haryana pwd b&r branch, provincial division...

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1 HARYANA PWD B&R BRANCH, PROVINCIAL DIVISION PANIPAT TERM OF REFERENCE DOCUMENTS FOR CARRYING OUT SURVEY, GEOTECHNICAL INVESTIGATION AND PREPARATION OF GADs / DETAILED PROJECT REPORT, BOQ, DETAILED DESIGNING, WORKING DRAWINGS, DETAILED ESTIMATE FOR CONSTRUCTION OF H.L. BRIDGE ON YAMUNA RIVER CONNECTING BILASPUR TO KHOJKIPUR ROAD (HSAMB) OF DISTRICT PANIPAT AND TANDA KURDI-NAGAL SAI, MANDIR, CHAPROLI BAROT ROAD IN UTTAR PARDESH STATE. Contract No: _______________ Serial No._____________________ Date Issue __________________ Name of Agency to whom _______________________________________________ Issued _________________________________________________ Signature of Officer Issuing the Document ________________________________________________________ Executive Engineer, Provincial Division PWD B&R Br., Panipat DNIT approved for Rs. 10.00 Lacs vide S.E. (Karnal) letter No. ______ dated____

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1

HARYANA PWD B&R BRANCH,

PROVINCIAL DIVISION PANIPAT

TERM OF REFERENCE DOCUMENTS FOR

CARRYING OUT SURVEY, GEOTECHNICAL INVESTIGATION AND PREPARATION OF GADs / DETAILED PROJECT REPORT, BOQ, DETAILED DESIGNING, WORKING DRAWINGS, DETAILED ESTIMATE FOR CONSTRUCTION OF H.L. BRIDGE ON YAMUNA RIVER CONNECTING BILASPUR TO KHOJKIPUR ROAD (HSAMB) OF DISTRICT PANIPAT AND TANDA KURDI-NAGAL SAI, MANDIR, CHAPROLI BAROT ROAD IN UTTAR PARDESH STATE.

Contract No: _______________ Serial No._____________________ Date Issue __________________ Name of Agency to whom _______________________________________________ Issued _________________________________________________ Signature of Officer Issuing the Document ________________________________________________________

Executive Engineer, Provincial Division PWD B&R Br., Panipat

DNIT approved for Rs. 10.00 Lacs vide S.E. (Karnal) letter No. ______

dated____

2

GOVERNMENT OF HARYANA

PWD (B&R) Branch, Sonepat

Press Note

HARYANA PWD (B&R)

NOTICE INVITING TENDER Sr. No.

Name of Work Estimated Cost

Bid Securi

ty

Time limit

Hash submission

1. Carrying out survey, Geotechnical Investigation and

preparation of GADs / Detailed Project Report

detailed designing, working drawings and detailed

estimate for Construction H.L. Bridge on Yamuna

River Connecting Bilaspur to Khojkipur road

(HSAMB) of District Panipat and Tanda Kurdi-

Nagal Sai Mandir, Chaproli Barot road in Uttar

Pardesh State.

Rs. 10.00 Lacs

Rs. 20000/-

2(Two ) Months

Upto 11.06.2013 17.00 Hrs.

Only through E-tendering

Note: - For other details visit Website http://haryanapmgsy.etenders.in and

www.haryanapwd-bandr.org. (For and on behalf of Governor of Haryana)

Executive Engineer, Provincial Division PWD B&R Br., Panipat Ph. No. 0180-2638652

3

CONTENTS

Sr. No.

Section Description Pages

1. Section 1

Notice for inviting Financial Bid

2. Section 2 Instructions to Tenderers /

Bidders

3. Section 3

Terms of Reference

4 Section 4

Format, Technical Proposals

5 Section 5

Financial bid format

6 Section 6

Forms of Securities & agreement

7 Section 7 Sketches of available level

crossings

4

SECTION – 1

5

DETAIL NOTICE INVITING TENDER The Governor of Haryana invites the bids from eligible empanelled Consultants of Haryana State Roads &

Bridges Development Corp. Ltd Haryana PWD B&R & MORT&H (Category-I) through online bids in the web

site http://haryanapmgsy.etenders.in for the work detailed in the table.

Sr

N

o

Name of work Approximat

e value of

work (Rs. In

Lacs)

Bid

Security

(Rs.)

Cost of

docume

nts

Time

limit

Date & time

for bid

preparation to

Hash

Submission

1. Carrying out survey, Geotechnical

Investigation and preparation of

GADs / Detailed Project Report

detailed designing, working drawings

and detailed estimate for Construction

H.L. Bridge on Yamuna River

Connecting Bilaspur to Khojkipur

road (HSAMB) of District Panipat and

Tanda Kurdi-Nagal Sai Mandir,

Chaproli Barot road in Uttar Pardesh

State.

Rs. 10.00

Lacs

Rs.

20000/-

Rs. 500/- 2 (Two)

Months.

28.05.2013

upto 17.01 to

11.05.2013 upto

17.00

1. Bidding Documents can be downloaded online from the Portal http://haryanapmgsy.etenders.in

by the Societies / Contractors registered on the Portal.

2. As the Bids that are to be submitted online are required to be encrypted and digitally signed, the Bidders

are advised to obtain the same at the earliest. For obtaining Digital Certificates, the Bidders may contact

the representatives of Nex Tenders, the Service Providers of Electronic Tendering System.

3 The contractual Agencies can submit their tender documents (Online and physical) as pe

the dated mentioned in the key dates above:-

Sr.

No.

PWD B&R Stage Contractor Stage Start Date & Time Expiry Date & Time

1 Release of Tender - 17.05.2013

09.00

28.05.2013

17.00

2 - Download Tender Document 28.05.2013

17.01

11.06.2013

17.00

3 - Online Bid Preparation & Hash

Submission

28.05.2013

17.01

11.06.2013

17.00

4 Technical and

Financial Lock

- 11.06.2013

17.01

12.06.2013

17.00

5 - Re-encryption of Online Bids 12.06.2013

17.01

13.06.2013

17.00

6 - Manual Submission of BS 14.06.2013

10.00

14.06.2013

17.00

7 Open BS &

Technical/PQ bid

- 17.06.2013

10.00

18.06.2013

17.00

8 Technical

Evaluation

- 17.06.2013

11.00

18.06.2013

17.00

9 Open

Financial/Price-Bid

- 17.06.2013

11.30

18.06.2013

17.00

6

4. The Bidders can download the bidding documents from the Portal

http://haryanapmgsy.etenders.in. Tender Document Fees has to be paid online during the

Bid Preparation and Hash Submission stage bid security has to be submitted in separate

sealed BS envelope. The bidders shall have to pay the tenderer documents fees

mentioned against the work at the time of bid preparation and hash submission stage.

The bid security will have to be in any one of the form as specified in the bidding

documents. The BS envelop has to reach in the office of Executive Engineer Provl. Divn.

PWD B&R Panipat on before 14.06.2013 upto 17.00 Hrs. However, as the details of the

Bid security are required to be filled at the time of Bid Preparation and Hash Submission

stage, the Bidders are required to keep the BS ready appropriately

5. The tender shall be submitted by the tenderer in the following three separate envelopes

online:

1. Earnest Money - Envelope 'BS (Scanned copy online and hard

copy

in physical form.

2. N.I.T. and Technical Bid - Envelope 'TI (Online)

3. Tender in Form-A(Price Bid) - Envelope CI’ (Online)

Note: Online Bidders are required to submit the physical BS in a physical BS

Envelope - ‘BS’. Price Bids and technical are to be submitted mandatory online and

shall not be accepted in any physical form.

Reference of the BS is to be mentioned online.

Above envelopes, as applicable, shall be kept in a big outer envelope, which shall also be sealed.

In the first instance, the Envelope - 'BS' of all the Bidders containing the Bid security shall be

opened online and physically. If the Earnest Money is found proper. Technical Bid shall be

opened (online) in the presence of such contractors who choose to be present. The Financial Offer

in envelope CI’ shall be opened (online) only if the Tenderers meet the qualification criteria as

per the Bid document. The date of opening of Financial Bid shall be fixed at the time of opening

of Technical Bid.

The Contractual Agencies will submit the necessary documents as under.

Envelope ‘BS’ – Bid Security Envelope

Physical BS Envelope – Bid Security will have to be in any one of the form as specified

in the bidding documents.

Online BS Envelope – Reference details of the Bid security instrument and scanned copy

of the Bid Security.

7

In case financial bid is submitted but bid security has not submitted by any

bidder, then bidder would be debarred from further tendering in Haryana PWD B&R for

a period of minimum one year.

Envelope ‘CI’ Price bid Envelope .

Information related to price bid of the tender to be submitted mandatorily

online.

The envelope marked BS shall be submitted clearly marking the name of

agency and name of work.

The Contractual Agencies can submit their tender documents (online )as per the

dates mentioned in the Key Dates above.

CONDITIONS:-

1. DNIT & Prequalification can be seen on any working day during office hours in office of

the undersigned.

2. Conditional tenders will not be entertained & liable to be rejected

3. In case the day of opening of tenders happens to be holiday, the tenders will be opened

on the next working day. The time and place of receipt of tenders and other conditions

will remain unchanged.

4 The undersigned reserve the right to reject any tender or all the tenders without assigning

any reason

5. The societies shall produce an attested copy of the resolution of the Co-operative

department for the issuance of tenders.

6 The tender without earnest money will not be opened.

7. The jurisdiction of court will be at Panipat .

8. The tender of the bidders who does not satisfy the qualification criteria in the bid

documents are liable to be rejected. Summarily without assigning any reason and no

claim whatsoever on this account will be considered.

9. The bid for the work shall remain open for acceptance during the bid validity period to be

reckoned from the last date of “Mannual submission of BS.” If any bidder/tenderer

withdraws his bid/tender before the said period or makes any modification in the terms

and conditions of the bid, the earnest money shall stand forfeited. Bid shall be valid for

120 days from the date of bid closing i.e. from last date of manual submission of EMD.

In case the last date to accept the tender happens to be holiday, validity to accept tender

will be the next working day.

Executive Engineer,

Provincial Division,

PWD B&R Br, Panipat

8

Endorsement No. Dated

A copy of above is forwarded to the following for information and wide publicity:-

1. The Engineer-in-Chief, Haryana PWD B&R Branch, Chandigarh.

2. All Superintending Engineer, Haryana PWD B&R Branch.

3. Commissioner, Rohtak.

4. Deputy Commissioner, Panipat.

5. All Executive Engineer PWD B&R Branch, Haryana.

6. The Asstt. Registrar, Co-op L&C Societies Panipat.

7. The Manager Co-op. L&C Society, Panipat.

8. All the approved contractors/Societies of Haryana PWD B&R Br./CPWD/DDA/Delhi

PWD/adjoin

states of appropriate class.

9. Notice Board/Dy. Supdt./HDM/DAO.

Executive Engineer,

Provincial Division,

PWD B&R Panipat

9

Section – 2

INSTRUCTIONS TO BIDDERS

10

SETION – 2

INSTRUCTIONS TO BIDDERS

1 GENERAL :

1.1 The work is proposed to be executed under the following relationship: -

a) Client Haryana PWD B&R Department.

b) Employer

Superintending Engineer, Karnal Circle PWD B&R Karnal

c) Engineer-in-Charge

Executive Engineer, Provl. Divn, PWD B&R Panipat

d) Design Consultant The successful tenderer to whom the work will be awarded shall

become the Design consultant for the execution of this work.

2 Eligible Bidders

2.1 This invitation of bid is open for consultants empanelled from Haryana State Roads & Bridges,

Dev. Corp. Ltd, Haryana/ PWD (B&R) & MORT&H .

2.2 Qualification of bidder:

The bidder must have completed, during last four years, for Govt./Semi Govt./ Public Sector, as

prime consultant, following consultancy assignment up to physical completion of the project for:-

H.L. Bridge minimum length of 300m (having multiple span not less than 20.0m metres),, which

should be of PSC, Steel or Composite Girder.

2.3 The information for pre-qualification should be strictly submitted in the format given as

Annexure-I in Section 4.

2.4 The Design Consultant should submit performance certificates in reference to S. No. 2.2 above,

from clients for having successfully completed the works.

2.5 There should not be any unsatisfactory performance report of the Design Consultant from any

source.

3. Haryana PWD B&R Department requires Design Consultants to observe the highest standard of

ethics during selection process and the execution of contracts. If it is found at any time that a

Design Consultant has misrepresented itself, or provided false information, he is liable to be

disqualified.

4. Tenderers may carefully note that they are liable to be disqualified at any time during Tendering

process in case any of the information furnished by them is not found to be true. In addition the

DMD of such tenderer shall be forfeited. The decision of Employer in this respect shall be final

and binding.

5. The bidder must obtain for itself on its own responsibility and its own cost all the information

including risks, contingencies and other circumstances in execution of the work. It shall also

carefully read and understand all the obligations and liabilities given in tender documents.

6. The bidder is advised to visit and examine the site where the work is to be executed and its

surroundings or other areas as deemed fit by the bidder and obtain for itself on its own

responsibility all information that may be necessary for preparing the bid and execution of the

contract. The cost of visiting the site and collecting relevant data shall

11

12

SECTION – 3

CONDITIONS OF CONTRACT

13

SECTION – 3 CONDITIONS OF CONTRACT

3. Scope of the consultancy Services:-

The work shall relate to bridges along with both sides approaches with bank

protection and river training works, if any and shall be accordance with

latest IRC/BIS/MORT&H/ Standard Codes/ Hry.PWD specifications and

guide lines. Practical consideration/ economy, aesthetic aspects,

maintainability, case of construction, local conditions and constraints apart

from technical requirements shall be kept in view while formulating the

design proposals. Special attention shall be paid to the performance of bridge

under stringent seismic conditions. To propose alternate along with their

merits and demerits and recommend one of the alternatives which is most

advantageous.

3.1 Land Survey, Hydraulic Study and G.A.D.:-

I. To prepare GAD of the proposed bridge showing the type of structure.

Span arrangements etc. in consultation with the state PWD/ MORT&H.

Topographical Survey of the proposed Bridge site using Electronic

and computerized Total Station & Auto Level & preparation of G.A.D

for the final proposed site selected by PWD. Contour survey plan of

the stream showing all topographical features and extending

Up/Stream & Down/Stream of any of the proposed sites to the

distances one and a half km or the width between the banks

whichever is more for catchment areas more than 15 square km or

such other greater distances as the engineer responsible for the design

may direct and to a sufficient distance on either side to give a clear

indication of the topographical or other features that might influences

the location and design of the bridge and its approaches. All sites for

crossing worth consideration shall be shown on the plan.

II. A site plan to a suitable scale showing details of the site selected and

extending not less than 100 mtr Up/ Stream & Down/Stream from

the centre line of the crossing and covering the approaches to a

sufficient distance, which in the case of a major bridge shall not be less

than 500 mtr on either side of the river. In case the river is meandering

in the vicinity of the bridge site, the course of the river extending a

14

suitable distance not less than two loops on either side of the

proposed crossing shall be plotted on the site plan

III. The name of the channel or bridge and of the road and the

identification number allotted to the crossing with the location (in

kms) at the centre of crossing.

IV. The direction of flow of water at maximum discharge and, if possible

the extent of deviation at lower discharges. The alignment of existing

approaches and of the proposed crossing and its approaches, the

angle and direction of skew if the crossing is aligned on a skew, The

name of the nearest inhabited identifiable locality at either end of the

crossing on the roads leading to the sites, Reference and R.L. of

permanent stations and bench marks used for layout duly connected

to GTS benchmark, wherever available.

V. Record the data and prepare the L-Section of River or Road. Record

the data and prepare the X-Section of River or Road. Preparation of

Longitudinal sections along Proposed C.L of Bridge, preparation of

Cross sections of river & marking LWL, HFL on it & calculation of

wetted perimeter.

VI. Collection of hydraulic data fixing hydraulic design parameters e.g.

catchment characteristic, rainfall data, design discharge, scour depth,

cross section and longitudinal section of the river.

VII. Get the GAD approved from the competent authority of Haryana. PWD

with supporting hydraulic data including scour calculations.

3.2.Geotechnical Investigation:

I. Carryout sub-soil investigations for the proposed bridges as per IRC

guidelines and Ministry’s specifications including the guidelines gives in

the pocket book for Bridge Engineer. To conduct detailed Geo-

technical investigation as required in the project.

Results should include recommendations regarding safe bearing

capacity of soil and as the site conditions warrant (As per the Geo

technical report).The consultant shall carry out Geotechnical

investigation at least one bore hole at each pier and abutment

location to a minimum depth 1.5 times the minimum

width/diameter of foundation below proposed founding level, as

detailed below.

a Drilling of 100/150mm dia or as decided by the department for the

purpose of this investigation.

15

b Conduct SPT test at every 1.5m interval

c Collect disturbed / undisturbed soil samples & water samples for

carrying out various Lab. Tests as per relevant IS codes.

d Preparation of bore logs, location plan of bore holes, various tests

result curves & calculation on computer by using suitable soft ware.

e Submission of draft report in three copies & final report in hard

copies with a soft copy & recommendation of suitable type of

foundation with Safe Bearing Capacity.

II. .

III. Establish horizontal control points of the ground for the final centre line

of the approaches through reference pillars fixed in concrete and vertical

controls through a series of Bench Mark all along the length of approach

road. Investigations should be as per recommendations contained in IRC

:SP:19-2001 guidelines and specifications .

IV. Carryout drainage studies indicating general drainage pattern. HFL

water level, seepage flow etc and prepare drainage plan as per IRC

guidelines and specifications including locations and design of culverts.

V. Preparation of tendering documents as per guidelines of Public Works

Department.

VI. Detailed drawing shall be Prepared to international Standard, using CAD.

It will contain all the details required for the execution of the project.

3.3 PREPARATION OF DETAILED Design FOR H.L. & its

Approaches:

a) Preparation of detailed design of bridges along with drawings of

various components of bridges including a minimum of 500mtrs.

Approaches on either side of the bridge, protection work, if any

required, prepare Horizontal and vertical alignment plan and cross-

sections for approach road as per IRC: SP:19-2001 guidelines and

specifications

16

b) It will require consultant to select the most suitable location

of the bridges, carry out detailed design of the bridge (including

type, depth & section of foundation, number of spans, dimensions

and location of piers/abutments, type and dimensional details of

superstructure etc.), workout the scheme of construction (including

sequence and methodology of various stages of construction,

assessment of approach to men, machinery and material, detailing of

any other factor relevant in bridge construction including detailed

structural design, prepare drawings in AUTOCAD, submit the

drawings to PWD/Railway for approval and carry out

corrections/changes till final approval. Bridge loading standards are

to be followed as per IRC 5 and IRC 6-2000. Design shall confirm to

Ruling gradient, maximum permissible curvature and schedule of

dimension of PWD and National Highway Authority of India/ Indian

Road congress.

c) Computer aided drafting shall be made mandatory for preparation of

structural plans. All the calculations carried out to arrive at the design

shall be included in the report to be submitted. The drawings along

with design calculations shall be submitted in soft and hard copy for

approval. After approval, drawings and design report shall be

submitted in hard copies and soft copies in CD/DVD. Once paid for all

the drawings will be property of PWD and only PWD will have all

the rights to modify, alter copy or use these drawings in any other way.

Analysis of the structure can be done by the latest acceptable

computer aided methods wherever relevant. Design of the section

shall be done in MS EXCEL suited to easy appreciation. Design of the

various components shall be conforming to various latest IRC codes/

Ministries guidelines and circulars. The input data, design parameters,

assumptions made and final analysis results for each components of

the structure should be spelt out Cleary and proper reference,

17

wherever required, of various IRC or other codes etc. shall be

indicated for better appreciation of detailed design.

3.4 PREPARATION OF DETAIL SCHEDULE OF QUANTITIES

2.4.1 Preparation of BOQ and Cost Estimate for the project based on

analysis of rates as per Ministry’s standard Data Book/ of current HSR

.2.4.2 The Consultant shall prepare detailed schedule of items with

their description, specification, quantity, unit of measurement, special

conditions and rates (with detailed & documented rate analysis) and

construction of Bridge. The schedule shall include items as per the

sound engineering practices as adoptable to PWD/MORT&H and

pertinent Road Authorities. The rates adopted for schedule of

quantities and detailed estimate should be the latest and realistic.

The Schedule shall be unambiguous and shall bring out details of

quantity system to be followed including quoting applicable codes &

manuals.

3.5 PREPARATION OF TENDER DOCUMENT

3.5.1 Consultant shall prepare detailed and comprehensive tender

documents for construction of Bridges based on the bill of quantities.

The documents should be prepared will be based on the present

norms being followed in the industry and also close acceptance in

execution in a setup like PWD. The document should cover all aspects

of the contract document of this nature including specifications to be

adopted for design, testing of material, quality norms and its testing,

quality assurance plan, time schedule, payment schedule,

prequalification criteria for various stages of selection of the

contracting firm, legal provisions etc. The tender shall be for two

packet system of tendering. The tender documents shall be such as to

result into timely execution of the bridge work conforming to laid

down quality standards, shall be unambiguous, shall ensure

compliance of all the relevant legal provisions, shall provide for all the

foreseeable and non foreseeable eventualities in the execution of

18

the contract, shall be amenable to supervision and shall have inbuilt

quality checks, shall clearly lay down the intention of PWD as

gathered through various interactions, shall provide for dispute

settlement without affecting the progress of the work and shall be got

approved from PWD.

3.5.2 Before proceeding in drafting the tender document, the Consultant

shall prepare a board framework of draft provisions of the documents

bring out the latest trends being adopted in such type of contract. A

presentation on the same will be made to PWD officials so that board

frame work can be arrived at the beginning of the assignment. The

consultant shall continue to interact till draft document are prepared.

The Consultant then submit draft tender in a soft and two hard copies

of PWD for approval. On approval, the consultant shall submit five

hard copies and two soft copies on CD/DVD of each of these tender

documents. If any document to be attached in the tender document

is to be given by PWD, it will be given in a single copy and it will be

got Xeroxed/copied by PWD to make more copies at their own cost.

3.6 APPROVAL OF Design FROM , STATE GOVT. AUTHORITIES & Proof

Checking :

3.6.1 After preliminary approval of Design by PWD the consultant shall

arrange for its approval from the concerned Authorities at all

levels, by deputing experienced and qualified personnel, at their own

cost of manpower, transportation, travelling expenses etc.

3.6.2 To get the design & working / detailed drawings proof checked from

any of the IIT’s / Punjab Engineering College / any other agencies

nominated by PWD at his own cost. The consultant shall modify /

revise the designs & drawings on the basis of changes / modifications

suggested by proof consultant or employer without any additional

cost.

3.6.3 The Consultant shall be assist Harayana PWD B&R authority to clear

the project from National Capital Region Board.

19

3.7 The Consultant shall be responsible for prompt transit and

delivery of all documentation & drawings between

PWD (Government of Haryana).

3.8 All documents / drawings or any other information/material created

during the project will be property of PWD and all such

information to be provided to PWD in hard and soft copy (editable).

The form of softcopy should be decided in consultation with PWD e.g.

drawings should be in Autocad form (.dwg), written reports should be

in editable .doc (Microsoft word) form. Consultant will require to

make changes(if required) in the drawings etc after final approval

from PWD during the execution of the project..

3.9 To provide design support during construction stage including

temporary works design, road diversions, checking of executing

agencies scaffolding / shuttering arraignment etc.

3.10 To visit the site during the contract period, as directed by the

engineer/ in charge of the work in case of any problem relating to

design / drawing. The detail of site visits will be paid for as per

schedule in the financial bid.

4.0 PERFORMANCE SECURITY

4.1 Performance Security:

i. Within 14 days of issue of the Letter of Acceptance from the

Employer/ Engineer, the successful tenderer shall furnish to

Employer/Engineer a performance Security in the form of bank

guarantee on the proforma annexed as Annexure-I from any

scheduled Bank for an amount of 5% (Five percent) of the original

Contract value. Alternatively, the performance security can be

furnished by the Design Consultant in the form of Fixed Deposit

Receipt (FDR) from a scheduled Bank endorsed in favour of the

Managing Director, Haryana State Roads & Bridges Dev. Corp.

Ltd, Panchkula .

The bank guarantee/ FDR shall be operative till six months after

proposed time limit or extended time limit of the work satisfactory.

20

ii) No payment under the contract shall be made to the Design

Consultant before receipt of performance security.

iii) Failure of the successful tenderer to furnish the required

performance security shall be a ground for the annulment of the

award of the Contract.

4.2 Release of Performance Security:

The whole of the Performance Security shall be liable to be forfeited by the

Employer/ Engineer at the discretion of the Employer/Engineer, in the event of

any breach of contract, on the part of the Design Consultant or if the Design

Consultant fails to perform or observe any of the conditions of the contract. On

due and faithful/satisfactory completion of the entire, the Performance Security

shall be returned to the Consultant.

5.0 CONTRACT AGREEMENT:

The Design Consultant shall enter into and execute the Contract agreement in the

form of agreement (Annexure-II) within 30 days from the date of issue of Letter

of Acceptance. The stamp papers of the requisite value as per the prevailing laws

shall be provided by the Design Consultant at his own cost. Original agreement

shall be retained by the Employer/Engineer and a certified copy shall be made

available to the Consultant.

6.0 MOBILISAITON ADVANCE

6.1 Conditions for Payment:

If requested by the Design Consultant in writing, the Employer/ Engineer shall

make an interest bearing mobilization advance payment to the Design Consultant

for an amount not more than 15 (Fifteen) percent of the contract value/price. The

mobilization advance shall be paid exclusively for the costs of mobilization in

respect of the Works. Payment of such advance shall be made after fulfillment of

the following conditions to the satisfaction of the Engineer: -

i) Submission of Performance Security by the Design Consultant in

accordance with Clause 4.1 of these Conditions.

i) Submission of an unconditional bank guarantee in the format annexed as

Annexure-III from a scheduled bank in India for an amount equivalent to

the mobilization advance being paid. The Bank Guarantee may be split

into not more than four separate Bank Guarantees & each having a

minimum value of 2.5% of the original contract value. Such Bank

Guarantee shall remain effective until the advance payment has been

recovered from the Consultant. Bank Guarantee(s) for the amount

recovered from the Design Consultant shall be released to the Design

Consultant progressively.

21

6.2 Payment :

After fulfillment of the pre-conditions as described in para 6.1 above, the

mobilization advance shall be released to the Consultant.

6.3 Recovery :

The recovery of mobilization advance shall commence from the Consultant’s on

account bills after completion of Geotechnical investigation works at site and the

full recovery shall be effected before completion of works for a value of 60% of

the total contract value. The recovery schedule shall be made by the Engineer

based on the payments made.

7.0 RATES TO BE ALL INCLUSIVE :

7.1 The rates/price to be quoted in financial bid shall be for the complete scope of

work as described in the tender document. Any item of work included in the

scope of work may not be exclusively described in the document. The price to be

quoted in the Bid Form shall also take care of all such items of consultancy

assignment.

The price quoted should also be inclusive of all types of direct and indirect taxes

imposed by Central/State Govt. and local bodies. However, any statutory

variation in and/ or fresh imposition of such levies/ taxes relevant to this contract

shall be reimbursed by the Employer after submission of documentary evidences

by the Design Consultant and verification of the same by the Department.

No price adjustment shall be applicable and the price as accepted shall remain

firm and hold good till the completion of assignment/work in all respects. No

additional claim or amount shall be admissible on account of any fluctuations in

any market rates.

7.2 Payment :

The accepted contract price shall form the basis of payment to the consultant.

Payment shall only be made after submission of bill(s) by the Consultant. The

payment shall generally be made within 15 days from the submission of the bill

by the Consultant. However, no payment shall be made to the Design Consultant

till such time Service tax registration certificate is submitted. Payment shall be

made on proportionate basis in the following stages: -

S. No.

Description Payment

1. On completion of Feasibility Study and submission of a

preliminary report and site plan giving schematic

proposal

5%

22

2.

On submission of Geo-Technical Investigation Report

10%

3.

On Submission of Feasibility Report and GAD to PWD

10%

4.

On Obtaining approvals of GAD from PWD On submission of cost estimate, as per proposal approved

by PWD

10%

5.

Submission of Draft Project Report, as per proposal

approved by PWD

20%

6.

Submission of Detailed Project Report with Detailed Structural Design and Drawings for proof checking

10%

7. Submission of Final Detailed Project Report with Detailed Structural Design and Drawings duly amended after proof checking along with DNIT & Final DPR.

15%

8

On completion of Bid process and evaluation, and signing of

Agreement with Contractor(s)*

5%

9.

Services to be provided during execution 20% (as

follow)

a Training to the engineers of PWD & executing agency 2% b Verification of Layout 1%

c Verification during placement of first cutting edge. 1%

d Verification during bottom plug. 1%

e Checking / Supervision during fixing of steel shuttering /

scaffolding etc.

1%

f Checking / Supervision during construction of foundation 4%

g Checking / Supervision during construction of Super

Structure.

4%

h Checking / Supervision during construction of Approaches 2%

i Checking / Supervision during testing of bearings 1%

j Checking / Supervision during construction of expansion

joints.

1%

k after completion of the project, but before opening the bridge

to traffic, the consultant shall have joint visual inspection in

the company of PWD Engineers & if required a load test shall

be carried out before opening the bridge to traffic

2%

23

TOTAL

100 %

8.0 SCHEDULES FOR COMPLETION OF WORK:

The Design Consultant shall carryout the work indicated at S. No. 1 to 7 in the

above clause included in his scope of work very expeditiously within the

following time schedule for all the ROBs: -

S.

No.

Description of work Period (in days)

1. Mobilization of manpower equipment etc.

required for survey and geotechnical

investigation work.

D + 7

2. Preparation & submission of survey report and

geotechnical investigation report to Department.

Preparation of GAD & its submission.

D + 14

3. Approval of GAD from State Govt., Local

Authorities etc.

D + 21

4. Preparation and submission on basis of approved

(GAD), preliminary design and drawings,

estimate including bill of quantities and general

specifications required for floating of tenders etc.

D + 30

5. Approval of detailed design, working/

construction drawings for foundation, sub-

structure, and approaches

D + 45

6 Approval of detailed design, working/

construction drawings for superstructure.

D +60

D = Date of issue of Letter of Acceptance.

9.0 Schedule of modification during construction: Pursuant to Clause 1.0 (l) and

Item No.7 of payment sub clause 7.2 hereinabove, the design consultant shall

submit the modified design/drawing during construction period within 10 days

from the date of receipt of such directions from employer. The design consultant

shall provide all support for modification including site visits during entire

completion period of the project by the construction agency including extended

period if any.

10.0 DELAY AND EXTENSION OF CONTRACT PERIOD/ LIQUIDATED

DAMAGES :

24

10.1 The time allowed for execution and completion of the works or part of the works

as specified in the contract, shall be essence of the contract on the part of the

Consultant.

10.2 As soon as it becomes apparent to the Consultant, that the work and/ or portions

thereof (required to be completed earlier), cannot be completed within the

period(s) stipulated in the contract, or the extended periods granted, he shall

forthwith inform the Engineer and advise him of the reasons for the delay, as also

the extra time required to complete the works and / or portions of work, together

with justification therefore. In all such cases, whether the delay is attributable to

the Design Consultant or not, the Design Consultant shall be bound to apply for

extension well within the period of completion/ extended period of completion of

the whole works and / or portions thereof.

10.3 Extension due to modifications

If any modifications are ordered by the Engineer or site conditions actually

encountered are such, that in the opinion on the Engineer the magnitude of the

work has increased materially, then such extension of the stipulated date of

completion may be granted, as shall appear to the Engineer to be reasonable.

10.4 Delays not due to Employer

If the completion of the whole works (or part thereof which as per the contract is

required to be completed earlier), is likely to be delayed on account of:

a. Any force major event referred to in Clause 13.0 or

b. Any relevant order of court or

c. Any other event or occurrence which, according to the Engineer is not due

to the Consultant’s failure or fault, and is beyond his control;

The Engineer may grant such extensions of the completion period as in his

opinion is reasonable.

10.5 Delays due to Employer/Engineer

In the event of any failure or delay by the Employer / Engineer in fulfilling his

obligations under the contract, then such failure or delay, shall in no way affect or

vitiate the contract or alter the character thereof, or entitle the Design Consultant

to damages or compensation thereof but in any such case, the Engineer shall grant

such extension or extensions of time to complete the work, as in his opinion is/

are reasonable.

10.6 Delays due to Design Consultant and Liquidated Damages:

25

If the delay in the completion of the whole works or a part of the works, beyond

stipulated completion period, is due to the Consultant’s failure or fault, and the

Engineer feels that the remaining works or the portion of works can be completed

by the Design Consultant in a reasonable and acceptable short time, then, the

Engineer may allow the Design Consultant extension or further extension of time,

for completion, as he may decide, subject to the following:

a. Without prejudice to any other right or remedy available to the Engineer,

recover by way of liquidated damages and not as penalty, a sum

equivalent to quarter of one percent (0.25%) of the contract value of the

works, for each week or part thereof the Design Consultant is in default.

b. The recovery on account of compensation for delay shall be limited to 5%

of his contract value of the works, as the case may be.

The recovery of such damages shall not relieve the Design Consultant from his

obligation to complete the work or from any other obligation and liability under

the contract.

10.7 Engineer’s decision on compensation payable being final

The decision of the Engineer as to the compensation, if any payable by the Design

Consultant under this clause shall be final and binding.

10.8 Time to continue to be treated as the essence of contract in spite of extension

of time.

It is an agreed terms of the contract that notwithstanding grant of extension of

time under any of the sub-clauses mentioned herein, time shall continue to be

treated as the essence of contract on the part of the Consultant.

11.0 TERMINATION OF CONTRACT DUE TO CONSULTANT’S DEFAULT

11.1 Conditions leading to termination of contract

i. If the Consultant

a. becomes bankrupt or insolvent, or,

b. makes arrangements with or assignment in favour of his creditor,

or agrees to carry out the contract under a committee of inspection

of his creditors or

c. being a company or corporation goes into liquidation by a

resolution passed by the Board of Directors/ General Body of the

share-holders or as a result of court order (other than voluntary

liquidation for the purpose of amalgamation or reconstruction) or

26

d. has execution levied on his goods or property or the works, or

e. assigns or sublets the contract or any part thereof otherwise than as

provided for under conditions of this contract, or

f. abandons the contract, or

g. persistently disregards instructions of the Engineer or contravenes

any provisions of the contract, or

h. fails to adhere to the agreed programme of work or fails to

complete the works or parts of the works within the stipulated or

extended period of completion, or is unlikely to complete the

whole work or part thereof within time because of poor record of

progress; or

i. fails to take steps to employ competent and / or additions staff and

labour, or

j. promises, offers or gives any bribe, commission, gift or advantage,

either himself or through his partners, agents or servants to any

officer or employee of the Engineer or the Employer, or to any

person on their behalf, in relation to obtaining or execution of this

or any other contract with the Employer, or

k. suppresses or gives wrong information while submitting the tender.

In any such case, the Engineer on behalf of the Employer may serve the Design

Consultant with a notice in writing to that effect and if the Design Consultant does

not, within 7 days after delivery to him of such notice, proceed to make good his

default in so far as the same is capable of being made good, and carry on the work

or comply with such instructions as aforesaid to the entire satisfaction of the

Engineer, the Employer shall be entitled after giving 48 hours notice in writing to

terminate the contract, as a whole or in part or parts (as may be specified in such

notice).

ii. In such a case of termination, the Employer/Engineer may adopt

the following course.

Carry out the whole or part of the work from which the Design

Consultant has been removed by engaging another Design

Consultant or deployment of technical staff at site.

11.2 Entitlement of Employer/Engineer:

27

In cases described in sub-clause 11.1 (ii) above, the Employer/ Engineer shall be

entitled to:

a. Forfeit the whole or such portion of the Performance security amount, as

he may deem fit, and

b. Recover from the Design Consultant the cost of carrying out the balance

work in excess of the sum, which he would have been paid, according to

the certificate of the Engineer, if the works had been carried out and

completed by the Design Consultant under the terms of the contract. Such

certificate shall be final and binding upon the Consultant. The amount to

be recovered may be deducted by the Employer/ Engineer from any other

moneys due to the Design Consultant alone or jointly under this or any

other contract.

12.0 TERMINATION OF CONTRACT ON EMPLOYER/ ENGINEER’S

ACCOUNT.

The Employer/Engineer shall be entitled to terminate the contract, at any time,

should, in the Employer/Engineer’s opinion, the cessation of works becomes

necessary, owing to paucity of funds or due to court orders or from any other

cause whatsoever. Notice in writing from the Employer/Engineer of such

termination and reasons therefore, shall be conclusive evidence thereof.

In case of termination of contract on Employer/Engineer’s account as described

above, the claims of the Design Consultant towards expenditure incurred by him

in the expectation of completing the whole works, shall be admitted and

considered for payment as deemed reasonable and are supported by the

documents/vouchers etc. to the satisfaction of Employer/Engineer. The decision

of the Employer/Engineer on the necessity and propriety of such expenditure shall

be final and conclusive.

However, the Design Consultant shall have no claim to any payment of

compensation or otherwise, on account of any profit or advantage which he might

have derived from the execution of the work in full but which he could not in

consequence of termination of contract under this clause.

13.0 FORCE MAJURE

13.1 If, at any time during the currency of the contract, the performance of any

obligation (in whole or in part) by the Employer or the Design Consultant shall be

prevented or delayed by reason of any war, hostilities, invasion, acts of public or

foreign enemies, rebellion, revolution, insurrection, civil commotion, sabotage,

large scale arson, floods, earthquake or any other act of god, large scale

epidemics, nuclear accidents, any other catastrophic unforeseeable circumstances,

quarantine restrictions, any statutory, rules, regulations, orders or requisitions

issued by a Government department or competent authority (hereinafter referred

28

to as “event”) then, provided notice of the happening of such an event is given by

either party to the other within 21 days of the occurrence thereof.

a) Neither party by reason of such event be entitled to terminate the contract

or have claim for damages against the other in respect of such non-

performance or delay in performance.

b) The obligations under the contract shall be resumed as soon as practicable

after the event has come to an end or ceased to exist.

c) If the performance in whole or part of any obligation under the contract is

prevented or delayed by reason of the event beyond a period of 180 days,

the contract may be fore closed with mutual consent by giving a notice of

30 days without any repercussions on either side.

d) In case of doubt or dispute, whether a particular occurrence should be

considered an “event” as defined under this clause, the decision of the

Engineer shall be final and binding.

e) Works that have already been measured shall be paid for by the Engineer

even if the same is subsequently destroyed or damaged as a result of the

event. The cost of any work that has been measured shall be borne by the

Employer/Engineer.

f) If the contract is fore-closed under this clause, the Design Consultant shall

be paid fully for the work done under the contract, but not for any

defective work or work done which has been destroyed or damaged before

its measurement.

13.2 If no notice is issued by either party regarding the event within 21 days of

occurrence, the said event shall be deemed not to have occurred and the contract

will continue to have effect as such.

14.0 SETTLEMENT OF DISPUTES

All disputes or differences of any kind whatsoever that may arise between the

Employer/Engineer and the Design Consultant in connection with or arising out

of the contract or subject matter thereof or the execution of works, whether during

the progress of works or after their completion, whether before or after

termination of contract shall be settled as under: -

14.1 Mutual Settlement

All such disputes or differences shall in the first place be referred by the Design

Consultant to the Employer in writing for resolving the same through mutual

discussions, negotiations, deliberation etc. associating representatives from both

the sides and concerted efforts shall be made for reaching amicable settlement of

disputes or differences.

14.2 Conciliation/ Arbitration

29

14.2.1 It is a term of this contract that Conciliation/Arbitration of disputes shall not be

commenced unless an attempt has first been made by the parties to settle such

disputes through mutual settlement.

14.2.2 If the Design Consultant is not satisfied with the settlement by the Employer on

any matter in question, disputes or differences, the Design Consultant may refer to

the Employer in writing to settle such disputes or differences through conciliation

or Arbitration provided that the demand for conciliation or Arbitration shall

specify the matters, which are in question or subject of the claim, item wise. Only

such dispute(s) or difference(s) in respect of which the demand has been made,

together with counter claims of the Employer shall be referred to Conciliator or

Arbitrator as the case may be and other matters shall not be included in the

reference.

14.2.3 The Employer may himself act as Sole Conciliator/Sole Arbitrator or may at his

option appoint another person as Sole Conciliator or Sole Arbitrator, as the case

may be. In case, the employer decides to appoint a Sole Conciliator/Sole

Arbitrator, then a panel of at least three names will be sent to the Consultant. Such

persons may be working/ retired Engineer of PWD (B&R) of the rank of S.E. who

had not been connected with the work. The Design Consultant shall suggest

minimum two names out of this panel for appointment of Sole conciliator/Sole

Arbitrator. The Employer will appoint Sole Conciliator/ Sole Arbitrator out of the

names agreed by the Consultant.

14.2.4 In case, the Design Consultant opts for settlement of disputes through

Conciliation at first stage and if the efforts to resolve all or any of the disputes

thorough Conciliation fails, the Design Consultant may refer to the Employer for

settlement of such disputes or differences through Arbitration. The appointment

of Sole Arbitrator shall be done by the Employer as per the procedure described

above. No disputes or differences shall be referred to Arbitration after expiry of

60 days from the date of notification of failure of Conciliation.

14.2.5 The Conciliation and/or Arbitration proceedings shall be governed by the

provisions of the Indian Arbitration and Conciliation Act 1996 or any statutory

modification or re-enactment thereof and the rules made thereunder and for the

time being in force shall apply to the conciliation and arbitration proceedings

under this clause.

14.2.6 The language of proceedings, documents or communications shall be in English

and the award shall be made in English in writing.

14.2.7 The conciliation/arbitration proceedings shall be held at a place decided by

conciliator/arbitrator.

14.2.8 The fees and other charges of the Conciliator/ Arbitrator shall be as per the scales

fixed by the employer and shall be shared equally between the Employer and the

Consultant.

30

14.3 Settlement through Court

It is a term of this contract that the Design Consultant shall not approach any

court of Law for settlement of such disputes or differences unless an attempt has

first been made by the parties to settle such disputes or differences through

clauses 14.1 and 14.2.

14.4 No suspension of work

The Obligations of the Employer, the Engineer and the Design Consultant shall

not be altered by reasons of conciliation/arbitration being conducted during the

progress of works. Neither party shall be entitled to suspend the work on account

of conciliation/ arbitration and payments to the Design Consultant shall continue

to be made in terms of the contract.

14.5 Award to be binding on all parties

The award of the Sole Arbitrator, unless challenged in court of law, shall be

binding on all parties.

14.6 Exception:

For settlement of disputes with central PSUs, the procedure as per existing orders

of Permanent Machinery for Arbitration (PMA), Bureau of Public Enterprises,

Govt. of India shall be followed.

14.7 JURISDICTION OF COURTS :

Jurisdiction of courts for dispute resolution shall be at the Head Quarter of office

of the Executive Engineer, Provl. Divn. PWD B&R Br., Panipat.

31

SECTION - 4

TECHNICAL PROPOSAL FORMAT

32

DETAILS OF THE DETAILED DESIGN, DRAWING PROVIDED FOR H.L. Bridge BY THE

CONSULTANT IN LAST FIVE YEARS.

S

No

NAME OF

THE

PROJECT

&

LOCATION

TYPE OF

PROJECT

H.L.Bridge

TOTAL LENGTH OF

BRIDGEINCLUDING

APPROACHES .

TOTAL

LENGTH OF

R.C.C.PROTION

OF BRIDGE

TOTAL

LENGTH OF

APPROACHES

WHETHER

THE

CONSULTANCY

WAS

PROVIDED AS

PRIME

CONSULTANT

OR JOINT

VENTURE

TYPE OF

CONSULTANCY

WHETHER

DETAIL

DESIGN AND

DRAWING OR

OTHER TYPES

NAME,

ADDRESS

AND

CONTACT

Nos. OF

CLIENT

APPLICANT'S

SHARE IN

CASE OF JV

%AGE)

DURATION

OF THE

CONSULTING

ASSIGNMENT

REMARKS

1 2 3 4 5 6 7 8 9 10 11 12

A - DETAILED DESIGN AND DRAWINGS

Note:

1. Give details of relevant projects only.

2. Submit performance certificates from Client in respect of the information furnished above.

33

ANNUAL TURNOVERS FOR THE LAST THREE YEARS

S. No. YEAR Turnover from Civil

Engineering works (In lacs of `)

Turnover from all sources (In

lacs of `)

Remarks

1

2

3

Note :

1. Attach certified/attested copies of the latest ITCC and/or Profit and Loss Account statement to support the information

furnished.

34

ANNEXURE-3

DETAILS OF SKILLED AND TRAINED MANPOWER INCLUDING ENGINEERS AND TECHNICAL

STAFF . S. No. Name Qualification Designation Contact No.

E-mail ID. No. of eligible assignments

The details should be provided in the BIODATA FORMAT

35

Annexure-4

DETAILS OF SOFT WARE AND EQUIPMENT (IN WORKING CONDITIONS) OWNED BY THE TENDERER

S. No. Description Make Model & Year

of manufacture Bill No./Date Purchased

from Nos. available Any other

relevant information

Remarks

1 Total Station

2 Software

3 Geotechnical Equipments

Note :-

Copy of the Bills as proof of ownership must be enclosed

36

ANNEXURE5

DETAILS OF TESTING, MEASURING AND INSPECTION EQUIPMENT AND FACILITIES OWNED

S. No. Description Make Model & Year of

manufacture

Capacity (if any)

Condition Nos. available

Any other relevant

information

Remarks

1

2

3

4

5

6

7

37

SECTION - 5

FINANCIAL BID FORMAT

38

SECTION 5

FINANCIAL BID

From

__________________________

__________________________

__________________________

To

Executive Engineer,

Provl. Divn. PWD B&R Panipat.

Sir,

1. I/we have examined the conditions of contract, instructions to tenderers

and other contents of the documents and have acquainted ourselves with the prevailing

site conditions. The offer to carry out the work of Survey, Geotechnical Investigation,

Preparation of GADs, Bill of Quantities, Detailed Designing, Working Drawings,

Detailed Estimate including required modifications, site visits during construction of 2

lane ROB as given in Notice Inviting Tender at a lump sum price of

Rs.____________________ (in figures and words) including all taxes and service tax.

2. We further agree to the schedule of payment in respect of the contract

price accepted by you as given in the payment schedule under sub clause 7.2 of the

conditions of contract.

3. We agree to abide by this tender until the date mentioned in the contract

documents and it shall remain binding upon us and may be accepted at any time before

that date. We have already submitted earnest money with the tender and we bind

ourselves that it is to be absolutely forfeited by you, without prejudice to any other rights

or remedies in the Conditions of Contract attached should we fail to commence the work

specified, withdraw the offer until the validity of the Tender, fail to furnish performance

guarantee or sign the contract in accordance with the terms of the tender.

4. We understand that until a formal agreement is prepared and executed, the

letter of acceptance issued by you shall constitute a binding contract between us.

39

5. We understand that cost of preparation of this tender and other

investigation carried out and of maintaining the Earnest Money with you is to our

account. We also understand that you are not bound to accept the lowest or any bid you

may receive.

Yours faithfully,

(Signature of the bidder with seal)

40

SECTION - 6

FORM OF SECURITIES AND AGREEMENT

41

ANNEXURE- I

PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)

To

Executive Engineer,

Provl. Divn. PWD B&R Panipat.

(Acting through

________________________________________________________________________

_______________________________________ (Name & address)

WHEREAS______________(name and address of consultant) Wherein after called “ the

Consultant”) has undertaken in pursuance of contract No.________________

dated______ to execute ________________________________ (name of contract and

brief description of works) ( hereinafter called “ the contract”)

AND WHEREAS it has been stipulated by you in the said contract that the Design

Consultant shall furnish you with a Bank Guarantee by a scheduled bank for the sum

specified therein as security for compliance with his obligation in accordance with the

Contract.

AND WHEREAS we have agreed to give the Design Consultant such a Bank Guarantee.

NOW THEREFORE we hereby affirm that we are to Guarantor and responsible to you,

on behalf of the Consultant, upto a total of __________________ (amount of Guarantee),

________________________ (amount in words) such sum being payable in the types

and proportions of currencies in which the contract price is payable, and we undertake to

pay you, upon your first written demand and without cavil or argument, and sum or sums

within the limits of _______________ (amount of Guarantee) as aforesaid without your

needing to prove or to show grounds or reasons for your demand for the sum specified

therein.

We hereby waive the necessity of your demanding the said debt from the Design

Consultant before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the

Contract or of the works to be performed there under or of any of the contract documents

which may be made between you and the Design Consultant shall in any way release us

from any liability under this guarantee, and we hereby waive notice of any such change,

addition or modification.

42

This guarantee shall be valid upto ______________ ( a date 28 days from the date of

completion of the work)

SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank _______________________

Address: _______________________

Date _______________________

43

ANNEXURE- II

FORM OF AGREEMENT.

(To be executed on requisite value of stamp papers)

AGREEMNENT.

THIS AGREEMENT MADE ON __________ day of ______ (month/year) between

Executive Engineer, PWD B&R Panipat , acting through (Project Head and Name /

address of the Project) (hereinafter called “ the employer/ Engineer”) of the one part and

_____________________(Name and address of the consultant) hereinafter called “ the

Consultant”) of the other part.

WHEREAS the employer is desirous that certain works should be executed by the Design

Consultant Viz contract No.________________ (hereinafter called “the works” and has

accepted a Bid by the Design Consultant for the execution and completion of such works

and the remedying of any defects therein.

NOW THIS AGREEMENT WITHNESSETH 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 shall be deemed to form and be read and construed

as part of this agreement.

a) Letter of Acceptance of Tender

b) Notice Inviting Tender

c) Instructions to the Tenderers.

d) Conditions of the contract

e) Bill of quantities.

3. In consideration of the payments to be made by the employer to the Design

Consultant as hereinafter mentioned, the Design Consultant hereby covenants

with the employer to execute and complete the works and remedy any defects

therein in conformity in all respects with the provisions of the contract.

4. The employer hereby covenants to pay the Design Consultant in consideration

of the execution and completion of the works and the remedying of defects

therein the Contract Price or such other sum as may become payable under the

provisions of the Contract at the times and in the manner prescribed by the

Contract.

44

IN WITHNESS whereof the parties hereto have caused this Agreement executed the day

and year first before written.

(Name Designation and address of the

authorised signatory)

(Name Designation and address of the

authorised signatory)

Signed for and on behalf of the Design

Consultant in the presence of

Signed for and on behalf of the employer in

the presence of

Witness. Witness.

1 1

2. 2.

Name and address of the witnesses to be indicated.

45

ANNEXURE-III

BANK GUARANTEE FOR ADVANCE PAYMENT

To

Executive Engineer,

Provl. Divn. PWD B&R Panipat.

(Acting through_________________ (Name of Project In charge & address)

In accordance with the provisions of the conditions of contract, Sub-Clause________

(“Advance Payment”) of the above mentioned contract, ________________ (name and

address of the Consultant) (hereinafter called “the consultant”) shall deposit with

________________________ (name of employer) a bank guarantee to guarantee his

proper and faithful performance under the said clause of the Contract in an amount of

________ (amount of Guarantee) __________________ (amount in works)

We, the _____________________ (Name of bank), as instructed by the Consultant, agree

unconditionally and irrevocably to guarantee an primary obligator and not as Surety

merely, the payment to Executive Engineer, PWD B&R Panipat on their first demand

without whatsoever right of objection on our part and without his first claim to the

Consultant, in the amount not exceeding____________ (amount of

Guarantee)____________ (amount in works).

We further agree that no change or addition to or other modification of the terms of the

Contract or of works to be performed there under or of any of the Contract documents

which may be made between Executive Engineer, PWD B&R Panipat and the

Consultant, shall in any way release us from any liability under this guarantee, and we

hereby waive notice of any such change, addition, or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment

under the Contract upto __________ (until Executive Engineer, PWD B&R Panipat

receives / recovers full repayment of advance alongwith interest accrued thereon from the

Consultant).

Yours truly,

SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank_______________________

Address: _______________________

Date _______________________