract

Value” shall mean gross value of the completed work including cost of materials supplied by the

owner/client but excluding those supplied free of cost.

2. Such Credential certificates issued by Govt. Organizations/ Semi Govt. Organizations / Public

Sector Undertakings / Autonomous bodies of Central or State Government / Municipal Bodies /

Public Ltd. Co. listed on BSE/NSE shall only be accepted for assessing the eligibility of a Tenderer.

In case of a Certificate from a Public Limited Co., the Bidder should also submit documentary

proof that the Public Ltd. Co., was listed on BSE or NSE when the work was executed for it.

3. Information must be furnished for works carried out by the Bidder in his own name or

proportionate share as member of a Joint Venture. In the latter case details of contract value

including extent of financial participation by partners in that work should be furnished.


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4. If a Bidder has got a work executed through a Subcontractor on a back to back basis, the Bidder

can include such a work for his satisfying the Qualification Criterion if the Client has issued a

Completion Certificate in favour of that Bidder.

5. Use a separate sheet for each partner in case of a Joint Venture.

6. Only similar works completed during the last 5 years prior to the last stipulated date for

submission of Bid, which meet the Qualification Criterion need be included in this list.


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Proforma 2

SOLVENCY CERTIFICATE FROM A NATIONALISED

OR A SCHEDULED BANK

NOT APPLICABLE FOR THE PRESENT TENDER UNDER CONSIDERATION

This is to certify that to the best of our knowledge and information, M/s ________________________,

having their registered office at _____________, a customer of our bank is a reputed company with a

good financial standing and can be treated as solvent to the extent of ___________. This certificate is

issued without any guarantee or risk and responsibility on the Bank or any of its officers.

Signature with date

Senior Bank Manager (Name of Officer

issuing the Certificate)

Name, address & Seal of the Bank/ Branch

Note:

Banker’s Certificate should be on letter head of the Bank.


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Proforma 3

DECLARATION BY THE BIDDER

(Affidavit on Non-Judicial Stamp Paper of Rs. 200/- duly attested by Notary / Magistrate)

This is to certify that We, M/s. __________________________, in submission of this offer confirm that:-

i) We have not made any misleading or false representation in the forms, statements and attachments

in proof of the qualification requirements;

ii) We do not have records of poor performance such as abandoning the work, not properly

completing the contract, inordinate delays in completion, litigation history or financial failures etc.

iii) No Central / State Government Department/ Public Sector Undertaking or Enterprise of Central /

State Government has banned/suspended business dealings with us as on date.

iv) We have submitted all the supporting documents and furnished the relevant details as per

prescribed format.

List of Similar Works satisfying Qualification Criterion indicated in Proforma 1 does include any work

which has been carried out by us through a Subcontractor on a back to back basis but Client has issued

a Completion Certificate in favour of that Bidder.

v) The information and documents submitted with the Tender and those to be submitted subsequently

by way of clarifications / making good deficient documents are correct and we are fully responsible

for the correctness of the information and documents submitted by us.

vi) We understand that in case any statement/information/document furnished by us or to be

furnished by us in connection with this offer, is found to be incorrect or false, our EMD in full will be

forfeited and business dealings will be banned.

SEAL AND SIGNATURE & NAME OF THE BIDDER

Signing this document


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Proforma 4

AVAILABILITY OF TECHNICAL PERSONNEL / STAFF PROPOSED FOR THE PROJECT

Name of the Applicant:

1 Position to be held – Site Engineer – 1 Nos.

Name of the Prime Candidate

2 Position to be held – Any Other Site Supervisor / support staff

Name of the Candidate

Note: 1) Provide summary of the qualified personnel, both technical and managerial who will occupy

key positions in the proposed works, such as Engineer-in-charge/Project Manager/Site Engineer and

other discipline heads directly under the Project Manager. Information should be provided for all

positions that the firm feels are essential for the successful execution of the project.

Particular attention should be paid to the personnel who will be posted for this work/at the site,

should be well versed with local language/conditions, able to coordinate with various civic

agencies/Police/local agencies/ safety & security agencies and who will be directly responsible for the

execution of the works. The Contractor must develop /create a local office having posted above

qualified local site engineer/supervisor/supp staff. This is minimum criteria for successful completion

of this work.

If above conditions are not fulfilled, RITES Engineer or his representative can impose suitable penalty.

2) Curriculum vitae of the personnel should be submitted separately in Proforma 4A.


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Proforma 4A

Curriculum Vitae

1 Proposed Position for this

Project

2 Name

3 Date of Birth

4 Nationality

5 Personal Address

Telephone No.

E-mail address

6 Education

(The year in which various

qualifications were obtained

must be stated)

7 Years with Firm / Entity

8 Other Training

9 a) Degree of Proficiency for

work under consideration

b) Degree of proficiency in

Local Language /conditions.

10 Membership in Professional

Societies

12 EXPERIENCE PROFILE (In Reverse Chronological Order):

Position held and Description of duties

13 Detailed Tasks Assigned

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, these data correctly

describe me, my qualifications and my experience.

Signature of staff member:

Place

Date

Full name of the Staff

Member:

I hereby give an undertaking to the effect that the above mentioned staff would be available for

RITES Ltd. during the period of consulting service.

______________________________________________ Date __________________

Signature of Authorised Representative of the Applicant Day/Month/Year


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Proforma 5

EQUIPMENT PROPOSED FOR USE FOR THE EXECUTION

The details for the following machinery may please be furnished as per the Proforma given below i.e.

Proforma 5A:

• Details of equipment/ machinery proposed to be deployed for this contract work, if any.


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Proforma 5A

Name of Applicant:

Not Applicable

Equipment :

Equipment information 1. Name of manufacture

2. Model and Power rating

3. Capacity

4. Year of Manufacture

Current Status 5. Current location

6. Details of current commitments

Source 7. Indicate source of equipment

* Owned

* Rented

* Leased

* Special manufactured

Note: 1) List of the equipment for execution of this work along with the standby etc. which the

firms propose to use for this proposed works.

2) The applicant should clearly demonstrate that he has access to all key equipment, which will be

required for the successful completion of works.


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Proforma 6

DETAILS OF SIMILAR ON GOING WORKS

S.

No.

Client's

Name

and

Complete

Address

Postal

Address

with Pin

Code

Name of

the Work

& Location

Scope of

work

carried

out by the

Bidder

Agreement

/ Letter of

Award No.

and date

Contract

Value (Rs.

in Lakhs)

Value of

Materials

supplied

free by

the Client

Date of

Start

Date of

Completion

Percentage

of

completion

Reasons

for delay in

completion

if any

SEAL AND SIGNATURE OF THE BIDDER

Note:

1. In support of above works attach self attested copies of the Work Orders / Agreement as received

by the owner/client indicating the name of work, the description of work done by the bidder, date

of start, date of completion (contractual & actual), value of contract as awarded and as executed

by the bidder and value of material supplied free by the client and escalation amount.

2. Information must be furnished only for works carried out by the Bidder in his own name. Works

carried out as a Partner in the Joint Venture shall not be included in this Proforma.


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Proforma 7

LITIGATION HISTORY

Name of the Applicant:

Year

Award for or

against

applicant

Name of the

Client, cause of

litigation and

matter of

dispute

Disputed

amount

(Current value

in Rs.)

Actual awarded

amount (in Rs.)


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ANNEXURE II

QUALIFICATION INFORMATION/CHECKLIST OF DOCUMENTS

LETTER OF TRANSMITTAL BY OTHER THAN JOINT VENTURES

(on letter head of the Applicant)

From:

To

RITES Ltd.

Sir,

Sub: Submission of Qualification information /documents as per Checklist.

A. I/We hereby submit the following documents in support of my/our satisfying the

Qualification Criteria laid down for the work:-

1) Self Attested copy of Memorandum and Articles of Association of the firm.

2) Self Attested copy of PAN/TAN issued by Income Tax Department.

3) Self Attested copy of valid certificate (valid as on last date of submission of bid) of

registration with KPWD/ CPWD/Railways/MES/ RITES/KHB or any other Central Govt. /

State Govt. of PSUs.

4) Earnest Money Deposit

5) Annual Turnover - Not Applicable

6) Work Experience

• Similar Work Experience: Proforma 1 with details of Similar works, which satisfy

requisite qualification criterion (Refer Para 3a of Annexure - I) and attested copy

of work done certificate for the similar work experience

7) Solvency Certificate - Not Applicable (Refer Para 4 of Annexure – I).

8) Profitability - Not Applicable (Refer Para 5 of Annexure - I).

9) Declaration by Bidder: Proforma 3 as per Para 6 of Annexure -I.


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10) Attested copy of Certificate of TIN Number.

11) Availability of Technical Personnel i.e. Manpower– As per Proforma - 4 & 4A.

12) Availability of machinery – As per Proforma - 5 & 5A

13) Details of on-going works – As per Proforma - 6

14) Litigation History – As per Proforma – 7

15) Methodology

16) Self Attested copy of Sales Tax, Works Contract Tax, Service Tax Registration

Certificate (as applicable).

17) Self Attested copy of Registration under Labour Laws, like PF, ESI etc.

18) Self Attested copy of ISO 9000 Certificate (if any)

19) Any other document on Qualification and experience.

B. I have furnished all the information and details necessary to prove that I satisfy all the

Qualification Criteria laid down.

C. I authorize you to approach any Bank, Individual, Employer, Firm or Corporation whether

mentioned in the enclosed documents or not, to verify our competence and general

reputation.

D. I have also enclosed written Power of Attorney of the signatory of the tender on behalf of

the tenderer.

Yours faithfully,

Encl: as In Para 1

Signature of Applicant

with Name ________

Date with seal


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ANNEXURE III

FORMAT FOR POWER OF ATTORNEY TO AUTHORISED SIGNATORY

POWER OF ATTORNEY

(To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant

Stamp Act. The stamp paper to be in the name of the firm/ company who is issuing the power of

attorney).

We, M/s.______ (name of the firm/company with address of the registered office) hereby constitute,

appoint and authorize Mr./Ms.______ (Name and residential address) who is presently employed

with us and holding the position of ______, as our Attorney to do in our name and our behalf all or

any of the acts, deeds or things necessary or incidental to our bid for the work _____ (name of

work), including signing and submission of application proposal, participating in the meetings,

responding to queries, submission of information / documents and generally to represent us in all

the dealings with the RITES or any other Government Agency or any person, in connection with the

works until culmination of the process of bidding till the Contract Agreement is entered into with the

RITES and thereafter till the expiry of the Contract Agreement.

We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney pursuant to

this power of attorney and that all acts, deeds and things done by our aforesaid Attorney shall and

shall always be deemed to have been done by us.

(Add in the case of a Consortium/Joint Venture)

Our firm is a Member/Lead Member of the Consortium of ______, ______ and ______

Dated this the _____ day of ______ 2012

Signature of the Attorney

Attested (Signature and Name of the authorized signatory)

Dated this the _____ day of ______ 2012

(Signature and Name in block letters of all the remaining partners of the firm Signatory for the

Company)

Seal of firm Company

Witness 1: Witness 2:

Name: Name:

Address: Address:

Occupation: Occupation:


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Notes:

- To be executed by all the members individually. In case of a consortium, JV, the Authorized

signatory has to be the one employed by the Lead Member.

- The Mode of execution of the power of attorney should be in accordance with the

procedure, if any laid down by the applicable law and the charter documents of the

executants (s) and when it is so required the same should be under common seal affixed in

accordance with the required procedure.


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ANNEXURE IV

(FORM OF LETTER OF ACCEPTANCE)

(By REGD POST / ACK.DUE)

(On the letter head of RITES)

NO. RITES/ Dated :

To

Name & Address of the Contractor

Dear Sirs,

Sub: TENDER No. ………………. FOR THE WORK OF

Ref: Your tender dated _________________ and letter dated _____________.

This is to notify you that your Tender for the work under reference has been accepted by the

Competent Authority of RITES LIMITED for a total Contract Price of Rs. _______ (Rupees

……….. only) in its capacity as an Agent and Power of Attorney Holder acting on behalf of BMRCL.

Pursuant to clause 43 of the Conditions of Contract you are required to furnish irrevocable

Performance Guarantee for an amount equivalent to 5% (Five percent) of the Contract Price. The

Guarantee of amount of Rs.______________ is required to be submitted within ___ days of issue of

this Letter of Acceptance.

The time of ________months allowed for execution of the work will be reckoned from 4 days after

the date of issue of this Letter of Acceptance or from the first day of the handing over of the site,

whichever is later, in accordance with phasing, if any, indicated in tender document.

You are requested to contact _________ (complete designation and address of the project-in-

charge) for carrying out the contract.

You are also requested to attend this office within seven days from the date of issue of this letter

for execution of the formal agreement. It may be noted that no payment shall be made for any

work carried out by you till the Agreement is executed and till such time the Performance

Guarantee has been submitted by you.


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This Letter of Acceptance is being sent to you in duplicate and you are requested to return without

delay one copy of the letter duly signed and stamped, as a token of your acknowledgement.

Kindly note that this Letter of Acceptance shall constitute a binding Contract between us pending

execution of formal Agreement.

Your letter referred to above shall form part of the Contract.

Yours faithfully,

RITES LIMITED

Copy to

1. Project-in-charge (Complete designation and address)

2. Associated Finance (Not in original)


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ANNEXURE V

FORM OF AGREEMENT

(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

Agreement No. ________ dated _________

THIS AGREEMENT is made on ________ day of ______ Two thousand ________ between RITES Ltd.

a Government of India Enterprise and a Company registered under Companies Act, 1956 having its

registered office at SCOPE Minar, Laxmi Nagar, Delhi - 110092 and its Corporate Office at RITES

BHAWAN, Plot No.1, Sector 29, Gurgaon (Haryana) representing through General Manager(UT),

RITES Ltd., Bangalore, acting on behalf of and as an Agent and Power of Attorney Holder of _____

hereinafter called the Employer (which expression shall, wherever the context so demands or

requires, include their successors in office and assigns) on one part and M/s.______ hereinafter

called the Contractor (which expression shall wherever the context so demands or requires, include

his/ their successors and assigns) of the other part.

WHEREAS the Employer is desirous that certain works should be executed viz. (brief description of

the work) _____ and has by Letter of Acceptance dated ____ accepted a tender submitted by the

Contractor for the execution, completion, remedying of any defects therein and maintenance of

such works at a total Contract Price of Rs. ______ (Rupees ______________ only)

Now THIS AGREEMENT WITNESSETH as follows:-

1. In this agreement words and expressions shall have the same meaning as are respectively

assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents in conjunction with Addenda/ Corrigenda to Tender Documents shall

be deemed to form and be read and construed as part of this agreement viz.

a) The Letter of Acceptance

b) Technical & Financial Bid





v Drawings

vi) Financial Bid

3. In consideration of the payment to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute,

complete, remedy defects therein and maintain the works in conformity in all respects with

the provisions of the Contract.

4. The Employer hereby covenants to pay to the Contractor in consideration of the execution,

completion, remedying of any defects therein and maintenance of the works, the contract

price or such other sum as may become payable under the provisions of the contract at the

time and in the manner prescribed by the Contract.


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IN WITNESS whereof the parties hereto have caused their respective common seals to be hereinto

affixed (or have herewith set their respective hands and seals) the day and year first above written.

SIGNED, SEALED AND DELIVERED BY

____________________________

In the capacity of _____

On behalf of M/s. _________

(The Contractor)

In the presence of

Witnesses (Signature, Name &

Designation)

1.

2.

______________________________

representing RITES LIMITED

In the capacity of Agent and Power of

of Attorney Holder

For and on behalf of BMRCL

In the presence of

Witnesses (Signature, Name &

Designation)

1.

2.


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Page 49 of 91

TENDER AND CONTRACT FOR WORKS

To,

The Accepting Authority,

RITES Ltd., UT Division

Bangalore

TENDER

1. I/We have read and examined the Notice Inviting Tender, Invitation for Bids, Instructions to Tenderer,

Scope of the work, Conditions of Contracts, (Conditions of Contract, Special Conditions of Contract &

Contract Data) Financial Bid & Schedule of Rates (Bill of Quantities), Drawings and Designs, other

documents and rules referred to in the Conditions of Contract and all other contents contained in the

Tender Document for the work.

2. I/We hereby tender for the execution and completion of the work and remedy any defects therein,

specified in the Schedule of Quantities within the time specified in Contract Data, and in accordance in all

respects with the specifications, designs, drawings and instructions in writing referred to in Notice

Inviting Tender and Instructions to Tenderers and in Conditions of Contract and with such materials as

are provided for, by, and in respects in accordance with, such conditions so far as applicable.

3. We agree that our tender shall remain valid for a period of 90 days from the due date of submission

thereof and not to make any modifications in its terms and conditions.

4. A sum of ` ___________ (Rupees _________ only) is hereby forwarded in the form Banker’s

cheque/Demand Draft issued in favour of RITES Ltd., payable at _________ as the Earnest Money.

5. If, I/We withdraw my/our tender during the period of tender validity or before issue of letter of

acceptance which ever is earlier or make modifications in the Terms and Conditions of the Tender which

are not acceptable to the Employer, then the Employer shall, without prejudice to any other right or

remedy, be at liberty to forfeit entire Earnest Money absolutely.

6. If I/We fail to furnish the prescribed Performance Guarantee within prescribed period, I/We agree that

the said Employer shall, without prejudice to any other right or remedy, be at liberty to forfeit the said

Earnest Money absolutely.

7. If, I/We fail to commence the work within the specified period, I/We agree that the Employer shall,

without prejudice to any other right or remedy available in law, be at liberty to forfeit the Earnest Money

and Performance Guarantee absolutely.

8. Further, I/We hereby agree that in case of forfeiture of Earnest Money or both Earnest Money &

Performance Guarantee as aforesaid in paras 5 to 9, I/We shall be debarred for participation in re-

tendering process of the work.

9. On issue of Letter of Acceptance by the Employer I/We agree that the said Earnest Money shall be

retained by the Employer towards Security Deposit, to execute all the works referred to in the Tender

document upon the Terms and Conditions contained or referred to therein and to carry out such

deviations as may be ordered, upto maximum of the percentage/item rate mentioned in Contract Data,

and those in excess of that limit at the rates to be determined in accordance with the provisions

contained in Conditions of Contract of the tender form.


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10. I/We hereby agree that I/ We shall sign the Formal Agreement with the Employer within 7 days from the

date of issue of Letter of Acceptance. In case of any delay, I/We agree that we shall not submit any Bill

for Payment till the Contract Agreement is signed.

11. I/We hereby declare that I/We shall treat the tender documents, drawings and other records connected

with the work as secret/confidential documents and shall not communicate information derived there

from to any person other than a person to whom I/We am/are authorized to communicate the same or

use the information in any manner prejudicial to the safety of the Employer/State.

12. I/We hereby declare that I/We have not laid down any condition/deviation to any content of Technical

Bid and/or Financial Bid. I/We agree that in case any condition is found to be quoted by us in the

Technical and/or Financial Bid, my/our Tender may be rejected.

13. I/We understand that the Employer is not bound to accept the lowest or any tender he may receive.

I/We also understand that the Employer reserves the right to accept the whole or any part of the tender

and I/We shall be bound to perform the same at the rates quoted.

14. Until a formal agreement is prepared and executed, this bid together with our written acceptance

thereof shall constitute a binding contract between us and RITES.

15. I am/We are signing this Tender offer in my / our capacity as one/those authorized to sign on behalf of

my/our company/as one holding the Power of Attorney issued in my favour as Lead Member by the

Members of the Joint Venture.

Signature of Authorized Person/s

Date

Name/s & Title of Signatory

Name of Tenderer

Postal Address

Seal

Witness

Signature

Name

Postal Address

Occupation


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CONDITIONS OF CONTRACT

A. General

1. Definitions

1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract but

keep their defined meanings. Bold letters are used to identify defined terms.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Tender.

Compensation events are those defined in Clause 38 hereunder.

The Completion Date is the date of completion of the Works as certified by the Employer in accordance with Sub Clause 46.1. The Contract is the contract between the Employer and the Contractor to execute, complete and maintain the Works. It consists of the documents listed in Clause 2.2 below. The Contract Data defines the documents and other information which comprise the Contract. The Contractor is a person or corporate body whose Tender to carry out the Works has been accepted by the Employer. The Contractor's Tender is the completed Tender document submitted by the Contractor to the Employer. The Contract price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract. Days are calendar days; months are calendar months. A Defect is any part of the Works not completed in accordance with the Contract. The Defects liability period is the period named in the Contract Data and calculated from the Completion Date. The Employer is the party who will employ the Contractor to carry out the Works. Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the Works.

The Initial Contract price is the Contract Price listed in the Employer's Letter of Acceptance.

The Intended Completion Date is the date on which it is intended that the Contractor shall

complete the Works. The Intended Completion Date is specified in the Contract Data. The Intended

Completion Date may be revised only by the Employer by issuing an extension of time.

Materials are all supplies, including consumables, used by the contractor for incorporation in the

Works.

Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical


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or biological function.

The Site is the area defined as such in the Contract Data.

Specification means the Specification of the Works included in the Contract and any modification or

addition made or approved by the Employer.

The Start Date shall be 4 days from the date of issue of Letter of Acceptance or date of handing over

of the site which is later.

A Subcontractor 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 work on the Site.

A Variation is an instruction given by the Employer which varies the Works.

The Appointing Authority shall mean General Manager, UT Division, RITES Ltd.

The Appellate Authority shall mean DGM(C)/JGM(C)/AGM(C) under UT Division, RITES ltd.

The Engineer-in-charge shall mean Engineer(C)/AM(C)/Manager(C) under UT Division, RITES Ltd.

The Works are what the Contract requires the Contractor to execute, install and hand over to the

Employer, 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 meaning

under the language of the Contract unless specifically defined. The Employer will provide

instructions clarifying queries about the Conditions of Contract.

2.2 The documents forming the Contract shall be interpreted in the following order of priority:

(1) Agreement

(2) Letter of Acceptance, notice to proceed with the works

(3) Contractor’s Tender

(4) Contract Data

(5) Conditions of Contract

(6) Specifications

(7) Drawings

(8) Bill of quantities and

(9) any other document listed in the Contract Data as forming part of the Contract.


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3. Law governing contract

3.1 The law governing the Contract is the Laws of India supplemented by the Karnataka Local Acts.

4. Employer's decisions

4.1 Except where otherwise specifically stated, the Employer will decide contractual matters between

the Employer and the Contractor.

5. Delegation

5.1 The Employer may delegate any of his duties and responsibilities to other people after notifying the

Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

6.1 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).

7. Subcontracting

7.1 The Contractor may subcontract with the approval of the Employer but may not assign the Contract

without the approval of the Employer in writing. Subcontracting does not alter the Contractor's

obligations.

8. Other Contractors

8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities,

and the Employer.

9. Personnel

9.1 The Contractor shall employ the technical personnel (of number and qualifications) as may be

stipulated by RITES/BMRCL from time to time during the execution of the work. The technical staff so

employed shall be available at site as may be stipulated by the Employer.

9.2 If the Employer asks the Contractor to remove a person who is a member of the Contractor’s staff or

his work force stating the reasons, the Contractor shall ensure that the person leaves the Site within

seven days and has no further connection with the work in the Contract.

10. Employer’s and Contractor's risks

10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor

carries the risks which this Contract states are Contractor’s risks.

11. Employer's risks

11.1 The Employer is responsible for the excepted risks which are:

(a) rebellion, riot commotion or disorder unless solely restricted to employees of the Contractor or

his Sub-Contractors arising from the conduct of the Works; or

(b) a cause due solely to the design of the Works, other than the Contractor’s design; or


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(c) any operation of the forces of nature (in so far as it occurs on the Site) which an experienced

contractor:

(i) could not have reasonably foreseen; or

(ii) could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures;

(A) prevent loss or damage to physical property from occurring by taking appropriate measures or (B) insure against such loss or damage

12. Contractor’s risks

12.1 All risks of loss of or damage to physical property and of personal injury and death which arise

during and in consequence of the performance of the Contract other than the excepted risks are

the responsibility of the Contractor.

13. Insurance

13.1 The Contractor shall prior to commencing the works, effect and thereafter maintain insurances , in

the joint names of the Employer and the Contractor, (cover from the first working day after the

Start Date to the end of Defects Liability Period), in the amounts stated in the Contract Data:

(a) for loss of or damage to the Works, Plants and Materials and the Contractor’s equipment;

(b) for liability of both Parties for loss, damage, death and injury to third parties or their property

arising out of the Contractor’s performance of the Contract including the Contractor’s liability

for damage to the Employer’s property other than the Works and

(c) for liability of both Parties and of any Employer’s representative for death and injury to the

Contractor’s personnel except to the extent that liability arises from the negligence of the

Employer, any Employer’s representative or their Employees.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Employer for his

approval before the Start Date. All such insurance shall provide for compensation to be pay able to

rectify the loss or damage incurred. All payments received from insurers relating to loss or damage

shall be held jointly by the Parties and used for the repair of the loss or damage or as compensation

for loss or damage that is not to be repaired.

13.3 If the Contractor fails to effect or keep in force any of the insurances referred to in the previous

sub-clauses or fails to provide satisfactory evidence, policies or receipts, the Employee may with out

prejudice to any other right or remedy, effect insurance for the cover relevant to such default and

pay the premiums due and recover the same as a deduction from any other monies due to the

Contractor. If no payments are due, the payment of the premiums shall be a debt due.

13.4 Alterations to the terms of insurance shall not be made without the approval of the Employer.

13.5 Both Parties shall comply with any conditions of the insurance policies.


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14. Site Investigation Reports

14.1 The agency/firm while preparing for the tender shall conduct soil investigation and shall rely on any

site investigation reports referred to in the Contract data, supplemented by any information

available to the Tenderer.

15. Queries about the Contract Data

15.1 The Employer will clarify queries on the Contract Data.

16. Contractor to construct the Works

16.1 The Contractor shall construct the Works in accordance with the Specification and Drawings.

17. The Works to be completed by the Intended Completion Date

17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the

works in accordance with the program submitted by the Contractor, as updated with the approval

of the Employer, and complete them by the Intended Completion Date.

18. Approval by the Employer

18.1 The Contractor shall submit Specification and drawings showing the proposed temporary work to

the Employer, who is to approve them if they comply with the Specifications and Drawings.

18.2 The Contractor shall be responsible for the design of temporary works.

18.3 The Employer’s approval shall not alter the Contractor’s responsibility for design of the temporary

works.

18.4 The Contractor shall obtain approval of third parties to the design of the temporary works where

required.

18.5 All Drawings prepared by the Contractor for the execution of the temporary works, are subject to

prior approval by the Employer before their use.

19. Safety

19.1 The Contractor shall be responsible for the safety of all activities on the Site and shall follow Safety

Rules and Regulations.

20. Discoveries

20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site is

the property of the Employer. The Contractor is to notify the Employer of such discoveries and

carry out the Employer's instructions for dealing with them.

21. Possession of the Site

21.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part

is not given by the date stated in the Contract Data the Employer is deemed to have delayed the

start of the relevant activities and this will be Compensation Event.


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22. Access to the Site

22.1 The Contractor shall allow the Employer and any person authorized by the Employer 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.

23. Instructions

23.1 The Contractor shall carry out all instructions of the Employer which comply with the applicable

laws where the Site is located.

24. Procedure for resolution of Disputes

24.1 If the Contractor is not satisfied with the decision taken by the Employer, the dispute shall be

referred by either party to Arbitration within 30 days of the notification of the Employer’s decision.

24.2 If neither party refers the dispute to Arbitration within the above 30 days, the Employer’s decision

will be final and binding.

24.3 The Arbitration shall be conducted in accordance with the arbitration procedure stated in the

Special Conditions of Contract.

B. Time Control

25. Program

25.1 Within the time stated in the Contract Data the Contractor shall submit to the Employer for approval

a Program showing the general methods, arrangements, order, and timing for all the activities in the

Works.

25.2 The Employer's approval of the Program shall not alter the Contractor's obligations. The Contractor

may revise the Program and submit it to the Employer again at any time. A revised Program is to

show the effect of Variations and Compensation Events.

26. Extension of the Intended Completion Date

26.1 The Employer shall extend the Intended Completion Date if a Compensation Event occurs or a

Variation is issued which makes it impossible for Completion to be achieved by the Intended

Completion Date.

26.2 The Employer shall decide whether and by how much to extend the Intended Completion Date

within 21 days of the Contractor asking the Employer for a decision upon the effect of a

Compensation Event or Variation and submitting full supporting information.

27. Delays ordered by the Employer

27.1 The Employer may instruct the Contractor to delay the start or progress of any activity within the

Works.


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28. Management meetings

28.1 The Employer may require the Contractor to attend a management meeting. The business of a

management meeting shall be to review the progress achieved and the plans for remaining work.

28.2 The responsibility of the parties for actions to be taken is to be decided by the Employer either at

the management meeting or after the management meeting and stated in writing to be distributed

to all who attended the meeting.

C. Quality Control

29. Identifying defects

29.1 The Employer shall check the Contractor's work and notify the Contractor of any Defects that are

found. Such checking shall not affect the Contractor's responsibilities. The Employer may instruct the

Contractor to search for a Defect and to uncover and test any work that the Employer considers

may have a Defect.

30. Tests

30.1 If the Employer instructs the Contractor to carry out a test not specified in the Specification to

check whether any work has a Defect and the test shows that it does, the Contractor shall pay for

the test and any samples. If there is no Defect the test shall be a Compensation Event.

31. Correction of defects

31.1 The Employer shall give notice to the Contractor of any Defects before the end of the Defects

Liability Period, which begins at Completion and is defined in the Contract Data. The Defects

Liability Period shall be extended for as long as Defects remain to be corrected.

31.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the

length of time specified by the Employer’s notice.

32. Uncorrected defects

32.1 If the Contractor has not corrected a Defect within the time specified in the Employer’s notice, the

Employer will assess the cost of having the Defect corrected, and the Contractor will pay this

amount.

D. Cost Control

33. Bill of Quantities (BOQ)

33.1 The BOQ shall contain items for the construction, installation, testing, and commissioning work to be

done by the Contractor.

33.2 The BOQ is used to calculate the Contract Price. The Contractor is paid for the quantity of the work

done at the rate in the BOQ for each item

34. Variations

34.1 The Employer shall have power to order the Contractor to do any or all of the following as

considered necessary or advisable during the progress of the work by him


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(a) Increase or decrease of any item of work included in the Bill of Quantities (BOQ);

(b) Omit any item of work;

(c) Change the character or quality or kind of any item of work;

(d) Change the levels, lines, positions and dimensions of any part of the work;

(e) Execute additional items of work of any kind necessary for the completion of the works; and

(f) Change in any specified sequence, methods or timing of construction of any part of the work.

34.2 The Contractor shall be bound to carry out the work in accordance with any instructions in this

connection, which may be given to him in writing by the Employer and such alteration shall not

vitiate or invalidate the contract.

34.3 Variations shall not be made by the Contractor without an order in writing by the Employer,

provided that no order in writing shall be required for increase or decrease in the quantity of an

item appearing in the BOQ so long as the work executed conforms to the approved drawings.

34.4 The Contractor shall promptly request in writing the Employer to confirm verbal orders and if no

such confirmation is received within 15 days of request, it shall be deemed to be an order in writing

by the Employer.

35. Payments for Variations

35.1 Payment for increase in the quantities of an item in the BOQ up to 50% of that provided in the Bill

of Quantities shall be made at the rates quoted by the Contractor.

35.2 For quantities in excess of 150% of the tendered quantity of an item as given in the BOQ, the

Contractor shall be paid at the rate entered in or derived from in the Schedule of Rates (applicable

for the area of the work and current at the time of award of contract) plus or minus the over all

percentage of the original tendered rates over the current Schedule of Rates prevalent at the time

of award of contract.

35.3 If there is no rate for the additional, substituted or altered item of the work in the BOQ, efforts

would be made to derive the rates from those given in the BOQ or the Schedule of Rates(applicable

for the area of the work and based on the schedule of the rates on which the tender was invited)

and if found feasible the payment would be made at the derived rate for the item plus or minus the

overall percentage of the original tendered rates over the Schedule of Rates based on which the

contract was awarded.

35.4 If the rates for additional, substituted or altered item of work cannot be determined either as at

35.1 or 35.2 or SCC-7.3 or 35.3 above, the Contractor shall be requested to submit his quotation for

the items supported by analysis of the rate or rates claimed, within 7 days.

35.5 If the Contractor's quotation is determined unreasonable, the Employer may order the Variation and

make a change to the Contract Price which shall be based on Employer’s own fore cast of the


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effects of the Variation on the Contractor's costs.

35.6 If the Employer decides that the urgency of varying the work would prevent a quotation being

given and considered without delaying the work, no quotation shall be given and the Variation shall

be treated as a Compensation Event.

35.7 Under no circumstances the Contractor shall suspend the work on the plea of non-settlement of

rates for items falling under this Clause.

36. Submission of bills for payment – DELETED

36.1 Running account bill will be submitted by the agency/firm/company with the detailed

measurements in soft and hard copy. The hard copy will be treated as measurement books or

other wise measurements shall be entered in the measurement books. Payment shall be

restricted to the value of work based on cumulative measurements without any reference to stage

as completed upto the claim date and rates quoted. Any variations in the drawing and items as per

the instructions of RITES Ltd. in writing will be dealt as per Conditions of Contract.

36.2 The Agency/Firm/Company shall, when required by the RITES Ltd. furnish promptly all relevant

documents; vouchers, returns etc so as to assist the Engineer in the preparation of certificates.

36.3 In special cases where the agency/firm/company makes a written request, the Engineer in Charge

may consider recommending to competent authority 75% of the RA Bill amount as Adhoc Advance

Payment pending Technical Check. If subsequent Technical Check shows grave irregularities in the

RA Bill, this facility of Adhoc Advance payment on RA Bills shall be withdrawn to the

agency/firm/company for that work.

36.4 The Employer shall check the Contractor's bill and determine the value of the work executed which

shall comprise of (i) value of the quantities of the items in the BOQ completed and (ii)valuation of

Variations and Compensation Events.

36.5 The Employer may exclude any item paid in a previous bill or reduce the proportion of any item

previously paid in the light of later information.

37. Payments – DELETED

37.1 Payments shall be adjusted for deductions for advance payments, other recoveries in terms of the

contract and taxes, at source, as applicable under the law. The Employer shall pay the Contractor

the within 60 days of submission of bill.

37.2 Items of the Works for which no rate or price has been entered in will not be paid for by the

Employer and shall be deemed covered by other rates and prices in the Contract.


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38. Compensation events

38.1 The following are Compensation events unless they are caused by the Contractor:

(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the

Contract Data.

(b) The Employer orders a delay or does not issue drawings, specifications or instructions required for

execution of works on time.

(c) The Employer instructs the Contractor to uncover or to carry out additional tests upon work which

is then found to have no Defects.

(d) The Employer gives an instruction for dealing with an unforeseen condition, caused by the

Employer, or additional work required for safety or other reasons.

(e) The effect on the Contractor of any of the Employer’s Risks.

(f) The Employer unreasonably delays issuing a Certificate of Completion.

(g) Other Compensation Events listed in the Contract Data or mentioned in the Contract.

38.2 If a Compensation Event would cause additional cost or would prevent the work being completed

before the Intended Completion Date, the Contract Price shall be increased and/or the Intended

Completion Date is extended. The Employer shall decide whether and by how much the Contract

Price shall be increased and whether and by how much the Intended Completion Date shall be

extended.

38.3 As soon as information demonstrating the effect of each Compensation event upon the

Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Employer

and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed

unreasonable, the Employer shall adjust the Contract Price based on Employer’s own forecast. The

Employer will assume that the Contractor will react competently and promptly to the event.

38.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are

adversely affected by the Contractor not having given early warning or not having cooperated with

the Employer.

39. Tax

39.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and other taxes

that the Contractor will have to pay for the performance of this Contract. The Employer will

perform such duties in regard to the deduction of such taxes at source as per applicable law.


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40. Price Adjustment - DELETED

40.1 Contract price shall be adjusted for increase or decrease in rates and prices of labour, materials,

fuels and lubricants in accordance with the following principles and procedures and as per

formulae given in the Contract Data. (Refer GOK Order No. FD 59 Pro. Cell 2004, Bangalore Dated

26th

November 2004).

(a) The price Adjustment shall apply for the work done from the date of commencement up to the

end of original period of completion or extensions granted by the Employer and shall not apply

to work carried out beyond the stipulated period of completion for reasons attributable to the

contractor;

(b) Price Adjustment shall be admissible from the date of opening of tenders (original or extended)

(c) The price adjustment shall be determined during each quarter from the formulae given in

Contract Data.

(d) Following expressions and meanings are assigned to the work done during the quarter:

R = Total value of work done during the quarter. It will exclude value for works executed under

variations for which price adjustment (if any) will be worked out separately based on the terms

mutually agreed.

40.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by

the provisions of this or other Clauses in the Contract, the unit rates included in the contract

shall be deemed to include amounts to cover the contingency of such other rise or fall in costs.

41. Liquidated damages

41.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the

Contract Data for each day that the Completion Date is later than the Intended Completion Date (for

the whole of the works or the milestone as stated in the Contract Data). The total amount of

liquidated damages shall not exceed the amount defined in the Contract Data. The Employer may

deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages

does not affect the Contractor's liabilities.

41.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Employer

shall correct any overpayment of liquidated damages by the Contractor by adjusting the next

payment of bill.

42. Advance Payments - DELETED 42.1 The Employer shall make payment to the Contractor of the amounts stated in the Contract Data by

the date stated in the Contract Data, against provision by the Contractor of an unconditional bank

guarantee in a form acceptable i.e as per Annexure – --, to the Employer issued by a

Nationalized/Scheduled Bank in amounts equal to the advance payment. The guarantee shall remain

effective until the advance payment has been repaid, but the amount of the guarantee shall be


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progressively reduced by the amounts repaid by the Contractor. Interest will not be charged on the

advance payment.

42.2 The Contractor is to use the advance payment only to pay for Mobilization expenses required

specifically for execution of the Works. The Contractor shall demonstrate that advance payment has

been used in this way by supplying copies of invoices or other documents to the Employer.

42.3 The advance payment shall be repaid by deducting proportionate amounts from payments

otherwise due to the Contractor, following the schedule of completed percentages of the Works on

a payment basis. No account shall be taken of the advance payment or its repayment in assessing

valuation of the work done, variations, price adjustments, compensation events or liquidated

damages.

43. Performance Guarantee

i) The Contractor shall submit an irrevocable PERFORMANCE GUARANTEE of 5% (Five Per cent) of

the tendered amount in addition to other deposits mentioned elsewhere in the Contract for his

proper performance of the contract agreement, (not withstanding and/ or without prejudice to

any other provisions in the contract) within 7 days of issue of letter of intent. This period can be

further extended by the Engineer-in-Charge upto a maximum period of 7 days on written request

of the contractor stating the reason for delays in procuring the Bank Guarantee, to the satisfaction

of the Engineer-in-charge. This guarantee shall be in the form of fixed deposit receipts or

Guarantee Bonds of any Scheduled Bank in accordance with the form given at Annexure - A.

However, performance Guarantee from Bank of India is not acceptable. In case a fixed deposit

receipt of any Bank is furnished by the contractor to the Employer as part of the performance

guarantee and the Bank is unable to make payment against the said fixed deposit receipt, the loss

caused thereby shall fall on the contractor and the contractor shall forthwith on demand furnish

additional security to the Employer to make good the deficit.

ii) The Performance Guarantee shall be initially valid upto the stipulated date of completion plus 60

days beyond that. In case the time for completion of work gets enlarged, the contractor shall get

the validity of Performance Guarantee extended to cover such enlarged time for completion of

work. After recording of the completion certificate for the work by the competent authority, the

performance guarantee shall be returned to the contractor, without any interest.

iii) The Engineer-in-charge shall not make a claim under the performance guarantee except for

amounts to which the Employer is entitled under the contract (notwithstanding and/ or without

prejudice to any other provisions in the contract agreement) in the event of :

a) Failure by the contractor to extend the validity of the Performance Guarantee as described

herein above, in which event the Engineer-in-charge may claim the full amount of the

Performance guarantee.


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b) Failure by the contractor to pay the Employer any amount due, either as agreed by the

Contractor or determined under any of the Clauses/ Conditions of the agreement, within 30 days

of the service of notice to this effect by Engineer-in-charge.

iv) In the event of the contract being determined or rescinded under provisions of any of the clause/

condition of the agreement, the performance guarantee shall stand forfeited in full and shall be

absolutely at the disposal of the Employer.

44. Cost of Repairs

44.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date

and the end of the Defects Correction periods shall be remedied by the Contractor at the

Contractor's cost if the loss or damage arises from the Contractor's acts or omissions.

E. Finishing the Contract

45. Completion

45.1 The Contractor shall request the Employer to issue a Certificate of Completion of the Works and

the Employer will do so upon deciding that the Work is completed.

46. Taking over

46.1 The Employer shall take over the Site and the Works within seven days of issuing a certificate

of Completion.

47. Final account

47.1 The Contractor shall supply to the Employer a detailed account of the total amount that the

Contractor considers payable under the Contract before the end of the Defects Liability Period. The

Employer shall issue a Defect Liability Certificate and certify any final payment that is due to the

Contractor within 90 days of receiving the Contractor's account if it is correct and complete. If it is

not, the Employer shall issue within 90 days a schedule that states the scope of the corrections or

additions that are necessary. If the Final Account is still unsatisfactory after it has been resubmitted,

the Employer shall decide on the amount payable to the Contractor and make payment within 60

days of receiving the Contractor’s revised account.

48. As built drawings and /or Operating and Maintenance Manuals

48.1 If “as built” (Completion drawings) Drawings and/or operating and maintenance manuals are

required, the Contractor shall supply them by the dates stated in the Contract Data.

48.2 If the Contractor does not supply the Drawings by the dates stated in the Contract Data, or they do

not receive the Employer’s approval, the Employer shall withhold the amount stated in the Contract

Data from payments due to the Contractor.

49. Termination

49.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental

breach of the Contract.


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49.2 Fundamental breaches of Contract include, but shall not be limited to the following:

(a) the Contractor stops work for 7 days when no stoppage of work is shown on the current

Program and the stoppage has not been authorized by the Employer;

(b) The Contractor becomes bankrupt or goes into liquidation other than for a reconstruction or

amalgamation;

(c) the Employer 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 Employer;

(d) the Contractor does not maintain a security which is required;

(e) the Contractor has delayed the completion of works by the number of days for which the

maximum amount of liquidated damages can be paid as defined in the Contract data; and

(f) if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent

practices in competing for or in the executing the Contract.

For the purpose of this paragraph : “corrupt practice” means the offering, giving, receiving or

soliciting of any thing 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 Borrower,

and includes collusive practice among Tenderers (prior to or after Tender submission) designed to

establish Tender prices at artificial non-competitive levels and to deprive the Borrower of the

benefits of free and open competition.”

49.3 When either party to the Contract gives notice of a breach of contract to the Employer for a cause

other than those listed under Sub Clause 49.2 above, the Employer shall decide whether the breach

is fundamental or not.

49.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.

49.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and

secure and leave the Site as soon as reasonably possible.

50. Payment upon Termination

50.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the

Employer shall prepare bill for the value of the work done less advance payments received upto the

date of the bill, 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


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payable to the Employer.

50.2 If the Contract is terminated at the Employer's convenience or because of a fundamental breach of

Contract by the Employer, the Employer shall prepare bill for the value of the work done, 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 and make payment

accordingly.

51. Property

51.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the

property of the Employer, if the Contract is terminated because of a Contractor’s default.

52. Release from performance

52.1 If the Contract is frustrated by any event entirely outside the control of either the Employer or the

Contractor the Employer 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 work carried out after wards to which

commitment was made.

53. Recovery of Security Deposit

The person/ persons whose tender(s) may be accepted (hereinafter called the contractor) shall

permit the Employer at the time of making any payment to him for work done under the contract

to deduct a sum at the rate of 5% of the gross amount of each running bill till the sum along with

the sum already deposited as earnest money will amount to Security Deposit of 5% of the

tendered value of the work. Such deductions will be made and held by the Employer way of

Security Deposit unless he/ they has/ have deposited the amount of Security at the rate

mentioned above in cash or fixed deposit receipts. In case a fixed deposit receipt of any Bank is

furnished by the contractor to the Employer as part of the security deposit and the Bank is unable

to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the

contractor and the contractor shall forthwith on demand furnish additional security to the

Employer to make good the deficit.

All compensations or the other sums of money payable by the contractor under the terms of this

contract may be deducted from, or paid by the sale of a sufficient part of his security deposit or

from the interest arising there from, or from any sums which may be due to or may become due

to the contractor by the Employer on any account whatsoever and in the event of his Security

Deposit being reduced by reason of any such deductions or sale as aforesaid, the contractor shall

within 10 days make good in cash or fixed deposit receipt tendered by the State Bank of India or

by Scheduled banks endorsed in favour of the Engineer-in-Charge, any sum or sums which may

have been deducted from, or raised by sale of his security deposit or any part thereof. The security


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deposit shall be collected from the running bills of the contractor at the rates mentioned above

and the Earnest Money if deposited in cash at the time of tenders will be treated a part of the

Security Deposit.

On completion of the whole work, the Security Deposit as deducted above may be released

against bank guarantee issued by a scheduled bank.

54. Contractor Liable for Damages, defects during maintenance period and Refund of Security

Deposit

If the contractor or his working people or servants shall break, deface, injure or destroy any part of

worksite in which they may be working, or any building, road, road kerb, fence, enclosure, water

pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated

ground contiguous to the premises on which the work or any part is being executed, or if any

damage shall happen to the work while in progress, from any cause whatever or if any defect,

shrinkage or other faults appear in the work within six months after a certificate final or otherwise

of its completion shall have been given by the Engineer-in-Charge as aforesaid arising out of defect

or improper materials or workmanship, the contractor shall upon receipt of a notice in writing on

that behalf make the same good at his own expense or in default the Engineer-in-Charge shall

cause the same to be made good by other workmen and deduct the expense from any sums that

may be due or at any time thereafter may become due to the contractor, or from his security

deposit or the proceeds of sale thereof of a sufficient portion thereof. The security deposit of the

contractor shall not be refunded before the expiry of twelve months (six months in case of work

costing Rs. Ten Lakhs and below except road work) after the issue of the certificate final or

otherwise, of completion of work. Provided that in the case of road work if in the opinion of the

Engineer-in-Charge, half of the security deposit is sufficient to meet all liabilities of the Contractor

under this contract, half of the Security Deposit will be refundable after six months and the

remaining half after twelve months of the issue of the said certificate of completion.

The Contract shall not be considered as completed until a Maintenance Certificate shall have been

signed by the Engineer-in-charge and delivered to the Employer stating that the works have been

completed and maintained to his satisfaction. The Maintenance Certificate shall be given by the

Engineer-in-charge within fifteen days after the expiry of the Period of Maintenance as stipulated

above or as soon thereafter as any works ordered during such period, shall have been completed

to the satisfaction of the Engineer-in-charge and full effect shall be given to this clause,

notwithstanding any previous entry on the works or taking the possession, working or using

thereof or any part thereof by the Employer.


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SPECIAL CONDITIONS OF CONTRACT

1. Labour

The Contractor shall, unless otherwise provided in the Contract, make his own arrangements 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 Employer, deliver to the Employer a return in detail, in such

form and at such intervals as the Employer may prescribe, showing the staff and the numbers of the

several classes of labour from time to time employed by the Contractor on the Site and such other

information as the Employer may require.

2. Compliance with labour regulations

During continuance of the contract, the Contractor and his sub contractors shall abide at all times 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. 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 provisions

stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any on the

part of the Contractor, Employer shall have the right to deduct any money due to the Contractor

including his amount of security deposit. The Employer 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. A copy of the Format for Indemnity Bond is at Annexure - ‘B’.

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.

3. Protection of Environment

The contractor shall take all reasonable steps to protect the environment on 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 bye-laws of

the State or Central Government, or local authorities and any other law, bye-law, regulations that

may be passed or notification that may be issued in this respect in future by the State or Central

Government or the local authority.


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4. Technical Specification

4.1 The Contractor shall follow the KPWD/CPWD Specifications during the execution of the work.

4.2 A list of approved make of Civil and Electrical items for use in the tendered works are enclosed as

Annexure ‘C’. Contractors are advised to note the same.

4.3 Approvals / Completion Certificate

It will be the responsibility of the Contractor to get the works approved and obtain completions, if

necessary, stage completions and occupancy fitness certificates from RITES or his representative as

necessary for sound /fitness of utilities/road/medians/shoulder or similar surface/utility. NOC if

required from Local Municipal / Govt. Authorities or other local civic authorities of respective

region at his cost. Rates quote shall cover all expenses to be borne for obtaining above approvals /

certificates. However, any statutory fees to be paid on account of above shall be borne by

Contractor.

The date of virtual approvals/completion shall be only after the excavated surface is restored to at

least the original condition complete as certified by the RITES Engineer. Neither RITES nor his

representative Consultant will be responsible for obtaining any approval from the aforesaid

authorities whatsoever. Contractor will be solely responsible for obtaining stage wise approvals,

final approval required in overall completion of the project so as to enable the client / owner to

take over possession of the premises.

4.4 Where no specific reference has been made to any Standard Specifications in any of the items

under this Section, the following shall be the order of precedence:

(i) Building works : KPWD Specifications

CPWD Specifications

IS Specifications

(ii) Road works : KPWD Specifications

MORTH Specifications

IS Specifications

(iii) Electrical works : KPWD Specifications

IS Specifications

British Standards / American Standards

(iv) Miscellaneous works : not covered under Item (i) to (iv) above IS Specifications


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5. Settlement of Disputes & Arbitration

Except where otherwise provided in the Contract all questions and disputes relating to the meaning

of the specifications, design, drawings and instructions herein before mentioned and as to the

quality of workmanship or materials used on the work or as to any other question, claim, right,

matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings,

specifications, estimates, instructions, orders or these conditions or otherwise concerning the

works or the execution or failure to execute the same whether arising during the progress of the

work or after the cancellation, termination, completion or abandonment thereof shall be dealt with

as mentioned hereinafter.

5.1 If the Contractor considers any work demanded of him to be outside the requirements of the

Contract, or disputes any drawings, record or decision given in writing by the Engineer on any

matter in connection with or arising out of the Contract or carrying out of the work, to be

unacceptable, he shall promptly within 15 days request the Appellate Authority in writing for

written instruction or decision. Thereupon, the Appellate Authority shall give his written

instructions or decision within a period of one month from the receipt of the Contractor’s letter.

If the Appellate Authority fails to give his instructions or decision in writing within the aforesaid

period or if the Contractor is dissatisfied with the instructions or decision of the Appellate

Authority, the Contractor may, within 15 days of the receipt of the Appellate Authority decision,

appeal to the Appointing Authority who shall afford an opportunity to the Contractor to be heard,

if the latter so desires, and to offer evidence in support of his appeal. The Appellate Authority shall

give his decision within 30 days of receipt of Contractor’s appeal. If the Contractor is dissatisfied

with this decision, the Contractor shall within a period of 30 days from receipt of the decision, give

notice to the Appointing Authority i. e. for appointment of arbitrator failing which the said decision

shall be final binding and conclusive and not referable to adjudication by the arbitrator.

5.2 Except where the decision has become final, binding and conclusive in terms of Sub Para (1) above,

disputes or difference shall be referred for adjudication through arbitration by a sole arbitrator

appointed by the Appointing Authority. The selection of Arbitrator by the Appointing Authority will

be governed by the fact whether the dispute is (i) between two Public Sector Enterprises or (ii)

between a Public Sector Enterprise and a Government Department or (iii) Otherwise.

In case the disputes does not fall under item (i) or (ii) of this Para the Appointing Authority, shall

appoint the sole Arbitrator. Within 30 days of receipt of notice from the Contractor to refer the

dispute for Arbitration, the Appointing Authority shall send to the Contractor a list of three serving

officers of RITES of appropriate status depending on the total value of claim, who have not been

connected with the work under the Contract. The Contractor shall, within 15days of receipt of this

list select and communicate to the Appointing Authority, the name of one officer from the list

whop shall then be appointed as the Sole Arbitrator. If the Contractor fails to communicate his


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selection of name within the stipulated period, the Appointing Authority shall without delay, select

one officer from the list and appoint him as the Sole Arbitrator.

5.3 In case the dispute falls under item (i) or (ii) of Para (5.2) above, the Appointing Authority shall

refer the dispute for Arbitration by one of the Arbitrators in the Department of Public Enterprises

to be nominated by the Secretary to the Govt. of India in charge of the Department of Public

Enterprises. The Arbitration & Conciliation Act 1996, shall not be applicable to the Arbitration in

such a case. The Award of the Arbitrator shall be binding upon the parties to the dispute, provided

however that any party aggrieved by such award may make a further reference for setting aside or

revision of the Award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice,

Govt. of India. Upon such reference, the dispute shall be decided by the Law Secretary or the

Special Secretary/Additional Secretary when so authorized by the Law Secretary, whose decision

shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost

of Arbitration as intimated by the Arbitrator. The Arbitrator shall make a speaking Award and the

Award may be published on plain paper. In the event of the Sole Arbitrator dying, neglecting or

refusing to act or being unable to act for any reason, it shall be lawful for the Secretary to Govt. of

India in charge of the Department of Public Enterprises to nominate another person in place of the

outgoing Arbitrator to act as Sole Arbitrator. The new Arbitrator as appointed shall as far as

practicable to proceed from the stage where it was left by the outgoing Arbitrator.

It is a term of this Contract that the party invoking arbitration shall give a list of disputes with

amount claimed in respect of each such dispute along with the notice for appointment of arbitrator

and giving reference to the rejection by the Appellate Authority of the appeal in the form at

Annexure ‘D’. It is a term of this Contract that “Excepted matters” or matters where the decision of

the Engineer-in-Charge or any higher authority has been stipulated as “Final and Binding” in various

Clauses of Contract, stand specifically excluded from the purview of Arbitration Clause.

It is also a term of this Contract that no person other than a person appointed by such Appointing

Authority as aforesaid should act as arbitrator and if for any reason that is not possible, the matter

shall not be referred to arbitration at all.

It is also a term of this Contract that if the Contractor does not make any demand for appointment

of arbitrator in respect of any claims in writing as aforesaid within 120 days of receiving the

intimation from the Engineer-in-Charge that the final bill is ready for payment, the claim of the

Contractor shall be deemed to have been waived and absolutely barred and the Employer shall be

discharged and released of all liabilities under the Contract in respect of these claims.

5.4 Obligation during pendency of arbitration

Work under the Contract shall unless otherwise directed by the Engineer-in-Charge continue during

the Arbitrator proceeding and no payment due or payable by the Employer shall be withheld on


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account of such proceedings, provided however, it shall be open for the Arbitrator to consider and

decide whether or not such work should continue during arbitration proceedings.

5.5 Signing of “No Claim” certificate

The Contractor shall not be entitled to make any claim whatsoever against the Employer under or

by virtue of or arising out of the Contract, nor shall the Employer entertain or consider any such

claim if made by the Contractor after he shall have signed a “No Claim Certificate” in favour of the

Employer in such form as stipulated by the Employer, after the works are finally measured up. The

Contractor shall be debarred from disputing the correctness of any item covered by the “No Claim

Certificate” or demanding a reference to arbitration in respect thereof.

5.6 Parties to be impleaded in the arbitration proceedings

In case of any claims by the Contractor, the Employer as well as RITES Ltd acting as Agent to the

Employer will implead themselves as parties to the Arbitration Proceedings.

5.7 The arbitration shall be conducted in accordance with the provisions of the Arbitration and

Conciliation Act, 1996 (26 of 1996) or any statutory modifications or reenactment thereof and the

rules made there under and for the time being in force shall apply to the arbitration proceeding

under this clause, except for cases falling under para 5.2 (i) or (ii).

5.8 It is also a term of this Contract that the arbitrator shall adjudicate on only such disputes as are

referred to him by the appointing authority and give separate award against each dispute and claim

referred to him and in all cases where the total amount of the claims by any party exceeds Rs.

1,00,000/- the arbitrator shall give reasons for the award.

5.9 It is also a term of the Contract that the arbitral award is for the payment of money, no interest

shall be payable on whole or any part of the money for any period till the date on which the award

is made.

5.10 It is also a term of this Contract that the arbitrator shall indicate

i) the Award amount payable on the date of award

ii) the period within which it is to be paid and

iii) Simple rate of interest applicable beyond the stipulated free period for making payment of

Award amount.

5.11 It is also a term of the Contract that if any fees are payable to the arbitrator these shall be paid

equally by both the parties.

5.12 It is also a term of the Contract that the arbitrator shall be deemed to have entered on the

reference on the date he issues notice to both the parties calling them to submit their statement

of claims. The venue of the arbitration shall be such place as may be fixed by the arbitrator in his

sole discretion. The fees, if any, of the arbitrator shall, if required to be paid before the award is


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made and published, be paid half and half by each of the parties. The cost of the reference and of

the award (including the fees, if any, of the arbitrator) shall be in the discretion of the arbitrator

who may direct to any by whom and in what manner, such costs or any part thereof shall be paid

and fix or settle the amount of costs to be paid so.

6.0 Order of Preference in Interpretation of documents

6.1 Reference to the Engineer

6.1.1 The several Documents forming the Contract are to be taken as mutually explanatory of

one another. In cases of ambiguities or discrepancies the same shall be brought to the attention

of the Engineer who shall thereupon issue instructions to the Contractor.

6.2 Order of Precedence

6.2.1 The several Documents forming the Contract are to be taken as mutually explanatory of one

another. In cases of ambiguities or discrepancies the same shall be brought to the attention of the

Engineer who shall thereupon issue instructions to the Contractor.

6.2.2 In case of conflict in interpretation of Contract Documents, the following order of precedence shall

prevail

i) On Contract Conditions, Special Conditions of Contract and Additional Special Conditions of Contract

shall prevail over General Conditions of Contract including Conditions of Contract and Clauses of

Contract.

ii) With regard to overall scope of work, the Documents listed below shall be interpreted in the order of

priority indicated starting with the first

- Agreement

- Letter of Acceptance

- Tenderer’s Offer

- Tender Documents

iii) With regard to description of work to be carried out, the following will be the order of priority starting

with the first

- Schedule of Quantities (Bill of Quantities)

- Drawings

- Specifications (KPWD)

- Specifications (BIS)

iv) In the case of Drawings, written dimensions shall prevail over scaled dimensions. Enlarged details and

Detailed Drawings, shall prevail over General Plan, Section, Elevation etc.

7.0 RUNNING ACCOUNT BILLS

7.1 Running Account Bill (RA Bill) Submission

a) The Contractor shall submit to the Engineer on 5th

or any other fixed date of every month or as

per RITES Engineer or his representative,

b) If any rates or prices in the said Contract are, in the opinion of the Engineer not applicable to

some or any part of the work executed and the Appointing Authority has not fixed a rate or


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price at the time when the monthly statement is prepared, then temporary / provisional rates

or prices shall be assigned by the Engineer.

c) The Contractor shall, when required by the Engineer furnish promptly all relevant documents;

vouchers, returns etc so as to assist the Engineer in the preparation of certificates.

d) In special cases where the Contractor makes a written request, the Engineer in Charge may

consider releasing 50 to 75% of the RA Bill amount (When excavation is completed, utility

identified, measurements taken etc etc filling started but surface not completely restored to its

original position) as Adhoc Advance Payment pending Technical Check / completion of work. If

subsequent Technical Check shows grave irregularities in the work executed at site, this facility

of Adhoc Advance payment on RA Bills shall be withdrawn and no further recommendations for

Adhoc Advance Payment shall be entertained.

e) Payments - Payments shall be adjusted for deductions for advance payments, other recoveries in

terms of the contract and taxes, at source, as applicable under the law. The Employer shall pay

the Contractor the within 30 days of submission of bill.

f) Since the Contract is being entered into with the Contractor by RITES acting for and on behalf of

the BMRCL as Agent, no RA Bill will be certified by the Engineer unless sufficient funds have been

made available by BMRCL.

7.2 RA Bill – Certification

7.2.1 The Engineer shall verify the Bills and certify payments after taking into account.

The quantum of work executed at site:

i) Payment (upto date and upto previous Bill) towards

a) Items of work executed and covered by detailed measurements in the Measurement

Books/hard copy.

b) Item of Works based on approximate quantities including Negative quantities of items for

which measurements recorded.

c) Secured Advance on Contractors Materials in terms of provisions of contract

d) Mobilisation Advance

e) Plant, Machinery & Shuttering Material Advance.

ii) Deduction or recovery (upto date and upto previous bill) towards:

a) Cost of Contractors materials used in the works for which Secured Advance had been paid,

at rates mentioned in the Contract.

b) Mobilisation Advance with interest

c) Plant, Machinery & Shuttering Materials advance with interest

d) Cost of Materials supplied by the Employer at the rates mentioned in the Contract.

e) Security Deposit

f) Income Tax and Sales Tax on Works (if applicable)

g) Compensation dues recoverable from the Contractor


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In all cases the net amount payable through a RA Bill will be determined based on Net amount

due upto date and Net amount paid upto the previous RA Bill.

7.2.2 Unless the formal Contract Agreement has been executed between RITES and the Contractor, no

RA Bill will be certified by the Engineer for payment.

7.2.3 Since the Contract is being entered into with the Contractor by RITES acting for and on behalf of

the Employer as Agent and Power of Attorney Holder, no RA Bill will be certified by the Engineer

unless sufficient funds have been made available by the Employer.

7.2.4 In modification to Clause No.7 of Special Conditions of Contract, no Running Account Payment

will be made for works estimated to cost Rs. 1 lakh or less.

7.2.5 Where facility exists for payment through ECS, payment towards R.A. Bills will be made only

through ECS to the Bank account nominated by the contractor for this purpose.

7.2.6 Part payment shall be released for finishing items and Anti termite treatment as per the decision

of the site in-charge.

7.3 For quantities in excess of 150% of the tendered quantity of an item as given in the BOQ, the

Contractor shall be paid comparing schedule of rates entered in the BOQ (for that particular area)

at the time of award of work & the schedule of rate prevailing at the time of execution (for that

particular area). The lowest of rate among the two schedule plus or minus the over all percentage

of the original tender rates will be paid.

7.4 Payment of Final Bill

The final bill shall be submitted by the contractor in the same manner as specified in interim bills

within three months of physical completion of work or within one month of the date of the final

certificate of completion furnished by the Engineer-in-Charge whichever is earlier. No further

claims shall be made by the contractor after submission of the final bill and these shall be

deemed to have been waived and extinguished. Payments of those items of the bill in respect of

which there is no dispute and of items in dispute, for quantities and rates as approved by

Engineer-in-Charge, will, as far as possible be made within the period specified herein under, the

period being reckoned from the date of receipt of the bill by the Engineer-in-Charge or his

authorized Engineer, complete with account of materials issued by the Employer and dismantled

materials.

i) If the Tendered value of work is upto Rs. 100 lakhs : 3 months

ii) If the Tendered value of work exceeds Rs. 100 lakhs : 6 months

The contractor will not however be entitled to any compensation or claims or damages by way of

interest etc. in case of delay in payment.


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8.0 Completion Drawings

The Contractor shall during the course of execution, prepare and keep updated a complete set

of ‘record’ drawings recording all works on the tracings or of re-producible, which shall be

periodically corrected to show each and every change from the working drawings and showing

the exact location, size and kinds of work etc. This set of drawings shall be kept on the site and

shall be used for record purpose. Changes recorded shall be countersigned by the Engineer and

the Contractor. Copies of ‘record’ drawings shall be supplied by the Contractor to the Engineer

on request. The Contractor shall submit complete “record” drawings on tracing/ re-producible/

CDs as directed by the Engineer-in-Charge within 30 days of the completion of that portion of the

work to which the Drawing pertains.

9.0 Drawings and Specifications

9.1 Issue and custody

9.1.1 The Contractor shall receive from the Engineer-in-charge through the Engineer two sets of

drawings approved for construction. These drawings will be generally same as issued at tender

stage. However these drawings may have additional details from construction / working/

execution point of view and to facilitate ease of installation, erection or construction. Additional

detailing shall not in anyway vitiate the Contract nor allow the Contractor to claim extra

compensation. Deviation or alteration to basic drawings only shall be treated as variation. Any

additional copies of Drawings if requested by the Contractor shall be provided on making

separate payment to the Engineer-in-charge.

9.2 Errors and Omissions in Drawings or Specifications

Any apparent errors or omissions in drawings or specifications or instructions issued by the

Engineer in-charge or the Engineer shall be brought to the notice of the Engineer by the

Contractor as soon as the documents have been made available to him. The Engineer shall

correct such errors or omissions with the approval of the Engineer in-charge. The Contractor

shall neither be eligible for any additional cost, time etc. on this account nor shall he be

permitted to take any advantage thereof.

9.3 Standards to be followed – Materials and workmanship

At various places throughout the specifications and the Bills of quantities, reference is made to

the standards, specifications and bye-laws issued by the Indian Standards Institution and other

similar organizations. These references shall in every case be deemed to include the latest

edition of issue of such standards, specifications and bye-laws including all revisions,

amendments and addenda subsequently issued. Where ISI Standards exist in respect of

materials, then the materials shall in all respects comply with the relevant and current ISI. In such

cases where ISI Specifications do not exist nearest equivalent International Standards/

Specifications will be followed. In absence of either the specified manufacturers’ specifications

shall be followed. In absence of all these, the Engineer’s instructions shall be followed.


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9.4 Site Office for the Bidder/Site Engineer/Supervisor/support staff

A Civil Engineering Graduate/Diploma with minimum of 5 years of experience in ‘Similar works’

have to be deployed at site. He should be well versed with Local language/conditions (site

supervisor/supporting staff posted at each site of trenching, coordinating with various agencies

should as far as possible be local/well versed with local language/conditions) & able to co-

ordinate with various civic agencies/ Police/local agencies for effective, safe & proper execution

of work. He should have executed a project of similar magnitude and nature. He shall have

computer proficiency. He should be able to coordinate between RITES Ltd. and their site office.

9.5 Royalty payable on minor minerals – Employer to be indemnified

9.5.1 Where the State Government has enacted any legislation to the effect that the user of minor

minerals such as red bajri, stone, kankar etc., will be responsible to ensure that for the minerals

used in the work, the quarry operator extracting the minerals has paid royalty as due to the State

Government, before Final Bill is paid to the Contractor, the Contractor should furnish a

declaration to the Employer confirming that royalty as due has been paid to the State

Government for the minerals used in the works. The Contractor should also indemnify the

Employer against any legal action that may be instituted against the Employer by the State

Government consequent on violation of the provisions in the relevant Act by the Contractor. A

copy of the format for the Indemnity Bond is at Annexure ‘E’.

9.5.2 Security Deposit of the work shall not be refunded till the Contractor produces a Royalty

Clearance Certificate from the State Government Department responsible for collection of royalty

on extraction of minor minerals like red bajri, stone, kankar etc., in confirmation that royalty as

due has been paid for the minor minerals used in the works. The security deposit may be

refunded if the above is adhered to.

9.6 Change of Locations

Normally this work ‘Cross and Single Line Trenching Work for Under Ground Utility Identification

for Bangalore Metro Rail Project – Phase-2 will be executed in Corridor R-1 Ext: Baiyyappanahalli

Station to White Field via K R Puram and ITPL. But in extreme circumstances, with the approval of

Engineer-in- charge, some additional or part of this work can be got done at 2 other corridors of

Metro Ph II (RV Rd to Bommasandra & Mysore Road to Kengeri). The Contractor has to execute

the work at same rates & with same terms & conditions. Nothing extra will be paid for this.


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ANNEXURE - A

Form of Performance Security Bank Guarantee Bond

In consideration of the Employer having agreed under the terms and conditions of agreement

No…………………………………… dated ………………. made between ………………………….( the employer )

represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney Holder

and ……………………………… (hereinafter called “the said contractor(s)”) ………. for the work

……………………………(herein after called the said agreement”) the Contractor having agreed to production

of a irrevocable bank guarantee for ` …………………. (Rupees ……………………. Only) as a Security/

Guarantee for compliance of his obligations in accordance with the terms and conditions in the said

agreement,

We …..……………………………………………. (hereinafter referred to as “ the (indicate the Name of the Bank)

Bank”) hereby undertake to pay to the ………………………….( the employer) represented by RITES Ltd for

and on behalf of the employer as an agent and Power of Attorney Holder an amount not exceeding `

……………………………… (Rupees ………………………………………………only) on demand by the employer

represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney

Holder.

2. We …………………….………………………… do hereby undertake to pay the (indicate the Name of the

Bank) amounts due and payable under this guarantee without any demur, merely on a demand from

………………………….( the employer ) represented by RITES Ltd for and on behalf of the employer as an

agent and Power of Attorney Holder stating that the amount claimed is required to meet the recoveries

due or likely to be due from the said contractor(s). Any such demand made on the bank shall be

conclusive as regards the amount due and payable by the bank under this guarantee. However, our

liability under this guarantee shall be restricted to an amount not exceeding Rs………………………….

(Rupees ………………………………………….only).

3. We, the said Bank further under take to pay to the employer represented by RITES Ltd. for and on

behalf of the employer as an agent and Power of Attorney Holder any money so demanded not

withstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending

before any court or Tribunal relating there to our liabilities under this present being absolute and

unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for

payment thereunder and the Contractor(s) shall have no claim against us for making such payment.

4. We …………….……………………….. further agree that the guarantee herein (indicate the Name of

the Bank) contained shall remain in full force and effect during the period that would be taken for the

performance of the said agreement and that it shall continue to be enforceable till all dues of the

employer represented by RITES Ltd for and on behalf of the employer as an agent and Power of

Attorney Holder under or by virtue of the said agreement have been fully paid and its claims

satisfied or discharged or till Engineer-in-charge on behalf of the employer represented by RITES


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Ltd for and on behalf of the employer as an agent and Power of Attorney Holder certified that the

terms and conditions of the said agreement have been fully and properly carried out by the said

contractor (s) accordingly discharges this guarantee.

5 We …………………..…………………….. further agree with the employer (indicate the Name of the

Bank) represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney

Holder that the employer shall have the fullest liberty without our consent and without affecting in

any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or

to extend time of performance by the said contractor (s) from time to time or to postpone for any time

or from time to time any of the powers exercisable by the Employer against the said contractor (s) and

to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not

be relieved from our liability by reason of any such variation, or extension being granted to the said

contractor (s) or for any forbearance, act of omission on the part of the Employer or any indulgence by

the Employer to the said contractor (s) or by any such matter or thing whatsoever which under the law

relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the

contractor (s).

7. We …………………………………(indicate the name of the Bank) lastly undertake not to revoke this

guarantee except with the previous consent of the employer represented by RITES Ltd for and on

behalf of the employer as an agent and Power of Attorney Holder in writing.

8. This guarantee shall be valid upto ………………………… unless extended on demand by the employer

represented by RITES Ltd for and on behalf of the employer as an agent and Power of Attorney

Holder. Not withstanding anything mentioned above, our liability against this guarantee is restricted to

Rs……………………. (Rupees ……………………………………. Only) and unless a claim in writing is lodged with us

within six months of the date of expiry or the extended date of expiry of this guarantee, all our liabilities

under this guarantee shall stand discharged.

Dated the …………………….. day of ……………………….. for ……………………… (indicate the name of the Bank)”.


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ANNEXURE - B

INDEMNITY BOND

Name of the work (On Non-Judicial Stamp paper of appropriate value)

KNOW all men by these presents that I/We _________________ (Name of Contractor with address)

____________ do hereby execute Indemnity Bond in favour of RITES having their office at ______________

acting for and on behalf of ________ (the Employer) as Agent and Power of Attorney Holder.

On this ________ day of _______ 2012.

WHEREAS M/s RITES appointed as the Consultants for the Project Management for and on behalf of ___ (the

Employer) for the construction of ________ at ________ vide Tender No._________

THIS DEED WITNESSETH AS FOLLOWS:

I/We, _______________ (Name of Contractor)_____________ hereby do indemnify and save harmless RITES

having their office at ____________________ from

1. Any third party claims, civil or criminal complaints / liabilities site mishaps and other accidents or disputes

and / or damages occurring or arising out of any mishaps at the site due to faulty work, negligence, faulty

construction and / or for violating any law, rules and regulations in force, for the time being while executing /

executed civil works by me / us.

2. Any damages, loss or expenses due to or resulting from any negligence or breach of duty on the part of me /

us or any sub contractor/s if any, servants or agents.

3. Any claims by an employee of mine / ours or of sub-contractors if any, under the workman compensation act

and employers’ Liability act, 1939 or any other law rules and regulations in force for the time being and any acts

replacing and / or amending the same or any of the same as may be in force at the time and under any law in

respect of injuries to persons or property arising out of and in the course of execution of the contract work and /

or arising out of and in the course of employment of any workman / employee.

4. Any act or omission of mine / ours or sub-contractor/s if any, our / their servants or agent which may involve

any loss, damage, liability, civil or criminal action.

IN WITNESS WHEREOF THE ______________________________

HAS SET HIS / THEIR HANDS ON THIS DAY OF _______________ 2012.

SIGNED AND DELIVERED BY THE

AFORESAID

IN THE PRESENCE OF WITNESS:

1.______________

2.______________


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ANNEXURE C

LIST OF APPROVED MAKES FOR CIVIL WORKS

NOT APPLICABLE

SN Description Approved Makes

1 Sanitary ware (Vitreous China) Hindustan / Perryware / Neycer / CERA /

Jaguar

2 Seat Covers Commander, Parryware, Hindware

3 CP Fittings Gem / Parko / Jaquar / Kingstone

4 CP Brass Accessories Parko / Kingstone / Gem / Jaquar

5 Stainless Steel Sink Neelkanth / AMC / Jayna / Prince / Venus /

Racold

6 G I Pipes Tata / Jindal (Hissar) / RK or equivalent

7 G I Fittings UNIK / R Brands / KS / Zoloto-M / Sun

8 Ball valves Zoloto / AM / Leader

9 Butterfly Valves Audco / Intervalve / Keystone / Venus / KSB

10 Non return valves Gunmetal or

CI

Leader / Zoloto / Kirloskar / IVC

11 CI Pipes / Fittings & Manhole

covers

RIF / Neco / Bombay Iron Works

12 CI Pipes “Class - A” TISCO / Kesoram / Electro Steel

13 Stoneware Pipes / Traps Perfect / Burns / ISI Marked

14 UPVC pipes / fittings Supreme / Finolex / Polypack / Prince

15 Insulation UP Twiga / Lloyd’s India Ltd. or equivalent

16 SFRC Manhole Covers / Gratings KK Manholes / Moonlites / S K Precast /

Concrete / Pragati Concrete

17 RCC Pipes IHP/Akshay / ISI marked

18 Hand Drier KOPAL / Argah / U-Tech / AOS-Robo

19 Automatic Flushing Angash International / KOPAL / Waves

20 Geycer Venus / Recold

21 PVC Storage Tank Sintex / Uniplas or equivalent

22 Flush valves Gem / Jagaur / Orient

23 (i) Cement

(ii) White Cement

ACC / L & T / BIRLA / VIKRAM / J K /

Coramandel / Ultra Tech / Zuari / Pennah

JK / Birla

24 T M T Steel SAIL / TATA / RINL / TISCO or equivalent

25 Structural Steel SAIL / TATA / RINL / TISCO or equivalent

26 Flush Doors Duraboard / Kit Ply / Merino Ply ISI Marked

or equivalent

27 Vitrified Tiles Diamontile / Marbo Granite / Granite /

Naveen / Nitco / Kajaria

28 Stainless Steel Jindal / SAIL / Golden


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29 Aluminium Sections Hindalco / Jindal / Mahavir Indal or

equivalent

30 Glass (Toughened) Saint Gobain / Modi Float / Asahi Float or

equivalent

31 Polycarbonate Sheet Danpalon / Alcox / Polygal or equivalent

32 Interlocking Cement Concrete

Precast paver blocks

Hindustan Tiles / Nimco Prefab / K K

Manholes

33 HDPF Water Suply Pipes Duraline / Oriplast / Hallmark / Pioneer

34 Gunmetal gate valves, Non

return valves

Leader / Zoloto

35 Paint / Primer / Oil bound

distemper / Acrylic paint

1st

Quality paints of Asian / Berger / Nerolac

/ ICI / Acro paints or equivalent

36 Ceramic Tiles (For walls &

Floors)

Kajaria / Somany / Orient / Bell / Johnson /

Naveen

37 Precast mosaic & P C tiles NITCO / MODERN or equivalent

38 Anodised Aluminium fittings for

Doors / windows

Crown / ALANS / Classic / Bharat / Argent

39 Mild Steel Butt Hinges / Piano

Hinges

Jolly / Garg / AMIT /ASI / Supreme

40 Pre-laminated particle board –

exterior grade

Novopan / Merino / Anchorjam / Bhutan

Board or equivalent

41 Water proof Cement Paint Snowcem / Asian Paints / Berger or

equivalent

42 Ready Mix Concrete ACC / L & T / AHLCON / J K Cement / Unitech

/ Grasim / Birla / RMC / Ultratech

43 Black Board / Ply Phenol bonded boards of Merino / Duro /

Samrat / Kit Ply or equivalent

44 Fire cum smoke check doors Navair / adhunik

45 Nuts Bolts / Screws Kundan / Puja / Atul

46 Perquet Floor Nemo / Prima Pergo

47 Mineral Fiber Ceiling Lloyd / Nittobo / Armstrong

Note : Any other make can be also used only with prior written approval of Engineer-in-

charge.


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ANNEXURE D

CONTRACTOR’S NOTICE FOR APPOINTMENT OF ARBITRATOR To

The General Manager

RITES.

Dear Sir,

In terms of Clause 5 of Special Conditions of Contract of the agreement, particulars of which are given below, I /

We hereby give notice to you to appoint an arbitrator for settlement of disputes mentioned below:

1. Name of applicant

2. Whether applicant is Individual / Prop. Firm / Partnership Firm / Ltd. co.

3. Full address of the applicant

4. Name of the work and contract number in which arbitration sought

5. Name of the RITES Office which entered into contract

6. Contracted amount in the work

7. Date of contract

8. Date of start of work

9. Stipulated date of completion of work

10. Actual date of completion of work (if completed)

11. Total number of claims made

12. Total amount claimed

13. Date of intimation of final bill (if work is completed)

14. Date of payment of final bill (if work is completed)

15. Amount of final bill (if work is completed)

16. Date of request made to Engineer-in-charge for decision

17. Date of receipt of Engineer in charge decision

18. Date of appeal to you.

19. Date of receipt of your decision

Specimen signature of the applicant

(only the person / authority who

signed the contract should sign)

I/ We certify that the information given above is true to the best of my / our knowledge. I / We enclose

following documents.

1. Statement of claims with amount claimed against each claim.

2.

3.

4.

Yours faithfully,

(Signature)

Copy in duplicate to

1.----- Engineer in Charge, RITES


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Annexure - E

INDEMNITY BOND

(ON NON – JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

NAME OF THE WORK: _____________________

Know all men by these presents that I/We ___________ (Name of the Contractor with address) do

hereby execute Indemnity Bond in favour of RITES having their office at __________________

acting for and on behalf of __________________(Employer) as Agent/Power of Attorney Holder.

On this ____________ day of _________________

Whereas M/s. RITES have been appointed as the Consultant for the Project Management for and

on behalf of ________________________ (the Employer) for the work of ___________________

under Contract No. _____________________ dated __________.

This Deed witnesseth as follows

I/We _________________ (Name of the Contractor) hereby do indemnity and save harmless RITES

having its office at _________________ from any claims by the State Government Department

responsible for collection of royalty for minor minerals like red bajri, stone, kankar etc., on non-

payment of royalty as due for the minor minerals used in the execution of the contract, in terms of

provisions of the relevant State Act and Rules made thereon.

IN WITNESS WHEREOF THE __________________

HAS SET HIS/HER HANDS ON THIS DAY OF ________________

SIGNED AND DELIVERED BY THE AFORESAID

IN THE PRESENCE OF WITNESSES

1) _______________________

2)_______________________


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CONTRACT DATA

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

The following documents are also part of the Contract: Clause Reference

� The Schedule of Operating and Maintenance Manuals [48]

� The Methodology and Program of Construction [25]

� Site Investigation Reports [14]

� The Schedule of Key and Critical Equipment to

be deployed on the work as per agreed program

of construction. [25]

The Employer is: RITES Ltd. [1.1]

Address:

Site Office

Urban Transport Division, 6C, Bharat Apartments,

44/1, Fairfield Layout, Race Course Road, Bangalore – 560 001

Phone: 22352165, 22355160 Fax: 22352165

E-mail – [email protected]

Name of authorized Representative: General Manager (UT)

The name and identification number of the Contract is “Cross and Single Line Trenching Work for

Under Ground Utility Identification for Bangalore Metro Rail Project – Phase-2”

CORRIDOR – R-1 Ext – BAIYYAPPANAHALLI STATION TO WHITE FIELD VIA K.R. PURAM AND ITPL – 16.00 Km

OPEN TENDER NOTICE NO. RITES/UT/BLR/METRO PH-2/TRENCHING/OT/001/2011-12 DATED

29.02.2012 [1.1]

The Works consist Cross and Single Line Trenching Work for Under Ground Utility Identification for

Bangalore Metro Rail Project – Phase-2

The start date shall be the date of issue of notice to proceed with the work

Or handing over of site whichever is later. [1.1]

The Intended Completion Date for the whole

of the Works is 75 days [17, 26]

The Site position date is the date of handing over of site completely in all respects by the Engineer

[21]

The Site is located at: Corridor R-1 Ext: Baiyyappanahalli to White field [1.1]


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Site office for bidder/site engineer/supervisor/support staff [9.4]

The Defects Liability Period is 180 days from the date of handing over of the site to the RITES/ client

[31]

Insurance requirements are as under: [13]

SN Type of Cover Minimum cover for insurance (Employer to specify as per requirement. Exclusions if any should also be specified.)

(i) Works and of plant and materials The sum stated in the agreement

(ii) Loss or damage to equipment Full replacement cost

(iii) Loss or damage to property of third party Full replacement cost

(iv) Personal injury or death (a) Third part (Specify an appropriate figure. For normal works it could be Rs. 20 Lakhs to cover 4 persons @ Rs. 5 Lakhs each.)

Rs. 5,000/- per occurrence with the number of occurrence limited to four and current at all times.

b) For Contractor’s employees or labour In accordance with statutory requirements applicable to Karnataka

Compensation for delay of work @1.50% per month on the tendered value,

delay to be computed on per Day basis

subject to a maximum of 5% or such amount as may be decided on the amount of tendered value

of the work for every completed day/ month (as applicable) that the progress remains below that

specified in Clause 17.1 or that the work remains incomplete. [41]

Penalty for non deployment of Engineers :- If required man power is not deployed rate of recovery

shall be as under:-

Sl.

No.

Qualification Field Penalty per month

per Head (Rs.)

i) Graduate/Diploma with minimum 5

years experience

Civil Engg.

Rs. 15,000/-

ii) Graduate with minimum 2 years of

experience / Diploma with minimum 3

years experience

Civil Engg.

Rs.10,000/-

The amount of the advance payment are: DELETED

Nature of Advance Amount (Rs.) Conditions to be fulfilled

Mobilization ----% of the contract price On submission of un-conditional

Bank Guarantee (to be drawn

before end of 20% contract period)


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(The advance payment will be paid to the contract no later than 30 days after fulfillment of the

above condition)

Repayment of advance payment for mobilization : [42]

The advance loan shall be repaid with percentage deductions from the interim payments

certified by the Engineer under the Contract. Deductions shall commence in the next Interim

Payment Certificate following that in which the total of all such payments to the Contractor

has reached not less than 15 percent of the Contract Price (To be filled up by the Employer before

issue of the tender document; say “Three or Four months”) months from the date of payment of

first installment of advance, whichever period concludes earlier, and shall be made at the rate of

7.5% percent of the amounts of all Interim Payment Certificates until such time as the loan has

been repaid, always provided that the loan shall be completely repaid prior to the expiry of the

original time for completion pursuant to Clauses 17 and 26.

(Score out which ever is not applicable) The date by which “as-built” (Completion Drawings)

drawings (in scale --- [Specify an appropriate scale]) in 2 sets are required is within 30 days of issue

of certificate of completion of Whole or Section of the Work as the case may be. [48]

(Score out which ever is not applicable) The date by which Operating and maintenance Manuals are

required as within 30 days of issue of certificate of completion of whole or section of the works as

the case may be. [48]

The amount to be withheld for failing to supply “as built” (The amount should be sufficient to get

the completion drawings or Operating and Maintenance Manuals prepared by alternative agency in

case the contractor fails to submit.) drawings or supply of Operation and Maintenance Manuals by

the date required is Rs. 1,00,000/- (To be filled by the Employer before issue of tender document)

The following events shall also be fundamental breach of the contract: [49.2]

1. The contractor has contravened Clause 9 of CC.

The percentage to apply to the value of the work not completed representing the Employer's

additional cost for completing the works shall be 30% (Change if need be. It should be sufficient to

get the balance of works completed by alternative agency. [50.1]


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ANNEX-A

Guidelines on Banning of Business Dealings

1. Introduction

1.1 RITES, being a Public Sector Enterprise and ‘State’, within the meaning of Article 12 of Constitution of

India, has to ensure preservation of rights enshrined in Chapter III of the Constitution. RITES has also to

safeguard its commercial interests. It is not in the interest of RITES to deal with Agencies who commit

deception, fraud or other misconduct in the execution of contracts awarded / orders issued to them. In

order to ensure compliance with the constitutional mandate, it is incumbent on RITES to observe

principles of natural justice before banning the business dealings with any Agency.

1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it is incumbent

that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before

passing any order in this regard keeping in view the facts and circumstances of the case.

2. Scope

2.1 The procedure of (i) Suspension and (ii) Banning of Business Dealing with Agencies, has been laid down

in these guidelines.

2.2 It is clarified that these guidelines do not deal with the decision of the Management not to entertain

any particular Agency due to its poor / inadequate performance or for any other reason.

2.3 The banning shall be with prospective effect, i.e., future business dealings.

3. Definitions

In these Guidelines, unless the context otherwise requires:

i) `Bidder / Contractor / Supplier' in the context of these guidelines is indicated as ‘Agency’.

ii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:

a) The Director shall be the ‘Competent Authority’ for the purpose of these guidelines. MD, RITES shall be

the ‘Appellate Authority’ in respect of such cases.

b) MD, RITES shall have overall power to take suo-moto action on any information available or received by

him and pass such order(s) as he may think appropriate, including modifying the order(s) passed by any

authority under these guidelines.

iii) ‘Investigating Department’ shall mean any Department, Division or Unit investigating into the conduct

of the Agency and shall include the Vigilance Department, Central Bureau of Investigation, the State


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Police or any other department set up by the Central or State Government having powers to

investigate.

4. Initiation of Banning / Suspension

Action for banning / suspension business dealings with any Agency should be initiated by the

department/ unit having business dealings with them after noticing the irregularities or misconduct on

their part.

5. Suspension of Business Dealings

5.1 If the conduct of any Agency dealing with RITES is under investigation by any department, the

Competent Authority may consider whether the allegations under investigation are of a serious nature

and whether pending investigation, it would be advisable to continue business dealing with the Agency.

If the Competent Authority, after consideration of the matter including the recommendation of the

Investigating Department/Unit, if any, decides that it would not be in the interest to continue business

dealings pending investigation, it may suspend business dealings with the Agency. The order to this

effect may indicate a brief of the charges under investigation. The order of such suspension would

operate for a period not more than six months and may be communicated to the Agency as also to the

Investigating Department.

The Investigating Department/Unit may ensure that their investigation is completed and whole process

of final order is over within such period.

5.2 As far as possible, the existing contract(s) with the Agency may be continued unless the Competent

Authority, having regard to the circumstances of the case, decides otherwise.

5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its

conduct is under investigation. It is not necessary to enter into correspondence or argument with the

Agency at this stage.

5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the

order of suspension. However, if investigations are not complete in six months time, the Competent

Authority may extend the period of suspension by another three months, during which period the

investigations must be completed.

6. Grounds on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to the State, so warrants;

6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law

for offences involving moral turpitude in relation to its business dealings with the Government or any

other public sector enterprises or RITES, during the last five years;


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6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, owner of the Agency

have been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders,

interpolations, etc;

6.4 If the Agency employs a public servant dismissed / removed or employs a person convicted for an

offence involving corruption or abetment of such offence;

6.5 If business dealings with the Agency have been banned by the Govt. or any other public sector

enterprise;

6.6 If the Agency has resorted to Corrupt, fraudulent practices including misrepresentation of facts;

6.7 If the Agency uses intimidation / threatening or brings undue outside pressure on the Company (RITES)

or its official in acceptance / performances of the job under the contract;

6.8 If the Agency indulges in repeated and / or deliberate use of delay tactics in complying with contractual

stipulations;

6.9 Based on the findings of the investigation report of CBI / Police against the Agency for malafide /

unlawful acts or improper conduct on his part in matters relating to the Company (RITES) or even

otherwise;

6.10 Established litigant nature of the Agency to derive undue benefit;

6.11 Continued poor performance of the Agency in several contracts;

(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may

decide to ban business dealing for any good and sufficient reason).

7. Banning of Business Dealings

7.1 A decision to ban business dealings with any Agency shall apply throughout the Company.

7.2 If the Competent Authority is prima-facie of view that action for banning business dealings with the

Agency is called for, a show-cause notice may be issued to the Agency as per paragraph 8.1 and an

enquiry held accordingly.

8. Show-cause Notice

8.1 In case where the Competent Authority decides that action against an Agency is called for, a show-

cause notice has to be issued to the Agency. Statement containing the imputation of misconduct or mis-

behaviour may be appended to the show-cause notice and the Agency should be asked to submit within

30 days a written statement in its defence. If no reply is received, the decision may be taken ex-parte.


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8.2 If the Agency requests for inspection of any relevant document in possession of RITES, necessary facility

for inspection of documents may be provided.

8.3 After considering the reply of the Agency and other circumstances and facts of the case, a final decision

for Company-wide banning shall be taken by the Competent Authority. The Competent Authority may

consider and pass an appropriate speaking order:

a) For exonerating the Agency if the charges are not established;

b) For banning the business dealing with the Agency.

8.4 The decision should be communicated to the Agency concerned along with a reasoned order. If it

decided to ban business dealings, the period for which the ban would be operative may be mentioned.

9. Appeal against the Decision of the Competent Authority

9.1 The Agency may file an appeal against the order of the Competent Authority banning business dealing,

etc. The appeal shall lie to Appellate Authority. Such an appeal shall be preferred within one month

from the date of receipt of the order banning business dealing, etc.

9.2 Appellate Authority would consider the appeal and pass appropriate order which shall be

communicated to the Agency as well as the Competent Authority.

10. Review of the Decision by the Competent Authority

Any petition / application filed by the Agency concerning the review of the banning order passed

originally by Competent Authority under the existing guidelines either before or after filing of appeal

before the Appellate Authority or after disposal of appeal by the Appellate Authority, the review

petition can be decided by the Competent Authority upon disclosure of new facts /circumstances or

subsequent development necessitating such review.

11. Circulation of the names of Agencies with whom Business Dealings have been banned.

11.1 Depending upon the gravity of misconduct established, the Competent Authority of RITES may circulate

the names of Agency with whom business dealings have been banned, to the Ministry of Railways and

PSUs of Railways, for such action as they deem appropriate.

11.2 If Ministry of Railways or a Public Sector Undertaking of Railways request for more information about the

Agency with whom business dealings have been banned a copy of the report of Inquiring Authority

together with a copy of the order of the Competent Authority/ Appellate Authority may be supplied.

12. Restoration

12.1 The Restoration of the banning order shall be for a specific time & on expiry of the same, the banning

order shall be considered as "withdrawn".


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12.2 In case any agency applies for restoration of business prior to the expiry of the ban order, depending

upon merits of each case, the Competent Authority which had passed the original banning orders may

consider revocation of order of suspension of business/lifting the ban on business dealings at an

appropriate time. Copies of the restoration orders shall be sent to all those offices where copies of Ban

Orders had been sent.