- Irrigation Department,Uttar Pradesh

Transcription

i
BIDDING DOCUMENTS
for
Procurement of Works
Cement Concrete Lining using Paver Machine in
Parallel Lower Ganga Canal (PLGC).
_______________________________
ICB No:
01-10/ICB/SE/IWCA/2015-16
Project:
U.P. Water Sector Restructuring Project-II
Employer:
Telephone:
Facsimile:
Chief Engineer (Ramganga),
Irrigation& Water Resources Department, UP,
98-Canal Colony, Phoolbagh,
Kanpur-208001
+91-512-2310425
+91-512-2366720
Country:
E-mail:
India
ceramgangaidupkn-up@nic.in
Engineer:
Telephone:
Facsimile:
Superintending Engineer
Irrigation Works Circle,
25-Lal Diggi, Near University Circle,
Aligarh-202001
+91-571-2700392
+91-571-2700392
Country:
E-mail:
India
seiwca@gmail.com
Issued on:19thMarch ,2015
Table of Contents
PART 1 – Bidding Procedures.................................................................................................... 3
Section I. Instructions to Bidders .....................................................................................4
Section II. Bid Data Sheet ......................................................................................... 2828
Section III. Evaluation and Qualification Criteria(Without Prequalification)...... 3939
Section IV. Bidding Forms .............................................................................................53
Section V. Eligible Countries ................................................................................ 121121
Section VI. Bank Policy - Corrupt and Fraudulent Practices ............................... 123123
PART 2 –Works Requirements ....................................................................................... 127127
Section VII. Works Requirements ........................................................................ 129129
PART 3 – Conditions of Contract and Contract Forms.....................................................206
Section VIII. General Conditions (GC) ........................................................................207
Section IX. Particular Conditions (PC)................................................................. 323325
Section X. Contract Forms .................................................................................... 347349
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PART 1 – BIDDING PROCEDURES
4
SectionI. Instructions to Bidders
Section I. Instructions to Bidders
Table of Clauses
A. General ...................................................................................................................................... 6
Scope of Bid .......................................................................................................................6
Source of Funds..................................................................................................................6
Corrupt and FraudulentPractices .......................................................................................6
Eligible Bidders ..................................................................................................................7
Eligible Materials, Equipment, and Services .................................................................. 9
B. Contents of Bidding Documents .........................................................................................10
Sections of Bidding Documents .....................................................................................10
Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting ...............................10
Amendment of Bidding Documents ...............................................................................11
C. Preparation of Bids ..............................................................................................................12
Cost of Bidding ................................................................................................................12
Language of Bid ...............................................................................................................12
Documents Comprising the Bid ......................................................................................12
Letter of Bid and Schedules.............................................................................................13
Alternative Bids................................................................................................................13
Bid Prices and Discounts .................................................................................................13
Currencies of Bid and Payment.......................................................................................14
Documents Comprising the Technical Proposal ............................................................15
Documents Establishing the Qualifications of the Bidder.............................................15
Period of Validity of Bids ................................................................................................16
Bid Security ......................................................................................................................16
Format and Signing of Bid ..............................................................................................18
D. Submission and Opening of Bids........................................................................................18
Sealing and Marking of Bids ...........................................................................................18
Deadline for Submission of Bids ....................................................................................19
Late Bids ...........................................................................................................................19
Withdrawal, Substitution, and Modification of Bids .....................................................19
Bid Opening......................................................................................................................20
E. Evaluation and Comparison of Bids ..................................................................................21
Confidentiality ..................................................................................................................21
Clarification of Bids .........................................................................................................21
Deviations, Reservations, and Omissions.......................................................................22
Determination of Responsiveness ...................................................................................22
Nonmaterial Nonconformities .........................................................................................22
Correction of Arithmetical Errors ...................................................................................23
Conversion to Single Currency .......................................................................................23
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Margin of Preference ....................................................................................................... 23
Subcontractors .................................................................................................................. 24
Evaluation of Bids............................................................................................................ 24
Comparison of Bids ......................................................................................................... 25
Qualification of the Bidder .............................................................................................. 25
Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ......................... 26
F. Award of Contract ................................................................................................................ 26
Award Criteria.................................................................................................................. 26
Notification of Award ...................................................................................................... 26
Signing of Contract .......................................................................................................... 27
Performance Security....................................................................................................... 27
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Section I. Instructions to Bidders
A. General
Scope of Bid
1.1 In connection with the Invitation for Bids specified in the
Bid Data Sheet (BDS), the Employer, as specified in the BDS,
issues these Bidding Documents for the procurement of Works as
specified in Section VII, Works Requirements. The name,
identification, and number of lots (contracts) of thisInternational
Competitive Bidding (ICB) process are specifiedin the BDS.
1.2 Throughout these Bidding Documents:
the term “in writing” means communicated in written form and
delivered against receipt;
except where the context requires otherwise, words indicating the
singular also include the plural and words indicating the plural
also include the singular; and
“day” means calendar day.
Source of Funds
2.1 The Borrower or Recipient (hereinafter called “Borrower”)
specified in the BDS has received or has applied for financing
(hereinafter called “funds”) from the International Bank for
Reconstruction and Development or the International
Development Association (hereinafter called “the Bank”) in an
amount specified in the BDS,toward the project named in the
BDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract(s) for which these Bidding
Documents are issued.
2.2 Payment by the Bank will be made only at the request of the
Borrower and upon approval by the Bank, and will be subject, in
all respects, to the terms and conditions of the Loan (or other
financing) Agreement. The Loan (or other financing) Agreement
prohibits a withdrawal from the Loan (or other financing) account
for the purpose of any payment to persons or entities, or for any
import of goods, if such payment or import, to the knowledge of
the Bank, is prohibited by a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the
United Nations. No party other than the Borrower shall derive any
rights from the Loan (or other financing) Agreement or have any
claim to the proceeds of the Loan (or other financing).
Corrupt and
FraudulentPractices
3.1 The Bank requires compliance with its policy in regard to
corrupt and fraudulent practices as set forth in Section VI.
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3.2 In further pursuance of this policy, Bidders shall permit and
shall cause its agents (whether declared or not), sub-contractors,
sub-consultants, service providers, or suppliers and any personnel
thereof,to permit the Bank to inspect all accounts, records and
other documents relating to any prequalification process, bid
submission, and contract performance (in the case of award), and
to have them audited by auditors appointed by the Bank.
Eligible Bidders
4.1 A Bidder may be a firm that is a private entity, a
government-owned entity—subject to ITB 4.5—or any
combination of such entities in the form of a joint venture (JV)
under an existing agreement or with the intent to enter into such an
agreement supported by a letter of intent. In the case of a joint
venture, all members shall be jointly and severally liable for the
execution of the Contract in accordance with the Contract terms.
The JV shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and all
the members of the JV during the bidding process and, in the event
the JV is awarded the Contract, during contract execution.Unless
specifiedin the BDS, there is no limit on the number of members
in a JV.
4.2 A Bidder shall not have a conflict of interest. Any Bidder
found to have a conflict of interest shall be disqualified. A Bidder
may be considered to have a conflict of interest for the purpose of
this bidding process, if the Bidder:
directly or indirectly controls, is controlled by or is under common
control with another Bidder; or
receives or has received any direct or indirect subsidy from
another Bidder; or
has the same legal representative as another Bidder; or
has a relationship with another Bidder, directly or through
common third parties, that puts it in a position to influence the bid
of another Bidder, or influence the decisions of the
Employerregarding this bidding process; or
participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which such Bidder is involved.
However, this does not limit the inclusion of the same
subcontractor in more than one bid; or
any of its affiliates participated as a consultant in the preparation
of the design or technical specifications of the works that are the
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subject of the bid; or
any of its affiliates has been hired (or is proposed to be hired) by
the Employer or Borrower as Engineer for the Contract
implementation; or
would be providing goods, works, or non-consulting services
resulting from or directly related to consulting services for the
preparation or implementation of the project specified in the BDS
ITB 2.1 that it provided or were provided by any affiliate that
directly or indirectly controls, is controlled by, or is under
common control with that firm; or
has a close business or family relationship with a professional staff
of the Borrower (or of the project implementing agency, or of a
recipient of a part of the loan) who: (i) are directly or indirectly
involved in the preparation of the bidding documents or
specifications of the contract, and/or the bid evaluation process of
such contract; or (ii) would be involved in the implementation or
supervision of such contract unlessthe conflict stemming from
such relationship has been resolved in a manneracceptable to the
Bank throughout the procurement process and execution of the
contract.
4.3 ABidder may have the nationality of any country, subject to
the restrictions pursuant to ITB 4.7. ABidder shall be deemed to
have the nationality of a country if the Bidder is constituted,
incorporated or registered in and operates in conformity with the
provisions of the laws of that country, as evidenced by its articles
of incorporation (or equivalent documents of constitution or
association) and its registration documents, as the case may be.
This criterion also shall apply to the determination of the
nationality of proposed sub-contractors or sub-consultants for any
part of the Contract including related Services.
4.4 ABidder that has been sanctioned by the Bank in accordance
with the above ITB 3.1, including in accordance with the Bank’s
Guidelines on Preventing and Combating Corruption in Projects
Financed by IBRD Loans and IDA Credits and Grants (“AntiCorruption Guidelines”), shall be ineligible to be prequalified for,
bid for, or be awarded a Bank-financed contract or benefit from a
Bank-financed contract, financially or otherwise, during such
period of time as the Bank shall have determined. The list of
debarred firms and individuals is available asspecified in the
BDS.
4.5 Bidders that are Government-owned enterprises or institutions
in the Employer’s Country may participate only if they can establish
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that they (i) are legally and financially autonomous (ii) operate under
commercial law, and (iii) are not dependent agencies of the Employer.
To be eligible, a government-owned enterprise or institution shall
establish to the Bank’s satisfaction, through all relevant documents,
including its Charter and other information the Bank may request, that
it: (i) is a legal entity separate from the government (ii) does not
currently receive substantial subsidies or budget support; (iii) operates
like any commercial enterprise, and, inter alia, is not obliged to pass
on its surplus to the government, can acquire rights and liabilities,
borrow funds and be liable for repayment of its debts, and can be
declared bankrupt; and (iv) is not bidding for a contract to be awarded
by the department or agency of the government which under their
applicable laws or regulations is the reporting or supervisory authority
of the enterprise or has the ability to exercise influence or control over
the enterprise or institution.
4.6 A bidder shall not be under suspension from bidding by the
Employer as the result of the operation of a Bid–Securing
Declaration.
4.7 Firms and individuals may be ineligible if so indicated in
Section V and (a) as a matter of law or official regulations, the
Borrower’s country prohibits commercial relations with that
country, provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of goods or
the contracting of works or services required; or (b) by an act of
compliance with a decision of the United Nations Security Council
taken under Chapter VII of the Charter of the United Nations, the
Borrower’s country prohibits any import of goods or contracting
of works or services from that country, or any payments to any
country, person, or entity in that country.
4.8 This bidding is open only to prequalified Bidders unless
specified in the BDS.
4.9 A Bidder shall provide such evidence of eligibility
satisfactory to the Employer, as the Employer shall reasonably
request.
Eligible Materials,
Equipment, and
Services
5.1 The materials, equipment and services to be supplied under
the Contract and financed by the Bank may have their origin in
any country subject to the restrictions specified in Section V,
Eligible Countries, and all expenditures under the Contract will
not contravene such restrictions. At the Employer’s request,
Bidders may be required to provide evidence of the origin of
materials, equipment and services.
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B. Contents of Bidding Documents
Sections of Bidding
Documents
6.1 The Bidding Documents consist of Parts 1, 2, and 3, which
include all the Sections specified below, and which should be read in
conjunction with any Addenda issued in accordance with ITB 8.
PART 1 Bidding Procedures
SectionI. Instructions to Bidders (ITB)
Section II. Bid Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Section V. Eligible Countries
Section VI. Bank Policy-Corrupt and Fraudulent Practices
PART 2 Works Requirements
Section VII. Works Requirements
PART 3 Conditions of Contract and Contract Forms
Section VIII. General Conditions (GC)
Section IX. Particular Conditions (PC)
Section X. Contract Forms
6.2 The Invitation for Bids issued by the Employer is not part of
the Bidding Documents.
6.3 Unless obtained directly from the Employer, the Employer is
not responsible for the completeness of the Bidding Documents,
responses to requests for clarification, the minutes of the pre-Bid
meeting (if any), or Addenda to the Bidding Documents in
accordance with ITB 8. In case of any contradiction, documents
obtaineddirectly from the Employer shall prevail.
6.4 The Bidder is expected to examine all instructions, forms,
terms, and specifications in the Bidding Documentsand to furnish
with its bid all information and documentation as is required bythe
Bidding Documents.
Clarification of
Bidding Documents,
Site Visit, Pre-Bid
Meeting
7.1 A Bidder requiring any clarification of the Bidding
Documents shall contact the Employer in writing at the
Employer’s address specified in the BDS or raise its enquiries
during the pre-bid meeting if provided for in accordance with ITB
7.4. The Employer will respond in writing to any request for
clarification, provided that such request is received no later than
fourteen (14) days prior to the deadline for submission of bids.
The Employer shall forward copies of its response to all Bidders
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who have acquired the Bidding Documents in accordance with
ITB 6.3, including a description of the inquiry but without
identifying its source. If so specified in the BDS, the Employer
shall also promptly publish its response at the web page identified
in the BDS.Should the clarification result in changes to the
essential elements of the Bidding Documents, the Employer shall
amend the Bidding Documents following the procedure under ITB
8 and ITB 22.2.
7.2 The Bidder is advised to visit and examine the Site of Works
and its surroundings and obtain for itself on its own responsibility
all information that may be necessary for preparing the bid and
entering into a contract for construction of the Works. The costs
of visiting the Site shall be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be
granted permission by the Employer to enter upon its premises and
lands for the purpose of such visit, but only upon the express
condition that the Bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of the
inspection.
7.4 If so specified in the BDS, the Bidder’s designated
representative is invited to attend a pre-bid meeting. The purpose
of the meeting will be to clarify issues and to answer questions on
any matter that may be raised at that stage.
7.5 The Bidder is requestedto submit any questions in writing, to
reach the Employer not later than one week before the meeting.
7.6 Minutes of the pre-bid meeting, if applicable, including the
text of the questions asked by Bidders, without identifying the
source, and the responses given, together with any responses
prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the Bidding Documents in accordance
with ITB 6.3. Any modification to the Bidding Documents that
may become necessary as a result of the pre-bid meeting shall be
made by the Employer exclusively through the issue of an
Addendum pursuant to ITB 8 and not through the minutes of the
pre-bid meeting.Nonattendance at the pre-bid meeting will not be
a cause for disqualification of a Bidder.
Amendment of
Bidding Documents
8.1 At any time prior to the deadline for submission of bids, the
Employer may amend the Bidding Documents by issuing addenda.
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8.2 Any addendum issued shall be part of the Bidding
Documents and shall be communicated in writing to all who have
obtained the Bidding Documents from the Employerin accordance
with ITB 6.3.The Employer shall also promptly publish the
addendum on the Employer’s web page in accordance with ITB
7.1.
8.3 To give Bidders reasonable time in which to take an
addendum into account in preparing their bids, the Employer
should extend the deadline for the submission of bids, pursuant to
ITB 22.2
C. Preparation of Bids
Cost of Bidding
9.1 The Bidder shall bear all costs associated with the
preparation and submission of its Bid, and the Employer shall not
be responsible or liable for those costs, regardless of the conduct
or outcome of the bidding process.
Language of Bid
10.1 The Bid, as well as all correspondence and documents
relating to the bid exchanged by the Bidder and the Employer,
shall be written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be in
another language provided they are accompanied by an accurate
translation of the relevant passages in the language specified in
the BDS, in which case, for purposes of interpretation of the Bid,
such translation shall govern.
Documents
Comprising the Bid
11.1 The Bid shall comprise the following:
Letter of Bid and Appendix to Bid, in accordance with ITB 12;
completed schedules as required, including priced Bill of
Quantities, in accordance with ITB 12 and 14;
Bid Security or Bid-Securing Declaration, in accordance with ITB
19.1;
alternative bids, if permissible, in accordance with ITB 13;
written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 20.2;
documentary evidence in accordance with ITB 17 establishing the
Bidder’s continued qualified status or, if post-qualification applies,
as specified in accordance with ITB 4.8, the Bidder’squalifications
to perform the contract if its Bid is accepted;
13
Technical Proposal in accordance with ITB 16; and
any other document required in the BDS.
11.2 In addition to the requirements under ITB 11.1, bids
submitted by a JV shall include a copy of the Joint Venture
Agreement entered into by all members. Alternatively, a letter of
intent to execute a Joint Venture Agreement in the event of a
successful bid shall be signed by all members and submitted with
the bid, together with a copy of the proposed Agreement.
11.3 The Bidder shall furnish in the Letter of Bid information on
commissions and gratuities, if any, paid or to be paid to agents or
any other party relating to this Bid.
Letter of Bid and
Schedules
12.1 The Letter of Bid and Schedules, including the Bill of
Quantities, shall be prepared using the relevant forms furnished in
Section IV, Bidding Forms. The forms must be completed without
any alterations to the text, and no substitutes shall be accepted
except as provided under ITB 20.2. All blank spaces shall be
filled in with the information requested.
Alternative Bids
13.1 Unless otherwise specified in the BDS, alternative bids
shall not be considered.
13.2 When alternative times for completion are explicitly invited,
a statement to that effect will be included in the BDS, as will the
method of evaluating different times for completion.
13.3 Except as provided under ITB 13.4 below, Bidders wishing
to offer technical alternatives to the requirements of the Bidding
Documents must first price the Employer’s design as described in
the Bidding Documents and shall further provide all information
necessary for a complete evaluation of the alternative by the
Employer, including drawings, design calculations, technical
specifications, breakdown of prices, and proposed construction
methodology and other relevant details. Only the technical
alternatives, if any, of the lowest evaluated Bidder conforming to
the basic technical requirements shall be considered by the
Employer.
13.4 When specified in the BDS, Bidders are permitted to
submit alternative technical solutions for specified parts of the
Works, and such parts will beidentified in the BDS, as will the
method for their evaluating, and described in Section VII, Works
Requirements.
Bid Prices and
Discounts
14.1 The prices and discounts(including any price reduction)
quoted by the Bidder in the Letter of Bid and in the Bill of
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Quantities shall conform to the requirements specified below.
14.2 The Bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quatities. Items against which no
rate or price is entered by the Bidder shall be deemed covered by
the rates for other items in the Bill of Quantities and will not be
paid for separately by the Employer.An item not listed in the
priced Bill of Quantities shall be assumed to be not included in the
Bid, and provided that the Bid is determined substantially
responsive notwithstanding this omission, the average price of the
item quoted by substantially responsive bidders will be added to
the bid price and the equivalent total cost of the bid so determined
will be used for price comparison.
14.3 The price to be quoted in the Letter of Bid, in accordance
with ITB 12.1, shall be the total price of the Bid, excluding any
discounts offered.
14.4 The Bidder shall quote any discounts and the methodology
for their application in the Letter of Bid, in accordance with ITB
12.1.
14.5 Unless otherwise specifiedin the BDS and the Contract, the
rates and prices quoted by the Bidder are subject to adjustment
during the performance of the Contract in accordance with the
provisions of the Conditions of Contract. In such a case, the
Bidder shall furnish the indices and weightings for the price
adjustment formulae in the Schedule of Adjustment Data and the
Employer may require the Bidder to justify its proposed indices
and weightings.
14.6 If so specified in ITB 1.1, bids are being invited for
individual lots (contracts)or for any combination of lots
(packages). Bidders wishing to offer discounts for the award of
more than one Contract shall specify in their bid the price
reductions applicable to each package, or alternatively, to
individual Contracts within the package. Discounts shall be
submitted in accordance with ITB 14.4, provided the bids for all
lots (contracts) are opened at the same time.
14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28 days
prior to the deadline for submission of bids, shall be included in
the rates and prices and the total Bid Price submitted by the
Bidder.
Currencies of Bid and
15.1 The currency(ies) of the bid and the currency(ies) of
Payment
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payments shall be as specified in the BDS.
15.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included in the
unit rates and prices and shown in the Schedule of Adjustment
Data in the Appendix to Bid are reasonable, in which case a
detailed breakdown of the foreign currency requirements shall be
provided by Bidders.
Documents
Comprising the
Technical Proposal
16.1 The Bidder shall furnish a Technical Proposal including a
statement of work methods, equipment, personnel, schedule and
any other information as stipulated in Section IV – Bidding Forms,
in sufficient detail to demonstrate the adequacy of the Bidder’s
proposal to meet the work requirements and the completion time.
Documents
Establishing the
Qualifications of the
Bidder
17.1 In accordance with Section III, Evaluation and Qualification
Criteria, to establish that the Bidder continues to meet the criteria
used at the time of prequalification, the Bidder shall provide in the
corresponding information sheets included in Section IV, Bidding
Forms, updated information on any assessed aspect that changed
from that time, or if post-qualification applies as specified in ITB
4.8, the Bidder shall provide the information requested in the
corresponding information sheets included in Section IV, Bidding
Forms.
17.2 If a margin of preference applies as specified in accordance
with ITB 33.1, domestic Bidders, individually or in joint ventures,
applying for eligibility for domestic preference shall supply all
information required to satisfy the criteria for eligibility specified
in accordance withITB 33.1.
17.3 Any change in the structure or formation of a Bidder after
being prequalified and invited to Bid (including, in the case of a JV,
any change in the structure or formation of any member thereto)
shall be subject to the written approval of the Employer prior to the
deadline for submission of Bids. Such approval shall be denied if (i)
a Bidder proposes to associate with a disqualified Bidder or in case
of a disqualified joint venture, any of its members; (ii) as a
consequence of the change, the Bidder no longer substantially meets
the qualification criteria set forth in Section III, Qualification
Criteria and Requirements; or (iii) in the opinion of the Employer,
the change may result in a substantial reduction in competition. Any
such change should be submitted to the Employer not later than
fourteen (14) days after the date of the Invitation for Bids.
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Period of Validity of
Bids
18.1 Bids shall remain valid for the period specified in the BDS
after the bid submission deadline date prescribed by the Employer
in accordance with ITB 22.1. A bid valid for a shorter period shall
be rejected by the Employer as non responsive.
18.2 In exceptional circumstances, prior to the expiration of the
bid validity period, the Employer may request Bidders to extend
the period of validity of their bids. The request and the responses
shall be made in writing. If a bid security is requested in
accordance with ITB 19, it shall also be extended for twenty-eight
(28)daysbeyond the deadline of the extended validity period. A
Bidder may refuse the request without forfeiting its bid security. A
Bidder granting the request shall not be required or permitted to
modify its bid, except as provided in ITB 18.3.
18.3 If the award is delayed by a period exceeding fifty-six (56)
days beyond the expiry of the initial bid validity, the Contract
price shall be determined as follows:
In the case of fixed price contracts, the Contract price shall be the
bid price adjusted by thefactor specified in theBDS.
In the case of adjustable price contracts, no adjustment shall be
made.
In any case, bid evaluation shall be based on the bid price without
taking into consideration the applicable correction from those
indicated above.
Bid Security
19.1 The Bidder shall furnish as part of its bid, either a BidSecuring Declaration or a bid security as specified in the BDS, in
original form and, in the case of a bid security, in the amount and
currency specified in the BDS.
19.2 A Bid-Securing Declaration shall use the form included in
Section IV, Bidding Forms.
19.3 If a bid security is specified pursuant to ITB 19.1, the bid
security shall be a demand guarantee in any of the following forms
at the Bidder’s option:
(a)
an unconditional guarantee issued by a bank or financial
institution (such as an insurance, bonding or surety company);
(b)
an irrevocable letter of credit;
(c)
a cashier’s or certified check; or
(d)
another security specified in the BDS,
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from a reputable source from an eligible country. If the
unconditional guarantee is issued by a financial institution located
outside the Employer’s Country, the issuing financial institution
shall have a correspondent financial institution located in the
Employer’s Country to make it enforceable. In the case of a bank
guarantee, the bid security shall be submitted either using the Bid
Security Form included in Section IV, Bidding Forms, or in
another substantially similar format approved by the Employer
prior to bid submission. The bid security shall be valid for twentyeight (28) days beyond the original validity period of the bid, or
beyond any period of extension if requested under ITB 18.2.
19.4 If a bid security or Bid Securing Delclaration is specified
pursuant to ITB 19.1, any bid not accompanied by a substantially
responsive bid security or Bid-Securing Declaration shall be
rejected by the Employer as non responsive.
19.5 If a bid security is specified pursuant to ITB 19.1, the bid
security of unsuccessful Bidders shall be returned as promptly as
possible upon the successful Bidder’ssigning the Contract and
furnishing the performance security pursuant to ITB 42.
19.6 The bid security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed the
Contract and furnished the required performance security.
19.7 The bid security may be forfeited or the Bid-Securing
Declaration executed:
if a Bidder withdraws its bid during the period of bid validity
specified by the Bidder on the Letter of Bid, or any extension
thereto provided by the Bidder; or
if the successful Bidder fails to:
(i)sign the Contract in accordance with ITB 41; or
(ii)furnish a performance security in accordance with ITB 42.
19.8 The bid security or the Bid-Securing Declaration of a JV shall
be in the name of the JV that submits the bid. If the JV has not been
legally constituted into a legally enforceable JV at the time of
bidding, the bid security or the Bid-Securing Declaration shall be in
the names of all future members as named in the letter of intent
referred to in ITB 4.1 and ITB 11.2.
19.9 If a bid security is not required in the BDS pursuant to ITB
19.1, and
18
if a Bidder withdraws its bid during the period of bid validity
specified by the Bidder on the Letter of Bid, or
if the successful Bidder fails to signthe Contract in accordance
with ITB 41; or furnish a performance security in accordance with
ITB 42;
the Borrower may, if provided for in the BDS, declare the Bidder
ineligible to be awarded a contract by the Employer for a period of
time as stated in the BDS.
Format and Signing of
Bid
20.1 The Bidder shall prepare one original of the documents
comprising the bid as described in ITB 11 and clearly mark it
“ORIGINAL.” Alternative bids, if permitted in accordance with ITB
13, shall be clearly marked “ALTERNATIVE.” In addition, the
Bidder shall submit copies of the bid, in the number specified in
the BDS and clearly mark them “COPY.” In the event of any
discrepancy between the original and the copies, the original shall
prevail.
20.2 The original and all copies of the bid shall be typed or written
in indelible ink and shall be signed by a person duly authorized to
sign on behalf of the Bidder. This authorization shall consist of a
written confirmation as specified in the BDS and shall be attached to
the bid. The name and position held by each person signing the
authorization must be typed or printed below the signature. All pages
of the bid where entries or amendments have been made shall be
signed or initialed by the person signing the bid.
20.3 In case the Bidder is a JV, the Bid shall be signed by an
authorized representative of the JV on behalf of the JV, and so as
to be legally binding on all the members as evidenced by a power
of attorney signed by their legally authorized representatives.
20.4 Any inter-lineation, erasures, or overwriting shall be valid only
if they are signed or initialed by the person signing the bid.
D. Submission and Opening of Bids
Sealing and Marking
of Bids
21.1 The Bidder shall enclose the original and all copies of the
bid, including alternative bids, if permitted in accordance with ITB
13, in separate sealed envelopes, duly marking the envelopes as
“ORIGINAL”, “ALTERNATIVE” and “COPY.” These envelopes
containing the original and the copies shall then be enclosed in one
single envelope.
21.2 The inner and outer envelopes shall:
19
bear the name and address of the Bidder;
be addressed to the Employer in accordance with ITB 22.1;
bear the specific identification of this bidding process specified in
the BDS 1.1; and
beara warning not to open before the time and date for bid
opening.
21.3 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement or
premature opening of the bid.
Deadline for
Submission of Bids
22.1 Bids must be received by the Employer at the address and no
later than the date and time specified in the BDS. When so
specified in the BDS, bidders shall have the option of submitting
their bids electronically. Bidders submitting bids electronically
shall follow the electronic bid submission procedures specified in
the BDS.
22.2 The Employer may, at its discretion, extend the deadline for
the submission of bids by amending the Bidding Documents in
accordance with ITB 8, in which case all rights and obligations of
the Employer and Bidders previously subject to the deadline shall
thereafter be subject to the deadline as extended.
Late Bids
23.1 The Employer shall not consider any bid that arrives after
the deadline for submission of bids, in accordance with ITB 22.
Any bid received by the Employer after the deadline for
submission of bids shall be declared late, rejected, and returned
unopened to the Bidder.
Withdrawal,
Substitution, and
Modification of Bids
24.1 A Bidder may withdraw, substitute, or modify its bid after it
has been submitted by sending a written notice, duly signed by an
authorized representative, and shall include a copy of the
authorization in accordance with ITB 20.2, (except that withdrawal
notices do not require copies). The corresponding substitution or
modification of the bid must accompany the respective written notice.
All notices must be:
prepared and submitted in accordance with ITB 20 and ITB 21
(except that withdrawals notices do not require copies), and in
addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and
received by the Employer prior to the deadline prescribed for
submission of bids, in accordance with ITB 22.
20
24.2 Bids requested to be withdrawn in accordance with ITB 24.1
shall be returned unopened to the Bidders.
24.3 No bid may be withdrawn, substituted, or modified in the
interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Bidder on
the Letter of Bid or any extension thereof.
Bid Opening
25.1 Except in the cases specified in ITB 23 and 24, the
Employer shall publicly open and read out in accordance with ITB
25.3 all bids received by the deadline, at the date, time and place
specified in the BDS, in the presence of Bidders` designated
representatives and anyone who choose to attend. Any specific
electronic bid opening procedures required if electronic bidding is
permitted in accordance with ITB 22.1, shall be asspecified in the
BDS.
25.2 First, envelopes marked “WITHDRAWAL” shall be opened
and read out and the envelope with the corresponding bid shall not
be opened, but returned to the Bidder. No bid withdrawal shall be
permitted unless the corresponding withdrawal notice contains a
valid authorization to request the withdrawal and is read out at bid
opening. Next, envelopes marked “SUBSTITUTION” shall be
opened and read out and exchanged with the corresponding bid
being substituted, and the substituted bid shall not be opened, but
returned to the Bidder. No bid substitution shall be permitted
unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at bid
opening. Envelopes marked “MODIFICATION” shall be opened and
read out with the corresponding bid. No bid modification shall be
permitted unless the corresponding modification notice contains a
valid authorization to request the modification and is read out at
bid opening. Only bids that are opened and read out at bid opening
shall be considered further.
25.3 All other envelopes shall be opened one at a time, reading
out: the name of the Bidder and whether there is a modification;
the total Bid Price, per lot (contract) if applicable, including any
discounts and alternative bids; the presence or absence of a bid
security, if required; and any other details as the Employer may
consider appropriate. Only discounts and alternative bids read out
at bid opening shall be considered for evaluation. The Letter of
Bid andtheBill of Quantitiesare to be initialed by representatives
of the Employer attending bid opening in the manner specified in
the BDS.The Employer shall neither discuss the merits of any bid
nor reject any bid (except for late bids, in accordance with ITB
23.1).
21
25.4 The Employer shall prepare a record of the bid opening that
shall include, as a minimum: the name of the Bidder and whether
there is a withdrawal, substitution, or modification; the Bid Price,
per lot (contract) if applicable, including any discounts and
alternative bids; and the presence or absence of a bid security, if
one was required. The Bidders’ representatives who are present
shall be requested to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the contents and effect
of the record. A copy of the record shall be distributed to all
Bidders.
E. Evaluation and Comparison of Bids
Confidentiality
26.1 Information relating to the evaluation of bids and
recommendation of contract award shall not be disclosed to
Bidders or any other persons not officially concerned with the
bidding process until information on Contract award is
communicated to all Bidders in accordance with ITB 40.
26.2 Any attempt by a Bidder to influence the Employer in the
evaluation of the bids or Contract award decisions may result in
the rejection of its bid.
26.3 Notwithstanding ITB 26.2, from the time of bid opening to
the time of Contract award, if a Bidder wishes to contact the
Employer on any matter related to the bidding process, it shall do
so in writing.
Clarification of Bids
27.1 To assist in the examination, evaluation, and comparison of
the bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its bid, given a
reasonable time for a response. Any clarification submitted by a
Bidder that is not in response to a request by the Employer shall
not be considered. The Employer’s request for clarification and
the response shall be in writing. No change, including any
voluntary increase or decrease, in the prices or substance of the bid
shall be sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Employer in the
evaluation of the bids, in accordance with ITB 31.
27.2 If a Bidder does not provide clarifications of its bid by the
date and time set in the Employer’s request for clarification, its bid
may be rejected.
22
Deviations,
Reservations, and
Omissions
28.1 During the evaluation of bids, the following definitions
apply:
“Deviation” is a departure from the requirements specified in the
Bidding Documents;
“Reservation” is the setting of limiting conditions or withholding
from complete acceptance of the requirements specified in the
Bidding Documents; and
“Omission” is the failure to submit part or all of the information or
documentation required in the Bidding Documents.
Determination of
Responsiveness
29.1 The Employer’s determination of a bid’s responsiveness is
to be based on the contents of the bid itself, as defined in ITB11.
29.2 A substantially responsive bid is one that meets the
requirements of the Bidding Documents without material
deviation, reservation, or omission.
A material deviation,
reservation, or omission is one that,
(a)
if accepted, would:
(i) affect in any substantial way the scope, quality, or performance
of the Works specified in the Contract; or
(ii)limit in any substantial way, inconsistent with the Bidding
Documents, the Employer’s rights or the Bidder’s obligations under
the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
29.3 The Employer shall examine the technical aspects of the bid
submitted in accordance with ITB 16, Technical Proposal, in
particular, to confirm that all requirements of Section VI, Works
Requirements have been met without any material deviation,
reservation or omission.
29.4 If a bid is not substantially responsive to the requirements of
the Bidding Documents, it shall be rejected by the Employer and
may not subsequently be made responsive by correction of the
material deviation, reservation, or omission.
Nonmaterial
Nonconformities
30.1 Provided that a bid is substantially responsive, the Employer
may waive any nonconformities in the Bid.
may request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
23
nonmaterial nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of
the Bid. Failure of the Bidder to comply with the request may
result in the rejection of its Bid.
shall rectify quantifiable nonmaterial nonconformities related to
the Bid Price. To this effect, the Bid Price shall be adjusted, for
comparison purposes only, to reflect the price of a missing or nonconforming item or component.The adjustment shall be made
using the method specified in Section III, Evaluation and
Qualification Criteria.
Correction of
Arithmetical Errors
31.1 Provided that the bid is substantially responsive, the
Employer shall correct arithmetical errors on the following basis:
(a)
if there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price and
quantity, the unit price shall prevail and the total price shall be
corrected, unless in the opinion of theEmployer there is an obvious
misplacement of the decimal point in the unit price, in which case
the total price as quoted shall govern and the unit price shall be
corrected;
(b)
if there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals shall prevail and
the total shall be corrected; and
(c)
if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount expressed in
words is related to an arithmetic error, in which case the amount in
figures shall prevail subject to (a) and (b) above.
31.2 Bidders shall be requested to accept correction of
arithmetical errors. Failure to accept the correction in accordance
with ITB 31.1,shall result in the rejection of the Bid.
Conversion to Single
Currency
32.1 For evaluation and comparison purposes, the currency(ies)
of the Bid shall be converted into a single currency as specified in
the BDS.
Margin of Preference
33.1 Unless otherwise specified in theBDS, a margin of
preference for domestic bidders1 shall not apply.
1
An individual firm is considered a domestic bidder for purposes of the margin of preference if it is registered in the country
of the Employer, has more than 50 percent ownership by nationals of the country of the Employer, and if it does not
subcontract more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs are
considered as domestic bidders and eligible for domestic preference only if the individual member firms are registered
24
Subcontractors
34.1 Unless otherwise stated in theBDS, the Employer does not
intend to execute any specific elements of the Works by subcontractors selected in advance by the Employer.
34.2 In case of Prequalification, the Bidder’s Bid shall name the
same specialized subcontractor as submitted in the prequalification
application and approved by the Employer.
34.3 In case of Postqualification,the Employer may permit
subcontracting for certain specialized works as indicated in
Section III 4.2. When subcontracting is permitted by the
Employer, the specialized sub-contractor’s experience shall be
considered for evaluation. Section III describes the qualification
criteria for sub-contractors.
34.4Bidders may propose subcontracting up to the percentage of
total value of contracts or the volume of works as specified in
theBDS.
Evaluation of Bids
35.1 The Employer shall use the criteria and methodologies listed
in this Clause. No other evaluation criteria or methodologies shall
be permitted.
35.2 To evaluate a bid, the Employer shall consider the
following:
(a)
the bid price, excluding Provisional Sums and the
provision, if any, for contingencies in the Summary Bill of
Quantities, but including Daywork items, where priced
competitively;
(b)
price adjustment for correction of arithmetic errors in
accordance with ITB 31.1;
(c)
price adjustment due to discounts offered in accordance
with ITB 14.4;
(d)
converting the amount resulting from applying (a) to (c)
above, if relevant, to a single currency in accordance with ITB 32;
(e)
price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 30.3;
(f)
the additional evaluation factors are specified in Section
in the country of the Employer or have more than 50 percent ownership by nationals of the country of the Employer,
and the JV shall be registered in the country of the Borrower. The JV shall not subcontract more than 10 percent of the
contract price, excluding provisional sums, to foreign firms. JVs between foreign and national firms will not be eligible
for domestic preference.
25
III, Evaluation and Qualification Criteria;
35.3 The estimated effect of the price adjustment provisions of
the Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in bid evaluation.
35.4 If these Bidding Documents allows Bidders to quote
separate prices for different lots (contracts), the methodology to
determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Letter of Bid
Form, is specified in Section III, Evaluation and Qualification
Criteria.
35.5 If the bid, which results in the lowest Evaluated Bid Price, is
seriously unbalanced or front loaded in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those prices
with the construction methods and schedule proposed. After
evaluation of the price analyses, taking into consideration the
schedule of estimated Contract payments, theEmployermay
require that the amount of the performance security be increased at
the expense of the Bidder to a level sufficient to protect
theEmployeragainstfinancial loss in the event of default of the
successful Bidder under the Contract.
Comparison of Bids
36.1 The Employer shall compare the evaluated prices of all
substantially responsive bids established in accordance with ITB
35.2to determine the lowest evaluated bid.
Qualification of the
Bidder
37.1 The Employer shall determine to its satisfaction whether the
Bidder that is selected as having submitted the lowest evaluated
and substantially responsive bid either continues to meet (if
prequalification applies) ormeets (if postqualification applies) the
qualifying criteria specified in Section III, Evaluation and
Qualification Criteria.
37.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted by
the Bidder, pursuant to ITB 17.1.
37.3 An affirmative determination shall be a prerequisite for
award of the Contract to the Bidder. A negative determination
shall result in disqualification of the bid, in which event the
Employer shall proceed to the next lowest evaluated bid to make a
similar determination of that Bidder’s qualifications to perform
26
satisfactorily.
38.1 The Employer reserves the right to accept or reject any bid,
Employer’s Right to
Accept Any Bid, and to and to annul the bidding process and reject all bids at any time
Reject Any or All Bids prior to contract award, without thereby incurring any liability to
Bidders. In case of annulment, all bids submitted and specifically,
bid securities, shall be promptly returned to the Bidders.
F. Award of Contract
Award Criteria
39.1 Subject to ITB 38.1, the Employer shall award the Contract
to the Bidder who has been determined to be the lowest evaluated
bid and is substantially responsive to the Bidding Documents,
provided further that the Bidder is determined to be qualified to
perform the Contract satisfactorily.
Notification of Award
40.1 Prior to the expiration of the period of bid validity, the
Employer shall notify the successful Bidder, in writing, that its bid
has been accepted. The notification letter (hereinafter and in the
Conditions of Contract and Contract Forms called the “Letter of
Acceptance”) shall specify the sum that the Employer will pay the
Contractor in consideration of the execution and completion of the
Works (hereinafter and in the Conditions of Contract and Contract
Forms called “the Contract Price”). At the same time, the
Employer shall also notify all other Bidders of the results of the
bidding and shall publish in UNDB online the results identifying the
bid and lot (contract) numbers and the following information:
(i)name of each Bidder who submitted a Bid;
(ii)bid prices as read out at Bid Opening;
(iii)name and evaluated prices of each Bid that was evaluated;
(iv)name of bidders whose bids were rejected and the reasons for
their rejection; and
(v)name of the successfulBidder, and the Price it offered, as well as
the duration and summary scope of the contract awarded.
40.2 Until a formal contract is prepared and executed, the
notification of award shall constitute a binding Contract.
40.3 The Employer shall promptly respond in writing to any
unsuccessful Bidder who, after notification of award in accordance
with ITB 40.1, requests in writing the grounds on which its bid
was not selected.
Signing of Contract
27
41.1 Promptly upon notification, the Employer shall send the
successful Bidder the Contract Agreement.
41.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return it to
the Employer.
Performance Security
42.1 Within twenty-eight (28) days of the receipt of notification
of award from the Employer, the successful Bidder shall furnish
the performance security in accordance with the General
Conditions of Contract, subject to ITB 35.5, using for that purpose
the Performance Security Form included in Section X, Contract
Forms, or another form acceptable to the Employer. If the
performance security furnished by the successful Bidder is in the
form of a bond, it shall be issued by a bonding or insurance
company that has been determined by the successful Bidder to be
acceptable to the Employer. A foreign institution providing a bond
shall have a correspondent financial institution located in the
Employer’s Country.
42.2 Failure of the successful Bidder to submit the abovementioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security. In that event the Employer may
award the Contract to the next lowest evaluated Bidder whose
offer is substantially responsive and is determined by the
Employer to be qualified to perform the Contract satisfactorily.
28
Section II. Bid Data Sheet
A. Introduction
ITB 1.1
The number of the Invitation for Bids is : IFB-03/ICB/SE/IWCA/2014-15
ITB 1.1
The Employer is:
Irrigation & Water Resources Department, Uttar Pradesh,
98-Canal Colony, Phoolbagh, Kanpur, India
ITB 1.1
The name of the ICB is:
Cement Concrete Lining using paver machine in Parallel Lower Ganga
Canal (PLGC).
The identification number of the ICB is:
01-10/ICB/SE/IWCA/2015-16
The number and identification of the 10 lots (contracts)comprising this ICB
are as follows:
Contract
Approx.
District
No.
Contract Name
Length
(km)
Bulandshahar
01/ICB/SE PLGC Cement Concrete lining
/IWCA/20 from Head regulator (Km 0.00)
6.60
to Ramghat Bridge (Km 6.60)
15-16
02/ICB/SE PLGC Cement Concrete lining
Bulandshah
/IWCA/20 from Ramghat Bridge(Km 6.60)
8.400
ar/Aligarh
to Piyavli Bridge (Km 15.000)
15-16
Section IV. Bidding Forms29
PLGC Cement Concrete lining
Aligarh
from Piyavli Bridge (Km
8.500
15.000) to Sakara Bridge (Km
23.500)
PLGC
Cement
Concrete lining
Aligarh/Kas
04/ICB/SE
from Sakara Bridge (Km
ganj
/IWCA/20
12.800
23.500) to Kheria Bridge (Km
15-16
36.300)
PLGC
Cement
Concrete lining
Kasganj
05/ICB/SE
from Kheria Bridge(Km 36.300)
/IWCA/20
9.300
to Bhagwantpur Bridge (Km
15-16
45.600)
PLGC
Cement
Concrete lining
Kasganj
06/ICB/SE
from Bhagwantpur Bridge (Km
/IWCA/20
7.513
45.600) to Nadrai Aqueduct(Km
15-16
53.113)
PLGC
Cement
Concrete lining
Kasganj
07/ICB/SE
from Nadrai Aqueduct(Km
/IWCA/20
5.795
53.505) to Mirechi Bridge(Km
15-16
59.300)
PLGC
Cement
Concrete lining
Etah
08/ICB/SE
from Mirechi Bridge(Km 59.300)
/IWCA/20
8.000
to Kairon Drain syphon (Km
15-16
67.300)
Etah
09/ICB/SE
from Kairon Drain syphon (Km
/IWCA/20
6.700
67.300) to G.T.Road NH Sunna
15-16
Bridge(Km 74.000)
Etah/Firoza
10/ICB/SE
from G.T.Road NH Sunna Bridge
bad
/IWCA/20
14.858
(Km 74.00) to Tail Regulator(Km
15-16
88.858)
The Bidder may Bid for one or more Contracts. The Employer will evaluate
03/ICB/SE
/IWCA/20
15-16
30Section IV. Bidding Forms
the Bids in accordance with ITB 35.
ITB 2.1
The Borrower is: Government of Uttar Pradesh through Government of
India.
ITB 2.1
Loan or Financing Agreement amount: US$ 360 million
ITB 2.1
The name of the Project is:
Uttar Pradesh Water Sector Restructuring Project-II (UPWSRP-II)
ITB 4.1
Maximum number of members in the JV shall be: Three
Add the following at the end of the clause:
Bids submitted by a joint venture of two or more firms as partners shall
comply with the following requirements:
the bid shall include all the information listed in bidders qualification forms
for all the partners;
the joint venture agreement should indicate precisely the role of all
members of JV in respect of planning, design, construction equipment, key
personnel, work execution and financing of the project. All the members of
JV should have active participation in execution during the execution of the
contract. This should not be varied / modified subsequently without prior
approval of the Employer;
The nominated representative shall be from the lead partner of the JV.
A list of debarred firms and individuals is available on the Bank’s external
website: http://www.worldbank.org/debarr.
ITB 4.4
ITB 4.8
Not Applicable
B. Bidding Documents
ITB 7.1
For clarification purposes only, the Employer’s address is
Attention:
Superintending Engineer, Irrigation Works
Circle, Aligarh
Street Address:
25, Lal Diggi, Near University Circle,
City:
Aligarh, Uttar Pradesh
ZIP Code:
202001
Country:
India
Telephone:
+91 571 2700392
Facsimile number:
+91 571 2700392
E-mail address:
seiwca@gmail.com
ITB 7.1 (a)
Web page: www.irrigation.up.nic.in
ITB 7.4
A Pre-Bid meeting will take place at the following date, time and place:
Date:10thApril, 2015
Time:11:00 Hrs
Place: Office of Superintending Engineer, Irrigation Works Circle,
25, Lal Diggi, Near University Circle, Aligarh, U.P. (India)- 202001
Tele/ Fax: +91-571-2700392
A site visit conducted by the Employer will be organized on 09thApril,
2015.
C. Preparation of Bids
ITB 10.1
The language of the bid is: English
All correspondence exchange shall be in English language.
Language for translation of supporting documents and printed literature is
English
ITB 11.1 (h)
The Bidder shall submit with its bid the following additional documents:
 A valid JV Agreement legally notarized or attested by an
appropriate authority in the bidder’s home country, or a formal
Letter of Intent to enter into a JV Agreement if applicable,
specifying the financial stakes of each of the joint venture partners.
ITB 13.1
Alternative bids shall not be permitted.
ITB 13.2
Alternative times for completion are not permitted.
ITB 13.4
Alternative technical solutions shall not be permitted for any parts of the
Works.
ITB 14.7
Add the following note below ITB sub-clause 14.7:
Bidders may like to ascertain availability of excise/custom duty exemption
benefits available in India to the contracts financed under World Bank
loan/credits. They are solely responsible for obtaining such benefits which
they have considered in their bid and in case of failure to receive such
benefits for reasons whatsoever, the employer will not compensate the
bidder (contractor). The bidder shall furnish along with his bid a
declaration to this effect in the Declaration Format provided in Section IV
of the bidding documents.
Where the bidder has quoted taking into account such benefits, he
mustgive all information required for issue of certificates in terms of the
Government of India Central Excise Notification and Customs Notification
as per Form stipulated in section IV. In case the bidder has not provided
the required information or has indicated to be furnished later on in the
Declaration Format, the same shall be construed that the
goods/construction equipment for which certificate is required is Nil.
To the extent the employer determines the quantities indicated therein are
reasonable keeping in view the bill of quantities, work schedule,
construction program and methodology, the certificates will be issued and
no subsequent changes will be permitted. The certificate will be issued
within 60 days of signing of the contract for material pertaining to BOQ
quantities, equipment and machinery. In case of materials pertaining to
Variation items and quantities the certificate shall be issued only on
request from the contractor when in need and duly certified by the
Engineer and no subsequent changes will be permitted.
If the bidder has considered the customs/ excise duty exemption for
materials/construction equipment to be bought for the work, the bidder
shall confirm and certify that the Employer will not be required to
undertake any responsibilities of the Government of India Scheme or the
said exemptions being available during the contract execution, except
issuing the required certificate.
The bids which do not conform to the above provisions or any condition by
the bidder which makes the bid subject to availability of customs/excise
duty exemption for materials/construction equipment or compensation on
withdrawal of any variations to the said exemptions will be treated as nonresponsive and rejected.
ITB 15.1
Any delay in procurement of the construction equipment /machinery/goods
as a result of the above shall not be entertained as a reason for granting any
extension of time.”
The currency(ies) of the bid shall be in accordance with Alternative “A”,
as described below.
Alternative A: Bidders quote entirely in local currency
The unit rates and the prices shall be quoted by the bidder in the Bill of
Quantities entirely in Indian Rupee (INR) and further referred to as “the
local currency”. A bidder expecting to incur expenditures in other
currencies for inputs to the Works supplied from outside the Employer’s
country (referred to as “the foreign currency requirements”) shall indicate
in the Appendix to Bid – Table C the percentage(s) of the Bid Price
(excluding Provisional Sums) needed by the Bidder for the payment of such
foreign currency requirements, limited to no more than three foreign
currencies.
The rates of exchange to be used by the bidder in arriving at the local
currency equivalent shall be specified by the Bidder in the Appendix to Bid
–Table C, and shall apply for all payments under the Contract so that no
exchange risk will be borne by the successful bidder.
Alternative B: Bidders allowed to quote in local and foreign currencies
– Not applicable.
ITB 18.1
The bid validity period shall be one hundred and twenty (120) days
excluding the day of submission of bids.
ITB 18.3 (a)
The bid price shall be adjusted by the following factor(s): Not applicable.
ITB 19.1
A Bid Security shall be required.
The amount and currency of the bid security shall be:
As under in INR in favour of “Executive Engineer, Narora Division,
Lower Ganga Canal, Aligarh”.
Lot 1: INR 7.50 millionOR US$ 0.125 million
Lot 8: INR 8.60 million OR US$ 0.143 million
Lot 9: INR 7.10 million OR US$ 0.118 million
ITB 19.3 (d)
Other types of acceptable securities: None
ITB 20.1
In addition to the original of the bid, the number of copies is: three copies.
ITB 20.2
The written confirmation of authorization to sign on behalf of the Bidder
shall consist of: Legally enforceable Power of Attorney.
for a single entity, it shall consist of Power Of Attorney containing name,
position held and signature of authorized person;
in case of a JV or proposed JV, the Power of Attorney for authorization
shall be issued in the name of a nominated representative who shall have
the authority to sign and conduct all business for and on behalf of the JV
during contract execution.
In the event of the tender being submitted by a firm, it must be signed
separately by each partner, thereof, or in the event of the absence of any
partner, it must be signed on his behalf, by a person holding a power of
Attorney, authorizing him to do so Such power of Attorney will be
submitted with the tender and it must disclose that the firm is duly
registered under the Indian Partnership Act, By submitting the copy of
registration certificate. In case of a Company, the duly authorized
representative of the company holding a valid power of attorney on the
date of respective correspondence
D. Submission and Opening of Bids
ITB 22.1
For bid submission purposes only, the Employer’s address is:
Attention:
Superintending Engineer, Irrigation Works
Circle, Aligarh
Street Address:
25, LalDiggi, Near University Circle,
City:
Aligarh, Uttar Pradesh (India)
ZIP Code:
202001
Country:
India
Telephone:
+91-571-2700392
Facsimile number:+91-571- 2700392
E-mail address: seiwca@gmail.com
The deadline for bid submission is:
Date:05th May, 2015
Time: 15:00 Hrs
Bidders shall not have the option of submitting their bids electronically.
ITB 25.1
The bid opening shall take place at:
Place: Office of Superintending Engineer, Irrigation Works Circle,
25, Lal Diggi, Near University Circle,
Aligarh, U.P. (India)-202001
Date:05th 220 May, 2015
Time:15:30 Hrs
ITB 25.3
The Letter of Bid opened shall be initialed by one representatives of the
Employer conducting Bid opening. Each Bid shall be initialed by all
representatives of bidders and shall be numbered.
E. Evaluation and Comparison of Bids
ITB 32.1
The currency that shall be used for bid evaluation and comparison purposes
to convert all bid prices expressed in various currencies into a single
currency is: INR
The source of exchange rate shall be:
BC Selling rate of State Bank of India, Branch Aligarh, U.P.
ITB 33.1
ITB 34.1
ITB 34.4
The date for the exchange rate shall be last date for submission of bid.
If this date happens to be closing day/ holiday for State Bank of India
Branch, then the exchange rates as applicable for the previous working day
shall be taken.
The currency(ies) of the Bid shall be converted into a single currency in
accordance with the procedure under Alternative “A” that follows:
Alternative A: Bidders quote entirely in local currency
For comparison of bids, the Bid Price, corrected pursuant to Clause 31, shall
first be broken down into the respective amounts payable in various
currencies by using the exchange rates specified by the bidder in accordance
with Sub-Clause 15.1.
In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums
but including Daywork where priced competitively) to the single currency
identified above at the selling rates established for similar transactions by the
authority specified and on the date stipulated above.
A margin of domestic preference shall not apply.
At this time the Employer does not intend to execute certain specific parts of
the Works by sub-contractors selected in advance.
Subcontracting is permitted as under:Contractor’s proposed subcontracting: Maximum percentage
ofsubcontracting permitted is: forty percent (40%) of the total value of work
in any one or all lots/slices individually.
b) Bidders planning to subcontract more than 10% of total volume of work
shall specify, in the Letter of Bid, the activity (ies) or parts of the works to be
subcontracted along with complete details of the sub-contractors and their
qualification and experience. The qualification and experience of the subcontractors must meet the minimum criteria for the relevant work to be sub-
contracted failing which such sub-contractors will not be permitted to
participate. The proposed subcontractor should have Executed minimum one
similar work of value equivalent to the cost of work proposed to be sub
contracted during last five years (2009-10 to 2013-14).
c) The detail of subcontractors has to be submitted to Employer/Engineer. The
work can only be given to the subcontractor after approval by the employer/
engineer, otherwise it will be treated as violation of terms and condition of
contract.
d) Sub-contractors’ qualification and experience will not be considered for
evaluation of the Bidder. The Bidder on its own (without taking into account
the qualification and experience of the sub-contractor) should meet the
qualification criteria.
ITB 35.4
The methodology to determine the lowest evaluated price of the lot
(contract), including any discounts offered in the Letter of Bid Form, shall
be as specified in Section III, Evaluation and Qualification Criteria.
Section III. Evaluation and Qualification
Criteria(Without Prequalification)
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. In accordance with ITB 35 and ITB
37, no other factors, methods or criteria shall be used. The Bidder shall provide all the information requested in the forms included in Section
IV, Bidding Forms.
Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD equivalent using the rate of exchange
determined as follows:
-For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective calendar year
(in which the amounts for that year is to be converted) was originally established.
-Value of single contract - Exchange rate prevailing on the date of Submission of Bid
Exchange rates shall be taken from the publicly available source identified in the ITB 32.1. orhttp://www.oanda.com/currency/historicalrates or http://www.xe.com/ict/
Any error in determining the exchange rates in the Bid may be corrected by the Employer.
1. Domestic Preference: Not Applicable.
2. Evaluation
In addition to the criteria listed in ITB 35.2 (a)-(f) the following criteria shall apply:
2.1
-
Assessment of adequacy of Technical Proposal with Requirements.
“Evaluation of the Bidder’s Technical Proposal will include an assessment of the Bidder’s technical capacity to mobilize
key equipment and personnel for the contract consistent with its proposal regarding work methods, scheduling, and
material sourcing in sufficient detail and fully in accordance with the requirements stipulated in Section VII (Employer’s
Work Requirements)”.For this purpose Bidder should submit:
a detailed note outlining its proposed methodology and program of construction including Environmental Management
Plan, backed with equipment planning and deployment, materials and manpower planning and deployment, duly supported
with broad calculations and quality control procedures proposed to be adopted, justifying their capability of execution and
completion of the work as per technical specifications within the stipulated period of completion as per Sections.
- Keepingquality of cement concrete lining work in consideration,the bidsshall not be considered, if rates quoted by bidders
(including discounts, if given by bidder) are found lesser than 15 % of department estimated rates.
2.2 Multiple Contracts:
Award Criteria for Multiple Contracts [ITB 35.4]:
Lots
Bidders have the option to Bid for any one or more lots. Bids will be evaluated lot-wise, taking into account discounts
offered, if any, for combined lots. The contract(s) will be awarded to the Bidder or Bidders offering the lowest evaluated
cost to the Employer for combined lots, subject to the selected Bidder(s) meeting the required qualification criteria for lot
or combination of lots as the case may be.If a Bidder submits several successful (lowest evaluated substantially
responsive) Bids, the evaluation will also include an assessment of the Bidder’s capacity to need the aggregated
requirements.
Qualification Criteria for Multiple Contracts:
The criteria for qualification is aggregate minimum requirement
for respective lots as specified under items 3.1, 3.2, 4.2(a), 4.2(c) and 4.2(d) of the Eligibility and Qualification
Criteria.
2.3Alternative Completion Times: Not Applicable
2.4 Technical alternatives: Not Applicable
3.
No.
Qualification
Eligibility and Qualification Criteria
Subject
Requirement
Single
Entity
Compliance Requirements
Joint Venture (existing or intended)
All Parties Each Member
One Member
Combined
Documentation
Submission
Requirements
1. Eligibility
1.1
Nationality
1.2
Conflict of
Interest
1.3
Bank Eligibility
1.4
Government
Owned
Entity of the
Borrower
country
United Nations
resolution or
Borrower’s
country law
1.5
Nationality in accordance with ITA sub
clause
4.5
No conflicts of interest in accordance with
ITA sub clause 4.6
Must meet
requirement
Must meet
requirement
Must meet
requirement
N/A
Must meet
requirement
Must meet
requirement
Must meet
requirement
N/A
Not having been declared ineligible by the
Bank, as described in ITA sub clause 4.7
and 5.1
Applicants required to Meet conditions of
ITA sub clause 4.9
Must meet
requirement
Must meet
requirement
Must meet
requirement
N/A
Must meet
requirement
Must meet
requirement
Must meet
requirement
N/A
Not having been excluded as a result of Must meet
prohibition in the Borrower’s country laws requirement
or official regulations against commercial
relations with the Applicant’s country, or
by an act of compliance with UN Security
Council resolution, both in accordance with
Must meet
requirement
Must meet
requirement
N/A
Forms ELI – 1.1
and 1.2, with
attachments
Application
Submission
Form
Application
Submission
Form
Forms ELI – 1.1
and 1.2, with
attachments
Forms ELI – 1.1
and 1.2, with
attachments
No.
Subject
Requirement
Single
Entity
One Member
Combined
Documentation
Submission
Requirements
ITA 5.1 and Section V.
2. Historical Contract Non-Performance
2.1
2.2
2.3
2.4
2
History of NonPerforming
Contracts
Suspension
Based on
Execution of Bid
Securing
Declaration by
the Employer
named in the
IFB
Pending
Litigation
Litigation
History
Non-performance of a contract2 did not
occur as a result of contractor’s default
since 1st January 2012.
Not under suspension based on execution
of a Bid Securing Declaration pursuant to
ITA sub clause 4.10.
Must meet
requirement3
Must meet
requirements
Must meet
requirement3
N/A
Form CON-2
Must meet
requirement
Must meet
requirement
Must meet
requirement
N/A
Application
Submission
Form
N/A
Must meet
requirement
N/A
Form CON –2
Must meet
Must meet
N/A
Form CON – 2
Applicant’s
financial
position
and Must meet
prospective long term profitability still requirement
sound according to criteria established in
3.1 below and assuming that all pending
litigation will be resolved against the
Applicant
No consistent history of court/ arbitral Must meet
Non performance, as decided by the Employer, shall include all contracts where (a) non performance was not challenged by the contractor, including through
referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Non
performance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Non performance must be based on all
information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the
respective contract and where all appeal instances available to the applicant have been exhausted.
3
This requirement also applies to contracts executed by the Applicant as JV member.
No.
Subject
Requirement
Single
Entity
award
decisions
against
the requirement
Applicant4since 1 stJanuary 2010. The
applicant with two or more litigation
cases in the above said period would be
disqualified.
One Member
Combined
requirement requirement
Documentation
Submission
Requirements
3. Financial Situation and Performance
3.1
4
Financial
Capabilities
The Applicant shall demonstrate that it has Must meet
access to, or has available, liquid assets, requirement
unencumbered real assets, lines of credit,
and other financial means (independent of
any contractual advance payment)
sufficient to meet the construction cash
flow requirements estimated as under for
the subject contract(s) net of the
Applicants other commitments:
Lot 1: US$ 02 (two) million or equivalent;
Lot 2: US$ 03 (three) million or
equivalent;
equivalent;
Lot 4: US$ 04 (four) million or
equivalent.
equivalent;
Must meet
requirement
N/A.
N/A
Form FIN – 3.1,
with
attachments
The Applicant shall provide accurate information on the related Application Form about any litigation or arbitration resulting from contracts completed or
ongoing under its execution over the last five years. A consistent history of awards against the Applicant or any member of a joint venture may result in failure of
the application.
No.
Subject
Requirement
Lot 10: US$ 05(five) million or equivalent;
The bidder applying for more than one
Lot must meet criteria equal to Sum of
amount of applied Lots.
(ii)The Applicant shall also
demonstrate, to the satisfaction of the
Employer, that it has adequate sources of
finance to meet the cash flow requirements
on works currently in progress and for
future contract commitments.
(iii) The audited balance sheets or, if not
required by the laws of the Applicant’s
country, other financial statements
acceptable to the Employer, for the last 05
(five) years shall be submitted and must
demonstrate the current soundness of the
Applicant’s financial position and indicate
its prospective long term profitability
without loss in any two consecutive years.
3.2
Average Annual Minimum average annual construction
turnover as given below, calculated as
Construction
total certified payments received for
Turnover
contracts in progress and/or completed
within the last two (2) financial years
(2012-13 and 2013-14):Lot 1: US$ 11 (Eleveen) million
or equivalent;
Lot 2: US$ 14(Fourteen) million
or equivalent;
Lot 3: US$ 15 (Fifteen) million
or equivalent;
Lot 4: US$ 22(Twenty two) million
Single
Entity
Must meet
requirement
One Member
Combined
Must meet
requirement
Documentation
Submission
Requirements
N/A
N/A
Must meet
requirement
N/A
Must meet
requirement
Must meet
requirement
Must meet
requirement
Must meet 25%
(Twenty Five)
Percent or the
requirement.
N/A
Must meet
50%, (Fifty Percent)
of the requirement
Form FIN – 3.2
No.
Subject
Requirement
Single
Entity
One Member
Combined
Documentation
Submission
Requirements
or equivalent.
Lot 5: US$ 16 (Sixteen) million
or equivalent;
Lot 6: US$ 13 (Thirteen) million
or equivalent;
Lot 7: US$ 09 (Nine) million
or equivalent;
Lot 8: US$ 13 (Thirteen) million
or equivalent;
Lot 9: US$ 11 (Eleveen) million
or equivalent;
Lot 10: US$ 24 (Twenty four) million
or equivalent;
Lot must meet criteria equal to Sum of
amount of applied Lots.
4. Experience
4.1
General
Construction
Experience
4.2
(a)
Specific
Construction &
Contract
5
Experience under construction contracts in
the role of prime contractor, JV member,
subcontractor, or management contractor
for at least the last 03 (three) years, starting
1 st January 2011.
(i) A minimum number of similar5
contracts specified below that have been
satisfactorily and substantially6completed
Must meet
requirement
N/A
Must meet
requirement
Must meet
requirement8
Must meet
requirement
N/A
N/A
Form EXP – 4.1
N/A
Form EXP
4.2(a)
The similarity shall be based on the physical size means 15% total quantity of cement concrete requirement in concerned lot to be executed in a year in
particular contract of lining work,methods/ technologydescription and/ or other characteristics described in Section VII, Scope of Works. Summation of
number of small value contracts (less than the 10% estimated value for specified lot under requirement) to meet the overall requirement will not be
accepted.
6
Substantial completion shall be based on 80% or more works completed under the contract.
No.
Subject
Requirement
Management
Experience
Single
Entity
One Member
Combined
Documentation
Submission
Requirements
as a prime contractor, joint venture
member7, management contractor or
subcontractorbetween 1st January 2005
and application submission deadline:
Two contracts each of minimum US $ 4.5
million or one contract of minimum US $
09 million or equivalent for Lot 1;
11million or equivalent for Lot 3;
Two contracts each of minimum US $
8.5million or one contract of minimum
US $ 17 million or equivalent for Lot 4;
Two contracts each of minimum US $ 5
8
In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a
single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single
entity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of
value equal or more than the minimum value required shall be aggregate.
7
For contracts under which the Applicant participated as a joint venture member or sub-contractor, only the Applicant’s share, by value, shall be considered to
meet this requirement.
No.
Subject
Requirement
Single
Entity
One Member
Combined
Documentation
Submission
Requirements
Two contracts each of minimum US $ 4
4.2
(b)
9
Lot must meet criteria for applied Lots.
For the above and any other contracts
completed and under implementation as
prime contractor, joint venture member,
management contractor or subcontractor 9
between 1st January 2004 and application
submission
deadline,
a
minimum
construction experience in the following
key activities successfully completed10:
Must meet
requirements
Must meet
requirements
Must meet 25%
the requirements
for cement
concrete work
listed at (a) and
(b) in any one
year.
Must meet 50% the
requirements for
cement concrete
work listed at (a)
and (b) in any one
year.
Form EXP – 4.2
(b)
For contracts under which the Applicant participated as a joint venture member or sub-contractor, only the Applicants share, by value shall be considered to
meet the requirement.
10
Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period. The
rate of production shall be the annual production rate for the key construction activity (or activities). For the rate of production, either the average during the
entire period or in any one or more years during the period should be specified.
No.
Subject
Requirement
One Member
Combined
Single
Entity
Documentation
Submission
Requirements
(a) Cement Concrete Lining works of
1,000 cum using paver machines/
mechanized system in canals having head
design discharge more than 2000 Cusecs
(b) Minimum quantity of Cement
Concrete work excuted in any one year.
Lot No.- 1,6,7,8,9- 15000 cum in each lot.
Lot No.- 2,3,5- 25000 cum in each lot.
Lot No. -4,10-40000 cum in each lot.
4.2(c) Personnel
The bidder must demonstrate that it has the personnel for the key positions that meet the following minimum requirements:
Separate teams are required to be deployed for each Lot (contract). It shall be kept in mind that work in each Lot (contract) has to be taken
up at minimum two locations at a time in each lot (contract).
No.
1
2
3
4
5
6
Position
Chief Project Manager (Civil Engineer)
Construction Shift Engineer (Civil Engineer)
Surveyor
Quality Control Engineer
Technical Laboratory Assistant
Mechanical Paver Operators
Numbers required for
Lot no. 04 or 10
1
4
4
1
2
4
Lot no.01 or 02 or 03 or 05 or
06 or 07 or 08 or 09.
1
3
2
1
2
4
Total Work
Experience
15 years
10 years
06 years
08 years
06 years
05 years
The bidder applying for more than one Lot (contract) must meet criteria equal to Sum of applied Lots (contracts).
The bidder shall provide details of proof of qualifications and resume for the proposed personnel from S. No. 1 to 5. Detail of all personnels which
shall be engaged in work and their experience records, shall be submitted by the bidder in the relevant Information Forms included in Section IV
(in the attached format). The bidder shall explore, calculate and submit the requirement of personals, if he differs with the departmental estimation
of personal requirement.
4.2(d) Equipment
The Bidder must demonstrate that it has the equipment (purchase/lease/hired/owned) listed hereafter:
Separate set of equipment are required to be deployed for each lot (contract). It shall be kept in mind by the bidder that work in each lot
(contract) has to be taken up at minimum two locations at a time in each lot (contract).
SNo
Name of Equipment
Nos.
Lot no. 04 or 10
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Grader
Tippers/Dumpers/Hyva (16 ton capacity)
Hydraulic excavator of 1.2 cum. capacity
Vibro slope compactors
Vibratory roller
Batching Plant (30 cum. capacity)
Transit mixers
Concrete Paver Finisher Hydrostatic with sensor attachments
Standard mechanical concrete mixer (14/10 cft.) with hoppers
Needle vibrators
Dewatering Diesel pumping set (100 HP)
Electrical Generator 250 KVA
1
10
05
01
02
02
04
03
05
05
15
01
Lot no.01 or 02 or 03 or 05
or 06 or 07 or 08 or 09.
1
5
3
01
01
01
02
03
05
05
10
01
The bidder applying for more than one Lot(contract) must meet criteria equal to Sum of applied Lots (contracts).
The bidder shall provide details of the proposed equipment with invoices, if owned.The bidder shall provide the details of equipments which shall
be engaged in work in the relevant Information Forms included in Section IV (in the attached format). The bidder shall explore, calculate and
submit the requirement of machines, if he differs with the departmental estimation of equipment. The qualifying criteria shall mainly be for
equipment shown at Sl. No. 4,6,8& 11.
4.2 (e) Bid Capacity
Bidders will be qualified only if their available Bid capacity is more than the total value of the works for the lots applied.
The available bid capacity will be calculated as under;
Assesed available bid capacity = (A*N*1.5-B), where
A= Maximum value of works executed in any one (1) year during the last five (5) years viz 2010-11 to 2014-15 by the bidder or
sumof the maximum value of works executed in any one (1) year during the said five (5) years by each of the JV partners
which will take in to account the completed as well as works in progress updated to 2014-15 level*.
B= Value at 2014-15 * price level of the existing commitments and on going works to completed by the bidder or sum of the value at 2014-15*
price level of the existing commitments and on going works to be completed by each of the JV partner during the next 18 months. The bidder
shall provide these details in FIN-4 stipulated in section IV.
N= Number of years prescibed for completion of the works for which bids are invited.
*Cost of works of previous years shall be given weightage of 8% per year based on rupee value of bring them to 2014-15 price level.
Table of Forms
Letter of Bid............................................................................................... 5454Appendix to Bid
Table A. Local Currency- NOT APPLICABLE ...................................................... 5656
Table B. Foreign Currency (FC)- NOT APPLICABLE .......................................... 5757
Table C. Summary of Payment Currencies .............................................................. 5858
Bill of Quantities .........................................................................................................................60
Preamble ...........................................................................................................................60
Contract No.:-01 (PLGC km 0.000 to km 6.600)...........................................................63
Contract No.:-02 (PLGC km 6.600 to km 15.000) ................................................... 6767
Contract No.:-03 (PLGC km 15.000 to km 23.500) ................................................ 7171
Contract No.:-04 (PLGC km 23.500 to km 36.300) ................................................. 7373
Contract No.:-05 (PLGC km 36.300 to km 45.600)………………………………………..78
ContractNo.:-06 (PLGC km 45.600 to km 53.113)…………………………………82
ContractNo.:-07 (PLGC km 53.113 to km 59.300)………………………………….85
Contract No.:-08 (PLGC km 59.300 to km 67.300)………………………………89
Contract No.:-09 (PLGC km 67.300 to km 74.000)………………………………93
Contract No.:-10 (PLGC km 74.000 to km 88.858)……………………………….97
Technical Proposal ...................................................................................................................101
Site Organization ......................................................Error! Bookmark not defined.101
Method Statement ..........................................................................................................101
Mobilization Schedule ...................................................................................................101
Construction Schedule ...................................................................................................101
Bidders Qualification without prequalification……………………………………..102
Form ELI- 1.1 .................................................................................................................103
Form ELI- 1.2 .................................................................................................................104
Form CON- 2 ..................................................................................................................105
Form FIN- 3.1.................................................................................................................107
Form FIN- 3.2.................................................................................................................109
Form FIN-4………………………………………………………………………….111
Form EXP- 4.1 ...............................................................................................................111
Form EXP- 4.2(a) ...........................................................................................................112
Form EXP- 4.2(b)...........................................................................................................114
Form EQU- Equipment..................................................................................................116
Form PER- 1: Proposed Personnel................................................................................117
Form of Bid Security ......................................................................................................... 118118
Form of Bid Securing Declaration .................................................................................. 120120
5656
54
Letter of Bid
Date:
ICB No.:
Invitation for Bid No.:
Alternative No.: ___________________
To: _______________________________________________________________________
We, the undersigned, declare that:
We have examined and have no reservations to the Bidding Documents, including Addenda
issued in accordance with Instructions to Bidders (ITB8)
;
We meet the eligibility requirements and have no conflict of interest in accordance with ITB
4;
We have not been suspended nor declared ineligible by the Employer based on execution of a
Bid Securing Declaration in the Employer’s country in accordance with ITB 4.6.
We offer to execute in conformity with the Bidding Documents the following Works:
;
The total price of our Bid, excluding any discounts offered in item (f) below is:
In case of only one lot, total price of the Bid
In case of multiple lots, total price of each lot _____________________________________
In case of multiple lots, total price of all lots(sum of all lots)_____________________;
The discounts offered and the methodology for their application are:
The discounts offered are: ___________________________________________
The exact method of calculations to determine the net price after application of discounts is
shown below:
;
Our bid shall be valid for a period of _________________ days from the date fixed for the
bid submission deadline in accordance with the Bidding Documents, and it shall remain
binding upon us and may be accepted at any time before the expiration of that period;
If our bid is accepted, we commit to obtain a performance security in accordance with the
Bidding Documents;
Weare not participating, as a Bidder or as a subcontractor, in more than one bid in this
bidding process in accordance with ITB 4.2(e), other than alternative bids submitted in
accordance with ITB13;
(j) We, including any of our subcontractors or suppliers for any part of the contract,have not
been declared ineligible by the Bank,under the Employer’s country laws or official
regulations or by an act of compliance with a decision of the United Nations Security
Council;
(k) We are not a government owned entity/ We are a government owned entity but meet the
requirements of ITB4.5;11
(l) We have paid, or will pay the following commissions, gratuities, or fees with respect to
the bidding process or execution of the Contract:
Name of Recipient
Address
Reason
Amount
(If none has been paid or is to be paid, indicate “none.”)
(m) We understand that this bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
contract is prepared and executed; and
(n) We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
(o) We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any type of fraud and corruption.
Name of the Bidder*
Name of the person duly authorized to sign the Bid on behalf of the Bidder**
Title of the person signing the Bid
Signature of the person named above
Date signed ________________________________ day of _______________________,
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid
11
Bidder to use as appropriate.
56
Appendix to Bid
Schedule of Adjustment Data
[In Tables A, B, and C, below, the Bidder shall (a) indicate its amount of local currency
payment, (b) indicate its proposed source and base values of indices for the different foreign
currency elements of cost, (c) derive its proposed weightings for local and foreign currency
payment, and (d) list the exchange rates used in the currency conversion. In the case of very
large and/or complex works contracts, it may be necessary to specify several families of price
adjustment formulae corresponding to the different works involved.]
Table A. Local Currency- NOT APPLICABLE
Index
code*
Index
description*
Nonadjustable
Source of
index*
Base value
and date*
Bidder’s
related
currency
amount
—
—
—
Total
Bidder’s
proposed
weighting
A:
B:
C:
D:
E:
*
*
*
*
*
1.00
[* To be entered by the Employer. Whereas “A” should a fixed percentage, B, C, D and E
should specify a range of values and the Bidder will be required to specify a value within the
range such that the total weighting = 1.00]
Table B. Foreign Currency (FC)- NOT APPLICABLE
State type: ....................... [If the Bidder is allowed to receive payment in foreign currencies
this table shall be used. If Bidder wishes to quote in more than one foreign currency (up to
three currencies permitted)then this table should be repeated for each foreign currency.]
Index
code
Index
description
Nonadjustable
Source of
Base
index
value and
date
—
Bidder’s
Equivalent Bidder’s
related
in FC1
proposed
source
weighting
currency in
type/amount
—
—
A:
*
B:
*
C:
*
D:
*
E:
*
Total
1.00
[* To be entered by the Employer. Whereas “A” should a fixed percentage, B, C, D and E
should specify a range of values and the Bidder will be required to specify a value within the
range such that the total weighting = 1.00]
58
Table C. Summary of Payment Currencies
Table: Alternative A
For ………………………..[insert name of Section of the Works]
Name of
payment
currency
A
Amount of
currency
Local currency
B
Rate of
exchange
(local currency
per unit of
foreign)
C
Local currency
equivalent
C=AxB
1.00
Foreign
currency #1
Foreign
currency #2
Foreign
currency #
Total Bid Price
Provisional
sums expressed [To be
entered by
in local
the
currency
Employer]
TOTAL
BID
PRICE
(including
provisional
sum)
[To be entered
by the
Employer]
D
Percentage of
Total Bid Price
(TBP)
100xC
TBP
Table: Alternative BNOT APPLICABLE
To be used only with Alternative B Prices directlyquoted in the currencies of payment.
(Clause ITB 15.1)
Summary of currencies of the bid for
Name of currency
Local currency:
Foreign currency #1:
Provisional sums expressed in local currency
____________________________________
___________[insert name of Section of the Works]
Amounts payable
[To be entered by the Employer]
60
Bill of Quantities
Preamble
1.
The Bill of Quantities shall be read in conjunction with the Instructions to Bidders,
General and Special Conditions of Contract, Technical Specifications, and Drawings.
2.
The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out, as measured by the Contractor and verified
by the Engineer and valued at the rates and prices bid in the priced Bill of Quantities,
where applicable, and otherwise at such rates and prices as the Engineer may fix
within the terms of the Contract.
3.
The rates and prices bid in the priced Bill of Quantities shall, except insofar as it is
otherwise provided under the Contract, include all Constructional Plant, labour,
supervision, materials, erection, maintenance, insurance, profit, taxes, and duties,
together with all general risks, liabilities, and obligations set out or implied in the
Contract.
4.
A rate or price shall be entered against each item in the priced Bill of Quantities,
whether quantities are stated or not. The cost of Items against which the Contractor
has failed to enter a rate or price shall be deemed to be covered by other rates and
prices entered in the Bill of Quantities.
5.
The whole cost of complying with the provisions of the Contract shall be included in
the Items provided in the priced Bill of Quantities, and where no Items are provided,
the cost shall be deemed to be distributed among the rates and prices entered for the
related Items of Work.
6.
General directions and descriptions of work and materials are not necessarily repeated
nor summarized in the Bill of Quantities. References to the relevant sections of the
Contract documentation shall be made before entering prices against each item in the
priced Bill of Quantities.
7.
Provisional Sums included and so designated in the Bill of Quantities shall be
expended in whole or in part at the direction and discretion of the Engineer.
8.
The method of measurement of completed work for payment shall be in accordance
withprevalent IS Codes and as per direction of Engineer-in-charge.
9.
Errors will be corrected by the Employer for any arithmetic errors in computation or
summation as follows:
(a)
Where there is a discrepancy between amounts in figures and in words, the
amount in words will govern; and
(b)
Where there is a discrepancy between the unit rate and the total amount derived
from the multiplication of the unit price and the quantity, the unit rate as quoted
will govern, unless in the opinion of the Employer, there is an obviously gross
misplacement of the decimal point in the unit price, in which event the total
amount as quoted will govern and the unit rate will be corrected.
10.
Rock is defined as all materials that, in the opinion of the Engineer, require blasting,
or the use of metal wedges and sledgehammers, or the use of compressed air drilling
for their removal, and that cannot be extracted by ripping with a tractor of at least 150
brake hp with a single, rear-mounted, heavy-duty ripper.
11
Royalty and Borrow Area
The contractor shall pay royalty on earth work,other construction material and any
other construction activity as per rules in forceat the time of entering in agreement.
11.1
Borrow area must be identified by the contractor and got approved from the Executive
Engineer, for its suitability regarding the quality of soil.
11.2
Necessary permission required, from the district administration or any other
concerned authority must be obtained by the contractor at his cost. The contractor will
be responsible for complyingall such rules.If any penalty is imposed by authority or
work may be stopped for not complying these rules then contractor is fully
responsible for that. No extra payment or time shall be allowed by the department on
this account.
11.3
The contractor will be fully responsible for any disputes arising on account of royalty.
11.4
The contractor shall be responsible for any delays arising out of disputes of royalty
and the related permission.
12
Rules Regarding Labour Laws In Uttar Pradesh
The contractor shall be bound and shall be responsible to comply with the provisions
of the labour laws in force in the state of Uttar Pradesh including the Minimum
Wages Act to any enactment in suppression, extension or modification there of which
may be passed at any time or from time to time by a competent legislative body and
may have effect in the State of Uttar Pradesh, and Rules and Regulations made there
under or any amendment of modifications thereof for the time being in force. All
expenses in connection with the compliance of such laws and rules shall be borne by
the contractor, and the contractor shall neither demand nor claim nor shall be entitled
to any additional payment for the reason that he failed to take into account any such
expenses in his tender of that any subsequent amendments in such laws or rules have
changed the basis on which he worked out such expenses while submitting his tender.
In every case in which by virtue of the provisions of the labour laws in force in the
State of Uttar Pradesh and the rules and regulations made there under, the employer is
obliged to pay any sum in the execution of the work. Employer wil recover from the
contractor the amount so paid, without prejudice to the other rights of the Department,
the Department shall be at liberty to recover such amount or any part thereof by
deducting it from the performance guarantee, security money and retention amount or
any other sum due to the contractor whether under this contract or otherwise.
Contract No.:-01(PLGC km 0.000 to km 6.600)
Bill of Quantites
Name Work: Cement Concrete Lining using Paver Machine in Parallel
Lower Ganga Canal (PLGC).
S.No.
Discription of Work
Unit
Quantity
Rate
per
unit
Amount
Amount
in crores
1
2
3
4
5
6
7
1
Earth work in cutting the canal bed, side
slopes, berms to the designed section for
laying lining, sleepers as well as underdrainage works. The rate includes
removing jungle / bushes, all types of
soil with charri, bajri, kankar, wet/slush
earth, underwater excavation wherever
required, re-handling etc in all lead and
lifts . The area where good earth is to be
filled shall be cleared of grass, roots, all
kinds of vegetation with uprooting. The
earthwork shall include all leads & lifts.
The excavated good earth shall be used
for earthwork in filling on side slopes,
berm etc and the excess quantity of
excavated earth shall be disposed off up
to 0.500 km as directed with proper
leveling, dressing and in proper shape.
The rate includes providing equipments,
manpower,
carriage,
re-handling,
loading, unloading, mechanical vibro
compaction in filling work, Moistening/
watering, all T&P, Taxes etc. inclusive
of providing lighting arrangement or any
other activities required for proper
completion
of
work,
excluding
dewatering.
Earthwork in filling/embankment to
designed section by the good earth
brought from private land in lead up to
1.00Km, dressing the surface to required
level and grades including royalty etc.
manpower,
carriage,
re-handling,
watering, all T&P, taxes etc. inclusive of
providing lighting arrangement or any
other activities required for proper
completion
of
work.
excluding
dewatering.
cum
208090.00
cum
25760.00
2
64
3
4
5
6
Dewatering works for Earthwork, laying
of under drainage filter material, making
CC Sleepers, laying cement concrete
lining works etc. including installations
of deep boring for providing dewatering
diesel pumps each of minimum 100 HP
capacity required as per site conditions to
regulate effective dewatering. The item
includes cost of all materials required for
boring/ dewatering system, cost/ rentals/
maintenance/ repair/operational charges
of pumps, T&P, etc. required for
effective dewatering and proper delivery
as directed to complete the work.
(metered installation is compulsory for
payment & authentication).
Dismantling existing boulder pitching on
side slopes with proper stacking of
dismantled material within a distance of
100 m as directed by the Engineer-incharge including cost of labour charges,
T&P, machinery, etc. required for proper
completion of the work.
Supplying and laying coarse sand of
required F.M. as filter material for underdrainage
arrangement
(traverse/longitudinal/ collectingdrains)
below lining including cost of material,
labour charges, shuttering charges T&P,
Taxes, Royalty etc. required for proper
completion of the work as per approved
drawing .
Supplying and laying of gravel filter
material of approved grading for underdrainage
arrangement
(transverse/
longitudinal/ collecting drains) below
lining. The item includes cost of
material, shuttering charges labour
charges, T&P, Ttxes, Royalty etc.
required for proper completion of the
work as per approved drawing .
a. 4mm to 10mm
b. 10mm to 20mm
c. 20mm to 40mm
7
8
Supplying and laying 150 mm dia
perforated P.V.C pipes of approved
quality for under-drainage system
(longitudinal/ transverse drain) including
carriage, stacking,
cutting, jointing,
coupling etc. including labour charges,
T&P, taxes, etc. required for proper
drawing .
(connecting drain) including carriage,
stacking, cutting, jointing, coupling etc.
cum
2005250.00
cum
6725.00
cum
13995.00
cum
10730.00
cum
10730.00
cum
23860.00
cum
79350.00
cum
760.00
9
10
11
12
13
14
including labour charges, T&P, taxes,
etc. required for proper completion of the
Supplying and laying hessian cloth
(unwoven filter cloth) for wrapping
around longitudinal drain/transverse
drain/ collecting drain pipes , placement
with proper over lapping including cost
of material, labour charges, T&P, taxes,
Providing and laying cement concrete of
M15A20 mix for making sleepers as per
approved drawing with approved quality
of coarse sand of F.M. more than 2.00
and 20mm graded coarse aggregate
including cost of all materials, labour
charges, curing work, T&P, taxes etc.
work in all conditions of site excluding
dewatering.
Supplying and laying local available
Ganga sand below lining with proper
compaction to achieve 70% relative
density including cost of material,
labour charges, T&P, Taxes, Royalty etc.
works as per approved drawing . The rate
includes sub grade preparation, dressing
the surface to required level and grades.
Supplying and laying 200 micron thick
LDPE film below lining, placement with
proper over lapping including cost of
material, labour charges, T&P, taxes,
work as per approved drawing.
Providing and laying cement concrete
M20A20 in lining work
using paver
machine with approved quality of coarse
sand, stone ballast as per mix design,
excluding supply and placement of
nominal reinforcement but including
cost of all materials, labour charges,
curing work, T&P, taxes etc. required for
proper completion of the work as per
approved drawing in all conditions of site
excluding dewatering work. The rate
includes mechanical mixing, mechanical
vibration of CC, laying CC using Paver
machine, batching and mixing plant,
transit mixer, laying/spreading CC using
conveyor belt etc.
Laying PVC joints of approved quality
in longitudinal as well as tansverse
direction. Spaced at 10 m/ 9 m as per
approved drawing including cost of all
material, fixing in position during laying
CC in lining using paver machine, all
taxes, T& P etc. required for proper
completion of work.
cum
37760.00
cum
3650.00
cum
35560.00
cum
461680.00
cum
58965.00
cum
96770.00
66
15
Construcrtion of pressure release wells
on locations as per approved drawings
using M20A20 cement concrete with
mechanical mixining and needle
vibration including cost of all material,
labour charges, T&P, Taxes, Equipments
involved. The rate includes cost of
earthwork in excavation in all type of
soils including backfilling, rentage/cost
of steel centring/ shuttring for earthwork
& concrete placement, cost of material
including laying reinforcement bars as
per approved drawing, cost of iron
mesh/grill to be fitted at top for safety
but excluding cost of dewatering charges,
if any.
No.
13
Grand Total
Bill No.
Bill No. 1
Description
Page
Amount
Cement Concrete Lining using Paver
Machine in Parallel Lower Ganga
Canal (PGLC).
Subtotals of Bills (A)
Specified Provisional Sums (B)*
Total of Bills Plus Provisional Sums (C=A + B)
Add Provisional Sum for Contingency Allowance (D)
Total Bid Price (C+D) (Carried forward to Letter of Bid)
i) All Provisional Sums are to be expended in whole or in part at the direction and discretion of the Engineer in
accordance with Sub-Clause 13.5 of the Conditions of Contract.
* For evaluation purposes, Provisional Sum will be excluded
67
Bill of Quantity
Name Work: Cement Concrete Lining using Paver Machine in
S.No.
Discription of Work
Unit
Quantity
1
2
3
4
1
removing jungle / bushes, all types of
soil with charri, bajri, kankar, wet/slush
earth, underwater excavation wherever
required, re-handling etc in all lead and
lifts . The area where good earth is to be
filled shall be cleared of grass, roots, all
kinds of vegetation with uprooting. The
earthwork shall include all leads & lifts.
The excavated good earth shall be used
for earthwork in filling on side slopes,
berm etc and the excess quantity of
excavated earth shall be disposed off up
to 0.500 km as directed with proper
leveling, dressing and in proper shape.
manpower,
carriage,
re-handling,
watering, all T&P, Taxes etc. inclusive
of providing lighting arrangement or
any other activities required for proper
completion
of work,
excluding
dewatering.
1.00Km, dressing the surface to
required level and grades including
royalty etc. The rate includes providing
equipments, manpower, carriage, rehandling,
loading,
unloading,
mechanical vibro compaction in filling
work, Moistening/ watering, all T&P,
taxes etc. inclusive of providing lighting
arrangement or any other activities
required for proper completion of work.
excluding dewatering.
cum
265060.00
cum
32785.00
2
Rate
Amount
per Amount
in
unit
crores
5
6
7
68
3
4
5
of under drainage filter material,
making CC Sleepers, laying cement
concrete lining works etc. including
installations of deep boring for
providing dewatering diesel pumps each
of minimum 100 HP capacity required
as per site conditions to regulate
effective dewatering. The item includes
cost of all materials required for
of pumps, T&P, etc. required for
effective dewatering and proper
delivery as directed to complete the
work.
(metered
installation
is
compulsory
for
payment
&
authentication).
required F.M. as filter material for
under-drainage
arrangement
drawing .
arrangement
(transverse/
a. 4mm to 10mm
b. 10mm to 20mm
c. 20mm to 40mm
6
7
(longitudinal/
transverse
drain)
including carriage, stacking, cutting,
jointing, coupling etc. including labour
charges, T&P, taxes, etc. required for
approved drawing .
stacking,
cutting, jointing, coupling
etc. including labour charges, T&P,
taxes, etc. required for proper
drawing .
cum
2506560.00
cum
17640.00
cum
14440.00
cum
14440.00
cum
31305.00
cum
100600.00
cum
1340.00
8
9
10
11
12
13
etc. required for proper completion of
the work as per approved drawing .
approved drawing with approved
quality of coarse sand of F.M. more
than 2.00 and 20mm graded coarse
aggregate including cost of all
materials, labour charges, curing work,
T&P, taxes etc. required for proper
completion of the work in all conditions
of site excluding dewatering.
labour charges, T&P, Taxes, Royalty
the works as per approved drawing .
The rate includes sub grade preparation,
dressing the surface to required level
and grades.
LDPE film below lining, placement
the work as per approved drawing.
M20A20 in lining work
using paver
machine with approved quality of
coarse sand, stone ballast as per mix
design, excluding supply and placement
of
nominal
reinforcement but
work as per approved drawing in all
conditions of site excluding dewatering
work. The rate includes mechanical
mixing, mechanical vibration of CC,
laying CC using Paver machine,
batching and mixing plant, transit
mixer, laying/spreading CC using
conveyor belt etc.
material, fixing in position during
laying CC in lining using paver
machine, all taxes, T& P etc. required
for proper completion of work.
69
cum
48055.00
cum
4645.00
cum
45270.00
cum
587590.00
cum
75045.00
cum
123160.00
70
14
Construcrtion of pressure release wells
on locations as per approved drawings
using M20A20 cement concrete with
mechanical mixining and needle
vibration including cost of all material,
labour
charges,
T&P,
Taxes,
Equipments involved. The rate includes
cost of earthwork in excavation in all
type of soils including backfilling,
rentage/cost of steel centring/ shuttring
for earthwork & concrete placement,
cost of material including laying
reinforcement bars as per approved
drawing, cost of iron mesh/grill to be
fitted at top for safety but excluding cost
of dewatering charges, if any.
No.
23
Grand Total
Bill No.
Bill No. 1
Description
Page
Amount
Cement Concrete Lining using
Paver Machine in Parallel Lower
Ganga Canal (PGLC).
71
Bill of Quantity
Quantity
Rate
per
unit
Amount
Amount
in
crores
5
6
7
S.No.
Discription of Work
Un
it
1
2
3
4
1
Earth work in cutting the canal bed, side slopes,
berms to the designed section for laying lining,
sleepers as well as under-drainage works. The rate
includes removing jungle / bushes, all types of soil
with charri, bajri, kankar, wet/slush earth,
underwater excavation wherever required, rehandling etc in all lead and lifts . The area where
good earth is to be filled shall be cleared of grass,
roots, all kinds of vegetation with uprooting. The
earthwork shall include all leads & lifts. The
excavated good earth shall be used for earthwork in
filling on side slopes, berm etc and the excess
quantity of excavated earth shall be disposed off up
to 0.500 km as directed with proper leveling,
dressing and in proper shape. The rate includes
providing equipments, manpower, carriage, rehandling, loading, unloading, mechanical vibro
compaction in filling work, Moistening/ watering,
all T&P, Taxes etc. inclusive of providing lighting
arrangement or any other activities required for
proper completion of work, excluding dewatering.
Earthwork in filling/embankment to designed
section by the good earth brought from private land
in lead up to 1.00Km, dressing the surface to
required level and grades including royalty etc. The
rate includes providing equipments, manpower,
carriage,
re-handling,
loading,
unloading,
mechanical vibro compaction in filling work,
Moistening/ watering, all T&P, taxes etc. inclusive
of providing lighting arrangement or any other
activities required for proper completion of work.
Dewatering works for Earthwork, laying of under
drainage filter material, making CC Sleepers,
laying cement concrete lining works etc. including
installations of deep boring for providing
dewatering diesel pumps each of minimum 100 HP
capacity required as per site conditions to regulate
effective dewatering. The item includes cost of all
materials required for boring/ dewatering system,
cost/ rentals/ maintenance/ repair/operational
charges of pumps, T&P, etc. required for effective
dewatering and proper delivery as directed to
complete the work. (metered installation is
cum
292880.00
cum
33175.00
cum
2506560.00
2
3
72
4
5
compulsory for payment & authentication).
Supplying and laying coarse sand of required F.M.
as filter material for under-drainage arrangement
(traverse/longitudinal/ collectingdrains) below
lining including cost of material, labour charges,
shuttering charges T&P, Taxes, Royalty etc.
required for proper completion of the work as per
approved drawing .
Supplying and laying of gravel filter material of
approved grading for under-drainage arrangement
(transverse/ longitudinal/ collecting drains) below
lining. The item includes cost of material,
shuttering charges labour charges, T&P, Ttxes,
Royalty etc. required for proper completion of the
a. 4mm to 10mm
b. 10mm to 20mm
c. 20mm to 40mm
6
7
8
9
10
11
Supplying and laying 150 mm dia perforated P.V.C
pipes of approved quality for under-drainage
system (longitudinal/ transverse drain) including
carriage, stacking, cutting, jointing, coupling etc.
including labour charges, T&P, taxes, etc. required
for proper completion of the work as per approved
drawing .
system (connecting drain) including carriage,
stacking, cutting, jointing, coupling etc. including
labour charges, T&P, taxes, etc. required for proper
completion of the work as per approved drawing .
Supplying and laying hessian cloth (unwoven filter
cloth) for wrapping around longitudinal
drain/transverse drain/ collecting drain pipes ,
placement with proper over lapping including cost
of material, labour charges, T&P, taxes, etc.
approved drawing .
Providing and laying cement concrete of M15A20
mix for making sleepers as per approved drawing
with approved quality of coarse sand of F.M. more
than 2.00 and 20mm graded coarse aggregate
including cost of all materials, labour charges,
curing work, T&P, taxes etc. required for proper
completion of the work in all conditions of site
Supplying and laying local available Ganga sand
below lining with proper compaction to achieve
70% relative density including cost of material,
labour charges, T&P, Taxes, Royalty etc. required
for proper completion of the works as per approved
drawing . The rate includes sub grade preparation,
dressing the surface to required level and grades.
Supplying and laying 200 micron thick LDPE film
below lining, placement with proper over lapping
including cost of material, labour charges, T&P,
taxes, etc. required for proper completion of the
cum
17780.00
cum
14300.00
cum
14300.00
cum
31655.00
cum
101145.00
cum
1985.00
cum
48615.00
cum
4700.00
cum
45830.00
cum
594585.00
12
13
14
Providing and laying cement concrete M20A20 in
lining work using paver machine with approved
quality of coarse sand, stone ballast as per mix
of
nominal reinforcement but including cost of all
materials, labour charges, curing work, T&P, taxes
etc. required for proper completion of the work as
per approved drawing in all conditions of site
excluding dewatering work. The rate includes
mechanical mixing, mechanical vibration of CC,
laying CC using Paver machine, batching and
mixing plant, transit mixer, laying/spreading CC
using conveyor belt etc.
in
longitudinal as well as tansverse direction. Spaced
at 10 m/ 9 m as per approved drawing including
cost of all material, fixing in position during laying
CC in lining using paver machine, all taxes, T& P
etc. required for proper completion of work.
Construcrtion of pressure release wells on locations
as per approved drawings using M20A20 cement
concrete with mechanical mixining and needle
vibration including cost of all material, labour
charges, T&P, Taxes, Equipments involved. The
rate includes cost of earthwork in excavation in all
type of soils including backfilling, rentage/cost of
steel centring/ shuttring for earthwork & concrete
placement, cost of material including laying
reinforcement bars as per approved drawing, cost
of iron mesh/grill to be fitted at top for safety but
excluding cost of dewatering charges, if any.
73
cum
75940.00
cum
124630.00
No.
34
Grand Total
Bill No.
Bill No. 1
Description
Page
Amount
Ganga Canal (PGLC).
74
Bill of Quantity
S.No.
Discription of Work
Unit
Quantity
Rate
per
unit
1
2
3
4
5
1
laying lining, sleepers as well as underdrainage works. The rate includes removing
jungle / bushes, all types of soil with charri,
bajri, kankar, wet/slush earth, underwater
excavation wherever required, re-handling etc
in all lead and lifts . The area where good
earth is to be filled shall be cleared of grass,
roots, all kinds of vegetation with uprooting.
The earthwork shall include all leads & lifts.
The excavated good earth shall be used for
earthwork in filling on side slopes, berm etc
and the excess quantity of excavated earth
shall be disposed off up to 0.500 km as
directed with proper leveling, dressing and in
proper shape. The rate includes providing
equipments, manpower, carriage, re-handling,
loading, unloading,
mechanical vibro
watering, all T&P, Taxes etc. inclusive of
providing lighting arrangement or any other
activities required for proper completion of
work, excluding dewatering.
section by the good earth brought from private
land in lead up to 1.00Km, dressing the
surface to required level and grades including
loading, unloading,
mechanical vibro
work. excluding dewatering.
cum
440865.00
cum
50000.00
2
Amou
nt
Amou
nt in
crores
6
7
3
4
5
Dewatering works for Earthwork, laying of
under drainage filter material, making CC
Sleepers, laying cement concrete lining works
etc. including installations of deep boring for
providing dewatering diesel pumps each of
minimum 100 HP capacity required as per site
conditions to regulate effective dewatering.
The item includes cost of all materials
required for boring/ dewatering system, cost/
rentals/
maintenance/
repair/operational
charges of pumps, T&P, etc. required for
effective dewatering and proper delivery as
directed to complete the work. (metered
installation is compulsory for payment &
authentication).
Supplying and laying coarse sand of required
F.M. as filter material for under-drainage
arrangement
(traverse/longitudinal/
collectingdrains) below lining including cost
of material, labour charges, shuttering charges
T&P, Taxes, Royalty etc. required for proper
drawing .
Supplying and laying of gravel filter material
of approved grading for under-drainage
arrangement
(transverse/
longitudinal/
collecting drains) below lining. The item
includes cost of material, shuttering charges
labour charges, T&P, Ttxes, Royalty etc.
required for proper completion of the work as
per approved drawing .
a. 4mm to 10mm
b. 10mm to 20mm
c. 20mm to 40mm
6
7
8
Supplying and laying 150 mm dia perforated
P.V.C pipes of approved quality for underdrainage system (longitudinal/ transverse
drain) including carriage, stacking, cutting,
charges, T&P, taxes, etc. required for proper
drawing .
P.V.C pipes of approved quality for underdrainage system (connecting drain) including
carriage, stacking, cutting, jointing, coupling
etc. including labour charges, T&P, taxes, etc.
Supplying and laying hessian cloth (unwoven
filter cloth) for wrapping around longitudinal
placement with proper over lapping including
cost of material, labour charges, T&P, taxes,
75
cum
3509185.00
cum
26550.00
cum
cum
cum
21480.00
cum
152625.00
cum
2685.00
cum
73220.00
21480.00
47680.00
76
9
10
11
12
13
14
approved drawing with approved quality of
coarse sand of F.M. more than 2.00 and 20mm
graded coarse aggregate including cost of all
materials, labour charges, curing work, T&P,
taxes etc. required for proper completion of
the work in all conditions of site excluding
dewatering.
Supplying and laying local available Ganga
sand below lining with proper compaction to
achieve 70% relative density including cost of
material,
labour charges, T&P, Taxes,
Royalty etc. required for proper completion of
the works as per approved drawing . The rate
includes sub grade preparation, dressing the
surface to required level and grades.
Supplying and laying 200 micron thick LDPE
film below lining, placement with proper over
lapping including cost of material, labour
drawing.
Providing and laying cement concrete M20A20
in lining work using paver machine with
approved quality of coarse sand, stone ballast
as per mix design, excluding supply and
placement of nominal reinforcement but
approved drawing in all conditions of site
mechanical mixing, mechanical vibration of
CC, laying CC using Paver machine, batching
and
mixing
plant,
transit
mixer,
laying/spreading CC using conveyor belt etc.
Laying PVC joints of approved quality in
longitudinal as well as tansverse direction.
Spaced at 10 m/ 9 m as per approved drawing
including cost of all material, fixing in
position during laying CC in lining using
paver machine, all taxes, T& P etc. required
Construcrtion of pressure release wells on
locations as per approved drawings using
M20A20 cement concrete with mechanical
mixining and needle vibration including cost
of all material, labour charges, T&P, Taxes,
Equipments involved. The rate includes cost
of earthwork in excavation in all type of soils
including backfilling, rentage/cost of steel
centring/ shuttring for earthwork & concrete
reinforcement bars as per approved drawing,
cost of iron mesh/grill to be fitted at top for
safety but excluding cost of dewatering
charges, if any.
cum
7075.00
cum
69000.00
cum
895375.00
cum
114355.00
cum
187675.00
No.
46
Grand Total
77
Bill No.
Bill No. 1
Description
Page
Amount
Cement Concrete Lining using Paver
Machine in Parallel Lower Ganga
Canal (PGLC).
78
Bill of Quantity
S.No
.
Discription of Work
Unit
Quantity
Rate
per unit
Amount
Amount
in
crores
1
2
3
4
5
6
7
1
removing jungle / bushes, all types of soil
with charri, bajri, kankar, wet/slush earth,
underwater excavation wherever required,
re-handling etc in all lead and lifts . The
area where good earth is to be filled shall
be cleared of grass, roots, all kinds of
vegetation with uprooting. The earthwork
shall include all leads & lifts. The
excavated good earth shall be used for
earthwork in filling on side slopes, berm
etc and the excess quantity of excavated
earth shall be disposed off up to 0.500 km
as directed with proper leveling, dressing
and in proper shape. The rate includes
providing
equipments,
manpower,
carriage, re-handling, loading, unloading,
Taxes etc. inclusive of providing lighting
required for proper completion of work,
1.00Km, dressing the surface to required
level and grades including royalty etc.
manpower, carriage, re-handling, loading,
unloading, mechanical vibro compaction
in filling work, Moistening/ watering, all
T&P, taxes etc. inclusive of providing
lighting arrangement or any other
activities required for proper completion
of work. excluding dewatering.
cum
319825.00
cum
36300.00
2
3
4
5
of under drainage filter material, making
CC Sleepers, laying cement concrete
lining works etc. including installations
of deep boring for providing dewatering
diesel pumps each of minimum 100 HP
capacity required as per site conditions to
includes cost of all materials required for
of pumps, T&P, etc. required for effective
dewatering and proper delivery as
directed to complete the work. (metered
installation is compulsory for payment &
authentication).
required F.M. as filter material for underdrainage
arrangement
drawing .
arrangement
(transverse/
shuttering charges labour charges, T&P,
Ttxes, Royalty etc. required for proper
drawing .
a. 4mm to 10mm
b. 10mm to 20mm
c. 20mm to 40mm
6
7
(longitudinal/ transverse drain) including
carriage, stacking,
cutting, jointing,
coupling etc. including labour charges,
T&P, taxes, etc. required for proper
drawing .
stacking, cutting, jointing, coupling etc.
including labour charges, T&P, taxes, etc.
79
cum
2506560.00
cum
19510.00
cum
15710.00
cum
15710.00
cum
34670.00
cum
111770.00
cum
1110.00
80
with proper over lapping including cost of
material, labour charges, T&P, taxes, etc.
approved drawing with approved quality
of coarse sand of F.M. more than 2.00
and 20mm graded coarse aggregate
dewatering.
density including cost of material, labour
charges, T&P, Taxes, Royalty etc.
includes sub grade preparation, dressing
12
M20A20 in lining work using paver
design,
excluding supply and
placement of nominal reinforcement
but including cost of all materials,
labour charges, curing work, T&P,
taxes etc. required for proper
completion of the work as per
approved drawing in all conditions of
site excluding dewatering work. The
rate includes mechanical mixing,
mechanical vibration of CC, laying
CC using Paver machine, batching
and mixing plant, transit mixer,
laying/spreading CC using conveyor
belt etc.
13
longitudinal as well as tansverse
material, fixing in position during laying
CC in lining using paver machine, all
taxes, T& P etc. required for proper
8
9
10
11
cum
53215.00
cum
5140.00
cum
50110.00
cum
650545.00
cum
83085.00
cum
136355.00
81
completion of work.
14
mixining and needle vibration including
cost of all material, labour charges, T&P,
Taxes, Equipments involved. The rate
includes cost of earthwork in excavation
in all type of soils including backfilling,
rentage/cost of steel centring/ shuttring
for earthwork & concrete placement, cost
of
material
including
laying
fitted at top for safety but excluding cost
of dewatering charges, if any.
No.
19
Grand Total
Bill No.
Bill No. 1
Description
Page
Amount
Ganga Canal (PGLC).
i) All Provisional Sums are to be expended in whole or in part at the direction and discretion of the
Engineer in accordance with Sub-Clause 13.5 of the Conditions of Contract.
82
Bill of Quantity
S.N
o.
Discription of Work
Uni
t
Quantity
Rate
per unit
Amo
unt
Amou
nt in
crores
1
2
3
4
5
6
7
1
excavation wherever required, re-handling etc
in all lead and lifts . The area where good
loading,
unloading, mechanical vibro
land in lead up to 1.00Km, dressing the
surface to required level and grades including
loading,
unloading, mechanical vibro
work. Excluding dewatering.
cum
258325.00
cum
29325.00
cum
1503935.00
2
3
Dewatering works for Earthwork, laying of under
drainage filter material, making CC Sleepers,
laying cement concrete lining works etc. including
installations of deep boring for providing
dewatering diesel pumps each of minimum 100 HP
capacity required as per site conditions to regulate
effective dewatering. The item includes cost of all
materials required for boring/ dewatering system,
cost/ rentals/ maintenance/ repair/operational
charges of pumps, T&P, etc. required for effective
4
5
6
7
8
9
10
11
12
Dismantling existing boulder pitching on side
slopes with proper stacking of dismantled material
within a distance of 100 m as directed by the
Engineer-in-charge including cost of labour
charges, T&P, machinery, etc. required for proper
completion of the work.
Supplying and laying coarse sand of required F.M.
as filter material for under-drainage arrangement
(traverse/longitudinal/ collectingdrains) below
lining including cost of material, labour charges,
shuttering charges T&P, Taxes, Royalty etc.
approved drawing .
Supplying and laying of gravel filter material of
approved grading for under-drainage arrangement
(transverse/ longitudinal/ collecting drains) below
shuttering charges labour charges, T&P, Ttxes,
Royalty etc. required for proper completion of the
a. 4mm to 10mm
83
cum
755.00
cum
15870.00
cum
12725.00
b. 10mm to 20mm
cum
12725.00
c. 20mm to 40mm
cum
28010.00
cum
90375.00
cum
820.00
cum
42990.00
cum
4155.00
cum
40480.00
cum
525540.00
system (longitudinal/ transverse drain) including
carriage, stacking, cutting, jointing, coupling etc.
including labour charges, T&P, taxes, etc. required
for proper completion of the work as per approved
drawing .
system (connecting drain) including carriage,
stacking, cutting, jointing, coupling etc. including
labour charges, T&P, taxes, etc. required for proper
completion of the work as per approved drawing .
Supplying and laying hessian cloth (unwoven filter
cloth) for wrapping around longitudinal
placement with proper over lapping including cost
of material, labour charges, T&P, taxes, etc.
approved drawing .
Providing and laying cement concrete of M15A20
mix for making sleepers as per approved drawing
with approved quality of coarse sand of F.M. more
than 2.00 and 20mm graded coarse aggregate
curing work, T&P, taxes etc. required for proper
completion of the work in all conditions of site
Supplying and laying local available Ganga sand
below lining with proper compaction to achieve
70% relative density including cost of material,
labour charges, T&P, Taxes, Royalty etc. required
for proper completion of the works as per approved
drawing . The rate includes sub grade preparation,
dressing the surface to required level and grades.
Supplying and laying 200 micron thick LDPE film
below lining, placement with proper over lapping
including cost of material, labour charges, T&P,
84
13
14
15
Providing and laying cement concrete M20A20 in
lining work using paver machine with approved
quality of coarse sand, stone ballast as per mix
of
nominal reinforcement but including cost of all
materials, labour charges, curing work, T&P, taxes
etc. required for proper completion of the work as
per approved drawing in all conditions of site
mechanical mixing, mechanical vibration of CC,
laying CC using Paver machine, batching and
mixing plant, transit mixer, laying/spreading CC
using conveyor belt etc.
in
longitudinal as well as tansverse direction. Spaced
at 10 m/ 9 m as per approved drawing including
cost of all material, fixing in position during laying
CC in lining using paver machine, all taxes, T& P
etc. required for proper completion of work.
Construcrtion of pressure release wells on locations
as per approved drawings using M20A20 cement
concrete with mechanical mixining and needle
vibration including cost of all material, labour
charges, T&P, Taxes, Equipments involved. The
rate includes cost of earthwork in excavation in all
type of soils including backfilling, rentage/cost of
steel centring/ shuttring for earthwork & concrete
reinforcement bars as per approved drawing, cost
of iron mesh/grill to be fitted at top for safety but
excluding cost of dewatering charges, if any.
cum
67120.00
cum
110155.00
No.
14
Grand Total
Bill No.
Bill No. 1
Description
Page
Amount
Ganga Canal (PGLC).
85
Bill of Quantity
S.No.
Discription of Work
Unit
Quantity
Rate per
unit
Amou
nt
Amou
nt in
crores
1
2
3
4
5
6
7
1
Earth work in cutting the canal bed,
side slopes, berms to the designed
section for laying lining, sleepers as
well as under-drainage works. The rate
includes removing jungle / bushes, all
types of soil with charri, bajri, kankar,
wet/slush earth, underwater excavation
wherever required, re-handling etc in
all lead and lifts . The area where good
earth is to be filled shall be cleared of
grass, roots, all kinds of vegetation
with uprooting. The earthwork shall
include all leads & lifts. The excavated
good earth shall be used for earthwork
in filling on side slopes, berm etc and
the excess quantity of excavated earth
directed with proper leveling, dressing
and in proper shape. The rate includes
providing equipments, manpower,
carriage,
re-handling,
loading,
unloading,
mechanical
vibro
compaction
in
filling
work,
Moistening/ watering, all T&P, Taxes
etc. inclusive of providing lighting
required for proper completion of work,
Earthwork in filling/ embankment to
1.00Km, dressing the surface to
equipments, manpower, carriage, rehandling,
loading,
unloading,
taxes etc. inclusive of providing
activities
required
for
proper
completion of work. excluding
dewatering.
cum
165065.00
cum
22620.00
2
86
3
4
5
6
7
Dewatering works for Earthwork,
laying of under drainage filter material,
making CC Sleepers, laying cement
concrete lining works etc. including
installations of deep boring for
providing dewatering diesel pumps
each of minimum 100 HP capacity
required as per site conditions to
includes cost of all materials required
for boring/ dewatering system, cost/
rentals/ maintenance/ repair/operational
charges of pumps, T&P, etc. required
for effective dewatering and proper
work.
(metered
installation
is
compulsory
for
payment
&
authentication).
Dismantling existing boulder pitching
on side slopes with proper stacking of
dismantled material within a distance
of 100 m as directed by the Engineerin-charge including cost of labour
charges, T&P, machinery, etc. required
for proper completion of the work.
under-drainage
arrangement
labour charges, shuttering charges
T&P, Taxes, Royalty etc. required for
approved drawing .
material of approved grading for underdrainage arrangement (transverse/
a. 4mm to 10mm
b. 10mm to 20mm
c. 20mm to 40mm
(longitudinal/
transverse
drain)
approved drawing .
cum
1002625.00
cum
6250.00
cum
12380.00
cum
cum
cum
9870.00
9870.00
21615.00
cum
70000.00
8
9
10
11
12
13
stacking,
cutting, jointing, coupling
drawing .
drain/ collecting drain pipes ,
placement with proper over lapping
including cost of material, labour
approved drawing .
of M15A20 mix for making sleepers as
per approved drawing with approved
quality of coarse sand of F.M. more
than 2.00 and 20mm graded coarse
aggregate including cost of all
materials, labour charges, curing work,
T&P, taxes etc. required for proper
completion of the work in all
conditions
of
site
excluding
dewatering.
The rate includes sub grade
preparation, dressing the surface to
required level and grades.
LDPE film below lining, placement
of material, labour charges, T&P,
drawing.
M20A20 in lining work using paver
design,
excluding
supply
and
placement of nominal reinforcement
but including cost of all materials,
labour charges, curing work, T&P,
taxes etc. required for proper
drawing in all conditions of site
excluding dewatering work. The rate
includes
mechanical
mixing,
mechanical vibration of CC, laying CC
87
cum
350.00
cum
33165.00
cum
3200.00
cum
31215.00
cum
405365.00
cum
47830.00
88
14
15
using Paver machine, batching and
mixing
plant,
transit
mixer,
belt etc.
material, fixing in position during
laying CC in lining using paver
machine, all taxes, T& P etc. required
cum
84965.00
mixining and needle vibration including
cost of all material, labour charges, T&P,
Taxes, Equipments involved. The rate
includes cost of earthwork in excavation in
all type of soils including backfilling,
rentage/cost of steel centring/ shuttring for
earthwork & concrete placement, cost of
material including laying reinforcement
bars as per approved drawing, cost of iron
mesh/grill to be fitted at top for safety but
excluding cost of dewatering charges, if
any.
No.
6
Grand Total
Bill No.
Bill No. 1
Description
Page
Amount
Ganga Canal (PGLC).
89
Bill of Quantity
S.N
o.
Discription of Work
Unit
Quantity
Rate per
unit
Amount
Amou
nt in
crores
1
2
3
4
5
6
7
1
Earth work in cutting the canal bed,
side slopes, berms to the designed
section for laying lining, sleepers as
well as under-drainage works. The
rate includes removing jungle /
bushes, all types of soil with charri,
bajri, kankar, wet/slush earth,
underwater excavation wherever
required, re-handling etc in all lead
and lifts . The area where good earth
is to be filled shall be cleared of
grass, roots, all kinds of vegetation
with uprooting. The earthwork shall
include all leads & lifts. The
excavated good earth shall be used
for earthwork in filling on side
slopes, berm etc and the excess
quantity of excavated earth shall be
disposed off up to 0.500 km as
directed with proper leveling,
dressing and in proper shape. The
rate includes providing equipments,
manpower, carriage, re-handling,
compaction
in
filling
work,
Moistening/ watering, all T&P,
Taxes etc. inclusive of providing
activities required for proper
completion of work, excluding
dewatering.
brought from private land in lead up
to 1.00Km, dressing the surface to
royalty etc. The rate includes
providing equipments, manpower,
carriage,
re-handling,
loading,
unloading,
mechanical
vibro
compaction
in
filling
work,
Moistening/ watering, all T&P, taxes
etc. inclusive of providing lighting
required for proper completion of
work. excluding dewatering.
cum
227860.00
cum
31225.00
2
90
3
4
5
6
7
Dewatering works for Earthwork,
laying of under drainage filter
material, making CC Sleepers, laying
cement concrete lining works etc.
including installations of deep boring
for providing dewatering diesel
pumps each of minimum 100 HP
capacity required as per site
conditions to regulate effective
dewatering. The item includes cost of
all materials required for
boring/
dewatering system, cost/ rentals/
maintenance/
repair/operational
charges of pumps, T&P, etc. required
for effective dewatering and proper
work. (metered installation is
compulsory
for
payment
&
authentication).
under-drainage
arrangement
collectingdrains)
below
lining
charges, shuttering charges T&P,
Taxes, Royalty etc. required for
approved drawing .
material of approved grading for
under-drainage
arrangement
(transverse/ longitudinal/ collecting
drains) below lining. The item
includes cost of material, shuttering
charges labour charges, T&P, Ttxes,
Royalty etc. required for proper
approved drawing .
a. 4mm to 10mm
cum
1503935.00
cum
16900.00
cum
13620.00
b. 10mm to 20mm
cum
13620.00
c. 20mm to 40mm
cum
29840.00
(longitudinal/
transverse
drain)
jointing, coupling etc. including
labour charges, T&P, taxes, etc.
stacking, cutting, jointing, coupling
cum
96650.00
cum
465.00
8
9
10
11
12
approved drawing .
drain/ collecting drain pipes ,
approved drawing .
Providing and laying cement
concrete of M15A20 mix for making
sleepers as per approved drawing
with approved quality of coarse sand
of F.M. more than 2.00 and 20mm
graded coarse aggregate including
cost of all materials, labour charges,
curing work, T&P, taxes etc. required
for proper completion of the work in
all conditions of site excluding
dewatering.
The rate includes sub grade
preparation, dressing the surface to
required level and grades.
Supplying and laying 200 micron
thick LDPE film below lining,
approved drawing.
Providing and laying cement
concrete M20A20 in lining work
using paver machine with approved
quality of coarse sand, stone ballast
as per mix design, excluding supply
and
placement
of
nominal
reinforcement but including cost of
all materials, labour charges, curing
work, T&P, taxes etc. required for
approved drawing in all conditions of
site excluding dewatering work. The
rate includes mechanical mixing,
mechanical vibration of CC, laying
CC using Paver machine, batching
and mixing plant, transit mixer,
belt etc.
91
cum
45785.00
cum
4420.00
cum
43100.00
cum
559610.00
cum
66030.00
92
13
14
Laying PVC joints of approved
quality in longitudinal as well as
tansverse direction. Spaced at 10 m/
9 m as per approved drawing
including cost of all material, fixing
in position during laying CC in lining
using paver machine, all taxes, T& P
work.
Construcrtion of pressure release
wells on locations as per approved
drawings using M20A20 cement
concrete with mechanical mixining
and needle vibration including cost
of all material, labour charges, T&P,
Taxes, Equipments involved. The
rate includes cost of earthwork in
excavation in all type of soils
including backfilling, rentage/cost of
steel
centring/
shuttring
for
earthwork & concrete placement,
cost of material including laying
fitted at top for safety but excluding
cost of dewatering charges, if any.
cum
117295.00
No.
8
Grand Total
Bill No.
Bill No. 1
Description
Page
Amount
Ganga Canal (PGLC).
93
Bill of Quantity
S.No.
Discription of Work
Unit
Quantity
Rate
per
unit
Amou
nt
Amou
nt in
crores
1
2
3
4
5
6
7
1
excavation wherever required, re-handling
etc in all lead and lifts . The area where good
equipments, manpower, carriage, rehandling, loading, unloading, mechanical
vibro compaction in filling work,
Moistening/ watering, all T&P, Taxes etc.
inclusive of providing lighting arrangement
or any other activities required for proper
completion of work, excluding dewatering.
section by the good earth brought from
private land in lead up to 1.00Km, dressing
the surface to required level and grades
including royalty etc. The rate includes
providing equipments, manpower, carriage,
re-handling, loading, unloading, mechanical
vibro compaction in filling work,
Moistening/ watering, all T&P, taxes etc.
inclusive of providing lighting arrangement
or any other activities required for proper
completion of work. excluding dewatering.
cum
190845.00
cum
26150.00
2
94
3
4
5
Sleepers, laying cement concrete lining
works etc. including installations of deep
boring for providing dewatering diesel
pumps each of minimum 100 HP capacity
required as per site conditions to regulate
effective dewatering. The item includes cost
of all materials required for
boring/
dewatering
system,
cost/
rentals/
maintenance/ repair/operational charges of
pumps, T&P, etc. required for effective
arrangement
collectingdrains) below lining including cost
of material, labour charges, shuttering
charges T&P, Taxes, Royalty etc. required
for proper completion of the work as per
approved drawing .
arrangement
(transverse/
longitudinal/
required for proper completion of the work
as per approved drawing .
a. 4mm to 10mm
b. 10mm to 20mm
c. 20mm to 40mm
6
7
8
P.V.C pipes of approved quality for underdrainage system (longitudinal/ transverse
drain) including carriage, stacking, cutting,
drawing .
carriage, stacking,
cutting, jointing,
coupling etc. including labour charges, T&P,
taxes, etc. required for proper completion of
the work as per approved drawing .
(unwoven filter cloth) for wrapping around
longitudinal drain/transverse drain/ collecting
drain pipes , placement with proper over
drawing .
cum
1002625.00
cum
14235.00
cum
11390.00
cum
11390.00
cum
24990.00
cum
80925.00
cum
410.00
cum
38345.00
9
10
11
12
13
14
coarse sand of F.M. more than 2.00 and
20mm graded coarse aggregate including
cost of all materials, labour charges, curing
work, T&P, taxes etc. required for proper
completion of the work in all conditions of
site excluding dewatering.
achieve 70% relative density including cost
of material, labour charges, T&P, Taxes,
Royalty etc. required for proper completion
of the works as per approved drawing . The
rate includes sub grade preparation, dressing
as per approved drawing.
M20A20 in lining work using paver machine
with approved quality of coarse sand, stone
ballast as per mix design, excluding supply
and placement of nominal reinforcement
but including cost of all materials, labour
as per approved drawing in all conditions of
site excluding dewatering work. The rate
includes mechanical mixing, mechanical
vibration of CC, laying CC using Paver
machine, batching and mixing plant, transit
mixer, laying/spreading CC using conveyor
belt etc.
Spaced at 10 m/ 9 m as per approved
drawing including cost of all material, fixing
in position during laying CC in lining using
paver machine, all taxes, T& P etc. required
mixining and needle vibration including cost
of all material, labour charges, T&P, Taxes,
Equipments involved. The rate includes cost
of earthwork in excavation in all type of soils
charges, if any.
95
cum
3700.00
cum
36090.00
cum
468670.00
cum
55300.00
cum
98235.00
No.
7
96
Gand total
Bill No.
Bill No. 1
Description
Page
Amount
Ganga Canal (PGLC).
97
Bill of Quantity
S.No.
Discription of Work
Unit
Quantity
Rate
per
unit
Amo
unt
Amou
nt in
crores
1
2
3
4
5
6
7
1
slopes, berms to the designed section for laying
lining, sleepers as well as under-drainage
works. The rate includes removing jungle /
bushes, all types of soil with charri, bajri,
kankar, wet/slush earth, underwater excavation
wherever required, re-handling etc in all lead
and lifts . The area where good earth is to be
filled shall be cleared of grass, roots, all kinds
of vegetation with uprooting. The earthwork
shall include all leads & lifts. The excavated
good earth shall be used for earthwork in filling
on side slopes, berm etc and the excess quantity
of excavated earth shall be disposed off up to
0.500 km as directed with proper leveling,
dressing and in proper shape. The rate includes
providing equipments, manpower, carriage, rehandling, loading, unloading, mechanical vibro
land in lead up to 1.00Km, dressing the surface
to required level and grades including royalty
etc. The rate includes providing equipments,
manpower, carriage, re-handling, loading,
unloading, mechanical vibro compaction in
filling work, Moistening/ watering, all T&P,
taxes etc. inclusive of providing lighting
arrangement or any other activities required for
proper completion of work. Excluding
dewatering.
Sleepers, laying cement concrete lining works
etc. including installations of deep boring for
providing dewatering diesel pumps each of
minimum 100 HP capacity required as per site
conditions to regulate effective dewatering.
The item includes cost of all materials required
for boring/ dewatering system, cost/ rentals/
maintenance/ repair/operational charges of
cum
423800.00
cum
57990.00
cum
4010495.00
2
3
98
4
5
6
7
8
9
pumps, T&P, etc. required for effective
arrangement
collectingdrains) below lining including cost of
material, labour charges, shuttering charges
T&P, Taxes, Royalty etc. required for proper
drawing .
arrangement
(transverse/
longitudinal/
a. 4mm to 10mm
cum
30590.00
cum
25040.00
b. 10mm to 20mm
cum
25040.00
c. 20mm to 40mm
cum
55385.00
cum
178400.00
cum
1925.00
cum
85000.00
cum
8210.00
P.V.C pipes of approved quality for underdrainage system (longitudinal/ transverse drain)
including carriage, stacking, cutting, jointing,
coupling etc. including labour charges, T&P,
carriage, stacking, cutting, jointing, coupling
etc. including labour charges, T&P, taxes, etc.
Supplying and laying hessian cloth (unwoven
filter cloth) for wrapping around longitudinal
placement with proper over lapping including
cost of material, labour charges, T&P, taxes,
etc. required for proper completion of the work
as per approved drawing .
coarse sand of F.M. more than 2.00 and 20mm
graded coarse aggregate including cost of all
materials, labour charges, curing work, T&P,
taxes etc. required for proper completion of the
dewatering.
10
11
12
13
14
achieve 70% relative density including cost of
material, labour charges, T&P, Taxes, Royalty
includes sub grade preparation, dressing the
surface to required level and grades.
Supplying and laying 200 micron thick LDPE
film below lining, placement with proper over
drawing.
Providing and laying cement concrete M20A20
in lining work
using paver machine with
approved quality of coarse sand, stone ballast
as per mix design, excluding supply and
placement of nominal reinforcement but
proper completion of the work as per approved
drawing in all conditions of site excluding
dewatering work. The rate includes mechanical
mixing, mechanical vibration of CC, laying CC
using Paver machine, batching and mixing
plant, transit mixer, laying/spreading CC using
conveyor belt etc.
Spaced at 10 m/ 9 m as per approved drawing
including cost of all material, fixing in position
during laying CC in lining using paver
machine, all taxes, T& P etc. required for
proper completion of work.
mixining and needle vibration including cost of
all material, labour charges, T&P, Taxes,
Equipments involved. The rate includes cost of
earthwork in excavation in all type of soils
charges, if any.
99
cum
80075.00
cum
1039330.00
cum
122630.00
cum
217850.00
No.
33
Grand Total
100
Bill No.
Bill No. 1
Description
Page
Amount
Ganga Canal (PGLC).
101
Technical Proposal
-
Site Organization
-
Method Statement
-
Mobilization Schedule
-
Construction Schedule
102
-
Bidders Qualification without prequalification
Toestablish its qualifications to perform the contract in accordance with
Section III (Evaluation and Qualification Criteria) the Bidder shall provide the
information requested in the corresponding Information Sheets included hereunder.
103
Form ELI- 1.1
Bidder Information Form
Date: _________________
ICB No. and title: _________________
Page__________of _______________pages
Bidder's name
In case of Joint Venture (JV), name of each member:
Bidder's actual or intended country of registration:
[indicate country of Constitution]
Bidder's actual or intended year of incorporation:
Bidder's legal address [in country of registration]:
Bidder's authorized representative information
Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration ofthe legal entity named above, in accordance with ITB 4.3.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
 In case of Government-owned enterprise or institution, in accordance with ITB
4.5documents establishing:
 Legal and financial autonomy
 Operation under commercial law
 Establishing that the Bidder is not dependent agency of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.
104
Form ELI- 1.2
Bidder's JV Information Form
(to be completed for each member of Bidder’s JV)
Date: _______________
ICB No. and title: __________________
Page _______________of ____________pages
Bidder’sJV name:
JV member’sname:
JV member’s country of registration:
JV member’s year of constitution:
JV member’s legal address in country of constitution:
JV member’s authorized representative information
Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/orregistration
documents of thelegal entity named above, in accordance with ITB 4.3.
 In case of a Government-owned enterprise or institution, documents establishing legal and financial
autonomy, operation in accordance with commercial law, and absence of dependent status, in
accordance with ITB 4.5.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
105
Form CON- 2
Historical Contract Non-Performance, Pending
Litigation and Litigation History
[The following table shall be filled in for the Applicant and for each member of a Joint
Venture]
Applicant’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Party Name:[insertfull name]
ICB No. and title: [insert ICB number and title]
Page [insert page number] of [insert total number] pages
Non-Performed Contracts in accordance with Section III, Qualification Criteria and
Requirements
 Contract non-performance did not occur since 1st January [insert year] specified in Section III,
Qualification Criteria and Requirements, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Qualification
Criteria and Requirements, requirement 2.1
Year
[insert
year]
Nonperformed
portion of
contract
Contract Identification
[insert amount Contract Identification: [indicate complete contract
and percentage] name/ number, and any other identification]
Total Contract
Amount (current
value, currency,
exchange rate and
US$ equivalent)
[insert amount]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non performance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements
 No pending litigation in accordance with Section III, Qualification Criteria and Requirements, SubFactor 2.2.
 Pending litigation in accordance with Section III, Qualification Criteria and Requirements,
SubFactor 2.2 as indicated below.
106
Year of
dispute
[insert
year]
Amount in dispute
(currency)
[insert amount]
Contract Identification: [indicate complete
contract name, number, and any other
identification]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues in
dispute]
Party who initiated the dispute: [indicate
―Employerǁ or ―Contractorǁ]
Total Contract
Amount
(currency), USD
Equivalent
(exchange rate)
[insert amount]
Status of dispute: [Indicate if it is being
treated by the Adjudicator, under
Arbitration or being dealt with by the
Judiciary]

No litigation history in accordance with Section III, Qualification Criteria and Requirements,
Sub-Factor 2.2.

Litigation history in accordance with Section III, Qualification Criteria and Requirements, SubFactor 2.2 as indicated below.
Year of
Outcome as
Total Contract
award
percentage of Net
Amount
Worth
(currency), USD
Equivalent
(exchange rate)
[insert
[insert percentage]
Contract Identification: [indicate complete
[insert amount]
contract name, number, and any other
year]
identification]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues in
dispute]
Party who initiated the dispute: [indicate
―Employerǁ or ―Contractorǁ]
Status of dispute: [Indicate if it is being
treated by the Adjudicator, under Arbitration
or being dealt with by the Judiciary]
107
Form FIN- 3.1
Financial Situation and Performance
Bidder’s Name: ________________
Date: ______________________
JV Member Name_________________________
ICB No. and title: ___________________________
Page _______________of ______________pages
1. Financial data
Type of Financial information
in
(currency)
Historic information for previous _________years,
______________
(amount in currency, currency, exchange rate, USD
equivalent)
Year 1
Year 2
Year 3
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)
Total Liabilities (TL)
Total Equity/Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Working Capital (WC)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)
Cash Flow Information
Cash Flow from Operating
Activities
Year4
Year 5
108
2. Sources of Finance
Specify sources of finance to meet the cash flow requirements on works currently
in progress and for future contract commitments.
No.
Source of finance
Amount (US$ equivalent)
1
2
3
2. Financial documents
The Bidder and its parties shall provide copies of financial statements for [number]years
pursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.2. The financial
statements shall:
(a) reflect the financial situation of the Bidder or in case of JV member , and not an
affiliated entity (such as parent company or group member).
(b) be independently audited or certified in accordance with local legislation.
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited.
 Attached are copies of financial statements12 for the ____________years required
above; and complying with the requirements
12
If the most recent set of financial statements is for a period earlier than 12 months from the date of
bid, the reason for this should be justified.
109
Form FIN- 3.2
Average Annual Construction Turnover
Bidder’s Name: ________________
Date: ______________________
JV Member Name_________________________
ICB No. and title: ___________________________
Page _______________of ______________pages
Annual turnover data (construction only)
Year
Amount
Exchange rate
USD equivalent
Currency
[indicate
year]
[insert
amount
indicate currency]
and
Average
Annual
Construction
Turnover *
*
See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.
110
Form FIN – 4: Current Contract Commitments / Works in Progress
Bidders and each partner to a JV should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent
or acceptance has been received, or for contracts approaching completion, but for
which an unqualified, full completion certificate has yet to be issued.
Current Contract Commitments
Sl.No
Name of
Contract
Employer’s
Contact
Address,
Tel, Fax
Value as
per
Contract
Price
Value of
Outstanding
Work
[Current
US$
Equivalent]
Value at
2014-15
Price
level
Average
Monthly
Estimated Invoicing
Completio Over Last Six
n Date
Months
[US$/month)]
1
2
3
4
5

The Bidder shall provide evidence to substantiate the adequacy of the sources of Finance to meet
the bidders cash flow requirements on the above Contracts.
Value at 2014-15 Price level of existing and on going works to be completed during the next 30
months of Contract.
Sl.
No
Name of Contract
Value of commitments to be completed during the next
18 Months
As per contract price
At 2014-15 price level*
* Costs of works of previous years shall be given weightage of 8% per year to bring them to
2014-15 price level
111
Form EXP- 4.1
General Construction Experience
[The following table shall be filled in for the Applicant and in the case of a JV Applicant,
each Member]
Applicant's/Joint Venture Member's Name: [insert full name]
Applicant JV Party Name: [insert full name]
ICB No. and title: [insert ICB number]
[Identify contracts that demonstrate continuous construction work over the past [number]
years pursuant to Section III, Qualification Criteria and Requirements, Sub-Factor 4.1.List
contracts chronologically, according to their commencement (starting) dates.]
Starting Ending
Role of Applicant
Year
Year
[indicate
year]
[indicate Contract name: [insert full name]
year]
Brief Description of the Works performed by the
Applicant: [describe works performed briefly]
Amount of contract: [insert amount in currency,
mention currency used, exchange rate and US$
equivalent*]
Name of Employer: [indicate full name]
Address: [indicate street/number/town or city/country]
[insert "Prime
Contractorǁ or ―JV
Memberǁ or
"Sub-contractorǁ or
"Management
Contractorǁ]
Contract name: [insert full name]
equivalent*]
[insert "Prime
Memberǁ or
"Management
Contractorǁ]
Contract name: [insert full name]
equivalent*]
[insert "Prime
Memberǁ or
"Management
Contractorǁ]
* Refer ITA 14 for date and source of exchange rate:
112
Form EXP- 4.2(a)
Specific Construction and Contract Management
Experience
[The following table shall be filled in for contracts performed by the Applicant, each member
of a Joint Venture, and Specialized Sub-contractors]
Applicant's/Joint Venture Member's Name: [insert full name]
JV Party Name: [insert full name]
Information
Similar Contract No.
[insert number] of [insert number of
similar contracts required]
[insert contract name and number, if applicable]
Award date
Completion date
Role in Contract
[check the appropriate box]
Total Contract Amount
[insert day, month, year, i.e., 15 June, 2015]
[insert day, month, year, i.e., 03 October, 2017]
Prime
Contractor
Member in
JV
Management
Contractor
Subcontractor
If member in a JV or subcontractor,
specify participation in total Contract
amount
[insert total contract amount in
US$ [insert
local currency]
Exchange rate and total
contract amount in US$
equivalent]*
[insert a
[insert exchange rate and total
percentage [insert total
contract amount in US$
contract amount equivalent]*
amount]
in local
currency]
Employer's Name:
Address:
[insert full name]
[indicate street / number / town or city / country]
Telephone/fax number
[insert telephone/fax numbers, including country and city area
codes]
E-mail:
[insert e-mail address, if available]
* Refer ITA 14 for date and source of exchange rate.
113
Form EXP - 4.2(a) (cont.)
Specific Construction and Contract
Management Experience (cont.)
Similar Contract No.
Information
[insert number] of [insert number of
similar contracts required]
Description of the similarity in
accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount
[insert amount in local currency, exchange rate, US$ in words
and in Figures]
2. Physical size of required works
[insert physical size of items]
items
3. Complexity
[insert description of complexity]
[insert
specific
aspects of the methods/technology involved in
4. Methods/Technology
the contract]
[insert rates and items]
5. Construction rate for key activities
6. Other Characteristics
[insert other characteristics as described in Section
VII, Scope of Works]
114
Form EXP- 4.2(b)
Construction Experience in Key Activities
Applicant's Name: [insert full name]
Applicant's Party Name: [insert full name]
Sub-contractor's Name13 (as per ITA 24.2 and 24.3): [insert full name]
All Sub-contractors for key activities must complete the information in this form as per ITA
24.2 and 24.3 and Section III, Qualification Criteria and Requirements, Clause 4.2.
1.
Key Activity No. One: [insert brief description of the Activity, emphasizing its
specificity]
Total Quantity of Activity under the contract: _____________________________________
Information
[insert contract name and number, if applicable]
Award date
[insert day, month, year, i.e., 15 June, 2015]
Completion date
Role in Contract
[check the appropriate box]
[insert day, month, year, i.e., 03 October, 2017]
Total Contract Amount
Quantity (Volume, number or rate of
production, as applicable) performed
under the contract per year or part of the
year
[Insert extent of participation indicating
actual quantity of key activity successfully
completed in the role performed]
Year 1
Year 2
Year 3
Year 4
13
If applicable
Prime
Contractor
Member in
JV
Management
Contractor
Subcontractor
US$ [insert exchange
[insert total contract amount rate and total contract
in contract currency(ies)]
amount in US$
equivalent]
Total quantity in Percentage participation
Actual
the contract
(ii)
Quantity
(i)
Performed
(i) x (ii)
115
Employer’s Name:
[insert full name]
Address:
[indicate street / number / town or city / country]
Telephone/fax number
[insert telephone/fax numbers, including country and
city area codes]
E-mail:
[insert e-mail address, if available]
2.
Activity No. Two
3.
…………………
Information
Description of the key activities in
accordance with Sub-Factor 4.2(b) of
Section III:
[insert response to inquiry indicated in left column]
116
Form EQU- Equipment
The Applicants shall provide adequate information to demonstrate clearly that it has
the capability to meet the requirements for the key equipment listed in Section III
(Evaluation and Qualification Criteria). A separate Form shall be prepared for each
item of equipment listed, or for alternative equipment proposed by the applicant.
Item of Equipment
Equipment
Information
Name of manufacturer
Model and power rating
Capacity
Year of manufacture
Current Status Current location
Details of current commitments
Source
Indicate source of the equipment
Owned Rented Leased
Specially manufactured
Omit the following information for equipment owned by theapplicant..
Owner
Name of owner
Address of owner
Agreements
Telephone
Contact name and title
Fax
Telex
Details of rental / lease / manufacture agreements specific to the project
117
Personnel
Form PER- 1: Proposed Personnel
Applicants should provide the names of suitably qualified personnel to meet the specified
requirements stated in Section III (Evaluation and Qualification Criteria). The data on their
experience should be supplied using the Form below for each candidate.
Title of position*
1.
Name
Title of position*
2.
Name
Title of position*
3.
Name
Title of position*
4.
Name
Form PER – 2: Resume of Proposed Personnel
Position
Personnel
information
Name
Date of birth
Present
employment
Name of employer
Professional qualifications
Address of employer
Telephone
Contact (manager / personnel officer)
Fax
E-mail
Job title
Years with present employer
Summarize professional experience in reverse chronological order. Indicate particular
technical and managerial experience relevant to the project.
From
To
Company / Project / Position / Relevant technical and management experience
118
Form of Bid Security
(Demand Guarantee)
__________________________
Beneficiary: __________________________
Invitation for Bids No:________________________________________
Date: __________________________
BID GUARANTEE No.: __________________________
Guarantor: ________________________________________________
We have been informed that __________________________ (hereinafter called "the
Applicant") has submitted or will submit to the Beneficiary its bid (hereinafter called
"the Bid") for the execution of ________________ under Invitation for Bids No.
___________ (“the IFB”).
Furthermore, we understand that, according to the Beneficiary’s conditions, bids must
be supported by a bid guarantee.
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to
pay the Beneficiary any sum or sums not exceeding in total an amount of
___________ (____________) upon receipt by us of the Beneficiary’s complying
demand, supported by the Beneficiary’s statement, whether in the demand itself or a
separate signed document accompanying or identifying the demand, stating that either
the Applicant:
(a)
has withdrawn its Bid during the period of bid validity set forth in the
Applicant’s Letter of Bid (“the Bid Validity Period”), or any extension
thereto provided by the Applicant; or
(b)
having been notified of the acceptance of its Bid by the Beneficiary during the
Bid Validity Period or any extension thereto provided by the Applicant, (i) has
failed to execute the contract agreement, or (ii) has failed to furnish the
performance security,, in accordance with the Instructions to Bidders (“ITB”) of
the Beneficiary’s bidding document.
This guarantee will expire: (a) if the Applicant is the successful bidder, upon our
receipt of copies of the contract agreement signed by the Applicant and the
performance security issued to the Beneficiary in relation to such contract agreement;
or (b) if the Applicant is not the successful bidder, upon the earlier of (i) our receipt
of a copy of the Beneficiary’s notification to the Applicant of the results of the
bidding process; or (ii)twenty-eight days after the end of theBid Validity Period.
Consequently, any demand for payment under this guarantee must be received by us
at the office indicated above on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees(URDG) 2010
Revision, ICC Publication No. 758.
_____________________________
[signature(s)]
119
120
Form of Bid Securing DeclarationNOT APPLICABLE
Date: ________________
Bid No.: ________________
Alternative No.: ________________
To:
We, the undersigned, declare that:
We understand that, according to your conditions, bids must be supported by a BidSecuring Declaration.
We accept that we will automatically be suspended from being eligible for bidding in
any contract with the entity that invited Bids for the period of time of
______________ starting on _________, if we are in breach of our obligation(s)
under the bid conditions, because we:
(a)
have withdrawn our Bid during the period of bid validity specified in the Letter
of Bid; or
(b)
having been notified of the acceptance of our Bid by the Employer during the
period of bid validity, (i) fail or refuse to execute the Contract, if required, or
(ii) fail or refuse to furnish the Performance Security, in accordance with the
ITB.
We understand this Bid-Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of our Bid.
Name of the Bidder*
Name of the person duly authorized to sign the Bid on behalf of the Bidder**
_______
Title of the person signing the Bid
__________________
Signature of the person named above
__________________
Date signed ________________________________ day of ___________________,
*: In the case of the Bid submitted by joint venture specify the name of the Joint
Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder
attached to the Bid
[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to
the Joint Venture that submits the bid.]
121
Section V. Eligible Countries
Eligibility for the Provision of Goods, Works and Non Consulting Services in
Bank-Financed Procurement
1.
In reference to ITB4.7 and 5.1, for the information of the Bidders, at the present time
firms, goods and services from the following countries are excluded from this bidding
process:
Under ITB4.7(a) and 5.1:
“none”
Under ITB4.7(b) and 5.1:
“none”
123
Section VI. Bank Policy - Corrupt and
Fraudulent Practices
Guidelines for Procurement of Goods, Works, and Non-Consulting Services under IBRD
Loans and IDA Credits & Grants by World Bank Borrowers, dated January 2011.
“Fraud and Corruption:
1.16 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans),
bidders, suppliers, contractors and their agents (whether declared or not), sub-contractors,
sub-consultants, service providers or suppliers, and any personnel thereof, observe the
highest standard of ethics during the procurement and execution of Bank-financed
contracts.14 In pursuance of this policy, the Bank:
(a)
defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;15;
(ii)
“fraudulent practice” is any act or omission, including a misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to
obtain a financial or other benefit or to avoid an obligation;16
(iii)
“collusive practice” is an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the actions
of another party;17
(iv)
“coercive practice” is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;18
(v)
"obstructive practice" is
(aa) deliberately destroying, falsifying, altering, or concealing of
evidence material to the investigation or making false statements to
investigators in order to materially impede a Bank investigation into
14
In this context, any action to influence the procurement process or contract execution for undue advantage is
improper.
15
For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the
procurement process or contract execution. In this context, “public official” includes World Bank staff and
employees of other organizations taking or reviewing procurement decisions.
16
For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and
“obligation” relate to the procurement process or contract execution; and the “act or omission” is intended
to influence the procurement process or contract execution.
17
For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (including
public officials) attempting either themselves, or through another person or entity not participating in the
procurement or selection process, to simulate competition or to establish bid prices at artificial, noncompetitive levels, or are privy to each other’s bid prices or other conditions.
18
For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contract
execution.
allegations of a corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation, or
(bb) acts intended to materially impede the exercise of the Bank’s
inspection and audit rights provided for under paragraph 1.16(e)
below.
19
(b)
will reject a proposal for award if it determines that the bidder recommended for
award, or any of its personnel, or its agents, or its sub-consultants, subcontractors, service providers, suppliers and/or their employees, has, directly or
indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
(c)
will declare misprocurement and cancel the portion of the loan allocated to a
contract if it determines at any time that representatives of the Borrower or of a
recipient of any part of the proceeds of the loan engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices during the procurement or the
implementation of the contract in question, without the Borrower having taken
timely and appropriate action satisfactory to the Bank to address such practices
when they occur, including by failing to inform the Bank in a timely manner at
the time they knew of the practices;
(d)
will sanction a firm or individual, at any time, in accordance with the prevailing
Bank’s sanctions procedures,19 including by publicly declaring such firm or
individual ineligible, either indefinitely or for a stated period of time: (i) to be
awarded a Bank-financed contract; and (ii) to be a nominated20;
(e)
will require that a clause be included in bidding documents and in contracts
financed by a Bank loan, requiring bidders, suppliers and contractors, and their
sub-contractors, agents, personnel, consultants, service providers, or suppliers, to
permit the Bank to inspect all accounts, records, and other documents relating to
the submission of bids and contract performance, and to have them audited by
auditors appointed by the Bank.”
A firm or individual may be declared ineligible to be awarded a Bank financed contract upon: (i) completion
of the Bank’s sanctions proceedings as per its sanctions procedures, including, inter alia, cross-debarment
as agreed with other International Financial Institutions, including Multilateral Development Banks, and
through the application the World Bank Group corporate administrative procurement sanctions procedures
for fraud and corruption; and (ii) as a result of temporary suspension or early temporary suspension in
connection with an ongoing sanctions proceeding. See footnote 14 and paragraph 8 of Appendix 1 of these
Guidelines.
20
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are
used depending on the particular bidding document) is one which has either been: (i) included by the bidder
in its pre-qualification application or bid because it brings specific and critical experience and know-how
that allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by the
Borrower.
Section VI. Bank Policy – Corrupt and Fraudulent Practices
125
127
PART 2 –WORKS REQUIREMENTS
129
Section VII. Works Requirements
Contents
Scope of Works................................................................................................................... 130130
Methodology ....................................................................................................................... 135136
Construction schdule ......................................................................................................... 138139
Site and Other Data ........................................................................................................... 140141
Technical Specification ..................................................................................................... 144145
Drawings ....................................................................................................................................203
130
Scope of Works
The Government of India (GoI)/ Government of Uttar Pradesh (GoUP) has received a credit
from the International Development Association (IDA) toward the cost of the Uttar Pradesh Water
Sector Restructuring Project Phase-II, and it intends to apply part of the proceeds of this credit to
payments under the contract for Cement Concrete Lining using Paver Machine in Parallel Lower
Ganga Canal (PLGC) off taking from Narora Barrage (Distt. Bulandshahar) situated on River Ganga.
PLGC merges into Lower Ganga Canal on upstream of Gopalpur Regulator (Distt. Firozabad). The
quantity of M20A20Cement Concretein Lining in total length ofPLGC(88.850 km.) is 7.66 Lac cum as
detailed below.
Contract No.
Contract
No.-1
Contract
No.-2
Contract
No.-3
ContractNo.4
Contract
No.-5
ContractNo.6
ContractNo.7
Contract
No.-8
Contract
No.-9
Contract
No.-10
Amount in INR (Crores)
(Excluding
contingency
amount)
Quantity of Cement
Concrete Lining (In
cum)
Km. 0.000 to km. 6.600
75.25
58965.00
Km. 6.600 to km. 15.000
96.25
75045.00
Km. 15.000 to km. 23.500
97.60
75940.00
Km. 23.500 to km. 36.300
146.20
1,14,355.00
Km. 36.300 to km. 45.600
105.90
83085.00
Km. 45.600 to km. 53.113
84.50
67120.00
Km. 53.505 to km. 59.300
61.95
47830.00
Km. 59.300 to km. 67.300
85.50
66030.00
Km. 67.300 to km. 74.000
71.10
55300.00
Km. 74.000 to km. 88.858
161.45
1,22,630.00
Chainage of PLGC
Total
7,66,300.00
The key activities under contract would be as under1. Dismantling existing bolder pitching/ lining from km. 0.00 to km. 1.600, brick
lining work on upstream/downstream of Nadrai Aqueduct (km.53.113 to km.
53.505).
2. Earth work in preparation of sub grade for lining workinPLGC.
3. Laying CC sleepers and under drainage filter arrangements including construction
of pressure release well.
4. Laying 120 mm thick local Ganga sand &200 micron thick LDPE film below
lining.
5. Laying CC lining M20 A20having 120 mm thicknessin bed from head to tail & 150
mm thickness on side slopes from Head (Km 0.00) to Nadrai aquaduct (Km.
131
53.113) and 120 mm thickness on side slopes from Nadrai Aquaduct (Km.
53.505) to (Km. 88.850, tail) using Paver machine,transit mixer,batching plant.
6. Construction of pressure Release wells & other related works including
dewatering.
1. Background:
The World Bank aided UPWSRP program is a major water sector reforms initiative for
achieving the objectives of State Water Policy. Sectoral reform in the state water sector in
general and irrigation and drainage sub-sector in particular are the main project intervention
objectives. The UPWSRP was initiated in 2002 and the Phase-I of the program has been
completed. As per the programmatic framework designed for the phased implementation of
the program, the Phase-II of the project is proposed with a view to strengthen and ensure
sustainability of the apex water institutions created during the Phase-I and upscale and extend
the subsector reforms in the irrigation and drainage infrastructure in the Ghagra-Gomti Basin,
in a part of Bundelkhand region and Lower Ganga Canal systeminthe State. An agreement
with the World Bank was signed by the Government of India/ Government of Uttar Pradesh
on 24th October, 2013 for the implementation of UPWSRP-Phase II with credit amounting to
US$ 360 million. This Project became effective on 10th December,2013 and the scheduled
date of completion is 31st October, 2020. The assignment under this Post-Qualification
Document is a part of UPWSRP- Phase II.
2. System Description
LOWER GANGA CANAL SYSTEM
Irrigation facility in the lower part of Ganga Yamuna basin was provided since 1858 through
Etawah Branch, Kanpur Branch systems off taking from tail of Upper Ganga Canal (UGC).
However with agricultural development, the lower part of UGC started suffering and facing
water scarcity. As such a weir (later converted into barrage in 1967) was constructed near
Narora (District Bulandshahar) on river Ganga and Lower Ganga canal (Present head
discharge 8500 cusecs) from its right bank was conceived, constructed and made functional
in year 02.03.1878(Head discharge-4100 cusecs). In 1898, Fatehpur Branch off taking near
tail of Kanpur branch was constructed to cater the irrigation needs in districts Fatehpur and
Allahabad. Further, irrigation facilities were extended in a part of district Fatehpur by
constructing Ghatampur distributary from the tail of Etawah branch. Further West Allahabad
Branch was constructed and made functional in year 1974 to provide irrigation facilities in
khaki areas of districts Kanpur and Allahabad due to water availability after construction of
LKalagarh Dam on River Ramganga. Subsequent to construction of Ramganaga Dam
(Kalagarh town), the supplies to Lower Ganga canal was increased from 7500 cusecs to 8500
cusecs in year 1974 and afterwards additional water supplies were made available during
Kharif fasal by constructing Parallel lower Ganga Canal which became functional from
07.05.1982. All the pucca works were constructed on PLGC as compatible to the designed
discharge of 8900 cusecs. Lower Ganga Canal system provides irrigation facility to the entire
lower part of the Ganga-Yamuna Basin.
Parallel Lower Ganga Canal:
132
The present assignment comprises of Cement Concrete Lining work in Parallel Lower Ganga
Canal as was enshrined in the original design of the canal.
,
The barrage on river Ganga is situated at Narora (28o12 41‘‘North latitude and 73o32‘44‘‘
East longitude) in the district Bullandshahar which is about 100 km downstream of
Garhmukteshwar. Lower Ganga Canal (LGC)(Designed head discharge-8500
cusecs),Parallel Lower Ganga Canal (PLGC) off takes from Narora barrage. Narora is about
55 Km. East of Bulandshar & about 120 km. From Delhi. Total length of Parallel Lower
Ganga Canal is 88.858 Km. having present design Head discharge of 6280Cusec(unlined
channel). PLGC was constructed and made functional from 07.05.1982 for the first time with
head discharge of 4200 cusecs. All the Pucca structures were constructed for the designed
head discharge of 8900 cusec for final stage lined section. The earthwork in deepening &
widening ofinternal section in PLGC havebeendone&made functional with head discharge of
6480 cusecs from 21.06.2014to achieve the desired canal sections in consonance with the
final stage lined section having design discharge of 8900 cusecs. The Parallel Lower Ganga
Canal offtaking from Narora barrage merges into Lower Ganga Canal on upstream of
Gopalpur Regulator. Parallel lower Ganga canal passes through five districts namely
Bulandshahar, Aligarh, Kasganj, Etah and Firozabad. No canal offtakes from PLGC
throughtout whole length. PLGC only supplements water to Lower Ganga Canal.
Lower Ganga Canal system is a major old irrigation systemhavinggross command area of
around 27 Lac hectares, CCA of 11.50 Lac hectares providing irrigation facilities in 12
districts-Namely Kasganj, Etah, Mainpuri, Firozabad, Farrukhabad, Kannauj, Etawah,
Auraiya, Kanpur Dehat, Kanpur Nagar, Fatehpur and Kausambi. The map of Uttar Pradesh
indicating the benefitted districts/command of LGC system is shown in Drawing appended
below.
Entire Length of the Parallel Lower Ganga Canal is unlined. Old damaged Boulder
pitching on side slopes from km 0.00 to km.1.200 & brick pitching in a length of 1250 m. on
u/s and d/s of Nadrai aquaduct has to be dismantled before laying CC Lining. Earthensection
of PLGC causes significant discharge losses in the form of seepage. The soil characteristics
inregionis sandy silt, sandy clay and silt sandy type. The importance of lining in irrigation
channels with the view to save these losses dominates other factors. Therefore canal lining
plays an increasing role in conserving losses and thereby extends and improves the irrigation
facilities.
133
3.
Rationale of Proposed Interventions
The principal reasons for considering the lining in PLGC are:
(a) Seepage Control
(b) Prevention of Water Logging
134
(c) Increase Hydraulic Efficiency
(d) Enhance Discharging Capacity.
(e) Reduced Operation & Maintenance
3.1.Details of Proposed Work:
3.1.1.General
Looking to the quantum of work and constraint of availability of closure period, the work is
subdivided in 10 (ten)lots as under. The length of lots has been fixed by considering chainage of
existing bridges/syphons on PLGC.
Lot
Reach
of Length Landmark Identification
District
PLGC (km)
(km)
Lot 1
00.000-6.600
6.600
Head regulator to Ramghat Bridge
Bulandshahar
Lot 2
6.600-15.000
8.400
Ramghat Bridge to Piyavli Bridge
Bulandshahar/ Aligarh
Lot 3
15.000-23.500
8.500
Piyavli Bridge to Sakara Bridge
Aligarh
Lot 4
23.500-36.300
12.800
Sakara Bridge to Kheria Bridge
Aligarh/Kasganj
Lot 5
36.300-45.600
9.300
Kheria Bridge to Bhagwantpur Bridge
Kasganj
Lot 6
45.600-53.113
7.513
Bhagwantpur Bridge to Nadrai aqeduct
Kasganj
Lot 7
53.505-59.300
5.795
Nadrai aqueduct to Mirechi Bridge
Kasganj
Lot 8
59.300-67.300
8.000
Mirechi Bridge to Kairon Drain syphon
Etah
Lot 9
67.300-74.00
6.700
Kairon Drain syphon to G.T.Road NH
Sunna Bridge
Etah
Lot 10
74.000-88.858
14.858
G.T.Road NH Sunna Bridge to Tail
Regulator
Etah/Firozabad
Chainage of kali Nadi Nadrai Aqueduct is km.53.113 to km.53.505 (392.00 m.)
3.1.2.Selection Criteria and Types of Lining:
The following factors were considered while selecting the type of lining are:





Economy
Structural Stability
Impermeability
Durability
Reparability
 Fast implementation
Considering above factors the decision on type of lining is taken as under:.
135
Methodology



The works under the proposed contract comprises of M20A20Cement Concrete lining
using paver machine, batching plant, transit mixer.The works also includesearth fill
behind concrete lining for restoration of side slopes/canal bed with proper compaction
using vibro slope compactor, construction of under drainage system below concrete
lining, pressure release wells connected with under drainage system.
Before commencement of work, Cross section at every 50m shall be taken in the
straight reaches and at every 25m in curved reaches jointly by the department and
authorized representative of contractor. The representative of the contractor shall have
to record acceptance of levels taken on MB / Level book before start of excavation
works. The contactor shall report in writing through e-mail that initial levels has been
taken jointly & further work shall commence on such date, so that concerned agencies
can make necessary checking in due time, if they needed and work could not be
delayed due to checking activities. The contractor will establish standard reference
pillars, temporary benchmark pillars (@500m. interval) and connect them with
Existing Permanent Bench marks, before commencing the works of taking cross
sections. The reduced distance and levels should be written on the pillars as per
standard practice.
The Earthwork shall be done by suitable mechanical equipments as well as manually
as per direction of Engineer-in-charge depending upon the site requirement for
deposited silt in canal bed and side slopes. At the same time, fallen earth of side
slope, wherever found, shall be refilled and well compacted by mechanical rollers as
well as manual ramming as per direction of Engineer-in-Charge. After achieving
designed profile of the canal, the levels shall be rechecked jointly by the contractor
and departmental staff. Loose earth in the canal bed and side slopes shall be removed.
Disposal of earth / deposited silt shall be done by tippers / dumpers or any other
suitable equipments as per direction of Engineer in-charge on the berm / restoration of
side slopes in layers of 25cm thickness. Suitability of earth / silt to be used on canal
berm / restoration of side slopes shall be decided by the Engineer-in-Charge. Each
layer shall be added water, if necessary, to obtain required moisture and compaction
shall be done by vibratory rollers to achieve the required density(95% of maximum
dry density by proctor test in case of cohesive soils and 70% relative density in case
of non-cohesive soils). Surplus earth will be disposed off at the sites at suitable
locations as approved by department for which no extra payment shall be made.
Disposed earth shall be spread, levelled& compacted as directed. Additional quantity
of good earth, wherever needed, shall be arranged from the borrow area by the
contractor. Such borrow areas shall be got approved from Engineer in charge.

The sub surface/seepage water would have to be pumped out continuously to
achieve required working condition. Deep boring pumps would have to be installed
on both banks at suitable location/ interval to facilitate dewatering to make workable
dry space thereon. The site condition demands continuous dewatering operations for
continuous work in all season, therefore standby pumping arrangement would have to
be made to avoid hindrance in work due to failure of pumps. It is to be mention here
136








that adequate no. of dewatering pumps shall be needed for execution of earthwork in
sub grade preparation, laying CC sleepers, laying of longitudinal and transverse filters
materials, construction of pressure release wells, laying cement concrete lining using
paver machine. To ascertain the quantum of dewatering and number of diesel
pumping sets required, it is expected that the prospective applicant shall visit the site
to assess the situation for proper computation of requirement of pumping sets.
The work shall have to be started in at least two different locations simultaneously to
complete the work within stipulated time period by utilizing sufficient number of
equipment mentioned in this document. The applicantsshall prepare a reach of about
300m as working space in advance. Before start of excavation in selected reach, the
dewatering shall be done to keep the bed dryfor required working condition.
Now, excavation shall be carried out both for canal lining and filter depth as per
Approved drawings for lining work in canal bed and side slopes for selected reach.
Then excavation shall also be done for the longitudinal and transverse drain as shown
in drawing using proper shuttering. The required canal gradient/slope shall be
maintained for these drains. Utmost care shall be taken by the contractor during
excavation of drains to avoid extra cutting in depth/width. Excavated earth shall be
removed from the canal bed and disposed off on berm/side slope/other location as per
requirement and direction of Engineer- in–Charge.
Longitudinal drains and simultaneously transverse drains shall be filled with coarse
sand layer, gravel filter material of approved grading as shown in approved
drawing.Propershuttering plates/arrangement shall be used so that filter material is
laid in proper layer/size as shown in drawing.The perforated PVC pipes shall be
wrapped with unwoven filter cloth and placed centrally in graded filter as shown in
approved drawing.All pipes coming from transverse/longitudinal drain shall be laid
with required slopes &interconnected with Tees & bends of PVC as per requirement.
Care shall be taken that the gradient of pipe in longitudinal directions shall also be
symmetrical with the gradient of canal or gradient of longitudinal drains. Longitudinal
drain Pipes shall have to be well connected with collecting drainage system.
Then excavation has to be done for laying CC sleepers of size as per approved
drawings in M15A20. Laying of CC sleepers in longitudinal and transverse direction
shall be done in reach as per specified spacing given in drawing.
The next sequence is to place local available Ganga sand as the filter material of 0.12
m thick between the rectangular gaps of longitudinal drains & transverse drains and
CC sleepers. Then 200 micron thick LDPE film shall be laid over filter material, CC
sleepers in selected reach of work. Proper and sufficient overlapping of film shall be
done as per approved drawing.
O.K card system for various stages of work implemented by the department shall
strictly be followed by the contractor. The works executed by contractor shall be
subjected to departmental quality control checking, third party quality control
checking, technical audit of UP Govt. and checking by other agencies as directed by
employer.
Then cement concrete lining should be started in 150mlength or as per suitability of
site condition (decided by engineer-in- charge) using paver machine to the required
137






thickness, level and grade in canal bed and in slope of canal prism as per drawing.
M20A20 Concrete shall be prepared in batching plant and transported by transit mixer
at site. No other type of mixing shall be allowed except batching plant. The concrete
shall be vibrated by using surface/needle type vibrator as per requirement. The top
surface should have a smooth finish and in level at the time of placing of concrete
itself for final required level as per bed grade in canal bed and side slopes. Top
surface shall not be plastered for smooth finish. Sequence of concreting work in bed
& slopes/panelling shall be decided as per site conditions by contractor in
consultation with engineer-in-charge.
End of lining on berm shall be provided with a cut-off wall of size
0.30mX0.30m.using M20A20 concrete.
Pressure release wells shall be constructed on the right berm at prescribed interval
using CC-M20A20 as per approved drawings. The thickness at top shall be 0.20 m and
0.35 m at bottom. The top level of well shall be kept at 2.0 m above FSL of canal and
shall be covered with suitable approved iron mesh over top. Nominal reinforcement
shall be provided as specified in the drawing.
The joint of collecting pipe fixed in pressure release well shall be made water tight.
Proper slope in collecting pipe shall be ensured. Proper drainage outlet system shall
be made as directed so that water collected in pressure release wells is bailed out of
canal part according to site conditions.
Due care shall be taken to form the construction/expansion joint during laying of
Cement Concrete lining work as per approved drawing.
During running of PLGC between contract period, the work of cement concrete lining
which has been executed has to be protected by all necessary arrangements by the
contractor. If any damage caused at end or elsewhrere due to flow in PLGC, it shall
be made good by the contractor at his own cost. No claim or compensation shall be
payable to the contactor.
The contractor has to put earthen bundha at start & end point of concerned reach of
PLGC as per agreement. The safety/security of that bundha shall be sole
responsibility of the contractor to avoid damage of onging work under progress due to
seepage inflow/dewatering inflow from adjacent lot reach of PLGC. The department
shall not bear any loss if any damaged occurred.
The work under the assignment shall be done in three shifts of eight hours, in a day, hence
adequate accommodation and other arrangement is required for working staff, lighting
arrangement and due facilities in cold weather season.
138
Construction schedule
S.
N
o.
Description
Work
1
Earth work for sub grade
preparation in internal
section of PLGC
Laying CC sleepers,
under drainage filter
arrangements / pressure
release wells.
Laying 120/150 mm thick
M20 A20 cement concrete
lining.
Other related works
2
3
4
S.No.
Description
Work
1
of
Lot No.2
PLGC Km. 6.600
to Km. 15.000
Lot No.3
PLGC Km. 15.000
to Km. 23.500
Lot No.4
PLGC Km. 23.500
to Km. 36.300
a… 01stMay, 15
to 30th June, 15
a… 01stMay, 15
a… 01stMay, 15
a… 01stMay, 15
to 30th June, 15
b...1st November,15
to 30th June, 16
th
to 30 June,15
b..1st November,15
to 30th June,16
th
to 30 June,15
b..1st November,15
to 30th June,16
b.. 1st November, 15
to 30th June, 16
Lot No.5
PLGC Km. 36.300
to Km. 45.600
Lot No.6
PLGC Km. 45.600
to Km. 53.113
Earth work for sub
grade preparation in
internal section of
PLGC
Laying CC sleepers,
arrangements
/
pressure
release
wells.
Laying 120/150 mm
thick M20 A20 cement
concrete lining.
Other related works
a… 01st May, 15
to 30th June, 15
a… 01st May, 15
S.No.
Description
Work
Lot No.7
PLGC Km. 53.505
to Km. 59.300
Lot No.8
PLGC Km. 59.300
to Km. 67.300
Lot No.9
PLGC Km. 67.300
to Km. 74.000
Lot No.10
PLGC Km. 74.000
to Km. 88.858
1
Earth work for sub
grade preparation in
internal section of
PLGC
Laying CC sleepers,
arrangements
/
pressure
release
wells.
Laying 120 mm thick
M20
A20
cement
concrete lining.
Other related works
a… 01st May, 15
a… 01st May, 15
to 30th June, 15
a… 01st May, 15
to 30th June, 15
a… 01st May, 15
b.. 1st November,
15 to 30th June, 16
b...1st November,15
to 30th June, 16
2
3
4
2
3
4
of
Lot No.1
PLGC Km. 0.00 to
Km. 6.600
of
b...1st November,15
to 30th June, 16
th
to 30 June,15
b..1st November,15
to 30th June,16
to 30th June,15
b..1st November,15
to 30th June,16
to 30th June,15
b..1st November,15
to 30th June,16
Remark1. In every lot, the bidder has to do lining work at minimum two locations at a time to
complete the work within stipulated priod of 18 months (including rainy season /canal
running).
2. The Applicant must provide detailed work programme after adequate planning to
complete the entire work within the stipulated period of 18 months. The programme
139
must show the deployment of required men, material and equipmentschedule,
sequence of work, with the monthly work program.
3. The bidder can do outer external work even in canal running period (1st July to 31st
October).
4. The methodology described by the bidders shall show capability of bidder to complete
the work in scheduled period.
140
Site and Other Data
Canal design Parameters
Total Length of PLGC – 88.858 KM.
Bed Width (B) in m.
49.40
Full Supply Depth (D) in m.
3.627
B/D Ratio
13.62
Free Board for lining in m.
1.00
Internal Side Slope
1.5:1
Top width at FSL in m.
60.28
2
Area in m
198.90
Wetted Perimeter in m.
62.48
Hydraulic Radius
3.18
Manning's value (N)
0.017
Bed Slope of PLGC (10 Cm per Km.)
1:10000
Velocity (V) in m/s
1.27
Critical Velocity in m/s
1.25
V/V0
1.01
Discharge (Q) in cumec
253.21
Discharge (Q) in cusec
8941
Chainage of kali NadiNadrai aqueduct is km.53.113 to km.53.505 (392.00 m.)
Other Parameters of Parallel Lower Ganga Canal:
(i)
Side Slopes:
Inner Side Slopes
The soil characteristic of Parallel lower Ganga Canal is sandy in nature. Therefore, inner
stable side slope 1.5: 1 is considered both in filling in cuttings reaches.
Outer Slopes of Lined Canal
The outer slope recommended are 2:1 in case of natural ground level below bed and 1.5:1 in
case of Natural ground level is between bed and Full supply level. And kept same 1.5: 1
where natural ground is above the top of lining.
(ii)
Free board:
The free board shall be measured from the full supply level to the top of lining. Therefore
free board of 1.0m has been recommended for the full length of canal.
(iii)
Berm:
Width of berm has been kept on either side of the channel as 7.00 m as per provision already
existing in longitudinal section of PLGC during initial construction and accordingly
earthwork before lining work has been executed by the department.
(iv)
Bank Top width:
141
The IS 10430- 2000 recommends a minimum bank top width of 6.0 for canal discharges
more than 30 cumecs. Accordingly the inspection path existing on right bank has been kept
as 6.0 m + Daula. The gap width between PLGC and LGC shall be kept minimum 15m as
recommended in CWC guideline of parallel canals.
(v)
Dowel or Daula:
Top width of Daula as 1000mm, Height above service road level as 600mm, both end side
slope as 1.5:1 have been kept in Daula.
Thickness of In-Situ Concrete lining:
Considering discharge, poor soil condition, seepage conditions, silt load and rubber wheeled
machinery cleaning of silt, proper accommodation of reinforcement,the thickness of the
concrete lining is considered on higher side. Therefore thickness of CC lining M20 A20 120
mm thick in bed & 150 mm thick in side slopes from Head (Km 0.00) to Nadrai aquaduct
(Km. 53.113) and 120 mm thick in bed & side slopes from Nadrai Aquaduct (Km. 53.505) to
(Km. 88.850, tail)has been kept in laying cement concrete lining using paver machine in
throughout length of PLGC.
The width of CC lining has been kept as 600mm on both berm. 300mm deep cut off wall at
end point on the berm of concrete lining has also been provided for anchoring and preventing
ingress of rain water below lining.
The cement concrete used for lining work should be design mix concrete of grade M20A20
and should conform to the requirement of IS 456:2000 using mechanical batching mixing
plant &concrete paver for speedy construction.
Under Drainage Arrangement of Lined PLGC Canal
Position of Ground Water Table and Nature of Soil at Project Site
The ground water table observed in vicinity of PLGC is below Bed level in dry season and
will recharge in monsoon & post monsoon season and may go between FSL and bed level.
Subgrade Soil of PLGC and LGC comprises of very fine sand; admixture of sand, silt and
clay. Hence, soil under subgrade ranges varies from free draining to poor draining in nature
predominantly having permeability greater than 10-4 cm/sec and between 10-4 cm/sec and
10-6 cm/sec. Therefore, as mentioned in IS 4558: 1995, the condition of Ground water table
between
FSL and bed level with free & poor draining soil shall be applicable. Accordingly, provision
of drainage arrangement is necessary. Sandy strata is also exists on the subgrade near bed
level; hence, local available Ganga sand drainage filter in 150mm thickness shall be provided
below concrete lining. Also, provision of longitudinal drains and transverse drains with
pressure release wells arrangement shall be made. For side slope, the transverse drain shall be
provided.
Longitudinal Drains and Transverse drains
The faces of the longitudinal and transverse drains are provided vertical so that sheet
shuttering can be fixed to retain the filter material. Spacing of longitudinal drains shall be
provided one for every 9m width arranged symmetrically with the centre line of canal and
transverse drain at 10m C/C. The spacing of transverse drains shall be at every 10 meters
depending on sub-grade.
142
Pipe for drainage in drains
The150mm dia.PerforatedPVC pipe shall be used. The perforations/holes should be 12mm
diameter and should be done by drilling. On an average there should be a minimum of 100
perforations/hole per meter length of pipe and the perforations/holes in adjacent rows should
be staggered. The pipe should be properly wrapped with unwoven filter cloth and surrounded
with suitable filter materials. The perforated PVC pipes shall be wrapped with unwoven filter
cloth and provided with filter as provided for longitudinal and transverse drain.
Pressure Relief Arrangement of PLGC Canals:
Due to possibility of silt deposition in bed of PLGC, Pressure Release Wells(PRW)have
been kept on right berm in place of pressure release valves in canal bed. Water collected due
to uplift pressure in longitudinal and transverse drains shall be collected by a larger size
collecting pipe (250mm dia.)laid in transverse direction, which shall be connected to PRW
located on berm. The collecting pipe portion which runs in earthen portion below the side
slope and berm or bank shall be encased fully with filter material all around it. The slope in
collective drain shall be as per drawing to suit the site conditions and able to collect the
discharge easily from drains and discharge in PRW rapidly. All longitudinal drains shall be
connected to collecting pipe. The water collected in well shall be pumped out or bailed out
through other pipes provisions as per site conditions as and when required. These wells shall
be located as under all along the canal.
Slice No
1
2
3
4
Details of Pressure Release Wells (PRW) on Right Berm of PLGC
km from to
Reach(In km)
c/c Spacing of
No of PRWs proposed
PRWs
0.000-12.000
500 m
24
0.00 -23.500
12.000-23.500
250 m
46
23.500-34.000
250 m
42
23.500-50.000
34.000-50.000
500 m
32
50.000-52.000
500 m
4
50.000-74.000
52.000-74.000
1000 m
22
74.000-78.000
1000 m
4
74.000-88.858
78.000-88.850
500 m
29
203
Total No. of Wells Required
It is proposed to provide collecting pipe of 250 mm PVC perforated at every location of
PRW. The collecting pipe shall be off-taking at angle of 105o from first longitudinal drain
located on left bank of canal bed.PRWs shall be constructed in cement concrete of mix
M20A20 and shall be of internal dia as shown in approved drawings using suitable iron
mesh/grill as top cover.
Provision of Sleepers and LDPE film:
Sleepers shall be provided below CC canal lining at 4.5 m spacing adjusting towards the
centre line of the canal in longitudinal direction and 10m spacing in the transverse direction
to support the lined section to distribute the load and to avoid uneven settlement of lined
section.
200micron thick LDPE film shall be provided below cement concrete lining.
Filter below Lined Canal Bed and Side Slopes
Keeping in view substantial high discharge of PLGC, and poor draining condition of subgrade, seepage conditions, 120mm thick local available Ganga sand as filter shall be
provided below canal lining in bed and side slopes.
143
Joints in Concrete Lining:
Construction Joints:
Provision of 200 micron LDPE film below concrete lining shall automatically cover the
portion of sleepers. The top of film and side of panel should be applied with primer
conforming to IS 3384: 1985. This sheet acts as an intercepted for seepage through the joint.
The lining workshall be done by mechanical paver, PVC water stops shall be provided at
joints during the concreting work. The water stops should be provided at a spacing mentioned
in approved drawing.
144
Technical Specification
All works shall be carried out in accordance with relevant Indian Standard Code
(s) of practice,technical specifications of Irrigation Department or as directed by
Engineer-in-Charge where necessary.
1
General
These specifications are intended for general description of quality and workmanship of
materials and finished work. They are not intended to cover minute details. The work shall
be executed in accordance with sound Engineering practicewhere reference is made to any
standard specification of Indian Standards Institution or any other similar body,
information and provisions of the latest revised edition of the specifications at the date of
submission of the tender shall be applicable. If the provisions of such standard
specifications are in conflict with the provisions stated in these specifications, the latter
provisions shall have precedence.
a)
The intending tenderer is deemed to have visited the work site and acquainted
himself of the nature of the sub-soil to be executed. No claim or extra will be
allowed as a result of any misunderstanding or incorrect assessment or misinformation
or ignorance of the contractor on the prevailing site conditions or soil strata.
b)
All the materials to be used on the works are required to be of the best quality as
specified and described and all the materials to be used on work are required to be
tested at no extra cost to the employer for their respective strength and quality.
Tested samples of materials are not paid for and are non-returnable to the contractor.
Testing labs to be established for testing concrete etc. Equipment for control
concreting should be used for preparing concrete as per specifications at the cost of the
contractor.
c) Contractor shall submit to the employer samples of all materials for prior approval
and no work shall commence before such samples are approved by the Executive
Engineer.
d) All material and methods shall conform to the latest specifications of Bureau of Indian
Standards (BIS) and relevant codes. All measurements will be taken in accordance
with latest specifications of Bureau of Indian Standards (BIS) and relevant codes.
e)
All works shall be carried out strictly according to the drawings and instructions of
Engineer if, in the opinion of the Employer / Architects / Engineer any portions of the
work is found to be defective or unsound the same shall be pulled down and
reconstructed at no extra cost to the employer. Defective materials shall not be
brought to the work site by the contractor.
f) A site order Book shall be maintained by the contractor's authorised agent at
145
work site, and the instructions issued by the Employer/ Engineer during periodical
inspection visits shall be duly entered therein.
g) No standing tree shall be cut by the contractor without the permission of Executive
Engineer/ Engineer-in-Charge.
h) The site shall be cleared of all rubbish shrubs, vegetational roots, loose boundary
materials and got levelled up by filling hollows before starting construction.
i)
Before starting the work, the Contractor or his duly authorised agent shall be
present while taking ground levels/ pre levels along and across the alignment of the
various works, etc., and shall have to sign the field book and also working plans
showing working longitudinal and cross sections of their alignment in token of
having accepted the ground levels without which they will not be allowed to start the
work.
j)
Accurate marking and recording levels of earth work and structure of the different
portions of canal using the total station instrument is the responsibility of the
contractor. permanent Bench Mark pillars of masonry shall be constructed by the
contractor .These Bench marks are required to be maintained by the contractor for
checking the elevation at various stages of work by total station.
k)
Lifts, Hoists, elevators, ramps and ladders of proper strength and rigidity shall be
provided by the contractor not only for conveyance of construction materials to
various heights, but also for the safe reaching of workmen and inspection parties to
reach all spots of construction, the cost of which are deemed to have been included
in the rates.
l) Deep trenches of excavation, newly placed concrete work are required to be properly
protected from rain, bad-weather and accidents by adequate means at no extra cost to
the employer.
Bailing out water or De-watering:
There is separate item of dewatering or bailing out water in this work. The rates for
various items quoted by the contractor, should exclude the cost of dewatering.
Separate payment will be made on hourly basis for each dewatering pump to the
contractor on account for this item. The log books for pumps shall be maintained.
i) Should the contractor desire to substitute/ deviate any material or workmanship for any
reason whatsoever during construction, prior written approval of the Executive
Engineer/ Engineer-in-charge must be obtained, or else such portion of works will be
rejected.
ii) All preliminary and enabling construction at site, like site office, store, cement shed,
labour/ watchmen quarters and temporary water storage tank shall be constructed
146
and removed after completion of works by the contractor at no extra cost to the
employer.
2
2.1
2.2
Earth Work in canals
Setting Out

Before start of work centre line of the canal shall be marked by suitable and firm pegs each
at about 30 m interval in straight reaches. In the curved reaches of the canal the curve shall
be laid out and top and bottom edges of excavation and toe of embankment shall be suitably
peg marked. The centre line in such reaches shall be marked by pegs at an interval of 5 m to
ensure smooth curve profile during excavation/filling. Distance pegs/muttams shall be
constructed at 200 m interval at canal boundary for proper alignment.

All levels of canal profiles shall be referred to a specified and established firm bench mark
not subject to subsidence/interference or disturbance. Temporary bench mark pillars shall be
constructed at suitable locations for reference of levels during construction.

Kuccha Namunas of canal section in fill and cut reaches shall be marked at intervals of 25m
at curves and 50 m in the straight reaches or as directed by Engineer-in-charge before start of
earth work in the reach.
Clearing of Land
Before beginning the construction/repair of embankment, the land over which excavations or
embankment is to be done/placed shall be cleared of all trees, bushes, vegetation, rubbish, roots, ant
hills and any other objectionable material before excavation or placing earth for embankment. The
cleared material shall be the property of the Government and its disposal shall be done in a manner
as approved by the Engineer-in-Charge. The land so cleared shall be maintained free from any
growth and vegetation during progress of construction.
In filling reaches, all holes and hollows whether originally existing or produced by digging up roots
shall be filled with suitable earth well rammed and leveled off. The depth to which top soil is
removed shall be adequate to remove all perishable material and any soil which may become
unstable on saturation or may interfere with the development of proper bond between the existing
surface and new embankment. As per IS 4701, the depth of stripping as a guide for containing light
grass cover shall be 5 to 7.5cm. It shall be 20cm for soil containing thick vegetation/agricultural
land.
2.3
Drawings
All works shall be carried out in accordance with the drawings to be supplied by the Engineer-inCharge duly signed by the engineer from time to time. Construction drawings will be issued in
stages, by the department before the start of actual construction of the structures. After careful study
of the drawings issued by the engineer, contractor shall prepare, where necessary supplementary
construction/ fabrication drawings with field/construction information and shall submit the same to
the Engineer for approval prior to construction. If some drawings are not available at the start of
execution, the contractor shall make the construction programme so that work on available drawings
will be taken up first.
147
2.4
Excavation

Before commencement of the excavation in any reach the contractor shall inform and obtain
in writing from the Engineer-in-Charge, necessary instructions.

The contractor shall excavate whatever material may be encountered up to the depth of
excavation shown on the Cross-section of the channels. Extra payment shall however be
admissible for rock and block Kankar excavation, if any. All material, thus excavated, shall
be the property of the Government.

Excavation to be carried out shall strictly conform to the plans and levels shown on the
profile of excavation in the Cross-sections. The bed of the canal will have a longitudinal
gradient as given in L-section and will be kept level transversely. The side slopes shall also
conform to those given in the drawings and shall be neatly finished. Any excavation below
the prescribed bed level shall not be paid.
Excavation of internal section in main canal shall be carried out by suitable earthmoving
equipments/tractors.

2.5
Drainage during execution


2.6
Suitable arrangements of drainage shall be provided to take surface water clear of the
excavation during the progress of work. Sumps may be constructed at suitable places and
water collected may be pumped out. When cutting on cross sloping ground, it is advisable to
cut a catch water drain on the higher side to prevent water from flowing down.
Wherever ground water is met during excavation, adequate arrangements shall be made for
dewatering. The choice of method to be adopted and type of equipment to be used would
depend on the volume of water.

If there is a continuous flow of water, a sub-drain with sumps at suitable intervals may be
provided. Excavation from downstream to upstream side will be helpful to drain away all
water from the working face.

All operations for proper drainage and to make the work area suitable for excavation shall be
carried out by the contractor at his own costs i.e. no payment for dewatering shall be made.
Embankment



For the embankment construction /rehabilitation the toe of the slope on each sides of the
bank shall be Dag-Belled and marked by pegs firmly driven in the ground at interval of 20m.
Profiles made by bamboos, earth and strings shall be setup for the guidance of workmen at
50m. interval over straight reaches and about 25m. apart for curved reaches. A suitable
allowance for settlement shall be made in setting up the profile for embankment.
Surface Preparation: The base of the extension portion of embankment shall be stripped and
roots & other vegetation’s shall be removed. The stripping operation is to be done up to the
bottom of root zone of vegetation so that all roots are removed out of the surface. The
stripping depth may vary at places depending upon type of vegetation growing on the
area/slopes. The cost of all such stripping up to bottom of roots shall be deemed to be
included in the unit rates of the excavations.
The slope of existing banks shall be benched. Benching of slopes shall be done with a little
148


2.7
Borrow Pits





2.8
slope towards the inside of benches so as to give a good grip/bond to the embankment soil
with the sub-grade. Unless otherwise specified, the benches shall be 0.3x0.6m on the front
and rear slope of the embankment. Before benching, canal slopes shall be cleared of all
roots, vegetation, rubbish etc. No separate payment shall be made for these and the rates
quoted for raising the embankment is inclusive of these operations. The areas shall be prewet by sprinkling water before the construction of embankment commences. Unless
otherwise specified, the water applied for pre-wetting the areas shall not be paid being
considered included in the unit price per cubic meter bid in the bill of quantities for
compacting the embankment.
Before laying soil on existing embankment, the slopes shall be properly cut and benched in
steps not steeper than 2: 1.
The earth to be used in banks shall be thoroughly broken before laying. The embankment
shall be built to the height and slope shown on the drawings. All the edges of the
embankment shall be neatly aligned symmetrical to the centre line of the channel.
Suitable excavated material available from canals cutting, foundation excavation, structures,
any other associated excavations within economic leads shall be used for embankment.
Where canal excavation does not furnish sufficient suitable material for embankments,
additional material required shall be procured from the borrow pits for which land shall be
arrange by the contractor and approved by Engineer-in-charge.
No borrow pits shall be dug within 5m of the toe of embankment, if their depth is less than
0.5m, and 10m, if their depth is more than 0.5 m; or within such a distance from the toe of
the bank where a 4:1 hydraulic gradient line cuts the ground surface whichever is more.
Borrow pits shall not be more than 1 m in depth and 25m in length. A clear distance of 1 m
shall be left between the pits. The bed of borrow pits shall be left reasonably smooth and
even.
The borrow area shall be clearly demarcated by the contractor with the approval of the
Engineer-In-Charge. Borrow pits in sodic/ usar areas or in areas having expansive and
dispersive clay shall be prohibited.
The Contractor shall be responsible for the rehabilitation of the borrow area and shall ensure
the consent of the farmers.
Suitability of borrowed earth shall be decided by the Engineer In-charge after proper
examination of the soil based on laboratory tests to be submitted by the contractor.
Construction/Rehabilitation of Embankments and Disposal of Excavated Earth

Embankment shall be built in layers not exceeding 20cm to 25cm loose. Each layer will be
laid horizontally in 30cm more than full width of the section and the banks and berms shall
then be dressed after compaction in full width and to the required slope. The top of
embankment shall be leveled and finished so as to be suitable for roadway. Where provided,
a cross slope of 1 in 80, outward to drain away rain waters may be given.

All material of excavation in excess of requirement for rehabilitation of banks shall be
disposed outside the embankment at designated disposal sites on either side of canal.

The surplus earth will be disposed off to approved disposal sites. The contractor will have to
take and communicate to the engineer in charge, the formal consent of land owners, tenant
149
and /or cultivators of plots selected for silt disposal. Where canal excavation does not furnish
sufficient suitable material, additional quantity of earth required may be procured from
approved borrow pits. The bidder/contractor has to arrange suitable borrow areas for
borrowing of the earth. Before start of excavation, the contractor will finalize and get
borrow areas approved from the Engineer in charge.



2.9
Contractor shall be responsible that no unwanted disposal is being made in the work area.
Any such disposal shall be removed at his own cost to the satisfaction of Engineer-inCharge. Similarly the contractor shall ensure that there is no blockage of drains or damage
to the canal and to the existing outlets of canal due to disposal of material. If anything found
contrary, the contractor shall arrange to rectify at his own cost within the prevalent
environmental regulations.
Where the embankment is constructed by taking material from borrow pits, care shall be
exercised that large clods are broken and no clod bigger than human fist, say 8 to 10 cm,
grass and other rubbish are buried in the earth used for rehabilitation of banks. Before
procuring materials from borrow pits, all perishable material shall be stripped off from the
top surface as specified or as directed by the Engineer-in-Charge. In areas Where gravel and
stone is mixed with earth, these should be removed as for as possible. But the areas where
all gravel material cannot be economically removed, cobbles, stones of size greater than 40
mm should be removed to ensure proper compaction. The existence of nest of cobbles may
result in more seepage and piping. In view of this, measure to remove cobbles of larger size
should be taken at the excavation area itself.
All surplus earth lying on embankments above designed bank level shall be removed by the
contactor.
Compaction Requirement
Embankments shall be compacted, as shown on the drawings, to achieve the requirements laid down
as under :-
Laying of earth on embankment :
The fill material shall be deposited in horizontal layers. The thickness of each horizontal layer before
compaction shall normally be not more than 25 centimeters (loose layer), or as determined by the
Engineer-in-charge and the layer shall be laid to full width of embankment. The thickness of layer
shall be governed by the type of compaction equipment to be deployed based on the space available
for compaction. The excavating and placing operation shall be such that the material when
compacted will be blended sufficiently to secure minimum DBD of 95%. If the surface or any
compacted layer of earth fill is too dry or too smooth to bond properly with the layer of material to
be placed thereon, it shall be moistened and/or sacrificed in an approved manner to provide a
satisfactory bonding surface before the next succeeding layer is placed.
Compaction of earth (Cohesive Material):
Prior to and during compaction, the embankment materials shall possess optimum moisture content
as required in IS 4701(Latest addition). The embankment materials shall have optimum moisture
content required for the purpose of compaction and this moisture content shall be fairly uniform
throughout the layer. Optimum moisture content is the moisture content that corresponds to the
laboratory maximum dry density determined in accordance with IS:2720 (Part-VII). In so far as
practicable the moistening of the material shall be performed at the site of excavation but such
150
moistening shall be supplemented as required by sprinkling water at the site of compaction, if
necessary. If the moisture content is greater than optimum for compaction, the compaction
operations shall be delayed until such time as the material has dried to the optimum moisture content
or to the level directed by Engineer-in-charge. The moisture content of soils shall be determined in
accordance with IS 2720 (Part-II).
Compaction shall be done by 8-10 T power rollers/sheep foot rollers/vibratory power
rollers/mechanical compactors (fuel or pneumatic operated)/mechanical tampers depending upon the
extent of space available. Manual compaction through wooden rammers shall not be allowed.
Density tests shall be made after rolling every layer. The dry bulk density of the soil in compacted
embankment materials shall not be less than 95% of the maximum dry bulk density at optimum
moisture content (proctor density) obtained in accordance with IS 2720 (Part-VII).
The dry density of soil in field shall be determined in accordance with IS 2720 (Part-XXVIII),
“Indian code of practice for determination of dry density of soil in place by sand replacement or by
IS 2720 (Part-XXIX) Indian code or practice for determination of dry density of soils in place by the
core cutter method.”
Moisture content of soil shall be determined in accordance with IS 2720 (Part-II) Indian code of
practice for determination of moisture content.
The above compaction tests will be conducted by contractor in the presence of the Engineer-incharge or his representative at his cost and the contractor shall ensure specified compaction, till the
Engineer-in-charge or his authorized representative is satisfied that the specified dry density at
optimum moisture content is obtained, and permits the laying of next layer.
Compaction of cohesion less materials :
Where compaction of cohesion less, free draining materials, such as sands and gravels is required,
the materials shall be deposited in horizontal layers and compacted to the specified relative density.
The excavating and placing operation shall be such that the materials when compacted will be
blended sufficiently to secure specified relative density. Water shall be added to the materials as
may be required to obtain the specified density by method of compaction being used.
As envisaged in clause 6.6.2.1 of IS 4701, the thickness of the embankment layer shall not exceed 25
centimeters (loose layer) before compaction, or as determined by the Engineer-in-charge, and it shall
be spread over the full width of the embankment and compaction shall be done by tracks of crawler
tractors or vibratory rollers or vibro compactors. Thickness of layer shall be suitably adjusted in
accordance with the type of compaction equipment used, to achieve the specified density. No
manual compaction shall be allowed.
As envisaged in clause 6.6.3.1 of IS 4701 the relative density of the compacted material shall not be
less than 70% when tested in accordance with IS 2720 (Part-XIV), “Indian code of practice for
determination of density index (relative density) of cohesion less soils.”
2.10 Testing :
Density tests shall be carried out after rolling to ascertain the state of compaction, which should be
measured in term of dry density. Standard proctor density tests shall be carried out at regular
151
intervals to account for variations in the borrow area material.
Density test shall be conducted from time to time at site to ascertain whether compaction is attained
as specified. For every 300 cubic meter of compacted earth fill, at least one field density test using
core utter or sand replacement method shall be conducted. The Engineer-in-charge may also deploy
‘Portable Electronic Testing Device’ for quick on site determination of moisture content, in place
density, and compaction efficiency. However, minimum four density tests shall be made per day
irrespective of quantity of earth work. In case the tests show that the specified densities are not
attained, suitable action shall be taken either by moisture correction or by additional rolling, so as to
obtain the specified density, which shall be checked again by taking fresh tests at the same locations.
The test locations should be so chosen as to represent the whole layer under test. Each layer should
be tested for proper compaction before a fresh layer is allowed over it.
2.11 Important Points for Rehabilitation of Existing Canal Embankments
For rehabilitation of old canal embankments the following care shall be taken for proper bonding of
the freshly laid soil with the old embankment.
i) All trees, bushes, roots and other vegetation growth from the existing embankment shall be
removed.
ii) The base of the extension portion of embankment shall be stripped and roots & other vegetation
shall be removed. The stripping operation is to be done up to the bottom of root zone of
vegetation so that all roots are removed out of the surface. The stripping depth may vary at
places depending upon type of vegetation growing on the area/slopes, the cost of all such
stripping up to bottom of roots shall be deemed to be included in the unit rates of the
excavations.
iii) The slope of existing banks shall be benched to depth of 15 cm. to 30 cm., as per requirement at
site for proper bonding of the freshly laid soil with the old embankment. The cost on this
account shall be deemed to be included in the unit rates of the excavations.
iv) Earthwork shall be done in layers of specified thickness. Clods must be broken.
v)
Under no circumstances, the embankment shall be widened by material dumped from the top of
the existing embankment.
vi) Adequate quantity of moistening/watering shall be done at the junction of the freshly laid soil
with the old embankment for proper bonding.
vii) If initial moisture content in the soil is less than the optimum moisture content (OMC) water
shall be sprinkled over the freshly laid layer before compaction. A tolerance of + 1% of OMC
moisture content shall be permitted.
viii) Where the width is sufficient/adequate, compaction shall be done mechanically by 8-10 tones
power roller/vibratory power roller so as to achieve at least 95% of Procter density for cohesive
soils and relative density of 70% for non cohesive soil. Where space is not sufficient for the
deployment of 8-10 Tones Power Rollers, the earth work shall be compacted by deploying
appropriate smaller dimensioned vibratory power rollers (of the same compacting effort as of
the 8-10 Tones plain power rollers) or using mechanical compacters/pneumatic compacters (by
152
reducing the thickness of layers to + 10-15cm) to achieve 95% proctor density.
ix) In case of minors manual compaction may be done with permission of Engineer-in-charge.
2.12 Tests and their frequencies for embankment construction
S.No.
Test
1
Grain
size
analysis
for
classification
2
Specific gravity
3
Field
density
and
moisture
content
4
Standard
Proctor test
5
Moisture
content
Relative density
test
6
Frequency of test
Purpose
Test
designation
One test per day or To know the classification IS : 2720- IV
periodically
as of soil actually put in
directed
by embankment
Engineer
One test per day
To know the classification IS : 2720-V
of soil actually put in
embankment
One test in 300m3 of To
determine
the
earth work or in placement density and
each layer laid on moisture content
embankment
One test per day for To
determine
MDD IS : 2720-VII
individual borrow (maximum dry density)
area
and
OMC
(optimum
moisture content) of the
soil and compare the
results with laboratory
value
One test in each To know the moisture IS : 2720-II
sample
content in the sample
3
One test in 300m of To know the relative IS : 2720-XIV
earth
work density of cohesion less
placement
soil
2.13 Measurements
The measurements shall be taken correct to a cm. Before commencement of earthwork in each
canal, initial cross sections at every 50m interval in straight reach and at every 25 m interval in
curved reaches shall be taken jointly by the department and authorized representative of the
contractor, which shall be recorded in M.B./ level book. Contractor/his authorized representative
shall have to record his acceptance of levels and measurements on the M.B./level book before start
of work. The contractor shall submit the detail programme for carrying out the joint measurements.
A notice for recording the measurements shall be issued to the contractor and even then, if the
contractor or his authorized representative does not turn up on the desired date, time & place, the
work of taking measurements will continue and it will be deemed as acceptable to the contractor.
If the earth from cutting internal section is not sufficient to achieve designed section after
compaction, then cross section shall be taken before placing the borrowed earth to achieve designed
section wherever required. Similarly after completion of work as per design/drawing, final cross
sections shall be taken at the same locations. During the execution of work, cross-section at
intermediate state shall also be taken if required. These cross sections shall be prepared in Auto-Cad
153
by the contractor. All such cross sections shall be utilized to derive quantities of earthwork
mentioned under different items in Bill of Quantities. Only joint measurement shall be the basis of
the payment. It will be the duty and sole responsibility of the contractor to get the joint
measurements done as and when required before commencing any new activity. Quantity of
borrowed earth shall be derived on the basis of cross sections as described above. Quantity of
earthwork in cutting shall be derived on the basis of initial & final cross section. This earth (only
suitable quantity) shall be used for the rehabilitation of banks and surplus earth shall be disposed off
as per Disposal plan. Settlement allowance as and where required shall be deducted in accordance
with relevant IS Code/ID Specifications.
2.14 Rates
Rate for earthwork shall include and take in to account the following –
1. Making Profiles (Kaccha Namunas).
2. Setting out works,cost of land for haul roads, disposal area/borrows area etc.
3. Disposal of the surplus excavated material including arranging disposal area as per disposal plan
or as per direction of Engineer-in-charge taking into consideration environmental & social aspects.
4. Borrowing earth from approved borrow area and rehabilitation of banks.
5. Preparation of cross sections in Auto-Cad.
6. All leads, lifts and dressing of earth.
7. Labour charges, providing all surveying and leveling instruments and material needed for
measurements, checking of works and taking initial/final cross sections of canal.
8. Cost of maintenances of works during contract period.
9. Spreading in layers, watering & compaction as per specification.
3
Earthwork in Excavation of foundation :
Foundation trenches for laying of PVC pipes shall be dug to exact length and width as per drawing.
The sides shall be left plumb where the nature of the soil permits it, but the sides must be sloped
back or shored up carefully when the soil appears likely to fall in or the depth of trench exceeds
1.5m. The disposal of excavated material shall be as per direction of Engineer-in-charge. The earth
obtained from excavation of foundation shall be used for back filling and surplus earth shall be
utilized for rehabilitation of banks.
The foundation bed for pipes shall be excavated true to lines and grades shown on drawings or as
directed by Engineer-in-charge. The minimum width of trench on either side of the pipe shall be 150
mm or one-fourth of the diameter of pipe whichever is more and shall not be more than one-third of
diameter of the pipe. The sides of the trenches shall be as nearly vertical as possible. The pipe shall
be placed where ground for the foundation is reasonably firm. When during excavation the material
encountered is soft, spongy or other unsuitable soil, such material shall be removed to such depth,
width &length as directed by Engineer-in-charge and shall be filled with learn concrete at his own
cost.
The bottom of the foundation trenches must be perfectly leveled both longitudinally and
transversely. The bottom of the trenches shall be slightly watered and well rammed. If excavation is
done deeper than shown in the drawing, the contractor shall fill the extra depth with appropriate
material at his own expense. Roots of all trees and plants encountered in digging trenches shall be
removed carefully if possible, otherwise they shall be cut up to a distance of 30cm on sides and
154
bottom of trench and shall then be burnt and smeared with boiling coal tar at the expense of
contractor. If boulders are found in bed they shall be removed at contractor’s own cost. The extra
depth caused by removal of roots of trees or removal of boulders from the trench, shall be filled with
appropriate material at contractor’s own cost.
3.1
Measurements
The measurements of excavation shall be taken as the area in plan by the depth of the foundations
below designed bed level, notwithstanding that the contractor may find it more convenient to take
out the excavations with sloping sides.
3.2
Rate
The measurement of the excavation shall cover back filling, watering and ramming of the excavated
earth in the space of the trenches and also the sloping off and dressing of the excavated earth. All
such filling shall be done in courses and along with the masonry/concrete. Any dewatering if
required. Any shoring that is necessary shall be included in the rate of excavations. The superfluous
material not required for refilling shall be removed, and disposed off suitably.
4
4.1
CEMENT CONCRETE
Batching and Mixing
A good concrete requires the use of specified qualities and proportions of ingredients, methods of
mixing, manner of laying green concrete in position compaction and curing.
4.2
Proportioning of concrete
1. The cement concrete shall be composed of cement, fine aggregate, coarse aggregate, water and
admixture if considered necessary by the Engineer in Charge.
2.The determination of proportion of cement, aggregates and water to attain the required
compressive strength shall be made as under:
-
By designing the concrete mix (Design mix concrete)
By adopting nominal concrete mix (Nominal mix concrete). It involves higher cement
contents.
3. The design mix shall be done only for specified materials to be procured for works at site as per
specifications and shall be approved by Engineer-in-Charge.
4. The mix design done earlier, but not prior to one year, may be considered adequate for works
provided there is no change in source and quality of materials.
5. The Design mix concrete shall be preferred to nominal mix. If design mix concrete can not be
used or the quantity of concrete is small, nominal mix concrete of grade not higher than M20 may be
used with permission of Engineer-in-Charge.
6. Temperature control of concrete has to be kept in view in extreme weather conditions, Concreting
shall not be done when atmospheric temperature falls below 4.5oC or rises above 40oC.
155
7. The various ingredients of different nominal concrete mixes for one cement bag of 50 kg shall be
as under (For guidance only).
Ingredients of
concrete
Quantity of ingredients required for concrete
Nominal Aggregate Size 20
mm
Nominal aggregate size 40 mm
M-10
M-15
M-20
M-10
M15
M-20
(1:3:6)
(1:2:4)
(1:1.5:3)
(1:3:6)
(1:2:4)
(1:1.5:3)
Weight of Coarse
Aggregate
320 Kg
220 Kg
165 Kg
345 Kg
235 Kg
180 Kg
Weight of Fine
Aggregate
160 Kg
110 Kg
85 Kg
135 Kg
95 Kg
70 Kg
Quantity of Water
34 Lt
32 Lt
30 Lt
34 Lt
32 Lt
30 Lt
8.The cement Contents of above nominal mixes shall be proportionally increased if quantity of water
in the mix is to be increased to facilitate placement and compaction of concrete so that specified
water cement ratio is maintained.
9.The cement level to be used in various design concrete mixes will be as under:
Grade of
Concrete
Cement Level (Kg/M3 of concrete) with Coarse
Aggregate of nominal size
40 mm (A40)
20 mm(A20)
M10
207
221
M15
259
288
M20
329
366
M25
As per actual mix design
In case of mix design :
4.3

If actual cement level, as warranted by mix design, is more than that given in table,
contractor will be paid extra cost of cement used and

If actual cement level, as warranted by mix design, is lesser than that given in table, cost of
less cement used will be deducted from contractor.
Batching
1. Smallest practical number of concrete mixers shall be used on a work to avoid error in batching.
2. The contractor shall provide all necessary equipment and plant to determine and control the actual
156
amount of materials entering into each batch.
3. The coarse and fine aggregates, water and cement shall be batched and measured by weight.
Specified air entraining agent/water proofing compound, if any, shall be measured by weight and
added separately to the mix, as directed by Engineer-in-charge.
4. The weigh batchers should be capable of weighting, controlling and determining accurately the
prescribed quantity of various materials for each batch of mix.
4.3.1 Batching plants & equipments
1.Hoppers for weighing cement, mineral admixtures, aggregates and water and chemical admixture
(if measured by mass) shall consist of suitable containers freely suspended from a scale or other
suitable load measuring device and equipped with a suitable discharging mechanism. The method of
control of the loading mechanism shall be such that, as the quantity required in the weighing hopper
is approached, the material may be added at a controllable rate and shut off precisely within the
weighing tolerances specified in Annex E of IS 4926:2003. The weighing hoppers for cement,
mineral admixtures aggregate shall be capable of receiving their rated load, without the weighed
material coming into contact with the loading mechanism. Where the rated capacity of a batching
plant mixing cycle is less than 2.0 m3,additional precautions shall be taken to ensure that the correct
numbers of batches are loaded into the transit mixer. The weighing hoppers shall be constructedso as
to discharge efficiently and prevent the build upof materials. A tare adjustment, up to 10 percent
ofthe nominal capacity of the weigh scale, shall beprovided on the weighing mechanism so that the
scalecan be adjusted to zero at least once each day. Dustseals shall be provided on cement hoppers
betweenthe loading mechanism and the weigh hopper, andshall be fitted so as to prevent the
emission of cementdust and not to affect weighing accuracy. The hoppershall be vented to permit
escape of air without emissionof cement dust.
2.Vibrators or other attachments, where fitted, shall notaffect the accuracy of weighing. There shall
besufficient protection to cement and aggregate weighhoppers and weighing mechanisms to
preventinterference with weighing accuracy by weatherconditions or external build-up of materials.
3.Where chemical admixture dispensers are used, they shall be capable of measurement within the
tolerancesin Annex E and a calibrated container or weigh scales shall be provided to check the
accuracy of measurementat least once a month.
4.Where a continuous mixer with ribbon loading is used,the batching procedure specified by the
manufacturerof the plant shall be followed.
5.Each control on the batching console and weigh-dialor display shall be clearly labelled with its
functionand where concerned with the batching of materials,the material type.
6.When more than one type or grade of cement is beingused, the weighing device and discharge
screw or otherparts of the transfer system shall be empty beforechanging from one type of cement to
another.
7.When pulverized fuel ash and other mineral admixture are batched through the cement weigh
system, theweighing device and discharge screw or other parts ofthe transfer system shall be empty
when the weighingsystem has returned to zero reading or completed thebatch.
157
8.Where a backweigh system is utilized to weighmaterials a system shall be in place so as to
preventmaterials being loaded during the process of weighing.
4.4
Water Cement Ratio
1. The strength of concrete is inversely proportional to water cement ratio. More water cement ratio
will reduce the strength and durability of concrete.
2. Water cement ratio determines the porosity of concrete. More water cement ratio will mean more
porous concrete.
3. For proper chemical Actions, the quantity of water required is only 25% of the weight of cement
used. Additional water is added only to increase the workability of concrete.
4. The water cement ration in concrete is kept between 0.4 to 0.6 depending upon adequate
workability for placement of concrete and for adequate compaction.
4.5
5. The quantum of moisture present is fine and coarse aggregate is adjusted while adding extra water
for concrete mix.
Mixing
4.5.1 Stationary Mixer
1. Mixing shall be done in Mechanical mixer. Mixing by hand shall not be allowed.
2. Fine and coarse aggregate, before use, shall be washed with water to remove dirt, dust or any other
material.
3. Suitable mixers, ‘preferably tilting type with hopper’ and of adequate capacity to handle desired
quantity of ingredients should be used to mix uniformly and discharging the prepared mix without
segregation.
4. The mixer drum shall be flushed clean with water. Measured quantity of dry coarse and fine
aggregates shall be placed first in the rotating drum of mixer and mixed through. This shall be
followed by mixing of measured quantity of cement (This process is to be followed only in case
hopper type mixer is not available & that too with specific approval of Engineer-in-charge).
5. The dry material shall be mixed for at least 4 turns of the drum after which measured quantity of
water shall be added gradually while the drum is in motion to ensure even distribution with dry
materials. The total quantity of water to be mixed for achieving the specified water cement ratio shall
be added before ¼ mixing time has elapsed.
6. The material shall be mixed for a period not less than 2 minutes (about 25 turns of drum) and until
a uniform color and consistency of concrete are obtained. The time shall be counted from the
moments all the materials have been put into the drum.
7. The complete contents of the mixed concrete shall be emptied before recharging. When the mixer
is closed down for the day or for any interval longer than 20 minutes, the drum shall be flushed
clean.
4.5.2 Transit mixer
1. When a transit mixer is used for the partial or complete mixing of concrete, mixing shall be
considered to commence from the moment when all the materials required for the batch, including
water, are in the rotating drum of the mixer.
2. Transit mixers or agitators shall not be loaded in excess of the manufacturer’s rated capacity. In
158
order to produce a satisfactory mix, and where there is no data availabie to es~ablish different period
and speed of revolutions, mixing shall continue for not less than 60 revolutions of the transit mixer
drum at a rate of not less than 7 revolutions/rein. All completely truck mixed concrete shall be
visually inspected for uniformity prior to leaving the plant.
3. When a transit mixer or agitator is used for transporting concrete which has been mixed before
leaving the plant,the concrete shall be agitated during transit and re-mixed at the site for at least 2
min so that the concrete is of the required uniformity.
4. Where water is added to the concrete in the transit mixerthrough the transit mixer water meter and
when such water is being accounted for in the total water within the mix, it shall be ensured that the
transit mixer water meter is in operational condition and properly calibrated. Where a water meter is
not available, water must be measured in a suitable container before being added to the transit mixer.
4.6
Workability
1. For workability, minimum slump required for concrete to be compacted by vibrator shall be 25-75
mm depending upon size of aggregate, thickness of member, quantum and spacing of reinforcement
etc.
2. For profile bed bars, slump of concrete shall be 25 mm.
4.7
Preparation of surface
1.In concreting over previously laid concrete, old surface shall be roughened by thoroughly cleaning
it of all the loose material, unsound concrete and cement slurry etc. using a wire brush or air/water
jet and then slightly wetting the surface. To top surface of aggregate must be exposed.
2.In case of foundation concrete, the prepared earth surface at the bottom, a 2 cm layer of 1:4
cement/sand mortar or a polythene sheet of appropriate thickness or tar paper may be placed to avoid
loss of moisture of concrete by underneath earth bed.
4.8
Concrete placement
1. The concrete shall be deposited as near as practicable to its location of placement to avoid any rehandling.
2. Before depositing the concrete, mortar of same ratio of concrete shall be laid on the forms, old
foundation or old concrete surface.
3. The entire concrete to be used in work shall be laid gently (not thrown) to avoid segregation.
Generally the maximum permissible freefall of concrete may be restricted to 1.5 m. The chutes may
be used for more heights.
4. The concrete shall be placed and compacted before initial setting of concrete commences and not
be disturbed subsequently.
5. The whole quantity of prepared concrete shall be used preferably with in 30 minutes of its mixing
but not later than initial setting time.
159
6. Placement shall be done in layers not exceeding 50 cm in thickness. This thickness may vary
(lower) as per direction of Engineer-in-Charge and type of vibrator used.
7. In slabs, the concrete shall be placed in direction of Span.
8. The concreting shall be discontinued when the temperatures fall below 4.5oC or rise above 40oC.
4.9
Compaction
1. The concrete shall be thoroughly compacted by using mechanical vibrators till a dense concrete is
obtained. Concrete shall be fully worked by vibrators around reinforcement, any embedded fixtures
and into the corners of the form work.
2. Fresh Concrete shall be vibrated near all construction joints so that mortar of fresh concrete flows
between large aggregates and develop proper bond with old concrete.
3. Care should be taken, while placing and vibrating concrete to avoid any displacement of
reinforcement or movement of form work or fixtures.
4. Over or under vibration of concrete are harmful and should be avoided Over vibration causes
segregation of cement slurry resulting in its deposition on concrete surface. Under vibration causes
honey combing.
6. Suitable type of mechanical or electrical vibrators shall be used for compaction. Plate type
vibrators will be used for small thickness of concrete such as in wearing coat over deck slab. Needle
vibrators will be used where depth of concretes is more than 20 cm.
7. At the end of compaction the needle vibrators shall be withdrawn out of compacted concrete
gradually and not suddenly so that no hollow is left in concrete.
8. One spare vibrator and two spare needles shall be placed at site while concreting is in progress.
4.10 Curing
1. Curing is the process of preventing the loss of moisture from concrete and promoting the
hydration of cement while preventing high temperature gradient within concrete.
2. The concrete is kept saturated or as nearly saturated as possible until the originally water filled
space in fresh cement paste has been occupied by the products of hydration of cement.
3. Hydration of cement can take place only in presence of water. Thus loss of water by evaporation
shall be prevented. Permeability is reduced and durability and strength of concrete in increased by
curing.
4.After 6 hours of laying of concrete, the surface shall be suitable protected with moist gunny bags
or by any other methodology against quick drying for 24 hours. The surface shall then be cured by
flooding it with water in a minimum depth of 25 mm. The curing shall be done for a minimum
period of 14 days.
5.Curing is best done with water. In case of any difficulty due to water availability, curing
compounds may be used with approval of Engineer-in Charge. Curing by curing compounds may be
160
suitable particularly for section profiles. Cost of curing compound shall be borne by the contractor.
4.11 Joints
1. When concreting is to be done in lifts, proper shear keys should be provided while concreting in
the top surface of previous lift to ensure proper bond.
2. Concreting shall be done continuously in a slab or a footing. In case the concrete has to be
discontinued due to some reason for some time, a construction joint shall be provided as directed by
Engineer-in-charge. Such joints shall be minimum as far as possible.
3. Construction joints shall be provided at accessible location to permit cleaning of laitance, cement
slurry and unsound concrete by using wire brush on the surface of joint. This shall be done
immediately after initial setting of concrete.
4. In case of construction joints at locations where previous concrete has been cast against shattering,
the concrete surface is roughened by exposing the aggregate with a high pressure water jet.
5. Fresh concrete shall be brushed and air water jet shall be applied to expose the top surface of
aggregate so that bonding with fresh concrete shall be good and leak proof.
4.12 SAMPLING & TESTING
1. The samples of fresh concrete shall be taken, cubes are made, cured and tested at 28 days
(IS.516)
2. In order to get a relativity quicker idea of the quality of concrete, compressive strength tests at 7
days may be carried out in addition to 28 days compressive strength test.
3. In all cases, the 28 days compressive strength shall alone be the criterion for acceptance/rejection
of the concrete.
4. The sampling should be spread over the entire period of concreting and cover all mixes.
6The minimum frequency of sampling of concrete of each grade shall be
Quantity of concrete in work (M3)
1-5
5-15
15-30
30-50
51 and above
Number of samples
1
2
3
4
4 plus one additional sample for each additional
50m3 or part there of
Three test specimens shall be made for each sample for testing at 28 days.
The test results of the sample shall be the average of the strengths of three specimens. The
individual variation should not be more than + 15 percent of the average. If more, the test results are
161
invalid.
4.12.1 CASTING OF CUBES
The concrete cubes are to be cast in the following manner:
1. The cube moulds should be cleaned and well oiled/or greasing from all sides.
2. The cube moulds should be placed on smooth surface before casting and should be free from
vibration.
3. The cube moulds shall be filled in three layers, each layer tamped with 25 strokes of standard
tampers.
4. After filling and rodding of final layer the excess concrete should be removed by tamping bar by
applying rubbing.
5. The cubes will be finished by trowel after 30 minutes from casting.
6. After 20 hours of casting of cubes, identification marks, dates etc. be written on the upper portion
of cubes.
7. The cubes shall be de-moulded within 22-24 hours from the time of mixing water in the
ingredients.
4.12.2 CURING OF CUBES
1. After demoulding of cubes from cube moulds, the cubes shall be transferred in the curing tank for
curing at various ages.
2. The water for curing shall be potable. The curing temperature of water shall be 27+2oC.
3. The water of curing tank should be changed once in a week.
4.12.3 TESTING OF CUBES
As soon as the curing of cubes is complete, the testing of cubes will be done in the following manner
1. Cubes should be tested in a moist condition.
2. Cubes shall be tested at right angle to the direction in which they are filled.
3. The rate of application of load is usually 14N/mm2/min.
4.13 Acceptance Criteria (I.S. 456 - 2000)
Compressive Strength: The concrete shall be deemed to comply with the strength requirements when
both the following conditions are met :
(a). The mean strength determined from any group of four consecutive test results complies with the
appropriate limit in column 2 of Table below.
(b). Any individual test result complies with the appropriate limit in col 3 of Table below.
Characteristics Compressive Strength Compliance Requirement
Specified
Grade
Mean of the Group of 4
Non-Overlapping Consecutive Test
Results in N/mm2
Individual Test
Results in N/mm2
162
(1)
M 15
M 20
or
above
(2)
fck + 0.825 x established standard
deviation (rounded of to nearest 0.5
N/mm2)
or
fck+ 3 N/mm2 . which is greater
fck + 0.825 x established
standard deviation (rounded of to nearest
0.5 N/mm2)
or
fck + 4 N/mm2 which is greater
(3)
fck – 3 N/mm2 Where fck –
characteristic cube compressive
strength of concrete
fck – 4 N/mm2
Where fck - characteristic cube
compressive strength of concrete
NOTE – In the absence of the established value of standard deviation, the values given in IS : 456
may be assumed, and attempt should be made to obtain results of 30 samples as early as possible to
establish the value of standard deviation.
Grade of concrete
M 10
M 15
M 20
Assumed standard Deviation
3.5N/mm2
4.0 N/mm2
4.14 Test and their frequency :
The various tests and their frequencies for concrete work shall be carried out as per following Table
S.
No.
1.
2.
Name of test
Frequency
Coarse Aggregates :
Sieve analysis
One test for every
150m3 or less
Specific
gravity,
- do bulk
density,
moisture
content
and absorption
Soundness
- do (Sodium
sulphate
method)
Abrasion, impact &
- do crushing method
Organic impurities
- do Petrographic
Twice
in
one
properties
season
Fine Aggregate :
Sieve analysis
Purpose
To know the gradation
Indian
Standard
IS 2386-Part I
To assess the suitability IS 2386-Part
of aggregate and to
III
utilized data for mix
design
To assess the quality of IS 2386-Part V
materials
- do - do To know the extent of
deleterious material &
silt content
One test for every To know grain size and
150 m3 of sand used fineness modulus of
in concrete
sand
IS 2386-Part
IV
IS 2386-Part II
IS 2386-Part
VIII
IS 2386-Part I
163
Unit weight
bulkage
3.
and
- do -
Organic impurities
Specific
gravity,
moisture content
Cement :
Fineness test
- do - do -
Normal consistency
Setting time
Soundness
One test for each To know the quality of
brand of cement cement
used
in
used during the construction
working
season,
preferably at 3
months interval
- do - do - do - do - do - do -
Compressive
strength
Chemical analysis
Finished concrete :
Slump test
Compressive
strength
To know suitability of
sand and to utilize data
for mix design
To assess the quality
To utilize data for mix
design
IS
III
2386-Part
IS 2386-Part II
IS 2386-Part
III
IS 4031
IS 4031
IS 4031
IS 4031
- do -
- do -
IS 4031
- do -
- do -
IS 4032
One test in each
shift or at frequent
intervals to check
workability
Refer sampling &
strength
or
designed
mix
concrete
To check workability of
concrete/water cement
ration.
IS 1199
To know the strength of
concrete.
IS 516
Measurement and Payments :
Measurement of concrete will be made only to the neat lines of the structures as indicated on the
drawing or as established by the Engineer-in-charge. Dimensions shall be measured nearest to 1 cm.
The areas shall be worked out to nearest 0.01 square meter. The cubic contents shall be worked out
to nearest 0.01 cubic meter. The rate shall include the cost of all materials, labour, necessary tools &
plants involved in above operations. This shall also include laying, compaction and curing but
excluding centring & shuttering.
5. FORM WORK
Forms shall be used wherever necessary to confine the concrete and to shape it to the required lines.
Normally all exposed concrete surfaces having a slope steeper than 2H:1V shall be formed. The
condition of forms influences appearance as well as quality of the concrete in the structure. Form
work shall be designed and constructed to the shape, lines and dimensions shown in the drawing
with following tolerances. The tolerances shall apply to concrete dimensions only.
S. No.
Description
Tolerance (mm)
164
1.
2.
3.
4.
Linear outline
In 6m of length
±12
In 12m of length
±18
Plumb, specified slope or curved surface of structures.
In 3m of height
±12
In 6m of height
±18
In 12m of height
±30
Dimensions of cross sections of structures +12
-6
Dimensions of footing
Dimensions of plan
Eccentricity
Thickness
+50
-12
0.02 times the width of footing in the
direction of deviation but not more
than 50mm
±0.05 times the specified thickness
5.1 Workmanship, cleanliness and strength of form work
1. The form work and its supports shall be of steel. Timber forms shall not be allowed (in UPWSRP
Works). Contractor shall provide details of proposed formwork to Engineer-in-Charge for his
approval before its use.
2. All rubbish particularly chippings, shavings, cement mortar and grout etc. shall be removed from
the interior faces of the forms. Cleaned faces will be checked before use. Inner faces of forms in
contact with concrete shall be oiled / greased to provide a thin uniform coating to the forms, without
coating reinforcement, before concreting.
3. Forms shall have sufficient strength to withstand all pressures during placement and vibration of
concrete including all dead and live loads in construction without any deflection from the prescribed
lines. Forms shall be made sufficiently rigid by use of adequate supports.
4. The joints in the formwork shall be made water tight to prevent loss of slurry from the concrete.
5. The forms required to be used more than once shall be maintained in a good condition, thoroughly
cleaned & repaired if required before re-use. All forms shall be checked for proper shape, cleanliness
and strength before re-use.
6. The contractor shall inform Engineer-in-Charge well in time before starting placement of concrete
in the forms to enable him to inspect the formwork for its adequacy, alignment, strength & overall
fitness.
7.The holes / recesses in the concrete resulting from removal of the end of the she-bolts, ties in the
forms and any damage to concrete surface caused by removal of forms shall be filled / repaired in
accordance with the provisions for Repair of Concrete and shall be finished flush with concrete
surface by contractor at his own cost.
8.Forms shall not be released until the concrete has achieved adequate strength. In normal
circumstances, where ambient temperature does not fall below 150C, ordinary Portland cement is
used and adequate curing is done, following striking period of forms will be adopted.
S.
Minimum period
No.
before striking
Type of formwork
formwork
165
1. Vertical formwork to columns, walls & beams
2. Soffit formwork to slabs (props to be re-fixed just after
removal of formwork)
3. Soffit formwork to beams (props to be re-fixed just after
removal of formwork)
4. Props to slabs
16-24 hours
3 days
7 days
Spanning upto 4.5m
7 days
Spanning over 4.5m
5. Props to beams and arches
 Spanning upto 6m
14 days



Spanning over 6m
14 days
21 days
9. Care shall be taken that the forms are stripped off without any injury to the concrete surface.
10. The contractor shall ensure that the number of props left-under, their sizes and disposition shall
be such as to be able to safely carry full dead load of slab, beam or arch together with any live load
likely to occur during curing or further construction.
11. If the inspection of forms reveals that forms are not strong enough to hold the concrete or are not
braced sufficiently to stay in alignment, Engineer-in Charge shall immediately notify the contractor
to set right the deficiencies and concrete shall not be placed before the forms are re-inspected and
found O.K.
12. A very common blemish on formed concrete surfaces is the off-set found at horizontal
construction joints at the bottom of new lift. Such off-sets shall be prevented by setting the forms to
fit snugly against the top of concrete in previous lift and securing them so as to remain in tight
contact during the placement of the concrete to prevent any leakage of cement slurry / mortar.
13. The anchoring of forms shall be done by using ample number of ties and bolts above and near the
construction joints.
14. Forms shall overlap the hardened concrete in the previous lift by not more than 50mm.
15. Occasionally, spalling may occur from the face of the concrete when forms are struck. This is
often caused by rough spots on the inner faces of the form where mortar adheres strongly to
overcome tensile strength of green concrete.
16. Uch areas on the faces of the form shall be cleaned, polished and then covered with a thin layer
of suitable form oil.
17. The following common deficiencies resulting in failure of form work shall be inspected and
addressed.
A)Inadequate cross / horizontal bracings.
b)Unequal horizontal filling of forms with concrete
c) Abnormal displacement in the forms during and after placement of concrete.
d) Lack of adequate inspection of form work.
Measurement and Payments :
Measurement of the form work (centring and shuttering) will be made only to the neat lines of the
structures as indicated on the drawing or as established by the Engineer-in-charge. Dimensions shall
be measured nearest to 1 cm. The areas shall be worked out to nearest 0.01 square meter. The rate
shall include the cost of all materials, labour, necessary tools & plants involved in above operations.
166
6
6.1
CEMENT

Cement for use in works shall be ordinary Port land Cement (OPC) 43 grade conforming to IS:
8112.

Pozzolana port land cement (PPC) conforming to IS 1489 may be used in specific locations,
components of the work subject to permission of Engineer-in-charge. However difference
between the market rates of OPC and PPC at the time of execution of such work shall be
deducted for the quantity of PPC actually used.
Properties
1. The compressive strength of cement shall be as under.
S.No.
Time
1
2
3
72 ± 1 hours (3 days)
168 ± 2 hours (7 days)
672 ± 4 hours (28 days)
Compression strength
OPC (IS: 8112) PPC (IS: 1489 II)
230 kg/cm2
160 kg/cm2
2
330 kg/cm
220 kg/cm2
430 kg/cm2
330 kg/cm2
2. Unit weight of cement shall be 1.44 T/m3. Average net mass of cement per bag shall be 50 kg.
3. The Pozzolana cement requires curing for a longer period.
4. The cement shall have normal setting time. The initial setting time shall not be less than 30
minutes and final setting time shall not be more than 600 minutes.
5. The consistency of cement should conform to IS:4031.
6.2
Tests
1. Manufacturer of cement shall furnish, on demand, a certificate to indicate that cement conforms to
the requirements of IS: 8112 or IS:1489 regarding chemical constituents, fineness, soundness, setting
time and compressive strength.
2. Average weight of cement Bag shall be as per IS:8112.
The number of bags in a sample for calculating the average net mass of a cement bag shall be –
S.No. Batch Nos.
Size
1
A
100 – 150
2
B
151 – 280
3
C
281 – 500
4
D
501 – 1200
5
E
1201-1200
6
F
3201 and above
The bags in a sample shall be selected at random.
Sample nos.
20
30
50
80
125
200
Number of bags showing minus error greater than 2% of standard mass of 50 kg shall not be more
than 5% of sample. Also the minus error in no such bag shall exceed 4% of standard mass of 50 kg.
6.2.1 Compressive strength (IS: 4031 – VII)
The average compressive strength at 7 days and 28 days per source of cement shall be tested on 2
167
sets of at least 3 mortar cubes of size 7.06 × 7.06 × 7.06 cm (face area 50 cm2). Material for each
cube shall be mixed separately with following quantities.
Cement 200 gm, standard sand 600 gms and potable water. Standard sand shall be of quartz with
grains of spherical shape and shall be free from silt. The sand shall pass 100% through 2 mm IS
sieve and shall be retained 100% on 90 micron IS sieve.
Cement and sand are mixed dry and the water is added to prepare a uniform mix of mortar. Mixing
time shall not be less than 3 minutes and more than 4 minutes. Mortar is then filled in cube mould
and prodded 20 times in 8 seconds to ensure elimination of entrapped air/honey combing. The mortar
in the mould is compacted by placing the mould on the table of vibration machine and given
vibration for 2 minutes. Top surface of cube is finished with trowel. Filled mould is kept in moist
closet for 24±1 hours. Moulds are then removed and cubes are cured for 14 days.
Cubes are tested on their sides without any packing between cubes and steel plates of testing
machine. One of the platters shall be carried on the base and load is uniformly increased @ 350
N/mm2 per minute starting from zero. Compressive strength is calculated by dividing maximum load
with cube surface area. Specimen giving variation of more than 10% is rejected. At least two
strength values are considered for determining compressive strength.
6.2.2 Consistency (IS: 4031 IV)
This test is conducted at source of cement. A paste of weighed quantity (about 500 gms) of dry
cement with weighed quantity of potable water is prepared. Mixing time shall not be less than 3
minutes and more than 5 minutes which shall be counted from time of adding water to the time of
starting to fill the paste in the vicat mould. The mould is placed over non-porous plate and slightly
shaken to expel the entrapped air while mixing. Top of paste surface is finished with a trowel.
The test block in mould together with non porous plate is placed under the rod bearing the vicat
plunger. The plunger is gently lowered to touch the surface of the test block and is quickly released
allowing it to sink into the paste just after filling the mould. Trial pastes with varying %age of water
are prepared and tested until the amount of water for allowing the plunger to penetrate to a point 5
mm from bottom of vicat mould is found. This amount of water in percentage gives the standard
consistency of cement.
6.2.3 Setting time (IS: 4031 – V)
Initial setting Time – Procedure for preparing cement paste and testing it are similar to those
described for consistency test. A neat cement paste is prepared with 85% of amount of water
required to procedure a paste of standard consistency. The needle of vicat plunger is gently lowered
to just touch the surface of test block and is quickly released to penetrate test cube. Initially needle
will completely pierce the block. Process is repeated until needle fails to penetrate the cube beyond 5
± 05 mm measured from bottom of cube. The time elapsed from this moment to the moment of
adding water to cement to prepare paste shall be the initial setting time of cement.
6.2.4 Final Setting Time:
The needle of vicat apparatus is replaced by a needle with annular attachments. The cement is
168
considered as finally set when upon applying the needle gently to surface of test cube, the needle
makes an impression there on while the attachment fails to do so. The time elapsed from these
moments to the moment of adding water to cement shall be the final setting time of cement.
6.3
Storage
1. The cement shall be stored in such a manner so as to prevent deterioration due to dampness or
water.
2. It shall be stored in water proof building and on wooden floor which will prevent the absorption of
moister from ground.
3. The cement shall be staked in rows having two bags in width and 8 bags in height. Bags shall be
arranged length wise and cross wise in alternate layers.
4. The rows shall be separated by sufficient space to provide easy access for inspections.
5. Cement shall be used on ‘first in first out’ basis i.e. cement received first shall be used first.
6. Cement loses strength with storage period. Cement older than 90 days shall be used only after
testing its properties.
6.4
Delivery
The cement shall be packed in bags bearing manufacturing name or his registered trademarks. The
words 43 grade, 53 grade as the case may be (or the trade mark of other type of cement), nominal
average net mass of cement, date of manufacture and Batch No. shall be legibly marked on each bag.
The bags shall be in good condition at the time of inspection.
7
FINE AGGREGATE (SAND)
The fine aggregate to be used in preparation of plain concrete, reinforced concrete, cement sand
mortar etc shall conform to IS: 383. It should consist of clean, hard, durable and strong form of
crushed stone, gravel or some suitable combination of natural sand, crushed rock/grand. The fine
aggregate shall not contain dust, lumps, soft or flaky materials, mica, silt, organic impurities or any
other type of deleterious materials. Presence of mica (Muscouite & Biotite) in sand will reduce,
considerably, the durability and compressive strength. The sand/fine aggregate shall be washed off
all the mixed earth before use. Fine aggregate having positive alkali-silica reactions, shall not be
used.
Quick color test shall be conducted in the field to determine the presence of any harmful organic
impurities in sand with 3% solution of sodium hydroxide, as under :1.A colour less liquid indicate clean sand free from organic matter
2. A Straw color liquid indicates some organic matter but not enough to be seriously objectionable.
3. A dark color will mean unsafe limits of organic matter.
169
7.1
Grading
The grading of fine aggregate has been divided in following four zones.
IS Sieve size
10 mm
Zone I
Zone II
Zone III
Zone IV
%age passing by weight
100
100
100
100
4.75 mm
90-100
90-100
90-100
95-100
2.38 mm
60-95
75-100
85-100
95-100
1.18 mm
30-70
55-90
75-100
90-100
600 micron
15-34
34-59
60-79
80-100
300 micron
5-20
8-30
12-40
15-50
150 micron
0-10
0-10
0-10
0-15
Sand conforming to zone I & II shall be used for concrete works. Sand conforming to zone III & IV
can also be used for concrete work but concrete mix shall be properly designed. The sand
conforming to zone IV shall not be used in reinforced concrete works.
If grading falls outside the limits of particular zone of sieves, except 600 micron sieve, by a total
amount not more than 5%, it shall be taken as conforming to that zone.
Percentage (by weight) passing through 600 micron sieve as specified in the table gives the grading
zone of the sand.
The amount of deleterious substances shall not exceed the percentage given below :
Deleterious substances
Percentage more than
Shale
1.00
Coal and ignite
1.00
Cinders and clinkers
1.00
Material passing 75-micron sieve
0.50
Alkali, mica and coated grain
3.00
The sum of the percentages of all deleterious substances shall not exceed 5% by weight. The sand
shall also be sound and free from any amounts of organic impurities.
7.2
Tests
1. One test per each consignment of sand shall be conducted.
2. The supplier, on demand, shall supply a certificate to indicate that material as per the requirement
of IS 383.
3. The weight of the samples for gradation shall not be less than that shown below.
Maximum size (mm) present in
Minimum weight of sample
Substantial proportion
for sieving (kg.)
4.75
0.2
2.36
0.1
The sample for sieving shall be prepared from larger sample either by quartering or by means of a
sample divider. The sample shall be brought to an air dry condition by drying it at room temperature
before sieving. Air dry sample is weighed and sieved successively on the appropriate sized sieves,
170
starting with the largest sieve. Each sieve shall be shaken separately over a clean tray until not more
than a trace passes but for a period of not less than two minutes. If sieving is done with a nest of
sieves on a machine, not less than 10 minutes sieving shall be continued.
To prevent blinding of sieve apertures by overloading, quantum of sand placed on each sieve shall be
such that the weight of sand retained on the sieve at the completion of the operation is not greater
than as underIS: Sieve
Maximum weight (for 20 cm dia sieve) gm
2.36 mm
200
1.18 mm
100
600 micron
75
300 micron
50
150 micron
40
75 micron
25
After completion of sieving, material retained on each sieve together with any material cleaned from
mesh shall be weighed. The result shall be reported as –
1. The cumulative percentage, by weight, of the total sample passing each sieve to the nearest whole
number.
2. Percentage, by weight, of the total sample passing one sieve and retained on the next smaller sieve
to the nearest 0.1%.
3.Specific gravity of sand shall be minimum 2.6
7.3
Bulking of Sand
Sand may contain an amount of moisture which will cause it, when loosely filled in a container, to
occupy a larger volume than it would occupy if dry. If the sand is measured by loose volume, it
becomes necessary to increase the measured volume of sand put into concrete or mortar to
compensate for this bulking. In ordinary sand, the bulking varies from 10 – 30%. The bulking is
more in fine sand. If sand is measured by weight, no allowance/ increase for bulking are needed.
For estimation of bulking,a graduated cylinder is filled with sand to approximately 2/3 height. The
cylinder is shaken and sand is leveled. The height of sand (H1) is noted. The cylinder is then filled
with water and is shaken well. The cylinder is kept undisturbed so that the sand settles down. The
height of settled sand (H2) is noted.
The percentage bulking of sand =
1− 2
2
100
Therefore when sand is measured by volume, extra quantity equal to this percentage is added.
8
COARSE AGGREGATE
Coarse aggregate shall conform to IS: 383. It shall consist of clean, hard, strong, dense, non-porous
and durable pieces of crushed stone, crushed gravel, natural gravel or a combination there of or other
approved inert material. The coarse aggregate shall not contain disintegrated stones, soft, flaky
elongated particles, vegetative matter or others deleterious materials. The aggregate should either be
rounded or cubical in shape. The unloading and stacking of coarse aggregate shall be done in a
manner to avoid any segregation. The course aggregate shall be washed of all the mixed earth before
use. The minimum specific gravity shall be 2.2 to 2.5.
8.1
Properties
a) Gradations – The coarse aggregate for use in concrete shall be well graded and should conform
to the specified gradation.
Percentage passing by weight for graded aggregate of
IS sieve size
nominal size
171
80 mm
40 mm
20 mm
10 mm
4.75 mm
40 mm
100
95 – 100
30 – 70
10 – 35
0.5
20 mm
100
95 – 100
25 – 55
0.10
b)Aggregate Impact Value – This is a relative measure of the resistance of an aggregate to sudden
shock or impact. This shall not exceed 45% by weight for general concrete and 30% of weight for
concrete in wearing surfaces.
c) Aggregate crushing value – This is a relative measure of resistance of an aggregate to crushing
under a gradually applied compressive load. This value shall not exceed 45% by weight for general
concrete and 30% by weight for concrete in wearing surfaces.
d) Water absorption – The water absorption of aggregate value submerged for 24 hours in water
shall not exceed 2% Water absorption is an indication of porosity of the aggregate.
e) Flakiness Index – This is the percentage (by weight) of particles in the aggregates passing
through various thickness gauges or sieves whose least dimension (thickness) is less than 3/5 of their
mean dimension. The index shall not exceed 25% by weight (IRC-SP 23).
f)Deleterious materials – These shall not exceed the limits as under (IS : 383)
Deleterious material
Coal & Lignite
Clay lumps
Soft fragments
Material timer than 75 it is sieve
Shale
Total of percentage of all deleterious
material (except mica)
8.2
Method of test
IS:2386 (Part II)
- Do - Do IS : 2386 (Part I)
- Do -
-
Percentage of weight maximum
1%
1%
3%
5%
TESTS
1. One test for each consignment of course aggregate shall be conducted.
2. The supplier, on demand, shall supply certificate to indicate that the material complies the
requirements of IS: 383.
8.2.1 GRADATION (IS: 2386-I).
The weight of the samples for gradation shall not be less than that shown below –
Maximum size present in
substantial proportions (mm)
40
20
10
6.3
4.75
Minimum weight of
sample for sieving (kg)
15.0
2.0
0.5
0.2
0.2
The sample for sieving shall be prepared from larger sample by quartering. The sample shall be
172
brought to an air dry condition by drying it at room temperature before sieving. The air dry sample is
weighed and sieved successively on appropriate sized sieves starting with largest sieve. Each sieve
shall be shaken separately over a clean tray until not more than a trace passes but for a minimum
period of two minutes. The material shall not be forced through the sieve openings by hand pressure.
If sieving is carried out with a set of sieves on machine, minimum period of sieving shall be ten
minutes.
To prevent blinding of sieve operations by overloading, the quantum of aggregates placed on each
sieve shall be such that the weight of aggregate retained on the sieve at the end of operation is not
more than the value as under –
IS sieve
Maximum weight for 30 cm dia sieve (kgs)
50 mm
4.5
40 mm
3.5
31.5 mm or 25 mm
2.5
20 mm
2.0
16 mm or 12.5 mm
1.5
10 mm
1.0
6.3 mm
0.75
4.76 mm
0.5
3.35 mm
0.3
The material retained on each sieve shall be weighed. The result shall be reported as1. The cumulative percentage, by weight, of total sample passing each sieve to the nearest whole
numbers.
2. Percentage, by weight, of the total sample passing one sieve and retained on next smaller sieve to
the nearest 0.1%.
The material retained on each sieve shall be weighed and percentage passing through each sieve is
calculated to determine the gradation of the aggregate.
8.2.2 Flakiness Index (IS: 2386 -Part I)
Sample shall consist of sufficient quantity of aggregate to provide minimum number of 200 pieces of
any fraction to be tested. Sample shall be sieved in the manner described for gradation of aggregate
with sieve sizes specified below. Each fraction shall be gauged in turn for thickness on sieves having
elongated slots. Width of slots used in sieve shall be of the dimensions shown here under.
Size of aggregate
Passing through
Retained on IS
IS sieve (mm)
sieve (mm)
63
50
50
40
40
25
31.5
25
25
20
20
16
16
12.5
Thickness
gauge (mm)
Length gauge
(mm)
33.90
27.00
19.50
16.95
13.50
10.80
8.55
81.00
58.50
40.50
32.40
25.50
173
2.50
10
10
6.3
6.75
4.89
20.20
14.70
Total amount passing the gauge shall be weighed to an accuracy of 0.1% of the weight of test
sample. The flakiness index is the total weight of the aggregate passing the various sieves expressed
as a percentage of total weight of the sample gauged.
8.2.3 Aggregate Impact Value (IS: 2386 – IV)
The test sample shall consist of aggregate, the whole of which passes a 12.5 mm IS sieve and is
retained on 10 mm IS sieve. The sample shall be dried in an oven for a period of four hours at
temperature of 100 – 110ºC and cooled.
A cylindrical metal mould of 75 mm diameter and depth of 50 mm shall be filled about 1/3 full with
the aggregate and tamped with 25 strokes of round tamping rod. The mould shall be filled up to top
in stages in same manner. Net weight of aggregate in the mould shall be determined (A).
The impact machine shall rest without any packing on a level platform. Cylindrical steel cup in the
machine shall be fixed firmly in position on the base of machine and the whole of the test sample is
placed in it and compacted by a single tamping of 25 strokes. Hammer of the machine shall be raised
until its lower face is 38 mm above the upper surface of aggregate in the cup. The hammer is allowed
to fall freely on the aggregates. The test sample shall be subjected to a total of 15 such blows, each at
an interval of one second or more. The crushed aggregate shall then be removed from the cup and
whole of it sieved on 2.36 mm IS sieve until no further amount passes through it in one minute. The
weight of fractions passing the sieve (B) and retained on it (C) shall be determined to an accuracy of
0.1 gm. In case weight (B+C) is less than (A) by more than one gram, result shall be discarded and a
fresh test is made. Two tests shall be made.
Aggregate impact value (AlV) = B/A×100
The mean of two results shall be reported to the nearest whole number.
8.2.4 Water Absorption (IS: 2386-III)
A sample of not less than 2000 gm of aggregate shall be tested. Two tests shall be made. Two
samples should not be tested concurrently.
The sample shall be washed to remove all fine particles and dust, drained and then placed in a wire
basket and immersed in distilled water at a temperature 22 – 32ºC with a cover of at least 5 cms of
water over top of basket. The entrapped air shall be removed from the sample by lifting the basket
containing it 25 mm above the base of the tank and allowing it drop 25 times at a rate one drop per
second. The basket and aggregate shall remain completely immersed during the operation and for a
period of 24 ± 0.5 hours after words. The basket and the sample shall then be lifted and weighed in
water (A1). Basket and the aggregate shall then be removed from water, drained and the aggregate
shall be gently emptied from the basket on a dry cloth. Empty basket shall be returned to water and
weight (A2). The aggregate placed on dry cloth shall be gently surface drained and spread out not
more than 1 stone deep on a dry cloth. The aggregate is completely surface dried by keeping it in
sunlight for 10 minutes and is weighed (B). The aggregate shall then be placed in oven in a shallow
174
tray at a temperature of 100 – 110ºC for 24 ± 05 hours. It will then be removed from oven, cooled in
a air tight container and weighed (C).
Water absorption (% of dry weight) =
100( − )
The individual and mean results, along with size of aggregate shall be reported.
8.3
Storage :
The aggregate shall be stacked in such a way as to prevent intrusion of any foreign materials such as
soil, rubbish, vegetation etc. Heaps of fine and coarse aggregates shall be kept separate. When
different sizes of fine and coarse aggregates are procured separately, they shall be stored in stock
piles so that they do not get intermixed. The aggregates shall be stock piled near to mixer site/B &
M plant to minimize re-handling. The aggregate shall be placed on a dry hard patch of ground if
available otherwise a platform or plane galvanized iron sheet or a floor of dry bricks shall be
prepared. If the coarse aggregate is stored on normal ground, it is advisable not to use the bottom
20cm layer of the aggregate.
9
WATER AND ADMIXTURES
Water for mixing
The water used for mixing of concrete and cement/sand mortar shall be free from any injurious
amounts of deleterious materials. The waters containing any sugar, excess of acid, alkali or salt shall
not be used. The pH value of water should be between 6 and 8. The tests for determination of solid
contents shall be conducted as per IS: 3025.
Limits of permissible impurities
Type of Impurity
Organic
Inorganic
Sulphates
Alkali Chlorides
Permissible Limits (By weight)
0.02%
0.30%
0.05%
0.10%
Potable water is generally considered fit for mixing concrete and preparation of mortar.
Curing Water
The use of water in curing is intended to penetrate the concrete/ mortar. The water should not
produce any unsightly deposit or objectionable stain on the surface. Even very low concentration of
iron and organic matter can cause staining on the surface. As per IS: 456-2000, the presence of
tannic acid or iron compounds are objectionable in curing water. In case of doubt about the
suitability of water particularly in remote areas or where water is taken from sources, not normally
utilized for domestic purposes, water should be tested before use.
9.1
Admixtures
175
Admixture is added to the concrete mix immediately before or during mixing to modify some
specific properties of concrete in fresh or hardened state. It shall be batched by means of mechanical
batcher in such a manner as will ensure uniform distribution of the admixture throughout the batch
during the specified mixing period. The properties commonly modified are
1.Rate of hydration
2.Setting times
3.Workability
4.Dispersion/ Air entrainment
In general construction activities, admixtures are added to improve the workability of concrete and
are a substitute for high water contents. The air entraining agents (AEA) are used as admixture in
such a case. The quantity to be added depends upon the desired percentage of air entrainment which
shall be fixed by the Engineer-in-charge. The quantity can be changed whenever necessary to satisfy
varying conditions encountered during construction. The air entrainment agent should conform to IS:
9103.
10
Hessian cloth
10.1 General requirements:
The hessianshall be woven with jute yarn in plain weave, with two single yarns drawn
through each split of reed. The hessian shall be generally of uniform construction. Selvedges shall be
firm, straight and may contain cotton yarn.
10.2.1Cut ( Full Cut ):
A length of continuously woven jute fabric measuring 82 m or more.
10.2.2Short Piece
A length of continuously woven jute fabric measuring 18 m or more but less than 82 m.
10.2.3 Lot
The quantity of hessian of one definite type, quality, packed in bales or rolls containing one definite
length and delivered tobuyer against one despatch note.
10.2.4 Roll
The cylindrical rigid package containing one type of hessian wrapped on suitable core and covered
with roll covering with outer layer stitched properly in conformity with IS 4744 : 1968.
10.3 Sampling, Testing andInspection
Unless otherwise agreed to between the buyer and the seller, the procedure for sampling shall be as
given in Annex B and the procedure for testing and inspection shall be as given in Annex Cof IS
Code 2818 ( Part 1) : 1990.
10.4 Criteria for Conformity
176
The lot shall be considered as conforming to the requirements of this standard, if the following
conditions are satisfied.
10.4.1 For Hessian Packed in Bales:
a) The total of the corrected net mass of the bales under test is not less than the total contract mass of
the bales.
b) The total length of hessian (cuts) in each bale shall conforms to the specified requirement.
c) The number of short pieces (cuts) in each bale under test does not exceed the specified numbers.
d) The average moisture content percent of the test samples does not exceed the specified
percentage.
e) The average oil content percent of the test samples does not exceed the specified percentage.
f) The average warpway and weftway breaking strength values of the test samples either by ravelled
trip test method or grab test method are not less than the corresponding breaking strength specified.
g) The average value of (i) mass per square metre, (ii) ends per decimetre, and (iii) picks per
decimetre for the test samples are in accordance with the requirements specified.
h) (i) Construction above ( 38 X 31 ) or ( 9 X 8 ) ( see Note )
Note - 38 X 31 stands for 38 ends/dm and 3 I picks/ 9 X 8 stands for 9 porters and 8 shots.
Not more than 20 percent of the widthreadings of the cuts under test are outsidethe spicified
tolerances and not more than half of these readings (10 percent) are below the specified nominal
value. However, no individual reading shallfall below the specified nominal value bymore than 0.5
percent subject to aminimum of 0.5 cm.
10.4.2 For Hessian Packed in Rolls:
a) The total of the corrected net mass of the rolls under test is within +8 to -2% percent of the
contract mass.
b) Observed length of the rolls is within +/-1 percent of the marked length of the rolls.
c) For moisture regain, oil content, breaking strength, mass, ends and picks, and width conditions
given in 9.4.1(d), (e), (f), (g) and (h) respectively are satisfied.
10.5 Sampling
Sampling should be done as per Annex B Clause 6.1 of Annex B of ISCode 2818 ( Part 1) : 1990.
10.6 Testing and Inspection
Testing and Inspection should be done as per Annex C Clause 6.1 of Annex Cof ISCode 2818 (
Part 1) : 1990.
177
Measurements
The measurements shall be taken correct to a mm. The circumference of pipe should be measured
upto mm and length will be multiplied to get quantity as given in Bill of Qauntities upto nearest 0.01
square meters. The rate for payments includes cost of material, wrapping (50% extra) of hessien
cloth, wastage, labour, contractor profit necessary toolsand equipments, all taxes, labour cess etc.
11
PVC Perforated Pipe
11.1 Each PVC pipe shall be clearly and indelibly marked in colour using ink/paint asGiven in IS
Code 4985, at intervals of not more than 3 meters. Alternatively, inkjet printing in any contrasting
colour can also be used for marking at intervals of not more than 3 metres. The markings shall show
the following:
a) Manufacturer's name or trade-mark,
b) Outside diameter,
c) Class of pipe and pressure rating,
d) Batch or lot number, and
e) The word plumbing in the case of plumbing pipes.
Class of Pipe
Class 1
Class 2
Class 3
Class 4
Class 5
Class 6
Plumbing pipes
Colour
Red
Blue
Green
Brown
Yellow
Black
Pink
11.2 The section of the drain should be as per drawing supplied by the Engineer in charge. The drain
should be carefully filled up to the bottom of the lining with graded filter with pipe as shown in
Drawing and properly compacted so as to form even bedding for lining. The pipe should be
perforated PVC150 mm/ 250mm Dia pipe as shown in drawing .The Work should be done as per IS
Code 4558.
11.3 Perforations shall conform to the following requirements unless otherwise specified or shown
on the drawings:
a. Perforations shall be either circular or slots.
b. Circular perforations shall be 1/4 ± 1/16-inch diameter holes arranged in rows parallel to the axis
of the pipe. Perforations shall be evenly spaced along each row such that the center to-center
distance between perforations is not less than eight times the perforation diameter. Perforations may
appear at the ends of short and random lengths. The minimum perforation opening per foot of pipe
shall be as shown in table bellow.
Material Specification PVC Pipe
178
S.no.
1
2
3
4
5
Nominal pipe size
(inches)
Minimum number of rows
circular
slot
Minimum opening
Per foot (Sq. inch)
4
6
8
10
12
2
4
4
4
6
2
2
2
2
2
0.22
0.44
o.44
0.44
0.66
c. Slot perforations shall be symmetrically located in two rows, one on each side of the pipe
centerline.
Slot perforations shall be located within the lower quadrants of the pipe with slots no wider than 1/8
inch and spaced not to exceed 11 times the perforation width. Minimum perforation opening per
lineal foot of pipe shall be as shown in above table.
d. On both the inside and outside of the pipe, perforations shall be free of cuttings or frayed edges
and of any material that would reduce the effective opening.
11.4 Measurement and Payment
Measurement shall be made in running meter after proper completion of work and payment shall be
made accordingly.
12 Reinforcement
12.1 General
1. All reinforcement shall be procured from genuine manufacturers. Re- rolled steel shall not
2.
3.
4.
5.
6.
be used in any component of work.
The contractor shall make his own arrangement to procure high yield strength deformed bars
of grade Fe – 415 in accordance with IS: 1786 and in quantity/ size as shown in the drawing.
Tested quality of steel reinforcement bars shall be used. Requisite IS test certificates from
manufacturers are to be provided by contractor to the Engineer before use of reinforcement
steel on the work.
Steel bars shall be stored in such a manner as to avoid distortion or deterioration by rusting /
corrosion.
To protect reinforcement steel from exposure to saline atmosphere, surface of bars shall be
treated with cement wash or any other suitable method shall be used.
The mass per meter run in Kg of reinforcement steel bars shall be as tabulated below (I.S.
1786).
S.
Nominal Size of bar
Cross sectional area
Mass per meter (kg)
2
No.
(mm)
(mm )
8
50.3
0.395
1.
10
78.6
0.617
2.
12
113.1
0.888
3.
16
201.2
1.58
4.
18
254.7
2.00
5.
179
6.
7.
8.
20
22
25
314.3
380.3
491.1
2.47
2.98
3.85
12.2 Cutting & Bending of Reinforcement
1. The bars shall be bent by hand or power cold, correctly and accurately to the size and shape
as shown in drawings or as directed by Engineer-In-Charge.
2. The radii of the bends in the main reinforcement bars shall not be less than 6 times bar
diameter. The radii of the bends of stirrups shall not be less than twice the diameter of the
bar.
3. Bars bent during transport and handling shall be straightened before being used on work.
Bars shall not be heated to facilitate bending.
4. Reinforcement bars from any rejected lot shall not be used.
5. Where reinforcement bars are bent aside at construction joints and after wards bent back into
their original position, care shall be taken to ensure that at no time radius of the bend is less
than 6 bar diameter. Care shall also be taken when bending back the bars to ensure that
concrete around bars is not damaged.
6. Reinforcement bars at the construction joints shall not be bent or re-bent and afterwards
straightened without the approval of Engineer.
12.3 Placing of Reinforcement
1. Rough handling, prior to placement shall be avoided. Reinforcement shall be secured against
displacement beyond the specified limits.
2. Before the reinforcement is placed, surface of bars and the surface of any metal supports
shall be cleaned of rust, loose mill scale, dirt or coats of paints, oil or other coatings which
may reduce bond with concrete.
3. Reinforcement steel bars shall be placed accurately to the dimensions and shape given in the
bar bending schedule shown on the relevant drawings.
4. Reinforcement bars shall not be allowed to sag between supports.
5. Unless otherwise specified by engineer in charge, reinforcement shall be placed with-in the
tolerances of ±10mm for effective depth of 200 mm or less and ±15mm for effective depth
more than 200mm.
6. Reinforcement bars shall be placed in position as shown in drawings. The bars crossing one
another shall be tied together at every intersection with annealed mild steel binding wire of
16 SWG by twisting the strands tight to make the skeleton of the steel bars rigid so that the
reinforcement is held in position and does not get displaced during the deposition of
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concrete.
7. Minimum distance between individual bars will be kept as per drawing. However following
guidelines shall be adopted.

Horizontal distance between two parallel main bars shall usually be the greater of the
twice diameter of the larger bar and 5mm more than nominal size of coarse aggregate.

The size of coarse aggregate may be reduced, with the permission of Engineer-in-Charge
around congested reinforcement to comply with these provisions.
8. All supports used for positioning of bars shall be of non-corrodible material. Metal supports
shall not extent to the surface of concrete except where shown in the drawing. Pieces of
broken stone or brick or wooden block shall not be used.
9. Special care shall be taken to prevent any displacement of reinforcement embedded in
freshly placed concrete.
10. The bars shall be kept in position by using pre-cast cement concrete cover blocks, spacer
bars, supporting bars and templates as directed by Engineer-in-Charge to provide specified
nominal clear cover to the reinforcement. Spacers / chairs shall be placed at a maximum
spacing of 1 m. c/c.
11. Cover blocks shall be of same grade as that of main concrete or of PVC.
12.4 Splicing
1. Preferably, bars of full length shall be used. Overlapping length of bars shall be as shown in
the drawing. As per IS: 456 the lap length of a bar shall not be less than 30 diameter of bar.
The overlapping bars shall be tied with binding wire as per provisions of IS 456.
2. When permitted by Engineer-in-charge or specified in the drawings, welded joints or
mechanical connections may be used as per IS: 456 subject to the appropriate tests to prove
that the joints are of full strength of bars connected. Costs of all material, equipment and
conducting tests, subject to the approval of Engineer-in-Charge, shall be borne by contractor.
3. Welding of joints in reinforcement bars shall be done in accordance with IS: 2751-1966, IS
456-2000.
4. Reinforcement bars with diameter of 28mm or greater may be butt welded. These bars will
be connected by overlapping, only when it is more practical than butt welding and
overlapping does not hinder concrete / reinforcement placement.
5. Reinforcement bars with diameter of 28mm or less may be connected by overlapping or butt
welding whichever is considered more practical by Engineer-in-Charge.
6. Welding pieces of reinforcement shall be tested at the rate of 0.5% of the total no. of joints
welded or as decided by Engineer-in-Charge. Specimen shall be taken from the actual site of
work. No extra payment shall be made.
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12.5 Nominal Cover to Reinforcement
1. Unless specified otherwise, actual concrete cover to the reinforcement shall not deviate from
the required nominal cover by (+) 10 mm.
2. The following Table may be referred to for the concrete cover for reinforcement unless
otherwise specified.
1
Thin slabs and walls
(i)
Beam sides
Not less than diameter of bar minimum 15mm.
Not less than diameter of bars minimum 25 mm.
2
Beam top and bottom ends
2 times dia of bars ; diameter of bars minimum 25
mm.
3
Columns
Not less than diameter of bars minimum 25 mm up to
200mm sides
4
Footings
Minimum 50 mm
5
Foundations
40mm
12.6 Payment
The rate in the bill of quantities for reinforcement shall include cost of steel, binding wire or
welding material, its cutting bending cleaning, placing, binding work and fixing in position as
shown on drawings and as directed by the Engineer-in-charge. The unit rate shall also include
cost of all devices for keeping reinforcement in approved position, cost of jointing as per
approved methods and all wastage, overlaps, dowels, binding wire or welding material and
spacers and cost of all incidental operations necessary to complete the work as per specifications.
13 L.D.P.E. Film under Lining
13.1 General:
A plastic membrane of low density polyethylene film of 200 micron shall be used below the concrete
lining in sides and in beds to prevent absorption of water in subgrade/reduce seepage losses. The use
of polyethylene sheet below concrete lining is for achieving better ultimate imperviousness of the
lining as a whole,
13.2 Film
The low density polyethylene film made from virgin raw material should conform to IS 25081984(reaffirmed-2003) and be of nominal thickness of 200 microns and should be black in color.
Film manufactured with recycled material will not be allowed to use.
The film shall be uniform in color texture and finish. The material shall be substantially free from pin
holes and undispersed raw materials, streaks and particles of foreign matter, there shall be no other
visible defects, such as holes, tears or blisters. The edges shall be free from nicks and cuts visible
182
to unaided eye.
The density of the material used in the LDPE film should be in between 0.922 to 0.937 gm/cc. melt flow
index in gm/10 minute should be in between 0.1 to 1.0., Percentage of carbon black content must be
2.5+/-0.5. Tensile strength at break must be 188 kg/cm2.
The film shall be furnished in the form' of flat, sheet or rolls or in the form of flat tubing or in any
other specified form as per direction of the Engineer in charge.
13.2 Laying Technique
The film shall be laid over the sub-grade prepared below the designed bed level to the extent of
cover thickness in strips perpendicular to water flow depending upon the width of the film, width of
the bed & perimeter of the section.
The film shall be spread loosely over the sub-grade so that it shall attain the contours of subgrade
and compensate for thermal variation during the day. It is recommended that an extra length of 2.5
percent, over the length of the film required for spreading over bed and side slopes should be provided
to take care of thermal variations during the day.
As polyethylene film is likely to be affected by very high temperature about 45°C obtaining in summer
days it would be advisable to avoid laying of the film under such high temperature. In case it is
necessary to continue the work on hot days as well working should be done carefully and Water should
be sprinkled on film to avoid over heating of film.
Adjacent layers of film sheet should be laid in such a manner that the width of an overlap should be
adequate and the overlap should point downstream.
The film sheets should be jointed using of the method described below
13.4 Jointing by hot bitumen
The film sheet can be joined by a coat of bitumen. Bitumen the grade 85/25 and 80/100 in the ratio
of 2:1 should be heated at a temperature around 100 0C. Heated bitumen can be tested on a small
piece of film sheet so that overheated bitumen may not damage the film. After ascertaining the
appropriateness of the temperature, apply a thick coat of tested bitumen on a 10 cm area along the
width of both the sheets and fold them as shown in Fig. and cover the same with brick (Dhamalies)
at a suitable interval depending upon the width of the film which should come directly over this joint
at a regular intervals. Using, damaged fill sheet is not recommended. However, this method has been
found convenient for repairing punctures in the film at site itself. In case of big holes, pieces of sheet
should be pasted from both sides.
13.5 Jointing by Heat sealing
The overlap joints can be heat sealed with a hot iron. The temperature of the iron should be
adjusted and maintained at 150°C and pressed on the film sheet joint overlap for 5 seconds or as
recommended for a 200 micron film thickness sheet. For every 50 micron increase in the film sheet
thickness the time would be increased by one second. To avoid the risk of film/sheet sticking to
iron a poly-tetra-fluoroethylene (PTFE) impregnated glass cloth or Teflon sheet or Cellophane sheet
should be placed between the film and the iron. Heat Sealing is the most effective method for jointing
183
the LDPE film.
In all type of joints the overlap should be kept normal to the flow and should point
downstream of the canal.
Extra length of film sheet should be placed in trench at embankment top and covered with earth. The
embankments may be then raised to designed level.
Connection To Structures - In case of structures in lined channels film should be embedded in the
solid structure, i.e. R.C.C/masonry by about 15 cm to provide impermeable layer. This film should
be protected by a layer of 50 mm to 100 mm thick cement concrete.
Do's and Don’ts for Geomembrane or LDPE film For Canal Lining.
(1)
Keep the rolls in original packing prior to actual use of laying and see at the time
of delivery that the rolls are packed properly.
(2)
Apply uniform pressure while thermal welding (heat sealing) the film sheet.
(3)
Don't leave unpacked rolls exposed to over prolonged periods or preferably store them
indoors.
(4)
Don’t rough-handle or drag rolls, as the film sheet may get damaged in the process.
(5)
Don’t let workers walk on the film sheet while the lining operation is in progress to
avoid puncturing of the film sheet, in case this is unavoidable, they should walk barefoot
after taking proper precautions for safety of film.
(6)
Don’t slide cement concrete on film/sheet to avoid damage and displacement
(7)
Don't use hooks for lifting the rolls.
Measurement and Payment
The payment for LDPE film shall be made in Sqm. The rate includes the cost of LDPE film,
transportation upto site, laying, Jointing etc. complete.
14
Cement Concrete Canal LiningUsing Paver Machine
14.1 Preparation of subgrade
The sub grade should be prepared, dressed and rolled true to level and according to the required
cross-section of the canal to form a firm compacted sub grade for the lining.
In other than predominantly sandy reaches where the dry bulk density of the natural soil is not less
than 1.8 g/cm3 initial excavation should be done up to about 30 cm above the final section and the
cutting to final shape should be done immediately before lining.
For checking the uniformity of side slopes, sample profiles at an interval of about 20 m. in straight
184
reaches and 10m in curved, reaches should be made. Concrete templates of suitable size should
be laid on the sample profiles. To begin with the top and bottom of the side templates should be
fixed with reference to the established centre line of the canal and the corresponding design
levels. For verifying the slope of the templates representing the sample profiles the diagonals of
the cross-section of canal, between the two opposite side templates are checked. After laying the
templates to the correct profile a cord should be stretched over the two templates (representing the
same profiles) and run along the slope till the surface between the two profiles is properly
leveled and dressed from top to bottom.
If at any point material of prepared sub grade has been excavated, beyond the neat lines required to
receive lining, the excess excavation should be filled with proper filler material compatible with sub
grade material and thoroughly compacted.
When partial filling of an existing canal is necessary to adequately reduce the crosssectional area to that required for lined canal, the fill should be placed and suitably
compacted to avoid its settlement and rupture of the lining
To cover up any lapses in the compaction of the inner core of the banks near the edges and to
allow sufficient width for a laborers to work conveniently a lip cutting width of not less
than 50 cm horizontally should be provided.
Compaction of Subgrade Predominantly Sandy Reaches
Bed
If the bed level is below required line the suitable material must be laid in 25 cm layers laid horizontally
and compacted by heavy duty vibro earth compactor or laid in 20 cm layer and compacted. The density
of compacted layer must be 70% of relative density. The level of compactor surface must be 10 cm
higher than the required level.
Sides
The fill material i.e. Soil or silt brought from the demarcated area must be laid in 20 cm layer
compacted to 15 cm. The thickness of layer may increase up to 25 cm if heavy duty vibro earth
compactor is used. Filled material must be compacted upto 70% of relative density.
Compaction of Sub grade in Other than Predominantly Sandy Reaches.
All compaction should be done at optimum moisture content in layers not more than 15 cm thick to
obtain a dry bulk density of not less than 95% of the density at optimum moisture content obtained in
accordance with IS 2720 (Part 7) 1992(standard proctor density).
Bed
Where the dry bulk density of the natural soil is less than 1.8 g/cm3 and the subsoil water is near the
Subgrade, the compaction should be done by under cutting the bed by 7.5 cm and then ploughing
up to 15 cm below the sub grade level, the loosened soil should then be re-compacted with sheep
foot rollers or other suitable devices. Where the subsoil water is low, requiring no dewatering and the
185
dry bulk density of the natural soil is less than 1.8 g/cm3 the compaction should be done by digging
the canal up to subgrade level and after loosening the earth below subgrade up to 15 cm by disc
harrows, or ploughing and compacting the same. After there, the second layer of 15 cm of earth
should be laid over 'the compacted layer by taking earth from lip cutting and compacted. The
compacted layer above the subgrade level, should be removed and the subgrade brought to design
before laying the lining.
Sides
Compaction on sides should be done, by suitable compactors to a depth of 30 cm to obtain a
minimum dry bulk density of not less than 95 percent of the density at optimum moisture content. The
fill material i.e. Soil or silt brought from the demarcated area must be laid in 20 cm layer
compacted to 15 cm. The thickness of layer may increase up to 25 cm if heavy duty vibro earth
compactor is used. Filled material must be compacted upto 95% of standard proctor density.
In present case partial filling of an existing canal is necessary to adequately reduce the
cross-sectional area to that required for lined canal, the fill should be placed and suitably
compacted to avoid its settlement and rupture of the lining.
14.2 Pride
The problem of effectively compacting the sub grade for side lining on slopes is very important.
In sides and bed, in addition to design thickness thirty cm (Perpendicular to side slope) or fifty
cm(horizontally) extra pride may be provided and compacted in horizontal layers to the required
density. This pride should be removed only just prior to the placement of lining, thus making a
fresh and well compacted surface available for lining.
For cutting best method is to leave the cutting 20 cm or so undercut (Perpendicular to the canal
slope) and remove this undercut only just prior to the placement of concrete lining.
14.3 Anti - Salt Treatment
Soil in all reaches should be tested for salt content before the lining is started. Where the salt content
is over 1.00 percent or sodium sulphate is over 0.36 percent, the subgrade should first be covered
with about 2mm thick layer of bitumen obtained by evenly spraying bitumen at a rate of about 2.35
kg/m2. To get a good bond between bitumen and soil, crude oil at a rate of 60.5 lit/m 2 should be
sprayed over it in advance of spraying bitumen. In case such a situation is encountered only in
small pockets the replacement of subgrade up to suitable depth by suitable earth from adjoining
reaches should be considered, if economical. Before spraying crude oil, subgrade should be perfectly
dry, clean and free from dirt, and crude oil should be allowed to penetrate the subgrade surface.
Bitumen should be heated to a temperature of 175°C and applied to the subgrade by a suitable
sprayer, immediately following the application of bitumen, dry sand should be uniformly spread.
Lining should be started 6-12 hours after spraying.
14.4 Trimming the canal section
General.
(a)
The provisions of this paragraph apply to the preparation of subgrade upon which concrete
lining is to be placed.
186
(b)
The work of trimming the canal section up to the underside of concrete lining and preparing
sub grade for concrete lining includes excavation, prepares the base for lining shall be
carried out by machine (trimmer) of adequate capacity to match with the paving machine
used for lining with insertion of PVC strip immediately, but in no case the time interval
should exceed 3 days in normal weather and 2 days in adverse weather conditions.
Wherever, earth is over excavated the item of trimming and preparation of sub-grade
includes, filling the over excavated portion with suitable semi-pervious material, watering,
compaction and its trimming upto underside of the concrete lining. Raincuts on the
banks shall be filled up with approved excavated material and shall be compacted
adequately to required line and level. The material required for filling the over excavation if
not available during excavation in soils to be done under this item shall be hauled from
stockpile and placed in position. The bed and side slopes shall be trimmed to the required
section by using trimmer machine. The canal bed and slopes shall be dressed, watered and
compacted by suitable slope compactors.
(c)
If at any point material has been excavated beyond the pay line required to receive the
concrete lining the excess excavation shall be refilled in horizontal layers with selected
material moistened, if required and compacted using rollers and slope compactors. The
layers may be placed parallel to the surface of the foundation. If at any point the foundation
material is disturbed or loosened during the excavation process or otherwise it shall be
moistened, if required and thoroughly compacted by tamping, rolling or other approved
methods to form firm foundations for placing the concrete lining.
(d)
Immediately prior to placing the first lift of bedding material, the surfaces of the
excavation and embankment to receive the material shall be adequately wetted to a depth of
15cm or toimpermeable.
(e)
After the canal prism has been shaped to a reasonably true and even surface as described
above, bedding material shall be placed on adequately wet surfaces in layersof 15cm.
maximum thickness to bring the bedding material to a height where it can be trimmed to
form a true and even surface upon which the concrete for lining is to be placed. Each layer
of bedding material shall be moistened and thoroughly compacted.
(f)
Suitable material trimmed from the canal shall be used to complete canal embankments or
to construct road embankments or for back fill around structures or to deposit bedding
material. Where material suitable for bedding as determined by the Engineer-in-Charge is
encountered during trimming operations and cannot be placed in one continues
operation, such material shall be stockpiled along the right of way where designated by the
Engineer-in-Charge.
Kankar or any sharp angular material shall be removed to provide reasonable smooth sub-grade.
Any weeds roots and vegetation that may damage the film should be removed.
If the reaches are weed infected, suitable anti-weed treatment of the sub-grade May be done to
discourage weed growth under the film The weedicides should be selected with utmost care
specially where the canal water is used for drinking/bathing purpose and should not be harmful
After completion of the spraying of weedicides and before taking up the next activity a period of
24 hours should be allowed for penetration of chemicals into the soil.
187
As there is no bond between concrete & LDPE film, the canal profile should not be smoothened
(with a layer of sand etc) as the undulations will form keys& prevent sliding tendency of concrete.
Tolerances:
Excavated profile provides the final base for lining and tolerances i.e. departure from established
alignment shall be as indicated.
+-
20mm on straight section
+-
50mm on tangents
+-
100mm on curves
+-
20mm Departure from established grade.
The above tolerance shall be negotiated gradually through smooth transition in a length of 50M.
14.5 Cement concrete for paver lining
Cement concrete for lining shall be prepared with four ingredients i.e. cement, fine aggregate,
coarse aggregate& water.
The M20A20 mix shall be designed on the basis of a minimum quantity of 395 kg cement /m3
concrete, 20 mm MSA of graded coarse aggregate, and water cement ratio of 0.350-0.70. Standard
deviation of 3.5 N/mm2 (as per IS: 456-2000) shall be assumed initially, if sufficient test results are
not available, for designing the concrete mix on the basis of 28 day target average strength. With
accepted proportion of low results (1 in 20), a factor of 1.65 shall be taken (as per IS: 10262-1982) to
compute the target strength. Established standard deviation shall be used there after upon availability
of the requisite test results (normally 30 test results)
Target average 28 day strength- 20 + 1.65 x Standard Deviation
The concrete manufactured shall conform to IS: 3873-1978. The concrete shall be of controlled
grade with suitable admixtures of approved air entraining agents, using well graded aggregates with
maximum size of aggregate of 20mm.
Batching.
(a) The contractor shall provide such means and equipments as are required to accurately
determine and control and relative amounts of the various materials including water, cement
admixture, fiber, sand and each specified size of coarse aggregate required for the concrete.
Such means and the equipment and its operation shall be subject, at all times, to the approval
of the Engineer-in- Charge. The quantity of cement fly ash (if required), sand and each size
of coarse aggregate entering each batch of concrete shall be determined by weighing and
the quantity of water required shall be determined by volumetric measurement.
(b) The measuring and weighing equipment shall operate within the limits of accuracy
specified. Standard test weights and other auxiliary equipments required for checking
188
their satisfactory performance shall be provided by the Contractor.
(c) The equipment shall be capable of controlling the delivery of material for weighing or
volumetric measurement so that the combined in accuracies in feeding and measuring during
normal operation do not exceed 1% for water and 3% for all aggregates, Periodical tests
shall be made at least once in every week in the case of equipment for measuring water,
cement and admixtures and at least once in every month in case of equipment measuring
sand and coarse aggregate. However, this shall not obviate any surprise checking and
testing at any time as desired by the Engineer-in-Charge. Repairs, replacement, or
adjustments of equipment shall be made as necessary in order to secure, satisfactory
performance.
(d) The Weighing equipment shall conform to the requirement of IS: 2722-1964 and the
batching and mixing plant to the requirement of IS: 4926 -2003.
Mixing
(a)Concrete shall be mixed in a mechanical mixer and shall be as dense as possible plastic enough to
consolidate well and stiff enough to stay in place on the slopes.
(b) Mixing shall be continued until there is a uniform distribution of the materials and the concrete
is uniform in colour and consistency. The time of mixing shall be as shown in table 1 of IS:457 1957,shall be matched with the lining equipment capability so as not to impede the specified placement
rate of each lining operation. The overall equipment deployment shall be such as to ensure the
completion of canal lining within the schedule period specified in the contract.
(c)Concrete when deposited shall unless otherwise specified have a placement temperature of not
less than 4.5°C and not more than 40°C.
(d) Concrete shall be deposited and spread on the bed and sides of the canal in strips. Concrete
may be so laid as to facilitate placing, vibrating, finishing and curing operations. The side lining
concrete on sides of canals shall be screeded up the slope, while the concrete is being vibrated ahead
of the screed. Concrete required for coping, keys, dowels as shown on the drawings shall be laid
integrally along with the side lining.
(f) The joints shall be formed by inserting PVC strips in green concrete.
Slump:
A slump range of about 35 mm – 70 mm shall be considered adequate at the placement site from
consideration of proper discharge of concrete from the transit mixer/ agitator cars, mechanical mixer,
and case of placement and attaining a well consolidated lining with a good finish.
For hand-placing and for placing with the light machines where concrete is screeded from bottom
to the top of the slope, the consistency shall be such that the concrete will barely stay on the slope. A
stump of 35 to 70mm shall be generally allowed. For heavier longitudinally operating slip-form
machines, a slump of 50 mm at the laying point shall be permitted. To have a close control of
consistency and workability of the concrete the slumps of concrete shall not vary by more than 20
mm which would otherwise interfere with the progress and quality of the work.
Air entraining agent:
189
AEA, as an admixture, shall be added to the concrete batch in solution in such a manner as will
ensure uniform distribution of admixture throughout the batch during the specified mixing period of
about 2.5 minutes to 3 minutes. The amount of AEA shall be such as to effect entertainment of about
5% air in the mix having 20 mm maximum size aggregate in order to have good workability and,
thus secure a good finish of concrete lining.
Aggregates:
Fine aggregate (sand) and coarse aggregate shall be well graded and proportioned in nominal sizes as
per IS: 383-1970 so as to impart good workability and finish. Aggregates shall be duly tested for
their gradation, specific gravity, water absorption, abrasion, soundness, petro graphic analysis,
deleterious constituents and alkali aggregate reactivity. Sand shall have a fineness modulus between
2.2 to 3.0, and the maximum size shall the limited to 4.75mm. Each grade of material shall be
stacked separately. The exact gradation required to produce a dense concrete of desired workability
and durability shall be evolved through laboratory testing and approved by the Engineer in Charge.
Concrete production and transportation
Concrete shall be produced in a stationary weight batching plant/plants of adequate capacity installed
at a suitable place/ places by the contractor and concrete conveyed to the placement site/sties in
mobile transit mixer for placement of concrete lining with fully mechanized concrete paver/pavers.
Alternatively, Mobile self-loading, weight batching, mixing and transporting mixer with the mixer
drum capacity of 2.8 m3 (or other suitable capacity) shall be deployed by contractor for production
of controlled concrete as well as transportation of this concrete to the placement site/sites. Concrete
transported by transit mixers or mobile batching mixing and transporting equipment shall be
delivered to the hopper of the side discharge conveyer of the Concrete Paver. The Paver shall screed
up the concrete and duly compact it (cylinder finishing). Contraction joints shall be cut with groove
cutters attached to the Paver machines and PVC water stop seal of 45X44mm shall be inserted in
concrete and finish to line as per drawing. Each lining machine and the associate support equipment
shall be capable of placing canal lining at an average advancement rate of not less than about 8m/hr
so that cutting of contraction joints and placing of PVC water stop seal, is achieved smoothly and
efficiently when the concrete is still in a good plastic state. Contraction joints shall be as shown in
the drawing or as directed by the Engineer.
i)
Broadly; mechanized cement concrete lining of bed and side slopes of the canal section
through deployment of concrete Paver of adequate capacity shall be done. Concrete shall be
transported by transit mixers from the batching and mixing plant.
ii) Concrete shall be placed only in the presence of a duly authorized representative of the
engineer.
iii) Concrete shall be mixed in a mechanical mixer. Hand mixing of concrete shall not be
permitted.
14.6 Laying of Concrete Lining
Tolerance in Concrete Thickness, Alignment and Grade
a)
Departure from Established alignment
+ 20 mm on straight reaches, 50 mm on
partial curves or tangents
190
b)
Departure from established grade
+ 20mm on small canals
c)
Variation on concrete lining thickness
+ 10 mm provided average thickness is not less
than specified thickness.
Paver Placing
Placing of concrete should not be started until all form work, installation of parts to be embedded
and preparation of surfaces upon which concrete is to be laid have been completed. All surfaces
against which concrete is to be laid should be moistened thoroughly so that moisture will not be
withdrawn from freshly placed concrete. The surfaces however, should be free from standing water
and mud The approved film is to be laid on the neatly well-dressed subgrade, and sleepers, and
fixed in position the LDPE film of top of bank below copping, so as to prevent displacement during
the placement of the concrete and 1:3 cement slurry shall be spread over the LDPE film before
placing concrete .
Concrete should not be dropped from excessive height and free fall should, be kept to a minimum to
avoid segregation and damage to LDPE film. Construction should be continued until satisfactory
construction joint is made. Concrete should not be placed faster than the placing crew can compact
properly.
Concrete transported by transit mixers or mobile batching mixing and transporting equipment shall
be delivered to the hopper of the side discharge conveyer of the Concrete Paver. The Paver shall
screed up the concrete and duly compact it (cylinder finishing). Contraction joints shall be cut with
groove cutters attached to the Paver machines and PVC water stop seal of 45X44mm shall be
inserted in concrete and finish to line as per drawing. Each lining machine and the associate support
equipment shall be capable of placing canal lining at an average advancement rate of not less than
about 8m/hr so that cutting of contraction joints and placing of PVC water stop seal, is achieved
smoothly and efficiently when the concrete is still in a good plastic state. Contraction joints shall be
as shown in the drawing or as directed by the Engineer.
iv) Broadly; mechanized cement concrete lining of bed and side slopes of the canal section
v)
vi)
through deployment of concrete Paver of adequate capacity shall be done. Concrete shall be
transported by transit mixers from the batching and mixing plant.
Concrete shall be placed only in the presence of a duly authorized representative of the
engineer.
Concrete shall be mixed in a mechanical mixer. Hand mixing of concrete shall not be
permitted.
Core test
In order to test the effectiveness of vibration, permeability and strength of concrete cores at suitable
places from the side as well as from the bed concrete should be taken from the placed concrete i.e.
paver placing.
As the concrete lining work progresses and has attained a minimum curing and setting of 28 days
period, cores shall be taken at random to evaluate the quality of concrete lining laid in respective
reaches. Frequency of coring shall be determined by the Engineer, broadly, it could be one core from
191
bed lining or side lining, as directed by the Engineer. In no case fewer than 3 cores shall be tested.
The cores shall be examined for segregation/honey combing and thickness of lining. The cores shall
be tested for compressive strength. The contractor shall allow all facilities and cooperation require
for testing of concrete.
In-situ sleepers in case of bed, in sides, should be provided under the joints. The sleepers should be
constructed as per drawing provided. The sleepers should be placed centrally below the joint.
Concrete used for sleepers should be of M15A20 grade as mentioned in contract. Concreting near
the joints should be done with utmost care so as to avoid segregation and collection of loose pieces
of aggregate along the form work which may later result in honey combing.
Concreting in curvilinear portion should be done such that side and bed both should rest firmly
against curvilinear to resist any back-kick from external hydrostatic forces. Procedure for
formation of junction of the sides with bed depending upon the sequence of laying.
Construction Joints
Construction joints form a work link in the lining and deterioration is generally noticed at such
joints. Besides joints are potential seepage points for the canal water. As such number of joints
should be kept to the minimum and great care should be taken to obtain well compacted and
smooth concrete surface at joints. To ensure a good surface the shuttering should be smooth,
cleaned, well-oiled and rigidly fixed at site. Besides different mechanisms for compaction of
concrete in lining, tamping with iron bar near the joint surface gives better results.
To cater for initial shrinkage and cracks, concreting should be done in alternate strips. The strips size
shall be 3.0 mtr. The top of LDPE film on sleepers and side of panel should be applied with primer
conforming to IS: 3384;1985. This will acts as an intercepts for seepage through the joint. In case
lining is laid by mechanical paver, PVC water stops are placed at joints along with the concreting.
Finishing
The surface of concrete finished against forms should be smooth and should be free from projections,
honeycombing and other objectionable defects. Immediately on the removal of forms, all
unsightly ridges or lips should be removed and undesirable local bulging on exposed surfaces should
be remedied by tooling and rubbing. Repairs to concrete surfaces and additions, where required,
should be made by cutting regular openings into the concrete and placing fresh concrete to the
required lines. The chipped openings should be sharp and should not be less than the thickness of
lining ie. 75 mm in depth. The fresh concrete should be the same grade as already laid concrete.
The mortar should be placed in layers not more than 20 mm in thickness after being compacted and
each layer should be compacted thoroughly. All exposed concrete surface should be cleaned of
impurities, lumps of mortar or grout and unsightly stains.
The concrete should be finished to an even and smooth surface free from pockets, voids or exposed
aggregates. This should be obtained by careful use of a long- handled steel trowel. Any
remaining roughness or rough spots shall be rendered smooth, without any time interval after laying
the concrete, with cement mortar.
(a)
All exposed concrete surfaces shall be cleaned of in- purities, lumps of mortar or grout and
192
unsightly stains should be removed. The finished surface shall be even, smooth and free from
pockets Where the surface produced by lining machines meet the specified requirements, no further
finishing operation will be required. Surface irregularities, when tested with a straight edge of 1.5
meter length shall not exceed 6mm in canal bed for bottom slab and 12mm in the laid on side slopes.
14.7 Curing
Subsequent to laying of concrete lining and after a period of 12 hours or as earlier as warranted by
site conditions, the lining should be cured for at least 28 days.
General
The concrete lining in canal bed & sides shall be cured with water in accordance with the
specifications. If water curing of lining in the canal bed in not carried out to the satisfaction of
the Engineer-in-Charge as per specifications. The contractor shall be directed to switch over to
liquid membrane forming curing compound for curing for which no extra payment shall be made to
the contractor.
All equipment, material, etc. needed for curing and protection of concrete shall be at hand and ready
for installing before actual concreting begins. Detailed plans, methods and procedures whereby the
various phases of curing and protection shall be firmly established, shall be settled and got approved
in writing from the Engineer-in-Charge sufficiently in advance of the actual concreting. The
equipment and method proposed to be utilized shall provide for adequate control and avoid
interruption of damage to the work.
Bed lining
Twelve hours after laying of concrete, small bunds longitudinal and cross-wise consisting of earth
materials or lean mortar (1:15) should be laid for a height of 8 cm for the purpose of curing. Water
will be kept always ponded in these bunds for 28 days continuously.
Side Lining
The strips in which concreting is done on the previous day should be covered with burlap or empty
cement gunny bags or hessian cloth. For the purpose of curing, water tank of 5000 liters capacity
should be placed on a platform at the edge of service road at the rate of one for 500 m length of
lining, which should be kept filled with water with arrangement of outlet and flexible hose of at
least 500 m length. Water should be continuously sprinkled on the gunny bags or hessian cloth
keeping them wet for 28 days. Sprinkling shall be done during night time also. The curing of side
slopes may also be done by perforated pipes on the coping at the top of lining or by sprinklers.
14.8 Testing of Concrete and Acceptance of Work
General
Testing of concrete shall be carried out at the cost of the contractor, by the standard testing Laboratory
on representative samples taken at the site of laying the concrete in accordance with relevant
Standard Specification.
Sample Procedure and Frequency
193
(a) Sampling Procedure: A random sampling procedure shall be adopted to ensure that each concrete
batch has a reasonable chance of being tested, I.e. the sampling should be spread over the entire
period of concreting and should coverall mixing units.
(b) Frequency: The minimum frequency of sampling of concrete to each grade shall be in
accordance with the following.
Quantity of concrete m3
Number of Samples
1 to 5
1
6 to 15
2
16 to 30
3
31 to 50
4
51 and above
4 Plus one additional sample for each
additional 50m3 or part there of
Note: Atleast one sample shall be taken during each shift.
Test Specimen
Three test specimens shall be made from each sample for testing at 28 days. Additional cubes may be
required for various purposes, such as to determine the strength of concrete at 7 days or all the time of
taking form Work, or to determine the duration of curing on to check the testing cubes cured by
accelerated methods as described in IS : 9018 -1978. The specimen shall be tested as described in IS:
518 -1959.
Test Strength of Sample
(a)
The test strength of the sample shall be the average of three specimens, individual
variation shall not be more than 15 percent of the average.
(b)
Contractor shall provide necessary unskilled labour and facilities for transport for
collection of samples, cores etc and shall remain present at the time when the samples,
cores etc. not taken. Testing shall be carried out at the testing laboratories set up at the site
or at any other laboratory that the Engineer-in-charge may decide upon and the results given
thereby shall be considered as correct and authentic and acceptable to the Contractor. The
Contractor shall be given access to all operations and tests that may be carried out as
aforesaid. All testing charges are to be borne by the contractor.
Acceptance Criteria
(a)
The average strength of the group of cubes cast for each day shall not be less than the
194
specified cube strength for the work. About 20 percent of the cubes cast of each day may
have values less than the specified strength provided the lowest value is not loss than 85% of
the specified strength.
(b)
In case the concrete does not conform to the accepted criteria for strength as specified
above, the Engineer-in-charge reserves the right to reject the work proved by him. Whenever
necessary for the purpose of obtaining economy, workability, density, impermeability,
durability or strength on account of variation in the quality and gradation of aggregates of
other materials the Engineer-in-charge, in consultation with Laboratory Division, shall
after testing, make necessary changes, and will not be entitled to any compensation on
account for such changes.
Tolerance
(a)
The intent of this paragraph is to establish tolerance that are consistent with modem
construction practice yet be governed by the effect that permissible deviations will have upon
the structural action or operational function of the structure, Deviations from the
established, lines, grades and dimensions shall be permitted to the extent set forth herein
below provided that the Deptt. reserves the right to diminish the tolerance set forth herein if
such tolerance impairs the structural action of operational function of the lining.
(b)
Tolerancefor lining shall be permitted within the following units :-
(i)
Departure from established alignment 20mm on straight reaches
50mm on tangents.
(ii) Departure from established grade100mm on curves
20mm on straight reaches
(iii) Variation in concrete lining thickness provided average thickness of each day’s
placement is not less than specified
thickness.
Any departure from alignment or grade shall be uniform and no corrections in alignment be made in
less than 50m. No over run in concrete quantity shall be paid to the Contractor:
Measurement will be on the basis of cubic meter of cement concrete lining and payment will be at
the unit rate quoted in Bill of Quantities. Payment for lining will be made for the thickness shown on
the drawing multiplied by the surface area in bed and on sides including keys. The thickness of
lining shall be determined by setting of paver machine in relation to final sub grade on which lining
is to be laid. The thickness shall be cross checked by (i) volume of concrete placed and area
covered (ii) use of probe when concrete is green and (iii) coring if required, any over in quantity of
concrete in lining shall not be paid to the contractor. The rate of concrete lining includes cost of all
195
ingredients, there transportation up to site, batching, mixing, and production of concrete, transportation
of concrete, placing of concrete by Paver machine, compaction of concrete, finishing, sprinkling of 1:3
cement water slurry on LDPE film, curing, testing charges and assistance required in testing.
Adjustment of rate
The rate of the concrete has been worked out with the 395 kg of cement in 1 Cum. of concrete. If due to
mix design cement content in 1 Cum. of concrete is reduced or increased, then rate shall be reduced
proportionately as per estimation.
14.9 Joints
In canal lining contraction joints shall be provided to accommodate expansion and contraction
of the concrete or to provide continuity between the breaks in construction work. Joints shall be
provided as shown on the drawings or as directed by Engineer-in-charge.
Construction Joints
To cater for initial shrinkage and cracks, concreting should be done in strips. The strips size shall be
3.0 mtr. The top of LDPE film on sleepers and side of panel should be applied with primer
conforming to IS: 3384-1985. This will acts as an intercepts for seepage through the joint. In case
lining is laid by mechanical paver, PVC water stops are placed at joints along with the concreting.
Joints with Bitumen sealing compound
Contraction joints shall be provided and treated as show in the drawings or as directed by the
engineer. Longitudinal contraction joints shall be provided in center of the bed. The shape, spacing
and dimensioning of contraction joints shall be as shown in the drawing, broadly, the joints shall
extend to 1/3 of lining thickness (viz 2.5 cm for 7.5 cm thick lining) with a top width of 12mm
maximum and tapering to 9mm to join a 45º groove at bottom. The contractor must ensure that the
grooves are of specified dimensions, acceptable to the Engineer in Charge. After casting of strips
thermacol sheet shall be placed in the joint to protect the edges and check the filling of joint by waste
material. When the joints was to be filled by the filler material these sheets will be removed and
joints shall be clean by applying air water jet, air jet etc. Before filling the joint, joint must be well
cleaned and dried. So bituminous primer and other filling material stik to the concrete.
Filling of joints
Filling of joints shall be taken up only after a minimum of 28 days setting period of CC lining. The
grooves shall be cleaned thoroughly to their full depth and width by brush, air jet, water jet etc. All
loose particles and foreign matter shall be removed and the grooves shall be thoroughly clean and
dry to the satisfaction of Engineer in Charge or his representative so as to ensure good adhesion to
the sealant. The primer shall then be applied by means of brush or any other suitable applicator to
cover the sides completely before the application of sealing compound mix. Primer shall be as per IS
code 3384-1986.
196
Composition of sealant
Unless otherwise specified, the sealant shall be prepared from the following materials:
1. Bitumen 85/25
2. Sand (fineness modules 1.0 to 1.5)
3. Asbestos powder (of white colour)
=
55%
=
43%
=
2%
The sealant shall be prepared by heating the bitumen to 375º F and sand also to the same temperature
separately. The sand shall be mixed with 2/3rd quantity of bitumen fist and then asbestos powder
shall be added to it. The remaining 1/3rd quantity of bitumen shall then be added to his mix and
stirred thoroughly. The grooves shall be covered with wooden strip and held on slopes with the help
of clay puddle put along the sides. The wooden strips shall be coated with greases on inner side so
that is may not stick to the filled in similar manner. The joint shall be finished with hot trowel and
any hole shall be refilled with sealant. Filling of joints shall commence from bottom of slopes.
Measurement and payment
The joint shall be measured in the running meter up to 1 cm. The payment shall be made as per rate
quoted in G Schedule. The rate shall be inclusive of cleaning of joint, painting with the bituminous
primer, filling of joint with sealant, cost of all material etc. complete.
PVC water stop seal joint
In the transverse joints PVC (Polyvinyl Chloride) strips shall be provided with the shapes conforming
to dimensions shown on the drawing and off white 'in color. The finished PVC strips shall be extruded
from virgin, pigmented, plasticized polyvinyl chloride (PVC) The PVC strips shall be dense,
homogeneous, free from holes and other imperfections. The cross section of the PVC strips shall
be uniform along its length and thickness shall be symmetrical transversely. Tolerance for
dimensions in overall length and width shall be 5% and in thickness 10%. The finished PVC strips
shall meet the following requirements.
No.
Characteristic
1.
Tensile strength
2.
Ultimate elongation%
3.
Tear Resistance
4.
Stiffness if flexure Kg/cm2
5.
Accelerated extraction
(a) Tensile Strength
Values
Kg/cm2
Kg/cm2
116
Minimum
300
Minimum
49
Minimum
24.6
Minimum
Kg/cm2
105
197
(b) Ultimate elongation
Kg/cm2
250
6. Effect of alkali at 7 days
(a) Weight increase
0.10
(b) Weight decrease
%
(c) Hardness change point
±5
0.10
Effect of alkali at 28 days
(a) Weight increase
%
0.4
(b) Weight decrease
%
0.3
(c) Dimension change
%
±1
(a)
The above determination shall be made in accordance with the specifications of Central Water
Commission, Govt. of India in value. The surface finish of PVC strips shall be mat finish, and
off white in colour.
(b)
Contractor shall arrange for getting the finished PVC strips tested in recognized testing
Government Test Houses. The Contractor shall furnish test same of PVC strips in 30 cm length
reel and free of cost also shall bear testing cost. Each sample shall remarked with the number
of the reel from which sample is obtained and with certification that the samples are from the
roots to be furnished
(c)
It is mandatory Diamancatory for the manufacturer of the PVC strips, from whom the
contractors procure PVC strips, to have a full fledged testing laboratory in the factory to
enable pre-dispatch testing of the products, as in the event of laboratory test reports being
received after a few weeks, showing substandard values. It would not be possible to remove
the material embedded in concrete. Test reports from Government test houses shall also be
binding on the manufacture based on sample drawn by the Engineer-in-charge and sent for
testing to Government test house, from consignments received at site. The Contractor will
got the sample of PVC strip approved by the Engineer-in-charge. He will furnish the name of
manufacture, the details of the in-house testing all arrangements with the manufacturer and will
also furnish a test report from the in-house testing facilities along with the sample.
(a)
The PVC strips shall be inserted in the concrete lining when concrete is plastic by
198
automatic machines attached with paver. If lining is laid manually than the PVC strips
at edges shall be placed in position fixed with longitudinal channels by clips of such other
arrangement prior to laying of concrete. The PVC for crack inducing joints shall be inserted
in position in concrete lining as shown in the drawing. The insertion of the longitudinal or
transverse PVC for crack including joints at the predetermined locations of joints requires
special attention to ensure location (depth is especially important), plumb installation and
consolidated around the PVC for crack inducing joint. The longitudinal final PVC strips
include a cellular upper fin. The inspection fin shown on the plate shall be comparatively
thin and shall remain above the top surface of lining it is important that top of the upper be at
or near the concrete surface The manner of installation shall include mechanical vibration
that produces thorough consolidation of the concrete around the crack inducing joint and
provides a continuous contact between the concrete and all surface of the crack inducing joint.
(a)
Measurement will be on the basis of running meter of PVC strip joints provided as per
requirements and as directed by the Engineer-in-charge. The payment will be at unit
into quoted in Bill of Quantity.
(b)
The unit rate for PVC strip joints includes providing and fixing PVC for crack inducing
joints to specified depth in panels as directed by the Engineer-in-charge costs of all
material inducing wastage, equipments, labour, tools, transport with all leads and lifts,
finishing and also dewatering where required.
15 Dewatering
15.1 Where water is met with in excavation due to seepage, springs, rain or other reasons, the
contractor shall take adequate measures such as bailing, boring, pumping, construction of diversion
channels, drainage channels, bunds, and any other necessary works to keep the working area dry
when so required and to keep the green concrete/ masonry protected against damage by or
undermine its strength including erosion at the contractors cost and risks. In this regard and other
details thereof, it shall be left to the choice of the contractor but subject to the approval of the
Engineer-in-charge. Approval of the Engineer-in-charge shall however, not relieve the contractor of
his responsibility for the adequacy of dewatering and protection arrangements and the safety of the
works. Pumping from inside of working area enclosures shall be done in such a manner as to
preclude the possibility for the movement of water through any freshly placed concrete. No surface
pumping shall be permitted during the placing of concrete or for any period of at least 24 hours
thereafter, unless it is done from a suitable sump separated from the concrete work by a watertight 56
wall or similar means. At the discretion of the contractor and at his cost, approved methods may be
used to prevent or to reduce seepage and to protect the excavation area. The contractor shall take all
precautions in diverting channels and in discharging the drained water so as not to cause damage to
the works or to adjoining property
15.2The following points should be taken care of while dewatering:
1) After above the water table dewatering of the working area should be commenced by well
points/open pumps/deep well pumps and the water table progressively lowered.
199
2) In sandy soil well point systems may be suitable for dewatering. In silty clay foundations strata
open pumps and/or deep well pumps may be suitable. If an impermeable compact shingles & cobble
layer is sandwiched between sandy layers in. the depth to be excavated, deep-well pumps with
strainer throughout the depth of the tube well will be suitable.
3) The bore hole details indicating the foundation strata, soil characteristic namely, grain sizes,
distribution, relative density and permeability should be examined before deciding on the system of
dewatering.
4) The preliminary requirements of dewatering pumps should be based on the inflow to the work
area, calculated on the basis of permeability of the strata and closeness of the water source/ sources.
5) The designs, installation and operation of dewatering system should be in accordance with IS
9759: 1981. Guidelines for Dewatering During Construction. 6) During dewatering care should be
taken to ensure that there is no removal of fines from the substrata that may weaken the canal lining.
7) Any seepage from foundation at local points or springs should be taken care of properly so that
there is no piping of the foundation material.
15.3 Payment
Proper Log Book for each pump in KWH should be maintained and intimated to the Engineer-incharge as per his directions, and Payment shall be made accordingly.
200
References:
IS No.
13143:1991
12331-1988
12379-1988
10430-2000
3873-1993
(Reaffirmed 2004)
4701-1982
(Reaffirmed 2004)
10430-2000
9451-1994
(Reaffirmed 2004)
8835-1978
10430-2000
(Reaffirmed 2004)
5690-1982
9447-1980
7114-1973
12379-1988
8835-1978
(Reaffirmed 1999)
1904-1986
6403-1981
7986-1976
(Reaffirmed 1990)
2131-1981
6936-1992
5256-1992
9452(Part3)-1988
7784(Part1)-1993
7784(Part2/Sec1)-1995
7784(Part2/Sec2)-2000
7784(Part2/Sec3)-1996
7784(Part2/Sec4)-1999
7784(Part2/Sec5)-2000
9698-1980
456-2000
IS 4926:2003
SP : 6(1)-1964
Particulars
Joint in concrete lining of canals sealing compound-specification
General requirements for canal outlets
Code of practice for lining of water courses and field channels
Criteria for design of lined canals and guidance for selection of type of lining
Laying cement concrete/stone slab lining on canals
Earthwork on canals
Lined canal and selection of type of lining
Lining of canals in expansive soils
Planning and design of surface drains
Criteria for Design of Lined Canals and Guidance for Selection of Type of Lining
Laying combination lining for existing unlined canals
Assessment of seepage losses from canals by analytical method
Hrdraulic design of cross regulators for canals
Lining of water courses and field channels
Planning and design of surface drains
Code of practice for design and construction of foundations in soils:
general requirements
Code of practice for determination of bearing capacity of shallow
foundations (First Revision)
Code for practice for canal outlets
Method for standard penetration test soils
Guide for location selection and hydraulic design of canal escapes
Sealing expansion joints in concrete lining of canals code of practice
Code of practice for measurement of seepage losses from canal
(Part 3 : Seepage Meter method)
Design of cross drainage works code of practice Part 1 :
General Features
Specific Requirements -Aqueducts
Specific Requirements -Super Passage
Specific Requirements -Canal Syphons
Specific Requirements -Level Crossings
Specific Requirements -Syphone Aqueducts
Lining of canal with low density polyetheline Film
Plain and Reinforced Concrete
Ready-Mixed Concrete — Code of Practice
ISI Hand Book for Structural Engineering - Structural Steel Section (Revised)
201
IS No.
2720 (Part VII) - 1980
(Reaffirmed 1987)
2720 (Part I) - 1983
(Reaffirmed 1995
IS
7784
(Part
II/Sec5)1980
IS : 9698 - 1980
IS 6938 : 2005
IS 4622:2003
IS 10262 : 1982
IS 10379 : 1982
IS 10646: 1991
IS 12169 : 1987
IS 12269 : 1987
IS 12330 : 1988
IS 12330 : 1988
IS 13311:1992 Part 2
IS 2386 : 1963 Part 3
IS 2386 : 1963 Part 4
IS 2386 : 1963 Part 5
IS 2386:1963 Part 1
IS 2720 : 1985 Part 4
IS 2720 : 1985 Part 5
IS 2912 : 1999
IS 3872 : 1966
IS 4622 : 2003
IS 4839 : 1992 Part 1
IS 4839 : 1992 Part 1
IS 4839 : 1992 Part 1
IS 4839 : 1992 Part 2
IS 4839 : 1992 Part 3
IS 4997 : 1968
IS 7112 : 2002
IS 8112 : 1989
IS:7718(part-I)-1975
IS:456-2000
IS:516-1999
IS:823-1964
IS 2818 ( Part 1) : 1990
UPID
Specifications,Volume-I,
Particulars
Methods of Test for Soil - Part VII : Determination of Water Content –
Dry Density Relation Using Light Compaction (Second Revision)
Methods of Test for Soil - Part I : Preparation of Dry Soil Samples for
Various Tests (Second Revision)
Code of Practice for Design of Cross Drainage works
Code of Practice for Lining of Canals with Low density Polyethylene Film
Design of Rope Drum and Chain Hoists for Hydraulic gates - Code of
practice (Second revision)
Recommendations for Structural Design of Fixed-Wheel Gates (Third Revision)
Recommended Guidelines for Concrete Mix Design
Field control of moisture and compaction of soils for embankment
and subgrade
Canal Linings - Cement concrete tiles - Specification
Criteria for Design of small embankment dams
Specification for 53 Grade Ordinary Portland cement
Specificatin for Sulphate Resisting portland cement
Specification for Sulphate resisting portland cement
Non Destructive Testing of Concrete - Methods of Test
Aggregates for Concrete
Methods of Test for Aggregates for Concrete
Aggregates for Concrete
Methods of Test for Aggregates for Concrete
Methods of Test for Soils
Methods of Test for Soils
Liquid flow measurement in open channels - slope area method
Lining of Canals with burnt clay tiles
Recommendations for Structural design of fixed wheel gates
Maintenance of Canals
Recommended Method for Closing Breaches in Canals
Maintenance of canals code of practice
Criteria for Design of Hydraulic Jump type stilling basins with Horizontal
and sloping apron
Criteria for Design of cross-section for unlined canals in alluvial soil
43 Grade Ordinary Portland Cement - Specification
Recommendations for inspection, testing and maintenance of fixed wheel and side
gates
Plain and reinforced concrete
Methods of tests for strength of concrete
Electric arc welding
Indian Hessian -Specification
Materials, Carriage of materials and Earth work
202
IS No.
March-1990
Particulars
Materials, Carriage of materials and Earth work
Mortar, Concrete, Brick work, Stone work and drawings
UPID
Specifications,Volume-II,
May-1990
Wood work, Steel work, Roofing, Flooring, Plastering and ,Finishing
UPID
Specifications,Volume-III,
Dec.-1989
UPID
Specifications, Repair work, Road work, Sanitary fitting, Water supply, Dismantling
& Demolition, Damp proofing,
Volume-IV,
Nov.1990
203
Drawings
3-204
PART 3 – CONDITIONS OF CONTRACT
AND CONTRACT FORMS
205
1.
General Provisions ....................................................................................................... 213
1.1
Definitions.......................................................................................................... 213
1.2
Interpretation ...................................................................................................... 219
1.3
Communications ................................................................................................ 219
1.4
Law and Language ............................................................................................ 220
1.5
Priority of Documents ....................................................................................... 220
1.6
Contract Agreement .......................................................................................... 221
1.7
Assignment ........................................................................................................ 221
1.8
Care and Supply of Documents ........................................................................ 221
1.9
Delayed Drawings or Instructions .................................................................... 222
1.10 Employer’s Use of Contractor’s Documents ................................................... 222
1.11 Contractor’s Use of Employer’s Documents ................................................... 223
1.12 Confidential Details........................................................................................... 223
1.13 Compliance with Laws...................................................................................... 224
1.14 Joint and Several Liability ................................................................................ 224
1.15 Inspections and Audit by the Bank................................................................... 224
2.
The Employer ............................................................................................................... 224
2.1
Right of Access to the Site ................................................................................ 224
2.2
Permits, Licences or Approvals ........................................................................ 225
2.3
Employer’s Personnel ....................................................................................... 226
2.4
Employer’s Financial Arrangements ................................................................ 226
2.5
Employer’s Claims ............................................................................................ 226
3.
The Engineer................................................................................................................. 227
3.1
Engineer’s Duties and Authority ...................................................................... 227
3.2
Delegation by the Engineer............................................................................... 229
3.3
Instructions of the Engineer .............................................................................. 229
3.4
Replacement of the Engineer ............................................................................ 230
3.5
Determinations................................................................................................... 230
4.
The Contractor .......................................................................................................229231
4.1
Contractor’s General Obligations ...............................................................229231
4.2
Performance Security ..................................................................................230232
4.3
Contractor’s Representative........................................................................231233
4.4
Subcontractors .............................................................................................232234
4.5
Assignment of Benefit of Subcontract .......................................................232234
4.6
Co-operation ................................................................................................233235
4.7
Setting Out ...................................................................................................233235
4.8
Safety Procedures ........................................................................................234236
4.9
Quality Assurance .......................................................................................234236
206
Section VIII. General Conditions
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.18
4.19
4.22
4.23
4.24
Site Data ...................................................................................................... 235237
Sufficiency of the Accepted Contract Amount ......................................... 235237
Unforeseeable Physical Conditions ........................................................... 236238
Rights of Way and Facilities ...................................................................... 237239
Avoidance of Interference .......................................................................... 237239
Access Route ............................................................................................... 237239
Transport of Goods ..................................................................................... 238240
Protection of the Environment ................................................................... 238240
Electricity, Water and Gas ......................................................................... 239241
Security of the Site ..................................................................................... 241243
Contractor’s Operations on Site................................................................. 241243
Fossils .......................................................................................................... 242244
5.
Nominated Subcontractors .................................................................................. 242244
5.1
Definition of “nominated Subcontractor” ................................................. 242244
5.2
Objection to Nomination ............................................................................ 242244
5.3
Payments to nominated Subcontractors .................................................... 243245
5.4
Evidence of Payments ................................................................................ 243245
6.
Staff and Labour ................................................................................................... 244246
6.1
Engagement of Staff and Labour ............................................................... 244246
6.2
Rates of Wages and Conditions of Labour ............................................... 244246
6.3
Persons in the Service of Employer........................................................... 245247
6.4
Labour Laws ............................................................................................... 245247
6.5
Working Hours............................................................................................ 245247
6.6
Facilities for Staff and Labour ................................................................... 245247
6.7
Health and Safety ........................................................................................ 245247
6.8
Contractor’s Superintendence .................................................................... 247249
6.9
Contractor’s Personnel ............................................................................... 247249
6.10 Records of Contractor’s Personnel and Equipment.................................. 247249
6.11 Disorderly Conduct..................................................................................... 247249
6.12 Foreign Personnel ....................................................................................... 248250
6.13 Supply of Foodstuffs .................................................................................. 248250
6.14 Supply of Water .......................................................................................... 248250
6.15 Measures against Insect and Pest Nuisance .............................................. 248250
6.16 Alcoholic Liquor or Drugs ......................................................................... 248250
6.17 Arms and Ammunition ............................................................................... 248250
6.18 Festivals and Religious Customs ............................................................... 248250
6.19 Funeral Arrangements ................................................................................ 249251
6.20 Prohibition of Forced or Compulsory Labour .......................................... 249251
6.21 Prohibition of Harmful Child Labour........................................................ 249251
6.22 Employment Records of Workers ............................................................. 249251
6.23 Workers’ Organisations .................................................................................. 249251
6.24 Non-Discrimination and Equal Opportunity ................................................. 250252
7.
Plant, Materials and Workmanship ................................................................... 250252
7.1
Manner of Execution .................................................................................. 250252
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7.2
7.3
7.4
7.5
7.6
7.7
7.8
207
Samples ........................................................................................................250252
Inspection .....................................................................................................250252
Testing ..........................................................................................................251253
Rejection ......................................................................................................252254
Remedial Work ............................................................................................252254
Ownership of Plant and Materials ..............................................................253255
Royalties.......................................................................................................253255
8.
Commencement, Delays and Suspension ...........................................................253255
8.1
Commencement of Works ..........................................................................253255
8.2
Time for Completion ...................................................................................254256
8.3
Programme ...................................................................................................254256
8.4
Extension of Time for Completion .............................................................255257
8.5
Delays Caused by Authorities ....................................................................256258
8.6
Rate of Progress ...........................................................................................256258
8.7
Delay Damages ............................................................................................257259
8.8
Suspension of Work ....................................................................................257259
8.9
Consequences of Suspension ......................................................................258260
8.10 Payment for Plant and Materials in Event of Suspension .........................258260
8.11 Prolonged Suspension .................................................................................258260
8.12 Resumption of Work ...................................................................................259261
9.
Tests on Completion ..............................................................................................259261
9.1
Contractor’s Obligations .............................................................................259261
9.2
Delayed Tests...............................................................................................259261
9.3
Retesting.......................................................................................................260262
9.4
Failure to Pass Tests on Completion ..........................................................260262
10.
Employer’s Taking Over ......................................................................................260262
10.1 Taking Over of the Works and Sections ....................................................260262
10.2 Taking Over of Parts of the Works ............................................................261263
10.3 Interference with Tests on Completion ......................................................262264
11.
Defects Liability......................................................................................................263265
11.1 Completion of Outstanding Work and Remedying Defects .....................263265
11.2 Cost of Remedying Defects ........................................................................263265
11.3 Extension of Defects Notification Period ..................................................264266
11.4 Failure to Remedy Defects..........................................................................264266
11.5 Removal of Defective Work .......................................................................265267
11.6 Further Tests ................................................................................................265267
11.7 Right of Access............................................................................................265267
11.8 Contractor to Search ....................................................................................265267
11.9 Performance Certificate ..............................................................................265267
11.10 Unfulfilled Obligations ...............................................................................266268
11.11 Clearance of Site ..........................................................................................266268
12.
Measurement and Evaluation ..............................................................................266268
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208
12.1
12.2
12.3
12.4
Works to be Measured ................................................................................ 266268
Method of Measurement ............................................................................ 267269
Evaluation ................................................................................................... 267269
Omissions .................................................................................................... 269271
13.
Variations and Adjustments ................................................................................ 269271
13.1 Right to Vary ............................................................................................... 269271
13.2 Value Engineering ...................................................................................... 270272
13.3 Variation Procedure .................................................................................... 271273
13.4 Payment in Applicable Currencies ............................................................ 271273
13.5 Provisional Sums ........................................................................................ 271273
13.6 Daywork ...................................................................................................... 272274
13.7 Adjustments for Changes in Legislation ................................................... 273275
13.8 Adjustments for Changes in Cost .............................................................. 273275
14.
Contract Price and Payment ............................................................................... 275277
14.1 The Contract Price ...................................................................................... 275277
14.2 Advance Payment ....................................................................................... 276278
14.3 Application for Interim Payment Certificates ........................................... 277279
14.4 Schedule of Payments................................................................................. 278280
14.5 Plant and Materials intended for the Works.............................................. 279281
14.6 Issue of Interim Payment Certificates ....................................................... 280282
14.7 Payment ....................................................................................................... 281283
14.8 Delayed Payment ........................................................................................ 282284
14.9 Payment of Retention Money .................................................................... 282284
14.10 Statement at Completion ............................................................................ 283285
14.11 Application for Final Payment Certificate ................................................ 284286
14.12 Discharge
284266
14.13 Issue of Final Payment Certificate ............................................................. 285287
14.14 Cessation of Employer’s Liability ............................................................. 285287
14.15 Currencies of Payment ............................................................................... 285287
15.
Termination by Employer.................................................................................... 286288
15.1 Notice to Correct......................................................................................... 286288
15.2 Termination by Employer .......................................................................... 286288
15.3 Valuation at Date of Termination .............................................................. 288290
15.4 Payment after Termination ......................................................................... 288290
15.5 Employer’s Entitlement to Termination for Convenience ....................... 289291
15.6 Corrupt or Fraudulent Practices ................................................................. 289291
16.
Suspension and Termination by Contractor .................................................... 290292
16.1 Contractor’s Entitlement to Suspend Work .............................................. 290292
16.2 Termination by Contractor ......................................................................... 291293
16.3 Cessation of Work and Removal of Contractor’s Equipment ................. 293295
16.4 Payment on Termination ............................................................................ 293295
17.
Risk and Responsibility ........................................................................................ 293295
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17.1
17.2
17.3
17.4
17.5
17.6
17.7
209
Indemnities...................................................................................................293295
Contractor’s Care of the Works ..................................................................294296
Employer’s Risks.........................................................................................295297
Consequences of Employer’s Risks ...........................................................295297
Intellectual and Industrial Property Rights ................................................296298
Limitation of Liability .................................................................................297299
Use of Employer’s Accomodation/Facilities ................................................... 300
18.
Insurance ....................................................................................................................... 300
18.1 General Requirements for Insurances .............................................................. 300
18.2 Insurance for Works and Contractor’s Equipment .......................................... 302
18.3 Insurance against Injury to Persons and Damage to Property ........................ 304
18.4 Insurance for Contractor’s Personnel ............................................................... 304
19.
Force Majeure .............................................................................................................. 305
19.1 Definition of Force Majeure ............................................................................. 305
19.3 Duty to Minimise Delay.................................................................................... 306
19.4 Consequences of Force Majeure ...................................................................... 306
19.5 Force Majeure Affecting Subcontractor .......................................................... 307
19.6 Optional Termination, Payment and Release .................................................. 307
19.7 Release from Performance ................................................................................ 308
20.
Claims, Disputes and Arbitration ..................................................................... 308
20.1 Contractor’s Claims........................................................................................... 308
20.2 Appointment of the Dispute Board .................................................................. 310
20.3 Failure to Agree on the Composition of the Dispute Board ........................... 311
20.4 Obtaining Dispute Board’s Decision..........................................................310292
20.5 Amicable Settlement ...................................................................................311293
20.6 Arbitration .......................................................................................................... 313
20.7 Failure to Comply with Dispute Board’s Decision ......................................... 314
20.8 Expiry of Dispute Board’s Appointment ......................................................... 314
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210
98-Canal Colony, Phoolbagh,
Kanpur-208001
[Name of Contract]
The General Conditions that follow are the Bank Harmonized Edition of the Conditions of
Contract for Construction prepared and copyrighted by the International Federation of
Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils, or FIDIC), FIDIC
2010-All rights reserved. This publication is exclusive for the use of Bank Borrowers and
their project implementing agencies as provided under the License Agreement dated March
11 th, 2005, between the IBRD and FIDIC, and, consequently, no part of this publication may
be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form
or by any means, whether mechanical, electronic, magnetic, photocopying, recording or
otherwise, without prior permission in writing from FIDIC, except by the Employer
identified above and only for the exclusive purpose of preparing these Standard Bidding
Documents for the Contract also identified above.
Copyright FIDIC
211
General Conditions
1.
1.1
Definitions
1.1.1 The Contract
General Provisions
In the Conditions of Contract (“these Conditions”), which
include Particular Conditions, Parts A and B, and these
General Conditions, the following words and expressions shall
have the meanings stated. Words indicating persons or parties
include corporations and other legal entities, except where the
context requires otherwise.
1.1.1.1 “Contract” means the Contract Agreement, the Letter
of Acceptance, the Letter of Tender, these
Conditions, the Specification, the Drawings, the
Schedules, and the further documents (if any) which
are listed in the Contract Agreement or in the Letter
of Acceptance.
1.1.1.2 “Contract Agreement” means the contract agreement
referred to in Sub-Clause 1.6 [Contract Agreement].
1.1.1.3 “Letter of Acceptance” means the letter of formal
acceptance, signed by the Employer, of the Letter of
Tender, including any annexed memoranda
comprising agreements between and signed by both
Parties. If there is no such letter of acceptance, the
expression “Letter of Acceptance” means the
Contract Agreement and the date of issuing or
receiving the Letter of Acceptance means the date of
signing the Contract Agreement.
1.1.1.4 “Letter of Tender” means the document entitled letter
of tender or letter of bid, which was completed by the
Contractor and includes the signed offer to the
Employer for the Works.
1.1.1.5 “Specification” means the document entitled
specification, as included in the Contract, and any
additions and modifications to the specification in
accordance with the Contract. Such document
specifies the Works.
1.1.1.6 “Drawings” means the drawings of the Works, as
included in the Contract, and any additional and
modified drawings issued by (or on behalf of) the
Employer in accordance with the Contract.
1.1.1.7 “Schedules” means the document(s) entitled
schedules, completed by the Contractor and
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212
submitted with the Letter of Tender, as included in
the Contract. Such document may include the Bill of
Quantities, data, lists, and schedules of rates and/or
prices.
1.1.1.8 “Tender” means the Letter of Tender and all other
documents which the Contractor submitted with the
Letter of Tender, as included in the Contract.
1.1.1.9 “Bill of Quantities”, “Daywork Schedule” and
“Schedule of Payment Currencies” mean the
documents so named (if any) which are comprised in
the Schedules.
1.1.1.10 “Contract Data” means the pages completed by the
Employer entitled contract data which constitute Part
A of the Particular Conditions.
1.1.2 Parties and
Persons
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1.1.2.1
“Party” means the Employer or the Contractor, as the
context requires.
1.1.2.2
“Employer” means the person named as employer in
the Contract Data and the legal successors in title to
this person.
1.1.2.3
“Contractor” means the person(s) named as
contractor in the Letter of Tender accepted by the
Employer and the legal successors in title to this
person(s).
1.1.2.4
“Engineer” means the person appointed by the
Employer to act as the Engineer for the purposes of
the Contract and named in the Contract Data, or other
person appointed from time to time by the Employer
and notified to the Contractor under Sub-Clause 3.4
[Replacement of the Engineer].
1.1.2.5
“Contractor’s Representative” means the person
named by the Contractor in the Contract or appointed
from time to time by the Contractor under Sub-Clause
4.3 [Contractor’s Representative], who acts on behalf
of the Contractor.
1.1.2.6
“Employer’s Personnel” means the Engineer, the
assistants referred to in Sub-Clause 3.2 [Delegation
by the Engineer] and all other staff, labour and other
employees of the Engineer and of the Employer; and
any other personnel notified to the Contractor, by the
213
Employer or the Engineer, as Employer’s Personnel.
1.1.2.7
“Contractor’s Personnel” means the Contractor’s
Representative and all personnel whom the
Contractor utilises on Site, who may include the staff,
labour and other employees of the Contractor and of
each Subcontractor; and any other personnel assisting
the Contractor in the execution of the Works.
1.1.2.8
“Subcontractor” means any person named in the
Contract as a subcontractor, or any person appointed
as a subcontractor, for a part of the Works; and the
legal successors in title to each of these persons.
1.1.2.9
“DB” means the person or three persons appointed
under Sub-Clause 20.2 [Appointment of the Dispute
Board] or Sub-Clause 20.3 [Failure to Agree on the
Composition of the Dispute Board]
1.1.2.10 “FIDIC” means the Fédération Internationale des
Ingénieurs-Conseils, the international federation of
consulting engineers.
1.1.2.11 “Bank” means the financing institution (if any)
named in the Contract Data.
1.1.2.12 “Borrower” means the person (if any) named as the
borrower in the Contract Data.
1.1.3 Dates, Tests,
Periods and
Completion
1.1.3.1 “Base Date” means the date 28 days prior to the latest
date for submission of the Tender.
1.1.3.2 “Commencement Date” means the date notified under
Sub-Clause 8.1 [Commencement of Works].
1.1.3.3 “Time for Completion” means the time for
completing the Works or a Section (as the case may
be) under Sub-Clause 8.2 [Time for Completion], as
stated in the Contract Data (with any extension under
Sub-Clause 8.4 [Extension of Time for Completion]),
calculated from the Commencement Date.
1.1.3.4 “Tests on Completion” means the tests which are
specified in the Contract or agreed by both Parties or
instructed as a Variation, and which are carried out
under Clause 9 [Tests on Completion] before the
Works or a Section (as the case may be) are taken
over by the Employer.
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214
1.1.3.5 “Taking-Over Certificate” means a certificate issued
under Clause 10 [Employer’s Taking Over].
1.1.3.6 “Tests after Completion” means the tests (if any)
which are specified in the Contract and which are
carried out in accordance with the Specification after
the Works or a Section (as the case may be) are taken
1.1.3.7 “Defects Notification Period” means the period for
notifying defects in the Works or a Section (as the
case may be) under Sub-Clause 11.1 [Completion of
Outstanding Work and Remedying Defects], which
extends over 365 days except if otherwise stated in
the Contract Data (with any extension under SubClause 11.3 [Extension of Defects Notification
Period]), calculated from the date on which the
Works or Section is completed as certified under SubClause 10.1 [Taking Over of the Works and
Sections]..
1.1.3.8 “Performance Certificate” means the certificate
issued under Sub-Clause 11.9 [Performance
Certificate]..
1.1.3.9 “Day” means a calendar day and “year” means 365
days.
1.1.4 Money and
Payments
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1.1.4.1
“Accepted Contract Amount” means the amount
accepted in the Letter of Acceptance for the execution
and completion of the Works and the remedying of
any defects.
1.1.4.2
“Contract Price” means the price defined in SubClause 14.1 [The Contract Price], and includes
adjustments in accordance with the Contract.
1.1.4.3
“Cost” means all expenditure reasonably incurred (or
to be incurred) by the Contractor, whether on or off
the Site, including overhead and similar charges, but
does not include profit.
1.1.4.4
“Final Payment Certificate” means the payment
certificate issued under Sub-Clause 14.13 [Issue of
Final Payment Certificate].
1.1.4.5
“Final Statement” means the statement defined in
Sub-Clause 14.11 [Application for Final Payment
Certificate].
215
1.1.4.6
“Foreign Currency” means a currency in which part
(or all) of the Contract Price is payable, but not the
Local Currency.
1.1.4.7
“Interim Payment Certificate” means a payment
certificate issued under Clause 14 [Contract Price and
Payment], other than the Final Payment Certificate.
1.1.4.8
“Local Currency” means the currency of the Country.
1.1.4.9
“Payment Certificate” means a payment certificate
issued under Clause 14 [Contract Price and Payment].
1.1.4.10 “Provisional Sum” means a sum (if any) which is
specified in the Contract as a provisional sum, for the
execution of any part of the Works or for the supply
of Plant, Materials or services under Sub-Clause 13.5
[Provisional Sums]..
1.1.4.11 “Retention Money” means the accumulated retention
moneys which the Employer retains under SubClause 14.3 [Application for Interim Payment
Certificates] and pays under Sub-Clause 14.9
[Payment of Retention Money].
1.1.4.12 “Statement” means a statement submitted by the
Contractor as part of an application, under Clause 14
[Contract Price and Payment], for a payment
certificate.
1.1.5 Works and Goods 1.1.5.1 “Contractor’s Equipment” means all apparatus,
machinery, vehicles and other things required for the
execution and completion of the Works and the
remedying of any defects. However, Contractor’s
Equipment excludes Temporary Works, Employer’s
Equipment (if any), Plant, Materials and any other
things intended to form or forming part of the
Permanent Works.
1.1.5.2 “Goods” means Contractor’s Equipment, Materials,
Plant and Temporary Works, or any of them as
appropriate.
1.1.5.3 “Materials” means things of all kinds (other than
Plant) intended to form or forming part of the
Permanent Works, including the supply-only
materials (if any) to be supplied by the Contractor
under the Contract.
1.1.5.4 “Permanent Works” means the permanent works to be
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216
executed by the Contractor under the Contract.
1.1.5.5 “Plant” means the apparatus, machinery and other
equipment intended to form or forming part of the
Permanent Works, including vehicles purchased for
the Employer and relating to the construction or
operation of the Works.
1.1.5.6 “Section” means a part of the Works specified in the
Contract Data as a Section (if any).1.1.5.7
“Temporary Works” means all temporary works of
every kind (other than Contractor’s Equipment)
required on Site for the execution and completion of
the Permanent Works and the remedying of any
defects.
1.1.5.8 “Works” mean the Permanent Works and the
Temporary Works, or either of them as appropriate.
1.1.6 Other Definitions
1.1.6.1 “Contractor’s Documents” means the calculations,
computer programs and other software, drawings,
manuals, models and other documents of a technical
nature (if any) supplied by the Contractor under the
Contract.
1.1.6.2 “Country” means the country in which the Site (or
most of it) is located, where the Permanent Works are
to be executed.
1.1.6.3 “Employer’s Equipment” means the apparatus,
machinery and vehicles (if any) made available by the
Employer for the use of the Contractor in the
execution of the Works, as stated in the Specification;
but does not include Plant which has not been taken
1.1.6.4 “Force Majeure” is defined in Clause 19 [Force
Majeure]..
1.1.6.5 “Laws” means all national (or state) legislation,
statutes, ordinances and other laws, and regulations
and by-laws of any legally constituted public
authority.
1.1.6.6 “Performance Security” means the security (or
securities, if any) under Sub-Clause 4.2 [Performance
Security]..
1.1.6.7
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“Site” means the places where the Permanent Works
are to be executed, including storage and working
217
areas, and to which Plant and Materials are to be
delivered, and any other places as may be specified in
the Contract as forming part of the Site.
1.1.6.8
“Unforeseeable” means not reasonably foreseeable by
an experienced contractor by the Base Date.
1.1.6.9
“Variation” means any change to the Works, which is
instructed or approved as a variation under Clause 13
[Variations and Adjustments].
1.1.6.10 “Notice of Dissatisfaction” means the notice given by
either Party to the other under Sub-Clause 20.4
[Obtaining Dispute Board’s Decision] indicating its
dissatisfaction and intention to commence arbitration.
1.2
Interpretation
In the Contract, except where the context requires otherwise:
(a)
words indicating one gender include all genders;
(b) words indicating the singular also include the plural and
words indicating the plural also include the singular;
(c)
provisions including the word “agree”, “agreed” or
“agreement” require the agreement to be recorded in
writing;
(d)
“written” or “in writing” means hand-written, typewritten, printed or electronically made, and resulting in a
permanent record; and
(e)
the word “tender” is synonymous with “bid” and
“tenderer” with “bidder” and the words “tender
documents” with “bidding documents
The marginal words and other headings shall not be taken into
consideration in the interpretation of these Conditions.
In these Conditions, provisions including the expression "Cost
plus profit" require this profit to be one-twentieth (5%) of this
Cost unless otherwise indicated in the Contract Data.
1.3
Communications
Wherever these Conditions provide for the giving or issuing of
approvals, certificates, consents, determinations, notices,
requests and discharges, these communications shall be:
(a)
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in writing and delivered by hand (against receipt), sent by
mail or courier, or transmitted using any of the agreed
systems of electronic transmission as stated in the
218
Contract Data; and
(b)
delivered, sent or transmitted to the address for the
recipient’s communications as stated in the Contract
Data. However:
(i)
if the recipient gives notice of another address,
communications shall thereafter be delivered
accordingly; and
(ii)
if the recipient has not stated otherwise when
requesting an approval or consent, it may be sent to
the address from which the request was issued.
Approvals, certificates, consents and determinations shall not
be unreasonably withheld or delayed. When a certificate is
issued to a Party, the certifier shall send a copy to the other
Party. When a notice is issued to a Party, by the other Party or
the Engineer, a copy shall be sent to the Engineer or the other
Party, as the case may be.
1.4
Law and Language The Contract shall be governed by the law of the country or
other jurisdiction stated in the Contract Data.
The ruling language of the Contract shall be that stated in the
Contract Data.
The language for communications shall be that stated in the
Contract Data. If no language is stated there, the language for
communications shall be the ruling language of the Contract.
1.5
Priority of
Documents
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The documents forming the Contract are to be taken as
mutually explanatory of one another. For the purposes of
interpretation, the priority of the documents shall be in
accordance with the following sequence:
(a)
the Contract Agreement (if any),
(b)
the Letter of Acceptance,
(c)
the Letter of Tender,
(d)
the Particular Conditions – Part A,
(e)
the Particular Conditions – Part B
(f)
these General Conditions
(g)
the Specification,
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(h)
the Drawings, and
(i)
the Schedules and any other documents forming part of
the Contract.
If an ambiguity or discrepancy is found in the documents, the
Engineer shall issue any necessary clarification or instruction.
1.6
Contract
Agreement
The Parties shall enter into a Contract Agreement within 28
days after the Contractor receives the Letter of Acceptance,
unless the Particular Conditions establish otherwise. The
Contract Agreement shall be based upon the form annexed to
the Particular Conditions. The costs of stamp duties and
similar charges (if any) imposed by law in connection with
entry into the Contract Agreement shall be borne by the
Employer.
1.7
Assignment
Neither Party shall assign the whole or any part of the Contract
or any benefit or interest in or under the Contract. However,
either Party:
1.8
(a)
may assign the whole or any part with the prior
agreement of the other Party, at the sole discretion of
such other Party, and
(b)
may, as security in favour of a bank or financial
institution, assign its right to any moneys due, or to
become due, under the Contract.
Care and Supply of The Specification and Drawings shall be in the custody and
care of the Employer. Unless otherwise stated in the Contract,
Documents
two copies of the Contract and of each subsequent Drawing
shall be supplied to the Contractor, who may make or request
further copies at the cost of the Contractor.
Each of the Contractor’s Documents shall be in the custody
and care of the Contractor, unless and until taken over by the
Employer. Unless otherwise stated in the Contract, the
Contractor shall supply to the Engineer six copies of each of
the Contractor’s Documents.
The Contractor shall keep, on the Site, a copy of the Contract,
publications named in the Specification, the Contractor’s
Documents (if any), the Drawings and Variations and other
communications given under the Contract. The Employer’s
Personnel shall have the right of access to all these documents
at all reasonable times.
If a Party becomes aware of an error or defect in a document
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which was prepared for use in executing the Works, the Party
shall promptly give notice to the other Party of such error or
defect.
1.9
Delayed Drawings
or Instructions
The Contractor shall give notice to the Engineer whenever the
Works are likely to be delayed or disrupted if any necessary
drawing or instruction is not issued to the Contractor within a
particular time, which shall be reasonable. The notice shall
include details of the necessary drawing or instruction, details
of why and by when it should be issued, and the nature and
amount of the delay or disruption likely to be suffered if it is
late.
If the Contractor suffers delay and/or incurs Cost as a result of
a failure of the Engineer to issue the notified drawing or
instruction within a time which is reasonable and is specified
in the notice with supporting details, the Contractor shall give
a further notice to the Engineer and shall be entitled subject to
Sub-Clause 20.1 [Contractor’s Claims] to:
(a)
an extension of time for any such delay, if completion is
or will be delayed, under Sub-Clause 8.4 [Extension of
Time for Completion], and
(b)
payment of any such Cost plus profit, which shall be
included in the Contract Price.
After receiving this further notice, the Engineer shall proceed
in accordance with Sub-Clause 3.5 [Determinations] to agree
or determine these matters.
However, if and to the extent that the Engineer’s failure was
caused by any error or delay by the Contractor, including an
error in, or delay in the submission of, any of the Contractor’s
Documents, the Contractor shall not be entitled to such
extension of time, Cost or profit.
1.10 Employer’s Use of
Contractor’s
Documents
As between the Parties, the Contractor shall retain the
copyright and other intellectual property rights in the
Contractor’s Documents and other design documents made by
(or on behalf of) the Contractor.
The Contractor shall be deemed (by signing the Contract) to
give to the Employer a non-terminable transferable nonexclusive royalty-free licence to copy, use and communicate
the Contractor’s Documents, including making and using
modifications of them. This licence shall:
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(a)
apply throughout the actual or intended working life
(whichever is longer) of the relevant parts of the Works,
(b)
entitle any person in proper possession of the relevant
part of the Works to copy, use and communicate the
Contractor’s Documents for the purposes of completing,
operating, maintaining, altering, adjusting, repairing and
demolishing the Works, and
(c)
in the case of Contractor’s Documents which are in the
form of computer programs and other software, permit
their use on any computer on the Site and other places as
envisaged by the Contract, including replacements of any
computers supplied by the Contractor.
The Contractor’s Documents and other design documents
made by (or on behalf of) the Contractor shall not, without the
Contractor’s consent, be used, copied or communicated to a
third party by (or on behalf of) the Employer for purposes
other than those permitted under this Sub-Clause.
1.11 Contractor’s Use
of Employer’s
Documents
As between the Parties, the Employer shall retain the copyright
and other intellectual property rights in the Specification, the
Drawings and other documents made by (or on behalf of) the
Employer. The Contractor may, at his cost, copy, use, and
obtain communication of these documents for the purposes of
the Contract. They shall not, without the Employer’s consent,
be copied, used or communicated to a third party by the
Contractor, except as necessary for the purposes of the
Contract.
1.12 Confidential
Details
The Contractor’s and the Employer’s Personnel shall disclose
all such confidential and other information as may be
reasonably required in order to verify compliance with the
Contract and allow its proper implementation.
Each of them shall treat the details of the Contract as private
and confidential, except to the extent necessary to carry out
their respective obligations under the Contract or to comply
with applicable Laws. Each of them shall not publish or
disclose any particulars of the Works prepared by the other
Party without the previous agreement of the other Party.
However, the Contractor shall be permitted to disclose any
publicly available information, or information otherwise
required to establish his qualifications to compete for other
projects.
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1.13 Compliance with
Laws
1.14 Joint and Several
Liability
1.15 Inspections and
Audit by the Bank
The Contractor shall, in performing the Contract, comply with
applicable Laws. Unless otherwise stated in the Particular
Conditions:
(a)
the Employer shall have obtained (or shall obtain) the
planning, zoning, building permit or similar permission
for the Permanent Works, and any other permissions
described in the Specification as having been (or to be)
obtained by the Employer; and the Employer shall
indemnify and hold the Contractor harmless against and
from the consequences of any failure to do so; and
(b)
the Contractor shall give all notices, pay all taxes, duties
and fees, and obtain all permits, licences and approvals,
as required by the Laws in relation to the execution and
completion of the Works and the remedying of any
defects; and the Contractor shall indemnify and hold the
Employer harmless against and from the consequences of
any failure to do so, unless the Contractor is impeded to
accomplish these actions and shows evidence of its
diligence.
If the Contractor constitutes (under applicable Laws) a joint
venture, consortium or other unincorporated grouping of two
or more persons:
(a)
these persons shall be deemed to be jointly and severally
liable to the Employer for the performance of the
Contract;
(b)
these persons shall notify the Employer of their leader
who shall have authority to bind the Contractor and each
of these persons; and
(c)
the Contractor shall not alter its composition or legal
status without the prior consent of the Employer.
The Contractor shall permit the Bank and/or persons appointed
by the Bank to inspect the Site and/or the Contractor’s
accounts and records relating to the performance of the
Contract and to have such accounts and records audited by
auditors appointed by the Bank if required by the Bank.
2.
2.1
Right of Access to
the Site
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The Employer
The Employer shall give the Contractor right of access to, and
possession of, all parts of the Site within the time (or times)
stated in the Contract Data. The right and possession may not
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be exclusive to the Contractor. If, under the Contract, the
Employer is required to give (to the Contractor) possession of
any foundation, structure, plant or means of access, the
Employer shall do so in the time and manner stated in the
Specification. However, the Employer may withhold any such
right or possession until the Performance Security has been
received.
If no such time is stated in the Contract Data, the Employer
shall give the Contractor right of access to, and possession of,
the Site within such times as required to enable the Contractor
to proceed without disruption in accordance with the
programme submitted under Sub-Clause 8.3 [Programme].
a failure by the Employer to give any such right or possession
within such time, the Contractor shall give notice to the
Engineer and shall be entitled subject to Sub-Clause 20.1
[Contractor’s Claims] to:
(a)
(b)
After receiving this notice, the Engineer shall proceed in
accordance with Sub-Clause 3.5 [Determinations] to agree or
determine these matters.
However, if and to the extent that the Employer’s failure was
caused by any error or delay by the Contractor, including an
error in, or delay in the submission of, any of the Contractor’s
Documents, the Contractor shall not be entitled to such
extension of time, Cost or profit.
2.2
Permits, Licences
or Approvals
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The Employer shall provide, at the request of the Contractor,
such reasonable assistance as to allow the Contractor to obtain
properly:
(a)
copies of the Laws of the Country which are relevant to
the Contract but are not readily available, and
(b)
any permits, licences or approvals required by the Laws
of the Country:
(i)
which the Contractor is required to obtain under
Sub-Clause 1.13 [Compliance with Laws],
(ii)
for the delivery of Goods, including clearance
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through customs, and
(iii) for the export of Contractor’s Equipment when it is
removed from the Site.
2.3
2.4
Employer’s
Personnel
Employer’s
Financial
Arrangements
The Employer shall be responsible for ensuring that the
Employer’s Personnel and the Employer’s other contractors on
the Site:
(a)
co-operate with the Contractor’s efforts under SubClause 4.6 [Co-operation], and
(b)
take actions similar to those which the Contractor is
required to take under sub-paragraphs (a), (b) and (c) of
Sub-Clause 4.8 [Safety Procedures] and under SubClause 4.18 [Protection of the Environment].
The Employer shall submit, before the Commencement Date
and thereafter within 28 days after receiving any request from
the Contractor, reasonable evidence that financial
arrangements have been made and are being maintained which
will enable the Employer to pay the Contract Price punctually
(as estimated at that time) in accordance with Clause 14
[Contract Price and Payment]. Before the Employer makes any
material change to his financial arrangements, the Employer
shall give notice to the Contractor with detailed particulars.
In addition, if the Bank has notified to the Borrower that the
Bank has suspended disbursements under its loan, which
finances in whole or in part the execution of the Works, the
Employer shall give notice of such suspension to the
Contractor with detailed particulars, including the date of such
notification, with a copy to the Engineer, within 7 days of the
Borrower having received the suspension notification from the
Bank. If alternative funds will be available in appropriate
currencies to the Employer to continue making payments to the
Contractor beyond a date 60 days after the date of Bank
notification of the suspension, the Employer shall provide
reasonable evidence in his notice of the extent to which such
funds will be available.
2.5
Employer’s Claims If the Employer considers himself to be entitled to any
payment under any Clause of these Conditions or otherwise in
connection with the Contract, and/or to any extension of the
Defects Notification Period, the Employer or the Engineer
shall give notice and particulars to the Contractor. However,
notice is not required for payments due under Sub-Clause 4.19
[Electricity, Water and Gas], under Sub-Clause 4.20
[Employer’s Equipment and Free-Issue Materials], or for other
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services requested by the Contractor.
The notice shall be given as soon as practicable and no longer
than 28 days after the Employer became aware, or should have
become aware, of the event or circumstances giving rise to the
claim. A notice relating to any extension of the Defects
Notification Period shall be given before the expiry of such
period.
The particulars shall specify the Clause or other basis of the
claim, and shall include substantiation of the amount and/or
extension to which the Employer considers himself to be
entitled in connection with the Contract. The Engineer shall
then proceed in accordance with Sub-Clause 3.5
[Determinations] to agree or determine (i) the amount (if any)
which the Employer is entitled to be paid by the Contractor,
and/or (ii) the extension (if any) of the Defects Notification
Period in accordance with Sub-Clause 11.3 [Extension of
Defects Notification Period].
This amount may be included as a deduction in the Contract
Price and Payment Certificates. The Employer shall only be
entitled to set off against or make any deduction from an
amount certified in a Payment Certificate, or to otherwise
claim against the Contractor, in accordance with this SubClause.
3.
3.1
Engineer’s Duties
and Authority
The Engineer
The Employer shall appoint the Engineer who shall carry out the
duties assigned to him in the Contract. The Engineer’s staff
shall include suitably qualified engineers and other
professionals who are competent to carry out these duties.
The Engineer shall have no authority to amend the Contract.
The Engineer may exercise the authority attributable to the
Engineer as specified in or necessarily to be implied from the
Contract. If the Engineer is required to obtain the approval of
the Employer before exercising a specified authority, the
requirements shall be as stated in the Particular Conditions. The
Employer shall promptly inform the Contractor of any change to
the authority attributed to the Engineer.
However, whenever the Engineer exercises a specified authority
for which the Employer’s approval is required, then (for the
purposes of the Contract) the Employer shall be deemed to have
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given approval.
Except as otherwise stated in these Conditions:
(a)
whenever carrying out duties or exercising authority,
specified in or implied by the Contract, the Engineer shall
be deemed to act for the Employer;
(b)
the Engineer has no authority to relieve either Party of any
duties, obligations or responsibilities under the Contract;
(c)
any approval, check, certificate, consent, examination,
inspection, instruction, notice, proposal, request, test, or
similar act by the Engineer (including absence of
disapproval) shall not relieve the Contractor from any
responsibility he has under the Contract, including
responsibility for errors, omissions, discrepancies and noncompliances; and
(d)
any act by the Engineer in response to a Contractor’s
request except as otherwise expressly specified shall be
notified in writing to the Contractor within 28 days of
receipt.
The following provisions shall apply:
The Engineer shall obtain the specific approval of the Employer
before taking action under the-following Sub-Clauses of these
Conditions:
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(a)
Sub-Clause 4.12: agreeing or determining an extension of
time and/or additional cost.
(b)
Sub-Clause 13.1: instructing a Variation, except;
(i)
in an emergency situation as determined by the
Engineer, or
(ii)
if such a Variation would increase the Accepted
Contract Amount by less than the percentage
specified in the Contract Data.
(c)
Sub-Clause 13.3: Approving a proposal for Variation
submitted by the Contractor in accordance with Sub
Clause 13.1 or 13.2.
(d)
Sub-Clause 13.4: Specifying the amount payable in each
of the applicable currencies
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Notwithstanding the obligation, as set out above, to obtain
approval, if, in the opinion of the Engineer, an emergency
occurs affecting the safety of life or of the Works or of
adjoining property, he may, without relieving the Contractor of
any of his duties and responsibility under the Contract, instruct
the Contractor to execute all such work or to do all such things
as may, in the opinion of the Engineer, be necessary to abate or
reduce the risk. The Contractor shall forthwith comply, despite
the absence of approval of the Employer, with any such
instruction of the Engineer. The Engineer shall determine an
addition to the Contract Price, in respect of such instruction, in
accordance with Clause 13 and shall notify the Contractor
accordingly, with a copy to the Employer.
3.2
Delegation by the
Engineer
The Engineer may from time to time assign duties and delegate
authority to assistants, and may also revoke such assignment or
delegation. These assistants may include a resident engineer,
and/or independent inspectors appointed to inspect and/or test
items of Plant and/or Materials. The assignment, delegation or
revocation shall be in writing and shall not take effect until
copies have been received by both Parties. However, unless
otherwise agreed by both Parties, the Engineer shall not delegate
the authority to determine any matter in accordance with SubClause 3.5 [Determinations].
Each assistant, to whom duties have been assigned or authority
has been delegated, shall only be authorised to issue instructions
to the Contractor to the extent defined by the delegation. Any
approval, check, certificate, consent, examination, inspection,
instruction, notice, proposal, request, test, or similar act by an
assistant, in accordance with the delegation, shall have the same
effect as though the act had been an act of the Engineer.
However:
3.3
Instructions of
the Engineer
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(a)
any failure to disapprove any work, Plant or Materials
shall not constitute approval, and shall therefore not
prejudice the right of the Engineer to reject the work, Plant
or Materials;
(b)
if the Contractor questions any determination or
instruction of an assistant, the Contractor may refer the
matter to the Engineer, who shall promptly confirm,
reverse or vary the determination or instruction.
The Engineer may issue to the Contractor (at any time)
instructions and additional or modified Drawings which may be
necessary for the execution of the Works and the remedying of
any defects, all in accordance with the Contract. The Contractor
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shall only take instructions from the Engineer, or from an
assistant to whom the appropriate authority has been delegated
under this Clause. If an instruction constitutes a Variation,
Clause 13 [Variations and Adjustments] shall apply.
The Contractor shall comply with the instructions given by the
Engineer or delegated assistant, on any matter related to the
Contract. Whenever practicable, their instructions shall be given
in writing. If the Engineer or a delegated assistant:
(a)
gives an oral instruction,
(b)
receives a written confirmation of the instruction, from (or
on behalf of) the Contractor, within two working days
after giving the instruction, and
(c)
does not reply by issuing a written rejection and/or
instruction within two working days after receiving the
confirmation,
then the confirmation shall constitute the written instruction of
the Engineer or delegated assistant (as the case may be).
3.4
Replacement of
the Engineer
If the Employer intends to replace the Engineer, the Employer
shall, not less than 21 days before the intended date of
replacement, give notice to the Contractor of the name, address
and relevant experience of the intended replacement Engineer.
If the Contractor considers the intended replacement Engineer to
be unsuitable, he has the right to raise objection against him by
notice to the Employer, with supporting particulars, and the
Employer shall give full and fair consideration to this objection.
3.5
Determinations
Whenever these Conditions provide that the Engineer shall
proceed in accordance with this Sub-Clause 3.5 to agree or
determine any matter, the Engineer shall consult with each Party
in an endeavour to reach agreement. If agreement is not
achieved, the Engineer shall make a fair determination in
accordance with the Contract, taking due regard of all relevant
circumstances.
The Engineer shall give notice to both Parties of each agreement
or determination, with supporting particulars, within 28 days
from the receipt of the corresponding claim or request except
when otherwise specified. Each Party shall give effect to each
agreement or determination unless and until revised under
Clause 20 [Claims, Disputes and Arbitration].
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4.
4.1
Contractor’s
General
Obligations
The Contractor
The Contractor shall design (to the extent specified in the
Contract), execute and complete the Works in accordance with
the Contract and with the Engineer’s instructions, and shall
remedy any defects in the Works.
The Contractor shall provide the Plant and Contractor’s
Documents specified in the Contract, and all Contractor’s
Personnel, Goods, consumables and other things and services,
whether of a temporary or permanent nature, required in and for
this design, execution, completion and remedying of defects.
All equipment, material, and services to be incorporated in or
required for the Works shall have their origin in any eligible
source country as defined by the Bank.
The Contractor shall be responsible for the adequacy, stability
and safety of all Site operations and of all methods of
construction. Except to the extent specified in the Contract, the
Contractor (i) shall be responsible for all Contractor’s
Documents, Temporary Works, and such design of each item of
Plant and Materials as is required for the item to be in
accordance with the Contract, and (ii) shall not otherwise be
responsible for the design or specification of the Permanent
Works.
The Contractor shall, whenever required by the Engineer, submit
details of the arrangements and methods which the Contractor
proposes to adopt for the execution of the Works. No significant
alteration to these arrangements and methods shall be made
without this having previously been notified to the Engineer..
If the Contract specifies that the Contractor shall design any part
of the Permanent Works, then unless otherwise stated in the
Particular Conditions:
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(a)
the Contractor shall submit to the Engineer the
Contractor’s Documents for this part in accordance with
the procedures specified in the Contract;
(b)
these Contractor’s Documents shall be in accordance with
the Specification and Drawings, shall be written in the
language for communications defined in Sub-Clause 1.4
[Law and Language], and shall include additional
information required by the Engineer to add to the
Drawings for co-ordination of each Party’s designs;
(c)
the Contractor shall be responsible for this part and it shall,
230
when the Works are completed, be fit for such purposes for
which the part is intended as are specified in the Contract;
and
(d)
4.2
Performance
Security
prior to the commencement of the Tests on Completion,
the Contractor shall submit to the Engineer the “as-built”
documents and, if applicable, operation and maintenance
manuals in accordance with the Specification and in
sufficient detail for the Employer to operate, maintain,
dismantle, reassemble, adjust and repair this part of the
Works. Such part shall not be considered to be completed
for the purposes of taking-over under Sub-Clause 10.1
[Taking Over of the Works and Sections] until these
documents and manuals have been submitted to the
Engineer.
The Contractor shall obtain (at his cost) a Performance Security
for proper performance, in the amount stated in the Contract
Data and denominated in the currency(ies) of the Contract or in
a freely convertible currency acceptable to the Employer. If an
amount is not stated in the Contract Data, this Sub-Clause shall
not apply.
The Contractor shall deliver the Performance Security to the
Employer within 28 days after receiving the Letter of
Acceptance, and shall send a copy to the Engineer. The
Performance Security shall be issued by a reputable bank or
financial institution selected by the Contractor, and shall be in
the form annexed to the Particular Conditions, as stipulated by
the Employer in the Contract Data, or in another form approved
by the Employer.
The Contractor shall ensure that the Performance Security is
valid and enforceable until the Contractor has executed and
completed the Works and remedied any defects. If the terms of
the Performance Security specify its expiry date, and the
Contractor has not become entitled to receive the Performance
Certificate by the date 28 days prior to the expiry date, the
Contractor shall extend the validity of the Performance Security
until the Works have been completed and any defects have been
remedied.
The Employer shall not make a claim under the Performance
Security, except for amounts to which the Employer is entitled
under the Contract.
The Employer shall indemnify and hold the Contractor harmless
against and from all damages, losses and expenses (including
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legal fees and expenses) resulting from a claim under the
Performance Security to the extent to which the Employer was
not entitled to make the claim.
The Employer shall return the Performance Security to the
Contractor within 21 days after receiving a copy of the
Performance Certificate.
Without limitation to the provisions of the rest of this SubClause, whenever the Engineer determines an addition or a
reduction to the Contract Price as a result of a change in cost
and/or legislation, or as a result of a Variation, amounting to
more than 25 percent of the portion of the Contract Price
payable in a specific currency, the Contractor shall at the
Engineer's request promptly increase, or may decrease, as the
case may be, the value of the Performance Security in that
currency by an equal percentage.
4.3
Contractor’s
Representative
The Contractor shall appoint the Contractor’s Representative
and shall give him all authority necessary to act on the
Contractor’s behalf under the Contract.
Unless the Contractor’s Representative is named in the Contract,
the Contractor shall, prior to the Commencement Date, submit
to the Engineer for consent the name and particulars of the
person the Contractor proposes to appoint as Contractor’s
Representative. If consent is withheld or subsequently revoked
in terms of Sub-Clause 6.9 [Contractor’s Personnel], or if the
appointed person fails to act as Contractor’s Representative, the
Contractor shall similarly submit the name and particulars of
another suitable person for such appointment.
The Contractor shall not, without the prior consent of the
Engineer, revoke the appointment of the Contractor’s
Representative or appoint a replacement.
The whole time of the Contractor’s Representative shall be
given to directing the Contractor’s performance of the Contract.
If the Contractor’s Representative is to be temporarily absent
from the Site during the execution of the Works, a suitable
replacement person shall be appointed, subject to the Engineer’s
prior consent, and the Engineer shall be notified accordingly.
The Contractor’s Representative shall, on behalf of the
Contractor, receive instructions under Sub-Clause 3.3
[Instructions of the Engineer].
The Contractor’s Representative may delegate any powers,
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functions and authority to any competent person, and may at
any time revoke the delegation. Any delegation or revocation
shall not take effect until the Engineer has received prior notice
signed by the Contractor’s Representative, naming the person
and specifying the powers, functions and authority being
delegated or revoked.
The Contractor’s Representative shall be fluent in the language
for communications defined in Sub-Clause 1.4 [Law and
Language]. If the Contractor’s Representative’s delegates are
not fluent in the said language, the Contractor shall make
competent interpreters available during all working hours in a
number deemed sufficient by the Engineer.
4.4
Subcontractors
The Contractor shall not subcontract the whole of the Works.
The Contractor shall be responsible for the acts or defaults of
any Subcontractor, his agents or employees, as if they were the
acts or defaults of the Contractor. Unless otherwise stated in the
Particular Conditions:
(a)
the Contractor shall not be required to obtain consent to
suppliers solely of Materials, or to a subcontract for which
the Subcontractor is named in the Contract;
(b)
the prior consent of the Engineer shall be obtained to other
proposed Subcontractors;
(c)
the Contractor shall give the Engineer not less than 28
days’ notice of the intended date of the commencement of
each Subcontractor’s work, and of the commencement of
such work on the Site; and
(d)
each subcontract shall include provisions which would
entitle the Employer to require the subcontract to be
assigned to the Employer under Sub-Clause 4.5
[Assignment of Benefit of Subcontract] (if or when
applicable) or in the event of termination under SubClause 15.2 [Termination by Employer]..
The Contractor shall ensure that the requirements imposed on
the Contractor by Sub-Clause 1.12 [Confidential Details] apply
equally to each Subcontractor.
Where practicable, the Contractor shall give fair and reasonable
opportunity for contractors from the Country to be appointed as
Subcontractors.
4.5
Assignment of
Benefit of
Subcontract
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If a Subcontractor’s obligations extend beyond the expiry date
of the relevant Defects Notification Period and the Engineer,
prior to this date, instructs the Contractor to assign the benefit of
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such obligations to the Employer, then the Contractor shall do
so. Unless otherwise stated in the assignment, the Contractor
shall have no liability to the Employer for the work carried out
by the Subcontractor after the assignment takes effect.
4.6
Co-operation
The Contractor shall, as specified in the Contract or as
instructed by the Engineer, allow appropriate opportunities for
carrying out work to:
(a)
the Employer’s Personnel,
(b)
any other contractors employed by the Employer, and
(c)
the personnel of any legally constituted public authorities,
who may be employed in the execution on or near the Site of
any work not included in the Contract.
Any such instruction shall constitute a Variation if and to the
extent that it causes the Contractor to suffer delays and/or to
incur Unforeseeable Cost. Services for these personnel and
other contractors may include the use of Contractor’s
Equipment, Temporary Works or access arrangements which
are the responsibility of the Contractor.
If, under the Contract, the Employer is required to give to the
Contractor possession of any foundation, structure, plant or
means of access in accordance with Contractor’s Documents,
the Contractor shall submit such documents to the Engineer in
the time and manner stated in the Specification.
4.7
Setting Out
The Contractor shall set out the Works in relation to original
points, lines and levels of reference specified in the Contract or
notified by the Engineer. The Contractor shall be responsible for
the correct positioning of all parts of the Works, and shall
rectify any error in the positions, levels, dimensions or
alignment of the Works.
The Employer shall be responsible for any errors in these
specified or notified items of reference, but the Contractor shall
use reasonable efforts to verify their accuracy before they are
used.
If the Contractor suffers delay and/or incurs Cost from
executing work which was necessitated by an error in these
items of reference, and an experienced contractor could not
reasonably have discovered such error and avoided this delay
and/or Cost, the Contractor shall give notice to the Engineer and
shall be entitled subject to Sub-Clause 20.1 [Contractor’s
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Claims] to:
(a)
an extension of time for any such delay, if completion is or
will be delayed, under Sub-Clause 8.4 [Extension of Time
for Completion], and
(b) payment of any such Cost plus profit, which shall be
determine (i) whether and (if so) to what extent the error could not
reasonably have been discovered, and (ii) the matters described in
sub-paragraphs (a) and (b) above related to this e.
4.8
Safety Procedures The Contractor shall:
(a)
comply with all applicable safety regulations,
(b) take care for the safety of all persons entitled to be on the
Site,
(c)
use reasonable efforts to keep the Site and Works clear of
unnecessary obstruction so as to avoid danger to these
persons,
(d) provide fencing, lighting, guarding and watching of the
Works until completion and taking over under Clause 10
[Employer’s Taking Over], and
(e)
4.9
Quality
Assurance
provide any Temporary Works (including roadways,
footways, guards and fences) which may be necessary,
because of the execution of the Works, for the use and
protection of the public and of owners and occupiers of
adjacent land.
The Contractor shall institute a quality assurance system to
demonstrate compliance with the requirements of the Contract.
The system shall be in accordance with the details stated in the
Contract. The Engineer shall be entitled to audit any aspect of
the system.
Details of all procedures and compliance documents shall be
submitted to the Engineer for information before each design
and execution stage is commenced. When any document of a
technical nature is issued to the Engineer, evidence of the prior
approval by the Contractor himself shall be apparent on the
document itself.
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Compliance with the quality assurance system shall not relieve
the Contractor of any of his duties, obligations or
responsibilities under the Contract.
4.10 Site Data
The Employer shall have made available to the Contractor for
his information, prior to the Base Date, all relevant data in the
Employer’s possession on sub-surface and hydrological
conditions at the Site, including environmental aspects. The
Employer shall similarly make available to the Contractor all
such data which come into the Employer’s possession after the
Base Date. The Contractor shall be responsible for interpreting
all such data.
To the extent which was practicable (taking account of cost and
time), the Contractor shall be deemed to have obtained all
necessary information as to risks, contingencies and other
circumstances which may influence or affect the Tender or
Works. To the same extent, the Contractor shall be deemed to
have inspected and examined the Site, its surroundings, the
above data and other available information, and to have been
satisfied before submitting the Tender as to all relevant matters,
including (without limitation):
(a)
the form and nature of the Site, including sub-surface
conditions,
(b) the hydrological and climatic conditions,
(c)
the extent and nature of the work and Goods necessary for
the execution and completion of the Works and the
remedying of any defects,
(d) the Laws, procedures and labour practices of the Country,
and
(e)
4.11 Sufficiency of the
Accepted
Contract Amount
the Contractor’s requirements for access, accommodation,
facilities, personnel, power, transport, water and other
services.
The Contractor shall be deemed to:
(a)
have satisfied himself as to the correctness and sufficiency
of the Accepted Contract Amount, and
(b) have based the Accepted Contract Amount on the data,
interpretations, necessary information, inspections,
examinations and satisfaction as to all relevant matters
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referred to in Sub-Clause 4.10 [Site Data].
Unless otherwise stated in the Contract, the Accepted Contract
Amount covers all the Contractor’s obligations under the
Contract (including those under Provisional Sums, if any) and
all things necessary for the proper execution and completion of
the Works and the remedying of any defects.
4.12 Unforeseeable
Physical
Conditions
In this Sub-Clause, “physical conditions” means natural physical
conditions and man-made and other physical obstructions and
pollutants, which the Contractor encounters at the Site when
executing the Works, including sub-surface and hydrological
conditions but excluding climatic conditions.
If the Contractor encounters adverse physical conditions which he
considers to have been Unforeseeable, the Contractor shall give
notice to the Engineer as soon as practicable.
This notice shall describe the physical conditions, so that they
can be inspected by the Engineer, and shall set out the reasons
why the Contractor considers them to be Unforeseeable. The
Contractor shall continue executing the Works, using such
proper and reasonable measures as are appropriate for the
physical conditions, and shall comply with any instructions
which the Engineer may give. If an instruction constitutes a
Variation, Clause 13 [Variations and Adjustments] shall apply.
If and to the extent that the Contractor encounters physical
conditions which are Unforeseeable, gives such a notice, and
suffers delay and/or incurs Cost due to these conditions, the
Contractor shall be entitled subject to notice under Sub-Clause
20.1 [Contractor’s Claims] to:
(a)
(b) payment of any such Cost, which shall be included in the
Contract Price.
Upon receiving such notice and inspecting and/or investigating
these physical conditions, the Engineer shall proceed in
determine (i) whether and (if so) to what extent these physical
conditions were Unforeseeable, and (ii) the matters described in
sub-paragraphs (a) and (b) above related to this extent.
However, before additional Cost is finally agreed or determined
under sub-paragraph (ii), the Engineer may also review whether
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other physical conditions in similar parts of the Works (if any)
were more favourable than could reasonably have been foreseen
when the Contractor submitted the Tender. If and to the extent
that these more favourable conditions were encountered, the
Engineer may proceed in accordance with Sub-Clause 3.5
[Determinations] to agree or determine the reductions in Cost
which were due to these conditions, which may be included (as
deductions) in the Contract Price and Payment Certificates.
However, the net effect of all adjustments under sub-paragraph
(b) and all these reductions, for all the physical conditions
encountered in similar parts of the Works, shall not result in a
net reduction in the Contract Price.
The Engineer shall take account of any evidence of the physical
conditions foreseen by the Contractor when submitting the
Tender, which shall be made available by the Contractor, but
shall not be bound by the Contractor’s interpretation of any such
evidence.
4.13 Rights of Way
and Facilities
Unless otherwise specified in the Contract the Employer shall
provide effective access to and possession of the Site including
special and/or temporary rights-of-way which are necessary for
the Works. The Contractor shall obtain, at his risk and cost, any
additional rights of way or facilities outside the Site which he
may require for the purposes of the Works.
4.14 Avoidance of
Interference
The Contractor shall not interfere unnecessarily or improperly
with:
(a)
the convenience of the public, or
(b) the access to and use and occupation of all roads and
footpaths, irrespective of whether they are public or in the
possession of the Employer or of others.
The Contractor shall indemnify and hold the Employer harmless
against and from all damages, losses and expenses (including
legal fees and expenses) resulting from any such unnecessary or
improper interference.
4.15 Access Route
The Contractor shall be deemed to have been satisfied as to the
suitability and availability of access routes to the Site at Base
Date. The Contractor shall use reasonable efforts to prevent any
road or bridge from being damaged by the Contractor’s traffic or
by the Contractor’s Personnel. These efforts shall include the
proper use of appropriate vehicles and routes.
Except as otherwise stated in these Conditions:
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(a)
the Contractor shall (as between the Parties) be responsible
for any maintenance which may be required for his use of
access routes;
(b) the Contractor shall provide all necessary signs or
directions along access routes, and shall obtain any
permission which may be required from the relevant
authorities for his use of routes, signs and directions;
(c)
the Employer shall not be responsible for any claims
which may arise from the use or otherwise of any access
route;
(d) the Employer does not guarantee the suitability or
availability of particular access routes; and
(e)
4.16 Transport of
Goods
Costs due to non-suitability or non-availability, for the use
required by the Contractor, of access routes shall be borne
by the Contractor.
Unless otherwise stated in the Particular Conditions:
(a)
the Contractor shall give the Engineer not less than 21
days’ notice of the date on which any Plant or a major item
of other Goods will be delivered to the Site;
(b) the Contractor shall be responsible for packing, loading,
transporting, receiving, unloading, storing and protecting
all Goods and other things required for the Works; and
(c)
4.17
Contractor’s
Equipment
4.18 Protection of the
Environment
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the Contractor shall indemnify and hold the Employer
harmless against and from all damages, losses and
expenses (including legal fees and expenses) resulting
from the transport of Goods, and shall negotiate and pay
all claims arising from their transport.
The Contractor shall be responsible for all Contractor’s
Equipment. When brought on to the Site, Contractor’s
Equipment shall be deemed to be exclusively intended for the
execution of the Works. The Contractor shall not remove from
the Site any major items of Contractor’s Equipment without the
consent of the Engineer. However, consent shall not be required
for vehicles transporting Goods or Contractor’s Personnel off
Site.
The Contractor shall take all reasonable steps to protect the
environment (both on and off the Site) and to limit damage and
nuisance to people and property resulting from pollution, noise
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and other results of his operations.
The Contractor shall ensure that emissions, surface discharges
and effluent from the Contractor’s activities shall not exceed the
values stated in the Specification or prescribed by applicable
Laws.
4.19 Electricity, Water The Contractor shall, except as stated below, be responsible for
the provision of all power, water and other services he may
and Gas
require for his construction activities and to the extent defined in
the Specifications, for the tests.
The Contractor shall be entitled to use for the purposes of the
Works such supplies of electricity, water, gas and other services
as may be available on the Site and of which details and prices
are given in the Specification. The Contractor shall, at his risk
and cost, provide any apparatus necessary for his use of these
services and for measuring the quantities consumed.
The quantities consumed and the amounts due (at these prices)
for such services shall be agreed or determined by the Engineer
in accordance with Sub-Clause 2.5 [Employer’s Claims] and
Sub-Clause 3.5 [Determinations]. The Contractor shall pay
these amounts to the Employer.
4.20
Employer’s
Equipment and
Free-Issue
Materials
The Employer shall make the Employer’s Equipment (if any)
available for the use of the Contractor in the execution of the
Works in accordance with the details, arrangements and prices
stated in the Specification. Unless otherwise stated in the
Specification:
(a)
the Employer shall be responsible for the Employer’s
Equipment, except that
(b) the Contractor shall be responsible for each item of
Employer’s Equipment whilst any of the Contractor’s
Personnel is operating it, driving it, directing it or in
possession or control of it.
The appropriate quantities and the amounts due (at such stated
prices) for the use of Employer’s Equipment shall be agreed or
determined by the Engineer in accordance with Sub-Clause 2.5
[Employer’s Claims] and Sub-Clause 3.5 [Determinations]. The
Contractor shall pay these amounts to the Employer.
The Employer shall supply, free of charge, the “free-issue
materials” (if any) in accordance with the details stated in the
Specification. The Employer shall, at his risk and cost, provide
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these materials at the time and place specified in the Contract.
The Contractor shall then visually inspect them, and shall
promptly give notice to the Engineer of any shortage, defect or
default in these materials. Unless otherwise agreed by both
Parties, the Employer shall immediately rectify the notified
shortage, defect or default.
After this visual inspection, the free-issue materials shall come
under the care, custody and control of the Contractor. The
Contractor’s obligations of inspection, care, custody and control
shall not relieve the Employer of liability for any shortage,
defect or default not apparent from a visual inspection.
4.21 Progress Reports
Unless otherwise stated in the Particular Conditions, monthly
progress reports shall be prepared by the Contractor and
submitted to the Engineer in six copies. The first report shall
cover the period up to the end of the first calendar month
following the Commencement Date. Reports shall be submitted
monthly thereafter, each within 7 days after the last day of the
period to which it relates.
Reporting shall continue until the Contractor has completed all
work which is known to be outstanding at the completion date
stated in the Taking-Over Certificate for the Works.
Each report shall include:
(a)
charts and detailed descriptions of progress, including each
stage of design (if any), Contractor’s Documents,
procurement, manufacture, delivery to Site, construction,
erection and testing; and including these stages for work
by each nominated Subcontractor (as defined in Clause 5
[Nominated Subcontractors]),
(b) photographs showing the status of manufacture and of
progress on the Site;
(c)
for the manufacture of each main item of Plant and
Materials, the name of the manufacturer, manufacture
location, percentage progress, and the actual or expected
dates of:
(i)
commencement of manufacture,
(ii) Contractor’s inspections,
(iii) tests, and
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(iv) shipment and arrival at the Site;
(d) the details described in Sub-Clause 6.10 [Records of
Contractor’s Personnel and Equipment];
(e)
copies of quality assurance documents, test results and
certificates of Materials;
(f)
list of notices given under Sub-Clause 2.5 [Employer’s
Claims] and notices given under Sub-Clause 20.1
[Contractor’s Claims];
(g)
safety statistics, including details of any hazardous
incidents and activities relating to environmental aspects
and public relations; and
(h) comparisons of actual and planned progress, with details
of any events or circumstances which may jeopardise the
completion in accordance with the Contract, and the
measures being (or to be) adopted to overcome delays.
4.22 Security of the
Site
(a)
the Contractor shall be responsible
unauthorised persons off the Site, and
for
keeping
(b) authorised persons shall be limited to the Contractor’s
Personnel and the Employer’s Personnel; and to any other
personnel notified to the Contractor, by the Employer or
the Engineer, as authorised personnel of the Employer’s
other contractors on the Site.
4.23 Contractor’s
Operations on
Site
The Contractor shall confine his operations to the Site, and to any
additional areas which may be obtained by the Contractor and
agreed by the Engineer as additional working areas. The Contractor
shall take all necessary precautions to keep Contractor’s
Equipment and Contractor’s Personnel within the Site and these
additional areas, and to keep them off adjacent land..
During the execution of the Works, the Contractor shall keep the
Site free from all unnecessary obstruction, and shall store or
dispose of any Contractor’s Equipment or surplus materials. The
Contractor shall clear away and remove from the Site any
wreckage, rubbish and Temporary Works which are no longer
required.
Upon the issue of a Taking-Over Certificate, the Contractor
shall clear away and remove, from that part of the Site and
Works to which the Taking-Over Certificate refers, all
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Contractor’s Equipment, surplus material, wreckage, rubbish
and Temporary Works. The Contractor shall leave that part of
the Site and the Works in a clean and safe condition. However,
the Contractor may retain on Site, during the Defects
Notification Period, such Goods as are required for the
Contractor to fulfil obligations under the Contract.
4.24 Fossils
All fossils, coins, articles of value or antiquity, and structures
and other remains or items of geological or archaeological
interest found on the Site shall be placed under the care and
authority of the Employer. The Contractor shall take reasonable
precautions to prevent Contractor’s Personnel or other persons
from removing or damaging any of these findings.
The Contractor shall, upon discovery of any such finding,
promptly give notice to the Engineer, who shall issue
instructions for dealing with it. If the Contractor suffers delay
and/or incurs Cost from complying with the instructions, the
Contractor shall give a further notice to the Engineer and shall
be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:
(a)
Contract Price.
After receiving this further notice, the Engineer shall proceed in
5.
5.1
Definition of
“nominated
Subcontractor”
Nominated Subcontractors
In the Contract,
Subcontractor:
(a)
“nominated
Subcontractor”
means
a
who is stated in the Contract as being a nominated
Subcontractor, or
(b) whom the Engineer, under Clause 13 [Variations and
Adjustments], instructs the Contractor to employ as a
Subcontractor subject to Sub-Clause 5.2 [Objection to
Notification].
5.2
Objection to
Nomination
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The Contractor shall not be under any obligation to employ a
nominated Subcontractor against whom the Contractor raises
reasonable objection by notice to the Engineer as soon as
practicable, with supporting particulars. An objection shall be
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deemed reasonable if it arises from (among other things) any of
the following matters, unless the Employer agrees in writing to
indemnify the Contractor against and from the consequences of
the matter:
(a)
there are reasons to believe that the Subcontractor does not
have sufficient competence, resources or financial
strength;
(b) the nominated Subcontractor does not accept to indemnify
the Contractor against and from any negligence or misuse
of Goods by the nominated Subcontractor, his agents and
employees; or
(c)
the nominated Subcontractor does not accept to enter into
a subcontract which specifies that, for the subcontracted
work (including design, if any), the nominated
Subcontractor shall:
(i)
undertake to the Contractor such obligations and
liabilities as will enable the Contractor to discharge
his obligations and liabilities under the Contract;
(ii)
indemnify the Contractor against and from all
obligations and liabilities arising under or in
connection with the Contract and from the
consequences of any failure by the Subcontractor to
perform these obligations or to fulfil these liabilities,
and
(iii) be paid only if and when the Contractor has received
from the Employer payments for sums due under the
Subcontract referred to under Sub-Clause 5.3
[Payment to nominated Subcontractors].
5.3
Payments to
nominated
Subcontractors
The Contractor shall pay to the nominated Subcontractor the
amounts shown on the nominated Subcontractor’s invoices
approved by the Contractor which the Engineer certifies to be
due in accordance with the subcontract. These amounts plus
other charges shall be included in the Contract Price in
accordance with sub-paragraph (b) of Sub-Clause 13.5
[Provisional Sums], except as stated in Sub-Clause 5.4
[Evidence of Payments].
5.4
Evidence of
Payments
Before issuing a Payment Certificate which includes an amount
payable to a nominated Subcontractor, the Engineer may request
the Contractor to supply reasonable evidence that the nominated
Subcontractor has received all amounts due in accordance with
previous Payment Certificates, less applicable deductions for
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retention or otherwise. Unless the Contractor:
(a)
submits this reasonable evidence to the Engineer, or
(b)
(i)
satisfies the Engineer in writing that the Contractor is
reasonably entitled to withhold or refuse to pay these
amounts, and
(ii)
submits to the Engineer reasonable evidence that the
nominated Subcontractor has been notified of the
Contractor’s entitlement,
then the Employer may (at his sole discretion) pay, direct to the
nominated Subcontractor, part or all of such amounts previously
certified (less applicable deductions) as are due to the
nominated Subcontractor and for which the Contractor has
failed to submit the evidence described in sub-paragraphs (a) or
(b) above. The Contractor shall then repay, to the Employer, the
amount which the nominated Subcontractor was directly paid by
the Employer.
6.
6.1
Engagement of
Staff and Labour
Staff and Labour
Except as otherwise stated in the Specification, the Contractor
shall make arrangements for the engagement of all staff and
labour, local or otherwise, and for their payment, feeding,
transport, and, when appropriate, housing.
The Contractor is encouraged, to the extent practicable and
reasonable, to employ staff and labour with appropriate
qualifications and experience from sources within the Country.
6.2
The Contractor shall pay rates of wages, and observe conditions
Rates of Wages
and Conditions of of labour, which are not lower than those established for the
trade or industry where the work is carried out. If no established
Labour
rates or conditions are applicable, the Contractor shall pay rates
of wages and observe conditions which are not lower than the
general level of wages and conditions observed locally by
employers whose trade or industry is similar to that of the
Contractor.
The Contractor shall inform the Contractor’s Personnel about
their liability to pay personal income taxes in the Country in
respect of such of their salaries, wages, allowances and any
benefits as are subject to tax under the Laws of the Country for
the time being in force, and the Contractor shall perform such
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duties in regard to such deductions thereof as may be imposed
on him by such Laws.
6.3
Persons in the
Service of
Employer
The Contractor shall not recruit, or attempt to recruit, staff and
labour from amongst the Employer’s Personnel.
6.4
Labour Laws
The Contractor shall comply with all the relevant labour Laws
applicable to the Contractor’s Personnel, including Laws relating to
their employment, health, safety, welfare, immigration and
emigration, and shall allow them all their legal rights.
The Contractor shall require his employees to obey all
applicable Laws, including those concerning safety at work.
6.5
Working Hours
No work shall be carried out on the Site on locally recognised
days of rest, or outside the normal working hours stated in the
Contract Data, unless:
(a)
otherwise stated in the Contract,
(b) the Engineer gives consent, or
(c)
6.6
Facilities for Staff
and Labour
the work is unavoidable, or necessary for the protection of
life or property or for the safety of the Works, in which
case the Contractor shall immediately advise the Engineer.
Except as otherwise stated in the Specification, the Contractor
shall provide and maintain all necessary accommodation and
welfare facilities for the Contractor’s Personnel. The Contractor
shall also provide facilities for the Employer’s Personnel as
stated in the Specification.
The Contractor shall not permit any of the Contractor’s
Personnel to maintain any temporary or permanent living
quarters within the structures forming part of the Permanent
Works.
6.7
Health and Safety
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The Contractor shall at all times take all reasonable precautions
to maintain the health and safety of the Contractor’s Personnel.
In collaboration with local health authorities, the Contractor
shall ensure that medical staff, first aid facilities, sick bay and
ambulance service are available at all times at the Site and at
any accommodation for Contractor’s and Employer’s Personnel,
and that suitable arrangements are made for all necessary
welfare and hygiene requirements and for the prevention of
epidemics.
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The Contractor shall appoint an accident prevention officer at
the Site, responsible for maintaining safety and protection
against accidents. This person shall be qualified for this
responsibility, and shall have the authority to issue instructions
and take protective measures to prevent accidents. Throughout
the execution of the Works, the Contractor shall provide
whatever is required by this person to exercise this
responsibility and authority.
The Contractor shall send, to the Engineer, details of any
accident as soon as practicable after its occurrence. The
Contractor shall maintain records and make reports concerning
health, safety and welfare of persons, and damage to property,
as the Engineer may reasonably require.
HIV-AIDS Prevention. The Contractor shall conduct an HIVAIDS awareness programme via an approved service provider,
and shall undertake such other measures as are specified in this
Contract to reduce the risk of the transfer of the HIV virus
between and among the Contractor’s Personnel and the local
community, to promote early diagnosis and to assist affected
individuals.
The Contractor shall throughout the contract (including the
Defects Notification Period): (i) conduct Information, Education
and Communication (IEC) campaigns, at least every other
month, addressed to all the Site staff and labour (including all
the Contractor's employees, all Subcontractors and any other
Contractor’s or Employer’s personnel employees, and all truck
drivers and crew making deliveries to Site for construction
activities) and to the immediate local communities, concerning
the risks, dangers and impact, and appropriate avoidance
behaviour with respect to, of Sexually Transmitted Diseases
(STD) - or Sexually Transmitted Infections (STI) in general and
HIV/AIDS in particular; (ii) provide male or female condoms
for all Site staff and labour as appropriate; and (iii) provide for
STI and HIV/AIDS screening, diagnosis, counselling and
referral to a dedicated national STI and HIV/AIDS programme,
(unless otherwise agreed) of all Site staff and labour.
The Contractor shall include in the programme to be submitted
for the execution of the Works under Sub-Clause 8.3 an
alleviation programme for Site staff and labour and their
families in respect of Sexually Transmitted Infections (STI) and
Sexually Transmitted Diseases (STD) including HIV/AIDS. The
STI, STD and HIV/AIDS alleviation programme shall indicate
when, how and at what cost the Contractor plans to satisfy the
requirements of this Sub-Clause and the related specification.
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For each component, the programme shall detail the resources to
be provided or utilised and any related sub-contracting
proposed. The programme shall also include provision of a
detailed cost estimate with supporting documentation. Payment
to the Contractor for preparation and implementation this
programme shall not exceed the Provisional Sum dedicated for
this purpose.
6.8
Contractor’s
Superintendence
Throughout the execution of the Works, and as long thereafter
as is necessary to fulfil the Contractor’s obligations, the
Contractor shall provide all necessary superintendence to plan,
arrange, direct, manage, inspect and test the work.
Superintendence shall be given by a sufficient number of
persons having adequate knowledge of the language for
communications (defined in Sub-Clause 1.4 [Law and
Language]) and of the operations to be carried out (including the
methods and techniques required, the hazards likely to be
encountered and methods of preventing accidents), for the
satisfactory and safe execution of the Works.
6.9
Contractor’s
Personnel
The Contractor’s Personnel shall be appropriately qualified,
skilled and experienced in their respective trades or occupations.
The Engineer may require the Contractor to remove (or cause to
be removed) any person employed on the Site or Works,
including the Contractor’s Representative if applicable, who:
(a)
persists in any misconduct or lack of care,
(b) carries out duties incompetently or negligently,
(c)
fails to conform with any provisions of the Contract, or
(d) persists in any conduct which is prejudicial to safety,
health, or the protection of the environment.
If appropriate, the Contractor shall then appoint (or cause to be
appointed) a suitable replacement person.
6.10 Records of
Contractor’s
Personnel and
Equipment
The Contractor shall submit, to the Engineer, details showing
the number of each class of Contractor’s Personnel and of each
type of Contractor’s Equipment on the Site. Details shall be
submitted each calendar month, in a form approved by the
Engineer, until the Contractor has completed all work which is
known to be outstanding at the completion date stated in the
Taking-Over Certificate for the Works.
6.11 Disorderly
Conduct
The Contractor shall at all times take all reasonable precautions
to prevent any unlawful, riotous or disorderly conduct by or
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amongst the Contractor’s Personnel, and to preserve peace and
protection of persons and property on and near the Site.
6.12 Foreign
Personnel
The Contractor may bring in to the Country any foreign
personnel who are necessary for the execution of the Works to
the extent allowed by the applicable Laws. The Contractor shall
ensure that these personnel are provided with the required
residence visas and work permits. The Employer will, if
requested by the Contractor, use his best endeavours in a timely
and expeditious manner to assist the Contractor in obtaining any
local, state, national or government permission required for
bringing in the Contractor’s personnel..
The Contractor shall be responsible for the return of these
personnel to the place where they were recruited or to their
domicile. In the event of the death in the Country of any of these
personnel or members of their families, the Contractor shall
similarly be responsible for making the appropriate
arrangements for their return or burial.
6.13 Supply of
Foodstuffs
The Contractor shall arrange for the provision of a sufficient
supply of suitable food as may be stated in the Specification at
reasonable prices for the Contractor’s Personnel for the
purposes of or in connection with the Contract.
6.14 Supply of Water
The Contractor shall, having regard to local conditions, provide
on the Site an adequate supply of drinking and other water for
the use of the Contractor’s Personnel.
6.15 Measures against
Insect and Pest
Nuisance
The Contractor shall at all times take the necessary precautions
to protect the Contractor’s Personnel employed on the Site from
insect and pest nuisance, and to reduce the danger to their
health. The Contractor shall comply with all the regulations of
the local health authorities, including use of appropriate
insecticide.
6.16 Alcoholic Liquor
or Drugs
The Contractor shall not, otherwise than in accordance with the
Laws of the Country, import, sell, give, barter or otherwise
dispose of any alcoholic liquor or drugs, or permit or allow
importation, sale, gift, barter or disposal thereof by Contractor's
Personnel.
6.17 Arms and
Ammunition
The Contractor shall not give, barter, or otherwise dispose of, to
any person, any arms or ammunition of any kind, or allow
Contractor's Personnel to do so.
6.18 Festivals and
Religious
Customs
The Contractor shall respect the Country's recognized festivals,
days of rest and religious or other customs.
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6.19 Funeral
Arrangements
The Contractor shall be responsible, to the extent required by local
regulations, for making any funeral arrangements for any of his
local employees who may die while engaged upon the Works.
6.20 Prohibition of
Forced or
Compulsory
Labour
The Contractor shall not employ forced labour, which consists
of any work or service, not voluntarily performed, that is
exacted from an individual under threat of force or penalty, and
includes any kind of involuntary or compulsory labour, such as
indentured labour, bonded labour or similar labour-contracting
arrangements.
6.21 Prohibition of
Harmful Child
Labour
The Contractor shall not employ children in a manner that is
economically exploitative, or is likely to be hazardous, or to
interfere with, the child’s education, or to be harmful to the
child’s health or physical, mental, spiritual, moral, or social
development. Where the relevant labour laws of the Country
have provisions for employment of minors, the Contractor shall
follow those laws applicable to the Contractor. Children below
the age of 18 years shall not be employed in dangerous work.
6.22 Employment
Records of
Workers
The Contractor shall keep complete and accurate records of the
employment of labour at the Site. The records shall include the
names, ages, genders, hours worked and wages paid to all
workers. These records shall be summarized on a monthly basis
and submitted to the Engineer. These records shall be included
in the details to be submitted by the Contractor under SubClause 6.10 [Records of Contractor’s Personnel and
Equipment].
6.23 Workers’
Organisations
In countries where the relevant labour laws recognise workers’
rights to form and to join workers’ organisations of their
choosing without interference and to bargain collectively, the
Contractor shall comply with such laws. Where the relevant
labour laws substantially restrict workers’ organisations, the
Contractor shall enable alternative means for the Contractor’s
Personnel to express their grievances and protect their rights
regarding working conditions and terms of employment. In
either case described above, and where the relevant labour laws
are silent, the Contractor shall not discourage the Contractor’s
Personnel from forming or joining workers’ organisations of
their choosing or from bargaining collectively, and shall not
discriminate or retaliate against the Contractor’s Personnel who
participate, or seek to participate, in such organisations and
bargain collectively. The Contractor shall engage with such
workers’ representatives. Workers’ organisations are expected
to fairly represent the workers in the workforce.
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6.24 NonDiscrimination
and Equal
Opportunity
7.
7.1
Manner of
Execution
The Contractor shall not make employment decisions on the
basis of personal characteristics unrelated to inherent job
requirements. The Contractor shall base the employment
relationship on the principle of equal opportunity and fair
treatment, and shall not discriminate with respect to aspects of
the employment relationship, including recruitment and hiring,
compensation (including wages and benefits), working
conditions and terms of employment, access to training,
promotion, termination of employment or retirement, and
discipline. In countries where the relevant labour laws provide
for non-discrimination in employment, the Contractor shall
comply with such laws. When the relevant labour laws are silent
on non-discrimination in employment, the Contractor shall meet
this Sub-Clause’s requirements. Special measures of protection
or assistance to remedy past discrimination or selection for a
particular job based on the inherent requirements of the job shall
not be deemed discrimination.
Plant, Materials and Workmanship
The Contractor shall carry out the manufacture of Plant, the
production andmanufacture of Materials, and all other execution
of the Works:
(a)
in the manner (if any) specified in the Contract,
(b) in a proper workmanlike and careful manner, in
accordance with recognised good practice, and
(c)
7.2
Samples
with properly equipped facilities and non-hazardous
Materials, except as otherwise specified in the Contract.
The Contractor shall submit the following samples of Materials,
and relevant information, to the Engineer for consent prior to
using the Materials in or for the Works:
(a)
manufacturer’s standard samples of Materials and samples
specified in the Contract, all at the Contractor’s cost, and
(b) additional samples instructed by the Engineer as a
Variation.
Each sample shall be labelled as to origin and intended use in
the Works.
7.3
Inspection
The Employer’s Personnel shall at all reasonable times:
(a)
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have full access to all parts of the Site and to all places
from which natural Materials are being obtained, and
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(b) during production, manufacture and construction (at the
Site and elsewhere), be entitled to examine, inspect,
measure and test the materials and workmanship, and to
check the progress of manufacture of Plant and production
and manufacture of Materials.
The Contractor shall give the Employer’s Personnel full
opportunity to carry out these activities, including providing
access, facilities, permissions and safety equipment. No such
activity shall relieve the Contractor from any obligation or
responsibility.
The Contractor shall give notice to the Engineer whenever any
work is ready and before it is covered up, put out of sight, or
packaged for storage or transport. The Engineer shall then either
carry out the examination, inspection, measurement or testing
without unreasonable delay, or promptly give notice to the
Contractor that the Engineer does not require to do so. If the
Contractor fails to give the notice, he shall, if and when required
by the Engineer, uncover the work and thereafter reinstate and
make good, all at the Contractor’s cost.
7.4
Testing
This Sub-Clause shall apply to all tests specified in the Contract,
other than the Tests after Completion (if any).
Except as otherwise specified in the Contract, the Contractor
shall provide all apparatus, assistance, documents and other
information, electricity, equipment, fuel, consumables,
instruments, labour, materials, and suitably qualified and
experienced staff, as are necessary to carry out the specified
tests efficiently. The Contractor shall agree, with the Engineer,
the time and place for the specified testing of any Plant,
Materials and other parts of the Works.
The Engineer may, under Clause 13 [Variations and
Adjustments], vary the location or details of specified tests, or
instruct the Contractor to carry out additional tests. If these
varied or additional tests show that the tested Plant, Materials or
workmanship is not in accordance with the Contract, the cost of
carrying out this Variation shall be borne by the Contractor,
notwithstanding other provisions of the Contract.
The Engineer shall give the Contractor not less than 24 hours’
notice of the Engineer’s intention to attend the tests. If the
Engineer does not attend at the time and place agreed, the
Contractor may proceed with the tests, unless otherwise
instructed by the Engineer, and the tests shall then be deemed to
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have been made in the Engineer’s presence.
complying with these instructions or as a result of a delay for
which the Employer is responsible, the Contractor shall give
notice to the Engineer and shall be entitled subject to SubClause 20.1 [Contractor’s Claims] to:
(a)
The Contractor shall promptly forward to the Engineer duly
certified reports of the tests. When the specified tests have been
passed, the Engineer shall endorse the Contractor’s test
certificate, or issue a certificate to him, to that effect. If the
Engineer has not attended the tests, he shall be deemed to have
accepted the readings as accurate.
7.5
Rejection
If, as a result of an examination, inspection, measurement or
testing, any Plant, Materials or workmanship is found to be
defective or otherwise not in accordance with the Contract, the
Engineer may reject the Plant, Materials or workmanship by
giving notice to the Contractor, with reasons. The Contractor
shall then promptly make good the defect and ensure that the
rejected item complies with the Contract.
If the Engineer requires this Plant, Materials or workmanship to
be retested, the tests shall be repeated under the same terms and
conditions. If the rejection and retesting cause the Employer to
incur additional costs, the Contractor shall subject to Sub-Clause
2.5 [Employer’s Claims] pay these costs to the Employer.
7.6
Remedial Work
Notwithstanding any previous test or certification, the Engineer
may instruct the Contractor to:
(a)
remove from the Site and replace any Plant or Materials
which is not in accordance with the Contract,
(b) remove and re-execute any other work which is not in
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accordance with the Contract, and
(c)
execute any work which is urgently required for the safety
of the Works, whether because of an accident,
unforeseeable event or otherwise.
The Contractor shall comply with the instruction within a
reasonable time, which shall be the time (if any) specified in the
instruction, or immediately if urgency is specified under subparagraph (c).
If the Contractor fails to comply with the instruction, the
Employer shall be entitled to employ and pay other persons to
carry out the work. Except to the extent that the Contractor
would have been entitled to payment for the work, the
Contractor shall subject to Sub-Clause 2.5 [Employer’s Claims]
pay to the Employer all costs arising from this failure.
7.7
7.8
Ownership of
Plant and
Materials
Except as otherwise provided in the Contract, each item of Plant
and Materials shall, to the extent consistent with the Laws of the
Country, become the property of the Employer at whichever is
the earlier of the following times, free from liens and other
encumbrances:
(a)
when it is incorporated in the Works;
(b)
when the Contractor is paid the corresponding value of the
Plant and Materials under Sub-Clause 8.10 [Payment for
Plant and Materials in Event of Suspension].
Unless otherwise stated in the Specification, the Contractor shall
pay all royalties, rents and other payments for:
Royalties
(a)
natural Materials obtained from outside the Site, and
(b) the disposal of material from demolitions and excavations
and of other surplus material (whether natural or manmade), except to the extent that disposal areas within the
Site are specified in the Contract.
8.
8.1
Commencement
of Works
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Commencement, Delays and Suspension
Except as otherwise specified in the Particular Conditions of
Contract, the Commencement Date shall be the date at which the
following precedent conditions have all been fulfilled and the
Engineer’s notification recording the agreement of both Parties
on such fulfilment and instructing to commence the Work is
received by the Contractor:
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(a)
signature of the Contract Agreement by both Parties, and
if required, approval of the Contract by relevant
authorities of the Country;
(b)
delivery to the Contractor of reasonable evidence of the
Employer’s financial arrangements (under Sub-Clause
2.4 [Employer’s Financial Arrangements]);
(c)
except if otherwise specified in the Contract Data,
effective access to and possession of the Site given to the
Contractor together with such permission(s) under (a) of
Sub-Clause 1.13 [Compliance with Laws] as required for
the commencement of the Works
(d)
receipt by the Contractor of the Advance Payment under
Sub-Clause 14.2 [Advance Payment] provided that the
corresponding bank guarantee has been delivered by the
Contractor.
If the said Engineer’s instruction is not received by the
Contractor within 180 days from his receipt of the Letter of
Acceptance, the Contractor shall be entitled to terminate the
Contract under Sub-Clause 16.2 [Termination by Contractor].
The Contractor shall commence the execution of the Works as
soon as is reasonably practicable after the Commencement Date,
and shall then proceed with the Works with due expedition and
without delay.
8.2
Time for
Completion
The Contractor shall complete the whole of the Works, and each
Section (if any), within the Time for Completion for the Works
or Section (as the case may be), including:
(a)
achieving the passing of the Tests on Completion, and
(b) completing all work which is stated in the Contract as
being required for the Works or Section to be considered
to be completed for the purposes of taking-over under SubClause 10.1 [Taking Over of the Works and Sections].
8.3
Programme
The Contractor shall submit a detailed time programme to the
Engineer within 28 days after receiving the notice under SubClause 8.1 [Commencement of Works]. The Contractor shall
also submit a revised programme whenever the previous
programme is inconsistent with actual progress or with the
Contractor’s obligations. Each programme shall include:
(a)
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the order in which the Contractor intends to carry out the
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Works, including the anticipated timing of each stage of
design (if any), Contractor’s Documents, procurement,
manufacture of Plant, delivery to Site, construction,
erection and testing,
(b)
each of these stages for work by each nominated
Subcontractor (as defined in Clause 5 [Nominated
Subcontractors]),
(c)
the sequence and timing of inspections and tests specified
in the Contract, and
(d)
a supporting report which includes:
(i)
a general description of the methods which the
Contractor intends to adopt, and of the major stages,
in the execution of the Works, and
(ii) details showing the Contractor’s reasonable estimate
of the number of each class of Contractor’s Personnel
and of each type of Contractor’s Equipment, required
on the Site for each major stage.
Unless the Engineer, within 21 days after receiving a
programme, gives notice to the Contractor stating the extent to
which it does not comply with the Contract, the Contractor shall
proceed in accordance with the programme, subject to his other
obligations under the Contract. The Employer’s Personnel shall
be entitled to rely upon the programme when planning their
activities.
The Contractor shall promptly give notice to the Engineer of
specific probable future events or circumstances which may
adversely affect the work, increase the Contract Price or delay
the execution of the Works. The Engineer may require the
Contractor to submit an estimate of the anticipated effect of the
future event or circumstances, and/or a proposal under SubClause 13.3 [Variation Procedure].
If, at any time, the Engineer gives notice to the Contractor that a
programme fails (to the extent stated) to comply with the
Contract or to be consistent with actual progress and the
Contractor’s stated intentions, the Contractor shall submit a
revised programme to the Engineer in accordance with this SubClause.
8.4
Extension of
Time for
Completion
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The Contractor shall be entitled subject to Sub-Clause 20.1
[Contractor’s Claims] to an extension of the Time for
Completion if and to the extent that completion for the purposes
of Sub-Clause 10.1 [Taking Over of the Works and Sections] is
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or will be delayed by any of the following causes:
(a)
a Variation (unless an adjustment to the Time for
Completion has been agreed under Sub-Clause 13.3
[Variation Procedure]) or other substantial change in the
quantity of an item of work included in the Contract,
(b) a cause of delay giving an entitlement to extension of time
under a Sub-Clause of these Conditions,
(c)
exceptionally adverse climatic conditions,
(d) Unforeseeable shortages in the availability of personnel or
Goods caused by epidemic or governmental actions, or
(e)
any delay, impediment or prevention caused by or
attributable to the Employer, the Employer’s Personnel, or
the Employer’s other contractors.
If the Contractor considers himself to be entitled to an extension
of the Time for Completion, the Contractor shall give notice to
the Engineer in accordance with Sub-Clause 20.1 [Contractor’s
Claims]. When determining each extension of time under SubClause 20.1, the Engineer shall review previous determinations
and may increase, but shall not decrease, the total extension of
time.
8.5
Delays Caused by
Authorities
If the following conditions apply, namely:
(a)
the Contractor has diligently followed the procedures laid
down by the relevant legally constituted public authorities
in the Country,
(b) these authorities delay or disrupt the Contractor’s work,
and
(c)
the delay or disruption was Unforeseeable,
then this delay or disruption will be considered as a cause of
delay under sub-paragraph (b) of Sub-Clause 8.4 [Extension of
Time for Completion].
8.6
Rate of Progress
If, at any time:
(a)
actual progress is too slow to complete within the Time for
Completion, and/or
(b) progress has fallen (or will fall) behind the current
programme under Sub-Clause 8.3 [Programme],
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other than as a result of a cause listed in Sub-Clause 8.4
[Extension of Time for Completion], then the Engineer may
instruct the Contractor to submit, under Sub-Clause 8.3
[Programme], a revised programme and supporting report
describing the revised methods which the Contractor proposes
to adopt in order to expedite progress and complete within the
Time for Completion.
Unless the Engineer notifies otherwise, the Contractor shall
adopt these revised methods, which may require increases in the
working hours and/or in the numbers of Contractor’s Personnel
and/or Goods, at the risk and cost of the Contractor. If these
revised methods cause the Employer to incur additional costs,
the Contractor shall subject to notice under Sub-Clause 2.5
[Employer’s Claims] pay these costs to the Employer, in
addition to delay damages (if any) under Sub-Clause 8.7 below.
Additional costs of revised methods including acceleration
measures, instructed by the Engineer to reduce delays resulting
from causes listed under Sub-Clause 8.4 [Extension of Time for
Completion] shall be paid by the Employer, without generating,
however, any other additional payment benefit to the
Contractor.
8.7
Delay Damages
If the Contractor fails to comply with Sub-Clause 8.2 [Time for
Completion], the Contractor shall subject to notice under SubClause 2.5 [Employer’s Claims] pay delay damages to the
Employer for this default. These delay damages shall be the sum
stated in the Contract Data, which shall be paid for every day
which shall elapse between the relevant Time for Completion
and the date stated in the Taking-Over Certificate. However, the
total amount due under this Sub-Clause shall not exceed the
maximum amount of delay damages (if any) stated in the
Contract Data.
These delay damages shall be the only damages due from the
Contractor for such default, other than in the event of
termination under Sub-Clause 15.2 [Termination by Employer]
prior to completion of the Works. These damages shall not
relieve the Contractor from his obligation to complete the
Works, or from any other duties, obligations or responsibilities
which he may have under the Contract.
8.8
Suspension of
Work
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The Engineer may at any time instruct the Contractor to suspend
progress of part or all of the Works. During such suspension, the
Contractor shall protect, store and secure such part or the Works
against any deterioration, loss or damage.
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The Engineer may also notify the cause for the suspension. If
and to the extent that the cause is notified and is the
responsibility of the Contractor, the following Sub-Clauses 8.9,
8.10 and 8.11 shall not apply.
8.9
Consequences of
Suspension
complying with the Engineer’s instructions under Sub-Clause
8.8 [Suspension of Work] and/or from resuming the work, the
Contractor shall give notice to the Engineer and shall be entitled
subject to Sub-Clause 20.1 [Contractor’s Claims] to:
(a)
Contract Price.
The Contractor shall not be entitled to an extension of time for,
or to payment of the Cost incurred in, making good the
consequences of the Contractor’s faulty design, workmanship or
materials, or of the Contractor’s failure to protect, store or
secure in accordance with Sub-Clause 8.8 [Suspension of
Work].
8.10 Payment for
Plant and
Materials in
Event of
Suspension
The Contractor shall be entitled to payment of the value (as at
the date of suspension) of Plant and/or Materials which have not
been delivered to Site, if:
(a)
the work on Plant or delivery of Plant and/or Materials has
been suspended for more than 28 days, and
(b) the Contractor has marked the Plant and/or Materials as the
Employer’s property in accordance with the Engineer’s
instructions.
8.11 Prolonged
Suspension
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If the suspension under Sub-Clause 8.8 [Suspension of Work]
has continued for more than 84 days, the Contractor may request
the Engineer’s permission to proceed. If the Engineer does not
give permission within 28 days after being requested to do so,
the Contractor may, by giving notice to the Engineer, treat the
suspension as an omission under Clause 13 [Variations and
Adjustments] of the affected part of the Works. If the suspension
affects the whole of the Works, the Contractor may give notice
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of termination under Sub-Clause 16.2 [Termination by
Contractor].
8.12 Resumption of
Work
After the permission or instruction to proceed is given, the
Contractor and the Engineer shall jointly examine the Works
and the Plant and Materials affected by the suspension. The
Contractor shall make good any deterioration or defect in or loss
of the Works or Plant or Materials, which has occurred during
the suspension after receiving from the Engineer an instruction
to this effect under Clause 13 [Variations and Adjustments].
9.
9.1
Contractor’s
Obligations
Tests on Completion
The Contractor shall carry out the Tests on Completion in
accordance with this Clause and Sub-Clause 7.4 [Testing], after
providing the documents in accordance with sub-paragraph (d)
of Sub-Clause 4.1 [Contractor’s General Obligations].
The Contractor shall give to the Engineer not less than 21 days’
notice of the date after which the Contractor will be ready to
carry out each of the Tests on Completion. Unless otherwise
agreed, Tests on Completion shall be carried out within 14 days
after this date, on such day or days as the Engineer shall
instruct.
In considering the results of the Tests on Completion, the
Engineer shall make allowances for the effect of any use of the
Works by the Employer on the performance or other
characteristics of the Works. As soon as the Works, or a Section,
have passed any Tests on Completion, the Contractor shall
submit a certified report of the results of these Tests to the
Engineer.
9.2
Delayed Tests
If the Tests on Completion are being unduly delayed by the
Employer, Sub-Clause 7.4 [Testing] (fifth paragraph) and/or
Sub-Clause 10.3 [Interference with Tests on Completion] shall
be applicable.
If the Tests on Completion are being unduly delayed by the
Contractor, the Engineer may by notice require the Contractor to
carry out the Tests within 21 days after receiving the notice. The
Contractor shall carry out the Tests on such day or days within
that period as the Contractor may fix and of which he shall give
notice to the Engineer.
If the Contractor fails to carry out the Tests on Completion
within the period of 21 days, the Employer’s Personnel may
proceed with the Tests at the risk and cost of the Contractor. The
Tests on Completion shall then be deemed to have been carried
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out in the presence of the Contractor and the results of the Tests
shall be accepted as accurate.
9.3
Retesting
If the Works, or a Section, fail to pass the Tests on Completion,
Sub-Clause 7.5 [Rejection] shall apply, and the Engineer or the
Contractor may require the failed Tests, and Tests on
Completion on any related work, to be repeated under the same
terms and conditions.
9.4
Failure to Pass
Tests on
Completion
If the Works, or a Section, fail to pass the Tests on Completion
repeated under Sub-Clause 9.3 [Retesting], the Engineer shall be
entitled to:
(a)
order further repetition of Tests on Completion under SubClause 9.3;
(b) if the failure deprives the Employer of substantially the
whole benefit of the Works or Section, reject the Works or
Section (as the case may be), in which event the Employer
shall have the same remedies as are provided in subparagraph (c) of Sub-Clause 11.4 [Failure to Remedy
Defects]; or
(c)
issue a Taking-Over Certificate, if the Employer so requests.
In the event of sub-paragraph (c), the Contractor shall proceed
in accordance with all other obligations under the Contract, and
the Contract Price shall be reduced by such amount as shall be
appropriate to cover the reduced value to the Employer as a
result of this failure. Unless the relevant reduction for this
failure is stated (or its method of calculation is defined) in the
Contract, the Employer may require the reduction to be (i)
agreed by both Parties (in full satisfaction of this failure only)
and paid before this Taking-Over Certificate is issued, or (ii)
determined and paid under Sub-Clause 2.5 [Employer’s Claims]
and Sub-Clause 3.5 [Determinations].
10.
10.1 Taking Over of
the Works and
Sections
Employer’s Taking Over
Except as stated in Sub-Clause 9.4 [Failure to Pass Tests on
Completion], the Works shall be taken over by the Employer
when (i) the Works have been completed in accordance with the
Contract, including the matters described in Sub-Clause 8.2
[Time for Completion] and except as allowed in sub-paragraph
(a) below, and (ii) a Taking-Over Certificate for the Works has
been issued, or is deemed to have been issued in accordance
with this Sub-Clause.
The Contractor may apply by notice to the Engineer for a
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Taking-Over Certificate not earlier than 14 days before the
Works will, in the Contractor’s opinion, be complete and ready
for taking over. If the Works are divided into Sections, the
Contractor may similarly apply for a Taking-Over Certificate
for each Section.
The Engineer shall, within 28 days after receiving the
Contractor’s application:
(a)
issue the Taking-Over Certificate to the Contractor, stating
the date on which the Works or Section were completed in
accordance with the Contract, except for any minor
outstanding work and defects which will not substantially
affect the use of the Works or Section for their intended
purpose (either until or whilst this work is completed and
these defects are remedied); or
(b) reject the application, giving reasons and specifying the
work required to be done by the Contractor to enable the
Taking-Over Certificate to be issued. The Contractor shall
then complete this work before issuing a further notice
under this Sub-Clause.
If the Engineer fails either to issue the Taking-Over Certificate
or to reject the Contractor’s application within the period of 28
days, and if the Works or Section (as the case may be) are
substantially in accordance with the Contract, the Taking-Over
Certificate shall be deemed to have been issued on the last day
of that period.
10.2 Taking Over of
Parts of the
Works
The Engineer may, at the sole discretion of the Employer, issue
a Taking-OverCertificate for any part of the Permanent Works.
The Employer shall not use any part of the Works (other than as
a temporary measure which is either specified in the Contract or
agreed by both Parties) unless and until the Engineer has issued
a Taking-Over Certificate for this part. However, if the
Employer does use any part of the Works before the TakingOver Certificate is issued:
(a)
the part which is used shall be deemed to have been taken
over as from the date on which it is used,
(b) the Contractor shall cease to be liable for the care of such
part as from this date, when responsibility shall pass to the
Employer, and
(c)
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if requested by the Contractor, the Engineer shall issue a
Taking-Over Certificate for this part.
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After the Engineer has issued a Taking-Over Certificate for a
part of the Works, the Contractor shall be given the earliest
opportunity to take such steps as may be necessary to carry out
any outstanding Tests on Completion. The Contractor shall
carry out these Tests on Completion as soon as practicable
before the expiry date of the relevant Defects Notification
Period.
If the Contractor incurs Cost as a result of the Employer taking
over and/or using a part of the Works, other than such use as is
specified in the Contract or agreed by the Contractor, the
Contractor shall (i) give notice to the Engineer and (ii) be
entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to
payment of any such Cost plus profit, which shall be included in
the Contract Price. After receiving this notice, the Engineer shall
proceed in accordance with Sub-Clause 3.5 [Determinations] to
agree or determine this Cost and profit.
If a Taking-Over Certificate has been issued for a part of the
Works (other than a Section), the delay damages thereafter for
completion of the remainder of the Works shall be reduced.
Similarly, the delay damages for the remainder of the Section (if
any) in which this part is included shall also be reduced. For any
period of delay after the date stated in this Taking-Over
Certificate, the proportional reduction in these delay damages
shall be calculated as the proportion which the value of the part
so certified bears to the value of the Works or Section (as the
case may be) as a whole. The Engineer shall proceed in
determine these proportions. The provisions of this paragraph
shall only apply to the daily rate of delay damages under SubClause 8.7 [Delay Damages], and shall not affect the maximum
amount of these damages.
10.3 Interference with
Tests on
Completion
If the Contractor is prevented, for more than 14 days, from
carrying out the Tests on Completion by a cause for which the
Employer is responsible, the Employer shall be deemed to have
taken over the Works or Section (as the case may be) on the date
when the Tests on Completion would otherwise have been
completed.
The Engineer shall then issue a Taking-Over Certificate
accordingly, and the Contractor shall carry out the Tests on
Completion as soon as practicable, before the expiry date of the
Defects Notification Period. The Engineer shall require the
Tests on Completion to be carried out by giving 14 days’ notice
and in accordance with the relevant provisions of the Contract.
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this delay in carrying out the Tests on Completion, the
(a)
10.4
Surfaces
Requiring
Reinstatement
Except as otherwise stated in a Taking-Over Certificate, a
certificate for a Section or part of the Works shall not be deemed
to certify completion of any ground or other surfaces requiring
reinstatement.
11.
11.1 Completion of
Outstanding
Work and
Remedying
Defects
Defects Liability
In order that the Works and Contractor’s Documents, and each
Section, shall be in the condition required by the Contract (fair
wear and tear excepted) by the expiry date of the relevant
Defects Notification Period or as soon as practicable thereafter,
the Contractor shall:
(a)
complete any work which is outstanding on the date stated
in a Taking-Over Certificate, within such reasonable time
as is instructed by the Engineer, and
(b) execute all work required to remedy defects or damage, as
may be notified by (or on behalf of) the Employer on or
before the expiry date of the Defects Notification Period
for the Works or Section (as the case may be).
If a defect appears or damage occurs, the Contractor shall be
notified accordingly, by (or on behalf of) the Employer.
11.2 Cost of
Remedying
Defects
All work referred to in sub-paragraph (b) of Sub-Clause 11.1
[Completion of Outstanding Work and Remedying Defects]
shall be executed at the risk and cost of the Contractor, if and to
the extent that the work is attributable to:
(a)
any design for which the Contractor is responsible,
(b) Plant, Materials or workmanship not being in accordance
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with the Contract, or
(c)
failure by the Contractor to comply with any other
obligation.
If and to the extent that such work is attributable to any other
cause, the Contractor shall be notified promptly by (or on behalf
of) the Employer, and Sub-Clause 13.3 [Variation Procedure]
shall apply.
11.3 Extension of
Defects
Notification
Period
The Employer shall be entitled subject to Sub-Clause 2.5
[Employer’s Claims] to an extension of the Defects Notification
Period for the Works or a Section if and to the extent that the
Works, Section or a major item of Plant (as the case may be, and
after taking over) cannot be used for the purposes for which they
are intended by reason of a defect or by reason of damage
attributable to the Contractor. However, a Defects Notification
Period shall not be extended by more than two years.
If delivery and/or erection of Plant and/or Materials was
suspended under Sub-Clause 8.8 [Suspension of Work] or SubClause 16.1 [Contractor’s Entitlement to Suspend Work], the
Contractor’s obligations under this Clause shall not apply to any
defects or damage occurring more than two years after the
Defects Notification Period for the Plant and/or Materials would
otherwise have expired.
11.4 Failure to
Remedy Defects
If the Contractor fails to remedy any defect or damage within a
reasonable time, a date may be fixed by (or on behalf of) the
Employer, on or by which the defect or damage is to be remedied.
The Contractor shall be given reasonable notice of this date.
If the Contractor fails to remedy the defect or damage by this
notified date and this remedial work was to be executed at the
cost of the Contractor under Sub-Clause 11.2 [Cost of
Remedying Defects], the Employer may (at his option):
(a)
carry out the work himself or by others, in a reasonable
manner and at the Contractor’s cost, but the Contractor
shall have no responsibility for this work; and the
Contractor shall subject to Sub-Clause 2.5 [Employer’s
Claims] pay to the Employer the costs reasonably incurred
by the Employer in remedying the defect or damage;
(b) require the Engineer to agree or determine a reasonable
reduction in the Contract Price in accordance with SubClause 3.5 [Determinations]; or
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(c)
if the defect or damage deprives the Employer of
substantially the whole benefit of the Works or any major
part of the Works, terminate the Contract as a whole, or in
respect of such major part which cannot be put to the
intended use. Without prejudice to any other rights, under
the Contract or otherwise, the Employer shall then be
entitled to recover all sums paid for the Works or for such
part (as the case may be), plus financing costs and the cost
of dismantling the same, clearing the Site and returning
Plant and Materials to the Contractor.
11.5 Removal of
Defective Work
If the defect or damage cannot be remedied expeditiously on the
Site and the Employer gives consent, the Contractor may
remove from the Site for the purposes of repair such items of
Plant as are defective or damaged. This consent may require the
Contractor to increase the amount of the Performance Security
by the full replacement cost of these items, or to provide other
appropriate security.
11.6 Further Tests
If the work of remedying of any defect or damage may affect
the performance of the Works, the Engineer may require the
repetition of any of the tests described in the Contract. The
requirement shall be made by notice within 28 days after the
defect or damage is remedied.
These tests shall be carried out in accordance with the terms
applicable to the previous tests, except that they shall be carried
out at the risk and cost of the Party liable, under Sub-Clause
11.2 [Cost of Remedying Defects], for the cost of the remedial
work.
11.7 Right of Access
Until the Performance Certificate has been issued, the
Contractor shall have such right of access to the Works as is
reasonably required in order to comply with this Clause, except
as may be inconsistent with the Employer’s reasonable security
restrictions.
11.8 Contractor to
Search
The Contractor shall, if required by the Engineer, search for the
cause of any defect, under the direction of the Engineer. Unless
the defect is to be remedied at the cost of the Contractor under
Sub-Clause 11.2 [Cost of Remedying Defects], the Cost of the
search plus profit shall be agreed or determined by the Engineer
in accordance with Sub-Clause 3.5 [Determinations] and shall
be included in the Contract Price.
11.9 Performance
Certificate
Performance of the Contractor’s obligations shall not be
considered to have been completed until the Engineer has issued
the Performance Certificate to the Contractor, stating the date on
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which the Contractor completed his obligations under the
Contract.
The Engineer shall issue the Performance Certificate within 28
days after the latest of the expiry dates of the Defects
Notification Periods, or as soon thereafter as the Contractor has
supplied all the Contractor’s Documents and completed and
tested all the Works, including remedying any defects. A copy
of the Performance Certificate shall be issued to the Employer.
Only the Performance Certificate shall be deemed to constitute
acceptance of the Works.
11.10 Unfulfilled
Obligations
After the Performance Certificate has been issued, each Party
shall remain liable for the fulfilment of any obligation which
remains unperformed at that time. For the purposes of
determining the nature and extent of unperformed obligations,
the Contract shall be deemed to remain in force.
11.11 Clearance of Site
Upon receiving the Performance Certificate, the Contractor shall
remove any remaining Contractor’s Equipment, surplus
material, wreckage, rubbish and Temporary Works from the
Site.
If all these items have not been removed within 28 days after
receipt by the Contractor of the Performance Certificate, the
Employer may sell or otherwise dispose of any remaining items.
The Employer shall be entitled to be paid the costs incurred in
connection with, or attributable to, such sale or disposal and
restoring the Site.
Any balance of the moneys from the sale shall be paid to the
Contractor. If these moneys are less than the Employer’s costs,
the Contractor shall pay the outstanding balance to the
Employer.
12.
12.1 Works to be
Measured
Measurement and Evaluation
The Works shall be measured, and valued for payment, in
accordance with this Clause. The Contractor shall show in each
application under Sub-Clauses 14.3 [Application for Interim
Payment Certificates], 14.10 [Statement on Completion] and
14.11 [Application for Final Payment Certificate] the quantities
and other particulars detailing the amounts which he considers
to be entitled under the Contract.
Whenever the Engineer requires any part of the Works to be
measured, reasonable notice shall be given to the Contractor’s
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Representative, who shall:
(a)
promptly either attend or send another qualified
representative to assist the Engineer in making the
measurement, and
(b) supply any particulars requested by the Engineer.
If the Contractor fails to attend or send a representative, the
measurement made by (or on behalf of) the Engineer shall be
accepted as accurate.
Except as otherwise stated in the Contract, wherever any
Permanent Works are to be measured from records, these shall
be prepared by the Engineer. The Contractor shall, as and when
requested, attend to examine and agree the records with the
Engineer, and shall sign the same when agreed. If the Contractor
does not attend, the records shall be accepted as accurate.
If the Contractor examines and disagrees the records, and/or
does not sign them as agreed, then the Contractor shall give
notice to the Engineer of the respects in which the records are
asserted to be inaccurate. After receiving this notice, the
Engineer shall review the records and either confirm or vary
them and certify the payment of the undisputed part. If the
Contractor does not so give notice to the Engineer within 14
days after being requested to examine the records, they shall be
accepted as accurate.
12.2 Method of
Measurement
Except as otherwise stated in the Contract and notwithstanding
local practice:
(a) measurement shall be made of the net actual quantity of
each item of the Permanent Works, and
(b) the method of measurement shall be in accordance with
the Bill of Quantities or other applicable Schedules.
12.3 Evaluation
Except as otherwise stated in the Contract, the Engineer shall
agree or determine the Contract Price by evaluating each item of
work, applying the measurement agreed or determined in
accordance with the above Sub-Clauses 12.1 and 12.2 and the
appropriate rate or price for the item.
For each item of work, the appropriate rate or price for the item
shall be the rate or price specified for such item in the Contract
or, if there is no such item, specified for similar work.
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Any item of work included in the Bill of Quantities for which no
rate or price was specified shall be considered as included in
other rates and prices in the Bill of Quantities and will not be
paid for separately.
However, a new rate or price shall be appropriate for an item of
work if:
(a)
(i)
the measured quantity of the item is changed by more
than 25% from the quantity of this item in the Bill of
Quantities or other Schedule,
(ii)
this change in quantity multiplied by such specified
rate for this item exceeds 0.25% of the Accepted
Contract Amount,
(iii) this change in quantity directly changes the Cost per
unit quantity of this item by more than 1%, and
(iv) this item is not specified in the Contract as a “fixed
rate item”;
or
(b)
(i)
the work is instructed under Clause 13 [Variations
and Adjustments],
(ii)
no rate or price is specified in the Contract for this
item, and
(iii) no specified rate or price is appropriate because the
item of work is not of similar character, or is not
executed under similar conditions, as any item in the
Contract.
Each new rate or price shall be derived from any relevant rates
or prices in the Contract, with reasonable adjustments to take
account of the matters described in sub-paragraph (a) and/or (b),
as applicable. If no rates or prices are relevant for the derivation
of a new rate or price, it shall be derived from the reasonable
Cost of executing the work, together with profit, taking account
of any other relevant matters.
Until such time as an appropriate rate or price is agreed or
determined, the Engineer shall determine a provisional rate or
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price for the purposes of Interim Payment Certificates as soon as
the concerned work commences.
12.4 Omissions
Whenever the omission of any work forms part (or all) of a
Variation, the value of which has not been agreed, if:
(a)
the Contractor will incur (or has incurred) cost which, if
the work had not been omitted, would have been deemed
to be covered by a sum forming part of the Accepted
Contract Amount;
(b) the omission of the work will result (or has resulted) in this
sum not forming part of the Contract Price; and
(c)
this cost is not deemed to be included in the evaluation of
any substituted work;
then the Contractor shall give notice to the Engineer
accordingly, with supporting particulars. Upon receiving this
notice, the Engineer shall proceed in accordance with SubClause 3.5 [Determinations] to agree or determine this cost,
which shall be included in the Contract Price.
13.
13.1 Right to Vary
Variations and Adjustments
Variations may be initiated by the Engineer at any time prior to
issuing the Taking-Over Certificate for the Works, either by an
instruction or by a request for the Contractor to submit a proposal.
The Contractor shall execute and be bound by each Variation,
unless the Contractor promptly gives notice to the Engineer
stating (with supporting particulars) that (i) the Contractor
cannot readily obtain the Goods required for the Variation, or
(ii) such Variation triggers a substantial change in the sequence
or progress of the Works. Upon receiving this notice, the
Engineer shall cancel, confirm or vary the instruction.
Each Variation may include:
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(a)
changes to the quantities of any item of work included in
the Contract (however, such changes do not necessarily
constitute a Variation),
(b)
changes to the quality and other characteristics of any item
of work,
(c)
changes to the levels, positions and/or dimensions of any
part of the Works,
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(d)
omission of any work unless it is to be carried out by
others,
(e)
any additional work, Plant, Materials or services necessary
for the Permanent Works, including any associated Tests
on Completion, boreholes and other testing and
exploratory work, or
(f)
changes to the sequence or timing of the execution of the
Works.
The Contractor shall not make any alteration and/or
modification of the Permanent Works, unless and until the
Engineer instructs or approves a Variation.
13.2 Value
Engineering
The Contractor may, at any time, submit to the Engineer a written
proposal which (in the Contractor’s opinion) will, if adopted, (i)
accelerate completion, (ii) reduce the cost to the Employer of
executing, maintaining or operating the Works, (iii) improve the
efficiency or value to the Employer of the completed Works, or
(iv) otherwise be of benefit to the Employer.
The proposal shall be prepared at the cost of the Contractor and
shall include the items listed in Sub-Clause 13.3 [Variation
Procedure].
If a proposal, which is approved by the Engineer, includes a
change in the design of part of the Permanent Works, then
unless otherwise agreed by both Parties:
(a)
the Contractor shall design this part,
(b) sub-paragraphs (a) to (d) of Sub-Clause 4.1 [Contractor’s
General Obligations] shall apply, and
(c)
if this change results in a reduction in the contract value of
this part, the Engineer shall proceed in accordance with
Sub-Clause 3.5 [Determinations] to agree or determine a
fee, which shall be included in the Contract Price. This fee
shall be half (50%) of the difference between the following
amounts:
(i)
such reduction in contract value, resulting from the
change, excluding adjustments under Sub-Clause
13.7 [Adjustments for Changes in Legislation] and
Sub-Clause 13.8 [Adjustments for Changes in
Cost],and
(ii) the reduction (if any) in the value to the Employer of
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the varied works, taking account of any reductions in
quality, anticipated life or operational efficiencies.
However, if amount (i) is less than amount (ii), there shall not
be a fee.
13.3 Variation
Procedure
If the Engineer requests a proposal, prior to instructing a
Variation, the Contractor shall respond in writing as soon as
practicable, either by giving reasons why he cannot comply (if
this is the case) or by submitting:
(a)
a description of the proposed work to be performed and a
programme for its execution,
(b) the Contractor’s proposal for any necessary modifications
to the programme according to Sub-Clause 8.3
[Programme] and to the Time for Completion, and
(c)
the Contractor’s proposal for evaluation of the Variation.
The Engineer shall, as soon as practicable after receiving such
proposal (under Sub-Clause 13.2 [Value Engineering] or
otherwise), respond with approval, disapproval or comments.
The Contractor shall not delay any work whilst awaiting a
response.
Each instruction to execute a Variation, with any requirements
for the recording of Costs, shall be issued by the Engineer to the
Contractor, who shall acknowledge receipt.
Each Variation shall be evaluated in accordance with Clause 12
[Measurement and Evaluation], unless the Engineer instructs or
approves otherwise in accordance with this Clause.
13.4 Payment in
Applicable
Currencies
If the Contract provides for payment of the Contract Price in
more than one currency, then whenever an adjustment is agreed,
approved or determined as stated above, the amount payable in
each of the applicable currencies shall be specified. For this
purpose, reference shall be made to the actual or expected
currency proportions of the Cost of the varied work, and to the
proportions of various currencies specified for payment of the
Contract Price.
13.5 Provisional Sums
Each Provisional Sum shall only be used, in whole or in part, in
accordance with the Engineer’s instructions, and the Contract
Price shall be adjusted accordingly. The total sum paid to the
Contractor shall include only such amounts, for the work,
supplies or services to which the Provisional Sum relates, as the
Engineer shall have instructed. For each Provisional Sum, the
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Engineer may instruct:
(a)
work to be executed (including Plant, Materials or services
to be supplied) by the Contractor and valued under SubClause 13.3 [Variation Procedure]; and/or
(b) Plant, Materials or services to be purchased by the
Contractor, from a nominated Subcontractor (as defined in
Clause 5 [Nominated Subcontractors]) or otherwise; and
for which there shall be included in the Contract Price:
(i)
the actual amounts paid (or due to be paid) by the
Contractor, and
(ii) a sum for overhead charges and profit, calculated as a
percentage of these actual amounts by applying the
relevant percentage rate (if any) stated in the
appropriate Schedule. If there is no such rate, the
percentage rate stated in the Contract Data shall be
applied.
The Contractor shall, when required by the Engineer, produce
quotations, invoices, vouchers and accounts or receipts in
substantiation.
13.6 Daywork
For work of a minor or incidental nature, the Engineer may
instruct that a Variation shall be executed on a daywork basis.
The work shall then be valued in accordance with the Daywork
Schedule included in the Contract, and the following procedure
shall apply. If a Daywork Schedule is not included in the
Contract, this Sub-Clause shall not apply.
Before ordering Goods for the work, the Contractor shall submit
quotations to the Engineer. When applying for payment, the
Contractor shall submit invoices, vouchers and accounts or
receipts for any Goods.
Except for any items for which the Daywork Schedule specifies
that payment is not due, the Contractor shall deliver each day to
the Engineer accurate statements in duplicate which shall
include the following details of the resources used in executing
the previous day’s work:
(a)
the names, occupations and time of Contractor’s
Personnel,
(b) the identification, type and time of Contractor’s Equipment
and Temporary Works, and
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(c)
the quantities and types of Plant and Materials used.
One copy of each statement will, if correct, or when agreed, be
signed by the Engineer and returned to the Contractor. The
Contractor shall then submit priced statements of these
resources to the Engineer, prior to their inclusion in the next
Statement under Sub-Clause 14.3 [Application for Interim
Payment Certificates].
13.7 Adjustments for
Changes in
Legislation
The Contract Price shall be adjusted to take account of any
increase or decrease in Cost resulting from a change in the Laws
of the Country (including the introduction of new Laws and the
repeal or modification of existing Laws) or in the judicial or
official governmental interpretation of such Laws, made after
the Base Date, which affect the Contractor in the performance of
obligations under the Contract.
If the Contractor suffers (or will suffer) delay and/or incurs (or
will incur) additional Cost as a result of these changes in the
Laws or in such interpretations, made after the Base Date, the
(a)
Contract Price.
Notwithstanding the foregoing, the Contractor shall not be
entitled to an extension of time if the relevant delay has already
been taken into account in the determination of a previous
extension of time and such Cost shall not be separately paid if
the same shall already have been taken into account in the
indexing of any inputs to the table of adjustment data in
accordance with the provisions of Sub-Clause 13.8 [Adjustments
for Changes in Cost].
13.8 Adjustments for
Changes in Cost
In this Sub-Clause, “table of adjustment data” means the
completed table of adjustment data for local and foreign
currencies included in the Schedules. If there is no such table of
adjustment data, this Sub-Clause shall not apply.
If this Sub-Clause applies, the amounts payable to the
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Contractor shall be adjusted for rises or falls in the cost of
labour, Goods and other inputs to the Works, by the addition or
deduction of the amounts determined by the formulae prescribed
in this Sub-Clause. To the extent that full compensation for any
rise or fall in Costs is not covered by the provisions of this or
other Clauses, the Accepted Contract Amount shall be deemed
to have included amounts to cover the contingency of other rises
and falls in costs.
The adjustment to be applied to the amount otherwise payable to
the Contractor, as valued in accordance with the appropriate
Schedule and certified in Payment Certificates, shall be
determined from formulae for each of the currencies in which
the Contract Price is payable. No adjustment is to be applied to
work valued on the basis of Cost or current prices. The formulae
shall be of the following general type:
Pn = a + b Ln/ Lo + c En/Eo + d Mn/Mo + ...... where:
“Pn” is the adjustment multiplier to be applied to the estimated
contract value in the relevant currency of the work carried out in
period “n”, this period being a month unless otherwise stated in
the Contract Data ;
“a” is a fixed coefficient, stated in the relevant table of
adjustment data, representing the non-adjustable portion in
contractual payments;
“b”, “c”, “d”, … are coefficients representing the estimated
proportion of each cost element related to the execution of the
Works, as stated in the relevant table of adjustment data; such
tabulated cost elements may be indicative of resources such as
labour, equipment and materials;
“Ln”, “En”, “Mn”, … are the current cost indices or reference
prices for period “n”, expressed in the relevant currency of
payment, each of which is applicable to the relevant tabulated
cost element on the date 49 days prior to the last day of the
period (to which the particular Payment Certificate relates); and
“Lo”, “Eo”, “Mo”, … are the base cost indices or reference
prices, expressed in the relevant currency of payment, each of
which is applicable to the relevant tabulated cost element on the
Base Date.
The cost indices or reference prices stated in the table of
adjustment data shall be used. If their source is in doubt, it shall
be determined by the Engineer. For this purpose, reference shall
be made to the values of the indices at stated dates (quoted in
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the fourth and fifth columns respectively of the table) for the
purposes of clarification of the source; although these dates (and
thus these values) may not correspond to the base cost indices.
In cases where the “currency of index” is not the relevant
currency of payment, each index shall be converted into the
relevant currency of payment at the selling rate, established by
the central bank of the Country, of this relevant currency on the
above date for which the index is required to be applicable.
Until such time as each current cost index is available, the
Engineer shall determine a provisional index for the issue of
Interim Payment Certificates. When a current cost index is
available, the adjustment shall be recalculated accordingly.
If the Contractor fails to complete the Works within the Time
for Completion, adjustment of prices thereafter shall be made
using either (i) each index or price applicable on the date 49
days prior to the expiry of the Time for Completion of the
Works, or (ii) the current index or price, whichever is more
favourable to the Employer.
The weightings (coefficients) for each of the factors of cost
stated in the table(s) of adjustment data shall only be adjusted if
they have been rendered unreasonable, unbalanced or
inapplicable, as a result of Variations.
14.
14.1 The Contract
Price
Contract Price and Payment
(a)
the Contract Price shall be agreed or determined under
Sub-Clause 12.3 [Evaluation] and be subject to
adjustments in accordance with the Contract;
(b) the Contractor shall pay all taxes, duties and fees required
to be paid by him under the Contract, and the Contract
Price shall not be adjusted for any of these costs except as
stated in Sub-Clause 13.7 [Adjustments for Changes in
Legislation];
(c)
any quantities which may be set out in the Bill of
Quantities or other Schedule are estimated quantities and
are not to be taken as the actual and correct quantities:
(i)
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of the Works which the Contractor is required to
execute, or
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(ii) for the purposes of Clause 12 [Measurement and
Evaluation]; and
(d)
the Contractor shall submit to the Engineer, within 28 days
after the Commencement Date, a proposed breakdown of
each lump sum price in the Schedules. The Engineer may
take account of the breakdown when preparing Payment
Certificates, but shall not be bound by it.
Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts therefor,
imported by the Contractor for the sole purpose of executing the
Contract shall be exempt from the payment of import duties and
taxes upon importation.
14.2 Advance Payment The Employer shall make an advance payment, as an interestfree loan for mobilisation and cash flow support, when the
Contractor submits a guarantee in accordance with this SubClause. The total advance payment, the number and timing of
instalments (if more than one), and the applicable currencies and
proportions, shall be as stated in the Contract Data.
Unless and until the Employer receives this guarantee, or if the
total advance payment is not stated in the Contract Data, this
Sub-Clause shall not apply.
The Engineer shall deliver to the Employer and to the Contractor
an Interim Payment Certificate for the advance payment or its
first instalment after receiving a Statement (under Sub-Clause
14.3 [Application for Interim Payment Certificates]) and after
the Employer receives (i) the Performance Security in
accordance with Sub-Clause 4.2 [Performance Security] and (ii)
a guarantee in amounts and currencies equal to the advance
payment. This guarantee shall be issued by a reputable bank or
financial institution selected by the Contractor and shall be in
the form annexed to the Particular Conditions or in another form
approved by the Employer.
The Contractor shall ensure that the guarantee is valid and
enforceable until the advance payment has been repaid, but its
amount shall be progressively reduced by the amount repaid by
the Contractor as indicated in the Payment Certificates. If the
terms of the guarantee specify its expiry date, and the advance
payment has not been repaid by the date 28 days prior to the
expiry date, the Contractor shall extend the validity of the
guarantee until the advance payment has been repaid.
Unless stated otherwise in the Contract Data, the advance
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payment shall be repaid through percentage deductions from the
interim payments determined by the Engineer in accordance
with Sub-Clause 14.6 [Issue of Interim Payment Certificates], as
follows:
(a)
deductions shall commence in the next interim Payment
Certificate following that in which the total of all certified
interim payments (excluding the advance payment and
deductions and repayments of retention) exceeds 30
percent (30%)of the Accepted Contract Amount less
Provisional Sums; and
(b)
deductions shall be made at the amortisation rate stated in the
Contract Data of the amount of each Interim Payment
Certificate (excluding the advance payment and deductions
for its repayments as well as deductions for retention money)
in the currencies and proportions of the advance payment
until such time as the advance payment has been repaid;
provided that the advance payment shall be completely
repaid prior to the time when 90 percent (90%) of the
Accepted Contract Amount less Provisional Sums has been
certified for payment.
If the advance payment has not been repaid prior to the issue of
the Taking-Over Certificate for the Works or prior to
termination under Clause 15 [Termination by Employer], Clause
16 [Suspension and Termination by Contractor] or Clause 19
[Force Majeure] (as the case may be), the whole of the balance
then outstanding shall immediately become due and in case of
termination under Clause 15 [Termination by Employer], except
for Sub-Clause 15.5 [Employer’s Entitlement to Termination for
Convenience], payable by the Contractor to the Employer.
14.3 Application for
Interim Payment
Certificates
The Contractor shall submit a Statement in six copies to the
Engineer after the end of each month, in a form approved by the
Engineer, showing in detail the amounts to which the Contractor
considers himself to be entitled, together with supporting
documents which shall include the report on the progress during
this month in accordance with Sub-Clause 4.21 [Progress
Reports].
The Statement shall include the following items, as applicable,
which shall be expressed in the various currencies in which the
Contract Price is payable, in the sequence listed:
(a)
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the estimated contract value of the Works executed and the
Contractor’s Documents produced up to the end of the
month (including Variations but excluding items described
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in sub-paragraphs (b) to (g) below);
(b) any amounts to be added and deducted for changes in
legislation and changes in cost, in accordance with SubClause 13.7 [Adjustments for Changes in Legislation] and
Sub-Clause 13.8 [Adjustments for Changes in Cost];
(c)
any amount to be deducted for retention, calculated by
applying the percentage of retention stated in the Contract
Data to the total of the above amounts, until the amount so
retained by the Employer reaches the limit of Retention
Money (if any) stated in the Contract Data;
(d) any amounts to be added for the advance payment and (if
more than one instalment) and to be deducted for
itsrepayments in accordance with Sub-Clause 14.2
[Advance Payment];
14.4 Schedule of
Payments
(e)
any amounts to be added and deducted for Plant and
Materials in accordance with Sub-Clause 14.5 [Plant and
Materials intended for the Works];
(f)
any other additions or deductions which may have become
due under the Contract or otherwise, including those under
Clause 20 [Claims, Disputes and Arbitration]; and
(g)
the deduction of amounts certified in all previous Payment
Certificates.
If the Contract includes a schedule of payments specifying the
instalments in which the Contract Price will be paid, then unless
otherwise stated in this schedule:
(a)
the instalments quoted in this schedule of payments shall
be the estimated contract values for the purposes of subparagraph (a) of Sub-Clause 14.3 [Application for Interim
Payment Certificates];;
(b) Sub-Clause 14.5 [Plant and Materials intended for the
Works] shall not apply; and
(c)
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if these instalments are not defined by reference to the
actual progress achieved in executing the Works, and if
actual progress is found to be less or more than that on
which this schedule of payments was based, then the
Engineer may proceed in accordance with Sub-Clause 3.5
[Determinations] to agree or determine revised
instalments, which shall take account of the extent to
which progress is less or more than that on which the
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instalments were previously based.
If the Contract does not include a schedule of payments, the
Contractor shall submit non-binding estimates of the payments
which he expects to become due during each quarterly period.
The first estimate shall be submitted within 42 days after the
Commencement Date. Revised estimates shall be submitted at
quarterly intervals, until the Taking-Over Certificate has been
issued for the Works.
14.5 Plant and
Materials
intended for the
Works
If this Sub-Clause applies, Interim Payment Certificates shall
include, under sub-paragraph (e) of Sub-Clause 14.3, (i) an
amount for Plant and Materials which have been sent to the Site
for incorporation in the Permanent Works, and (ii) a reduction
when the contract value of such Plant and Materials is included
as part of the Permanent Works under sub-paragraph (a) of SubClause 14.3 [Application for Interim Payment Certificates].
If the lists referred to in sub-paragraphs (b)(i) or (c)(i) below are
not included in the Schedules, this Sub-Clause shall not apply.
The Engineer shall determine and certify each addition if the
following conditions are satisfied:
(a)
the Contractor has:
(i)
kept satisfactory records (including the orders,
receipts, Costs and use of Plant and Materials) which
are available for inspection, and
(ii) submitted a statement of the Cost of acquiring and
delivering the Plant and Materials to the Site,
supported by satisfactory evidence;
and either:
(b)
the relevant Plant and Materials:
(i)
are those listed in the Schedules for payment when
shipped,
(ii) have been shipped to the Country, en route to the
Site, in accordance with the Contract; and
(iii) are described in a clean shipped bill of lading or other
evidence of shipment, which has been submitted to
the Engineer together with evidence of payment of
freight and insurance, any other documents
reasonably required, and a bank guarantee in a form
and issued by an entity approved by the Employer in
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amounts and currencies equal to the amount due
under this Sub-Clause: this guarantee may be in a
similar form to the form referred to in Sub-Clause
14.2 [Advance Payment] and shall be valid until the
Plant and Materials are properly stored on Site and
protected against loss, damage or deterioration;
or
(c)
the relevant Plant and Materials:
(i)
are those listed in the Schedules for payment when
delivered to the Site, and
(ii) have been delivered to and are properly stored on the
Site, are protected against loss, damage or deterioration,
and appear to be in accordance with the Contract.
The additional amount to be certified shall be the equivalent of
eighty percent (80%) of the Engineer’s determination of the cost
of the Plant and Materials (including delivery to Site), taking
account of the documents mentioned in this Sub-Clause and of
the contract value of the Plant and Materials.
The currencies for this additional amount shall be the same as
those in which payment will become due when the contract
value is included under sub-paragraph (a) of Sub-Clause 14.3
[Application for Interim Payment Certificates]. At that time, the
Payment Certificate shall include the applicable reduction which
shall be equivalent to, and in the same currencies and
proportions as, this additional amount for the relevant Plant and
Materials.
14.6 Issue of Interim
Payment
Certificates
No amount will be certified or paid until the Employer has
received and approved the Performance Security. Thereafter, the
Engineer shall, within 28 days after receiving a Statement and
supporting documents, deliver to the Employer and to the
Contractor an Interim Payment Certificate which shall state the
amount which the Engineer fairly determines to be due, with all
supporting particulars for any reduction or withholding made by
the Engineer on the Statement if any.
However, prior to issuing the Taking-Over Certificate for the
Works, the Engineer shall not be bound to issue an Interim
Payment Certificate in an amount which would (after retention
and other deductions) be less than the minimum amount of
Interim Payment Certificates (if any) stated in the Contract
Data. In this event, the Engineer shall give notice to the
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Contractor accordingly.
An Interim Payment Certificate shall not be withheld for any
other reason, although:
(a)
if any thing supplied or work done by the Contractor is not
in accordance with the Contract, the cost of rectification or
replacement may be withheld until rectification or
replacement has been completed; and/or
(b) if the Contractor was or is failing to perform any work or
obligation in accordance with the Contract, and had been
so notified by the Engineer, the value of this work or
obligation may be withheld until the work or obligation
has been performed.
The Engineer may in any Payment Certificate make any
correction or modification that should properly be made to any
previous Payment Certificate. A Payment Certificate shall not
be deemed to indicate the Engineer’s acceptance, approval,
consent or satisfaction.
14.7 Payment
The Employer shall pay to the Contractor:
(a)
the first instalment of the advance payment within 42 days
after issuing the Letter of Acceptance or within 21 days
after receiving the documents in accordance with SubClause 4.2 [Performance Security] and Sub-Clause 14.2
[Advance Payment], whichever is later;
(b) the amount certified in each Interim Payment Certificate
within 56 days after the Engineer receives the Statement
and supporting documents; or, at a time when the Bank’s
loan or credit (from which part of the payments to the
Contractor is being made) is suspended, the amount shown
on any statement submitted by the Contractor within 14
days after such statement is submitted, any discrepancy
being rectified in the next payment to the
Contractorontractor; and
(c)
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the amount certified in the Final Payment Certificate
within 56 days after the Employer receives this Payment
Certificate; or, at a time when the Bank’s loan or credit
(from which part of the payments to the Contractor is
being made) is suspended, the undisputed amount shown
in the Final Statement within 56 days after the date of
notification of the suspension in accordance with Sub-
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Clause 16.2 [Termination by Contractor].
Payment of the amount due in each currency shall be made into
the bank account, nominated by the Contractor, in the payment
country (for this currency) specified in the Contract.
14.8 Delayed Payment
If the Contractor does not receive payment in accordance with
Sub-Clause 14.7 [Payment], the Contractor shall be entitled to
receive financing charges compounded monthly on the amount
unpaid during the period of delay. This period shall be deemed
to commence on the date for payment specified in Sub-Clause
14.7 [Payment], irrespective (in the case of its sub-paragraph
(b)) of the date on which any Interim Payment Certificate is
issued.
Unless otherwise stated in the Particular Conditions, these
financing charges shall be calculated at the annual rate of three
percentage points above the discount rate of the central bank in
the country of the currency of payment, or if not available, the
interbank offered rate, and shall be paid in such currency.
The Contractor shall be entitled to this payment without formal
notice or certification, and without prejudice to any other right
or remedy.
14.9 Payment of
Retention Money
When the Taking-Over Certificate has been issued for the
Works, the first half of the Retention Money shall be certified
by the Engineer for payment to the Contractor. If a Taking-Over
Certificate is issued for a Section or part of the Works, a
proportion of the Retention Money shall be certified and paid.
This proportion shall be half (50%) of the proportion calculated
by dividing the estimated contract value of the Section or part,
by the estimated final Contract Price.
Promptly after the latest of the expiry dates of the Defects
Notification Periods, the outstanding balance of the Retention
Money shall be certified by the Engineer for payment to the
Contractor. If a Taking-Over Certificate was issued for a
Section, a proportion of the second half of the Retention Money
shall be certified and paid promptly after the expiry date of the
Defects Notification Period for the Section. This proportion
shall be half (50%) of the proportion calculated by dividing the
estimated contract value of the Section by the estimated final
Contract Price.
However, if any work remains to be executed under Clause 11
[Defects Liability], the Engineer shall be entitled to withhold
certification of the estimated cost of this work until it has been
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executed.
When calculating these proportions, no account shall be taken of
any adjustments under Sub-Clause 13.7 [Adjustments for
Changes in Legislation] and Sub-Clause 13.8 [Adjustments for
Changes in Cost].
Unless otherwise stated in the Particular Conditions, when the
Taking-Over Certificate has been issued for the Works and the
first half of the Retention Money has been certified for payment
by the Engineer, the Contractor shall be entitled to substitute a
guarantee, in the form annexed to the Particular Conditions or in
another form approved by the Employer and issued by a
reputable bank or financial institution selected by the
Contractor, for the second half of the Retention Money. The
Contractor shall ensure that the guarantee is in the amounts and
currencies of the second half of the Retention Money and is
valid and enforceable until the Contractor has executed and
completed the Works and remedied any defects, as specified for
the Performance Security in Sub-Clause 4.2. On receipt by the
Employer of the required guarantee, the Engineer shall certify
and the Employer shall pay the second half of the Retention
Money. The release of the second half of the Retention Money
against a guarantee shall then be in lieu of the release under the
second paragraph of this Sub-Clause. The Employer shall return
the guarantee to the Contractor within 21 days after receiving a
copy of the Performance Certificate.
If the Performance Security required under Sub-Clause 4.2 is in
the form of a demand guarantee, and the amount guaranteed
under it when the Taking-Over Certificate is issued is more than
half of the Retention Money, then the Retention Money
guarantee will not be required. If the amount guaranteed under
the Performance Security when the Taking-Over Certificate is
issued is less than half of the Retention Money, the Retention
Money guarantee will only be required for the difference
between half of the Retention Money and the amount
guaranteed under the Performance Security.
14.10 Statement at
Completion
Within 84 days after receiving the Taking-Over Certificate for
the Works, the Contractor shall submit to the Engineer six
copies of a Statement at completion with supporting documents,
in accordance with Sub-Clause 14.3 [Application for Interim
Payment Certificates], showing:
(a)
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the value of all work done in accordance with the Contract
up to the date stated in the Taking-Over Certificate for the
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Works,
(b) any further sums which the Contractor considers to be due,
and
(c)
an estimate of any other amounts which the Contractor
considers will become due to him under the Contract.
Estimated amounts shall be shown separately in this
Statement at completion.
The Engineer shall then certify in accordance with Sub-Clause
14.6 [Issue of Interim Payment Certificates].
14.11 Application for
Final Payment
Certificate
Within 56 days after receiving the Performance Certificate, the
Contractor shall submit, to the Engineer, six copies of a draft
final statement with supporting documents showing in detail in a
form approved by the Engineer:
(a)
the value of all work done in accordance with the Contract,
and
(b) any further sums which the Contractor considers to be due
to him under the Contract or otherwise.
If the Engineer disagrees with or cannot verify any part of the
draft final statement, the Contractor shall submit such further
information as the Engineer may reasonably require within 28
days from receipt of said draft and shall make such changes in
the draft as may be agreed between them. The Contractor shall
then prepare and submit to the Engineer the final statement as
agreed. This agreed statement is referred to in these Conditions
as the “Final Statement”.
However if, following discussions between the Engineer and the
Contractor and any changes to the draft final statement which are
agreed, it becomes evident that a dispute exists, the Engineer shall
deliver to the Employer (with a copy to the Contractor) an Interim
Payment Certificate for the agreed parts of the draft final statement.
Thereafter, if the dispute is finally resolved under Sub-Clause 20.4
[Obtaining Dispute Board’s Decision] or Sub-Clause 20.5
[Amicable Settlement], the Contractor shall then prepare and
submit to the Employer (with a copy to the Engineer) a Final
Statement.
14.12 Discharge
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When submitting the Final Statement, the Contractor shall
submit a discharge which confirms that the total of the Final
Statement represents full and final settlement of all moneys due
to the Contractor under or in connection with the Contract. This
discharge may state that it becomes effective when the
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Contractor has received the Performance Security and the
outstanding balance of this total, in which event the discharge
shall be effective on such date.
14.13 Issue of Final
Payment
Certificate
Within 28 days after receiving the Final Statement and
discharge in accordance with Sub-Clause 14.11 [Application for
Final Payment Certificate] and Sub-Clause 14.12 [Discharge],
the Engineer shall deliver, to the Employer and to the
Contractor, the Final Payment Certificate which shall state:
(a)
the amount which he fairly determines is finally due, and
(b) after giving credit to the Employer for all amounts
previously paid by the Employer and for all sums to which
the Employer is entitled, the balance (if any) due from the
Employer to the Contractor or from the Contractor to the
Employer, as the case may be.
If the Contractor has not applied for a Final Payment Certificate
in accordance with Sub-Clause 14.11 [Application for Final
Payment Certificate] and Sub-Clause 14.12 [Discharge], the
Engineer shall request the Contractor to do so. If the Contractor
fails to submit an application within a period of 28 days, the
Engineer shall issue the Final Payment Certificate for such
amount as he fairly determines to be due.
14.14 Cessation of
Employer’s
Liability
The Employer shall not be liable to the Contractor for any
matter or thing under or in connection with the Contract or
execution of the Works, except to the extent that the Contractor
shall have included an amount expressly for it:
(a)
in the Final Statement and also
(b) (except for matters or things arising after the issue of the
Taking-Over Certificate for the Works) in the Statement at
completion described in Sub-Clause 14.10 [Statement at
Completion].
However, this Sub-Clause shall not limit the Employer’s
liability under his indemnification obligations, or the
Employer’s liability in any case of fraud, deliberate default or
reckless misconduct by the Employer.
14.15 Currencies of
Payment
The Contract Price shall be paid in the currency or currencies
named in the Schedule of Payment Currencies. If more than one
currency is so named, payments shall be made as follows:
(a)
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if the Accepted Contract Amount was expressed in Local
Currency only:
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(i)
the proportions or amounts of the Local and Foreign
Currencies, and the fixed rates of exchange to be used
for calculating the payments, shall be as stated in the
Schedule of Payment Currencies, except as otherwise
agreed by both Parties;
(ii) payments and deductions under Sub-Clause 13.5
[Provisional
Sums]
and
Sub-Clause
13.7
[Adjustments for Changes in Legislation] shall be
made in the applicable currencies and proportions;
and
(iii) other payments and deductions under sub-paragraphs
(a) to (d) of Sub-Clause 14.3 [Application for Interim
Payment Certificates] shall be made in the currencies
and proportions specified in sub-paragraph (a)(i)
above;
(b) payment of the damages specified in the Contract Data,
shall be made in the currencies and proportions specified
in the Schedule of Payment Currencies;
(c)
other payments to the Employer by the Contractor shall be
made in the currency in which the sum was expended by
the Employer, or in such currency as may be agreed by
both Parties;
(d) if any amount payable by the Contractor to the Employer
in a particular currency exceeds the sum payable by the
Employer to the Contractor in that currency, the Employer
may recover the balance of this amount from the sums
otherwise payable to the Contractor in other currencies;
and
(e)
15.
if no rates of exchange are stated in the Schedule of
Payment Currencies, they shall be those prevailing on the
Base Date and determined by the central bank of the
Country.
Termination by Employer
15.1 Notice to Correct
If the Contractor fails to carry out any obligation under the
Contract, the Engineer may by notice require the Contractor to
make good the failure and to remedy it within a specified
reasonable time.
15.2 Termination by
Employer
The Employer shall be entitled to terminate the Contract if the
Contractor:
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(a)
fails to comply with Sub-Clause 4.2 [Performance
Security] or with a notice under Sub-Clause 15.1 [Notice
to Correct],
(b) abandons the Works or otherwise plainly demonstrates the
intention not to continue performance of his obligations
under the Contract,
(c)
without reasonable excuse fails:
(i)
to proceed with the Works in accordance with Clause
8 [Commencement, Delays and Suspension], or
(ii) to comply with a notice issued under Sub-Clause 7.5
[Rejection] or Sub-Clause 7.6 [Remedial Work],
within 28 days after receiving it,
(d) subcontracts the whole of the Works or assigns the
Contract without the required agreement,
(e)
becomes bankrupt or insolvent, goes into liquidation, has a
receiving or administration order made against him,
compounds with his creditors, or carries on business under
a receiver, trustee or manager for the benefit of his
creditors, or if any act is done or event occurs which
(under applicable Laws) has a similar effect to any of these
acts or events, or
(f)
gives or offers to give (directly or indirectly) to any person
any bribe, gift, gratuity, commission or other thing of
value, as an inducement or reward:
(i)
for doing or forbearing to do any action in relation to
the Contract, or
(ii) for showing or forbearing to show favour or
disfavour to any person in relation to the Contract,
or if any of the Contractor’s Personnel, agents or Subcontractors
gives or offers to give (directly or indirectly) to any person any
such inducement or reward as is described in this sub-paragraph
(f). However, lawful inducements and rewards to Contractor’s
Personnel shall not entitle termination.
In any of these events or circumstances, the Employer may,
upon giving 14 days’ notice to the Contractor, terminate the
Contract and expel the Contractor from the Site. However, in
the case of sub-paragraph (e) or (f), the Employer may by notice
terminate the Contract immediately.
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The Employer’s election to terminate the Contract shall not
prejudice any other rights of the Employer, under the Contract
or otherwise.
The Contractor shall then leave the Site and deliver any required
Goods, all Contractor’s Documents, and other design documents
made by or for him, to the Engineer. However, the Contractor
shall use his best efforts to comply immediately with any
reasonable instructions included in the notice (i) for the
assignment of any subcontract, and (ii) for the protection of life
or property or for the safety of the Works.
After termination, the Employer may complete the Works
and/or arrange for any other entities to do so. The Employer and
these entities may then use any Goods, Contractor’s Documents
and other design documents made by or on behalf of the
Contractor.
The Employer shall then give notice that the Contractor’s
Equipment and Temporary Works will be released to the
Contractor at or near the Site. The Contractor shall promptly
arrange their removal, at the risk and cost of the Contractor.
However, if by this time the Contractor has failed to make a
payment due to the Employer, these items may be sold by the
Employer in order to recover this payment. Any balance of the
proceeds shall then be paid to the Contractor.
15.3 Valuation at Date
of Termination
As soon as practicable after a notice of termination under SubClause 15.2 [Termination by Employer] has taken effect, the
Engineer shall proceed in accordance with Sub-Clause 3.5
[Determinations] to agree or determine the value of the Works,
Goods and Contractor’s Documents, and any other sums due to
the Contractor for work executed in accordance with the
Contract.
15.4 Payment after
Termination
After a notice of termination under Sub-Clause 15.2 [Termination
by Employer] has taken effect, the Employer may:
(a)
proceed in accordance with Sub-Clause 2.5 [Employer’s
Claims],
(b) withhold further payments to the Contractor until the costs
of execution, completion and remedying of any defects,
damages for delay in completion (if any), and all other
costs incurred by the Employer, have been established,
and/or
(c)
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recover from the Contractor any losses and damages
incurred by the Employer and any extra costs of
completing the Works, after allowing for any sum due to
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the Contractor under Sub-Clause 15.3 [Valuation at Date
of Termination]. After recovering any such losses,
damages and extra costs, the Employer shall pay any
balance to the Contractor.
15.5 Employer’s
Entitlement to
Termination for
Convenience
The Employer shall be entitled to terminate the Contract, at any
time for the Employer’s convenience, by giving notice of such
termination to the Contractor. The termination shall take effect
28 days after the later of the dates on which the Contractor
receives this notice or the Employer returns the Performance
Security. The Employer shall not terminate the Contract under
this Sub-Clause in order to execute the Works himself or to
arrange for the Works to be executed by another contractor or to
avoid a termination of the Contract by the Contractor under
Clause 16.2 [Termination by Contractor].
After this termination, the Contractor shall proceed in
accordance with Sub-Clause 16.3 [Cessation of Work and
Removal of Contractor’s Equipment] and shall be paid in
accordance with Sub-Clause 16.4 [Payment on Termination].
15.6 Corrupt or
Fraudulent
Practices
If the Employer determines, based on reasonable evidence, that
the Contractor has engaged in corrupt, fraudulent, collusive or
coercive practices, in competing for or in executing the
Contract, then the Employer may, after giving 14 days notice to
the Contractor, terminate the Contract and expel him from the
Site, and the provisions of Clause 15 shall apply as if such
termination had been made under Sub-Clause 15.2 [Termination
by Employer].
Should any employee of the Contractor be determined, based on
reasonable evidence, to have engaged in corrupt, fraudulent or
coercive practice during the execution of the work then that
employee shall be removed in accordance with Sub-Clause 6.9
[Contractor’s Personnel].
For the purposes of this Sub-Clause:
21
(i)
“corrupt practice” is the offering, giving,
receiving or soliciting, directly or indirectly, of
anything of value to influence improperly the
actions of another party;21
(ii)
“fraudulent practice” is any act or omission,
including a misrepresentation, that knowingly or
“Another party” refers to a public official acting in relation to the procurement process or contract
execution]. In this context, “public official” includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
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recklessly misleads, or attempts to mislead, a
party to obtain a financial or other benefit or to
avoid an obligation;22
(iii) “collusive practice” is an arrangement between
two or more parties designed to achieve an
improper purpose, including to influence
improperly the actions of another party;23
(iv) “coercive practice” is impairing or harming, or
threatening to impair or harm, directly or
indirectly, any party or the property of the party
to influence improperly the actions of a party;24
(v) “obstructive practice”is
(aa)
deliberately destroying, falsifying, altering
or concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede
a Bank investigation into allegations of a
corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or
intimidating any party to prevent it from
disclosing its knowledge of matters
relevant to the investigation or from
pursuing the investigation, or
(bb) acts intended to materially impede the
exercise of the Bank’s inspection and audit
rights provided for under Sub-Clause 1.15
[Inspections and Audits by the Bank].
16.
16.1 Contractor’s
Entitlement to
Suspend Work
22
23
24
Suspension and Termination by Contractor
If the Engineer fails to certify in accordance with Sub-Clause 14.6
[Issue of Interim Payment Certificates] or the Employer fails to
comply with Sub-Clause 2.4 [Employer’s Financial Arrangements]
or Sub-Clause 14.7 [Payment], the Contractor may, after giving not
less than 21 days’ notice to the Employer, suspend work (or reduce
the rate of work) unless and until the Contractor has received the
Payment Certificate, reasonable evidence or payment, as the case
“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process
or contract execution; and the “act or omission” is intended to influence the procurement process or
contract execution.
“Parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
“Party” refers to a participant in the procurement process or contract execution.
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may be and as described in the notice.
Notwithstanding the above, if the Bank has suspended
disbursements under the loan or credit from which payments to
the Contractor are being made, in whole or in part, for the
execution of the Works, and no alternative funds are available as
provided for in Sub-Clause 2.4 [Employer’s Financial
Arrangements], the Contractor may by notice suspend work or
reduce the rate of work at any time, but not less than 7 days after
the Borrower having received the suspension notification from
the Bank.
The Contractor’s action shall not prejudice his entitlements to
financing charges under Sub-Clause 14.8 [Delayed Payment]
and to termination under Sub-Clause 16.2 [Termination by
Contractor].
If the Contractor subsequently receives such Payment
Certificate, evidence or payment (as described in the relevant
Sub-Clause and in the above notice) before giving a notice of
termination, the Contractor shall resume normal working as
soon as is reasonably practicable.
suspending work (or reducing the rate of work) in accordance
with this Sub-Clause, the Contractor shall give notice to the
Engineer and shall be entitled subject to Sub-Clause 20.1
[Contractor’s Claims] to:
(a)
(b)
16.2 Termination by
Contractor
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The Contractor shall be entitled to terminate the Contract if:
(a)
the Contractor does not receive the reasonable evidence
within 42 days after giving notice under Sub-Clause 16.1
[Contractor’s Entitlement to Suspend Work] in respect of
a failure to comply with Sub-Clause 2.4 [Employer’s
Financial Arrangements],
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(b)
the Engineer fails, within 56 days after receiving a
Statement and supporting documents, to issue the relevant
Payment Certificate,
(c)
the Contractor does not receive the amount due under an
Interim Payment Certificate within 42 days after the
expiry of the time stated in Sub-Clause 14.7 [Payment]
within which payment is to be made (except for
deductions in accordance with Sub-Clause 2.5
[Employer’s Claims]),
(d)
the Employer substantially fails to perform his obligations
under the Contract in such manner as to materially and
adversely affect the economic balance of the Contract
and/or the ability of the Contractor to perform the
Contract,
(e)
the Employer fails to comply with Sub-Clause 1.6
[Contract Agreement] or Sub-Clause 1.7 [Assignment],
(f)
a prolonged suspension affects the whole of the Works as
described in Sub-Clause 8.11 [Prolonged Suspension], or
(g)
the Employer becomes bankrupt or insolvent, goes into
liquidation, has a receiving or administration order made
against him, compounds with his creditors, or carries on
business under a receiver, trustee or manager for the
benefit of his creditors, or if any act is done or event
occurs which (under applicable Laws) has a similar effect
to any of these acts or events.
(h)
the Contractor does not receive the Engineer’s instruction
recording the agreement of both Parties on the fulfilment
of the conditions for the Commencement of Works under
Sub-Clause 8.1 [Commencement of Works.
In any of these events or circumstances, the Contractor may,
upon giving 14 days’ notice to the Employer, terminate the
Contract. However, in the case of sub-paragraph (f) or (g), the
Contractor may by notice terminate the Contract immediately.
In the event the Bank suspends the loan or credit from which
part or whole of the payments to the Contractor are being made,
if the Contractor has not received the sums due to him upon
expiration of the 14 days referred to in Sub-Clause 14.7
[Payment] for payments under Interim Payment Certificates, the
Contractor may, without prejudice to the Contractor's
entitlement to financing charges under Sub-Clause 14.8
[Delayed Payment], take one of the following actions, namely
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(i) suspend work or reduce the rate of work under Sub-Clause
16.1 above, or (ii) terminate the Contract by giving notice to the
Employer, with a copy to the Engineer, such termination to take
effect 14 days after the giving of the notice.
The Contractor’s election to terminate the Contract shall not
prejudice any other rights of the Contractor, under the Contract
or otherwise.
16.3 Cessation of
Work and
Removal of
Contractor’s
Equipment
16.4 Payment on
Termination
After a notice of termination under Sub-Clause 15.5
[Employer’s Entitlement to Termination for Convenience], SubClause 16.2 [Termination by Contractor] or Sub-Clause 19.6
[Optional Termination, Payment and Release] has taken effect,
the Contractor shall promptly:
(a)
cease all further work, except for such work as may have
been instructed by the Engineer for the protection of life
or property or for the safety of the Works,
(b)
hand over Contractor’s Documents, Plant, Materials and
other work, for which the Contractor has received
payment, and
(c)
remove all other Goods from the Site, except as necessary
for safety, and leave the Site.
After a notice of termination under Sub-Clause 16.2
[Termination by Contractor] has taken effect, the Employer
shall promptly:
(a)
return the Performance Security to the Contractor,
(b)
pay the Contractor in accordance with Sub-Clause 19.6
[Optional Termination, Payment and Release], and
(c)
pay to the Contractor the amount of any loss or damage
sustained by the Contractor as a result of this termination.
17.
17.1 Indemnities
The Contractor shall indemnify and hold harmless the
Employer, the Employer’s Personnel, and their respective
agents, against and from all claims, damages, losses and
expenses (including legal fees and expenses) in respect of:
(a)
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Risk and Responsibility
bodily injury, sickness, disease or death, of any person
whatsoever arising out of or in the course of or by reason
of the Contractor’s design (if any), the execution and
completion of the Works and the remedying of any
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defects, unless attributable to any negligence, wilful act or
breach of the Contract by the Employer, the Employer’s
Personnel, or any of their respective agents, and
(b)
damage to or loss of any property, real or personal (other
than the Works), to the extent that such damage or loss
arises out of or in the course of or by reason of the
Contractor’s design (if any), the execution and completion
of the Works and the remedying of any defects, unless and
to the extent that any such damage or loss is attributable to
any negligence, wilful act or breach of the Contract by the
Employer, the Employer’s Personnel, their respective
agents, or anyone directly or indirectly employed by any
of them.
The Employer shall indemnify and hold harmless the
Contractor, the Contractor’s Personnel, and their respective
agents, against and from all claims, damages, losses and
expenses (including legal fees and expenses) in respect of (1)
bodily injury, sickness, disease or death, which is attributable to
any negligence, wilful act or breach of the Contract by the
Employer, the Employer’s Personnel, or any of their respective
agents, and (2) the matters for which liability may be excluded
from insurance cover, as described in sub-paragraphs (d)(i), (ii)
and (iii) of Sub-Clause 18.3 [Insurance Against Injury to
Persons and Damage to Property].
17.2 Contractor’s
Care of the
Works
The Contractor shall take full responsibility for the care of the
Works and Goods from the Commencement Date until the
Taking-Over Certificate is issued (or is deemed to be issued
under Sub-Clause 10.1 [Taking Over of the Works and
Sections]) for the Works, when responsibility for the care of the
Works shall pass to the Employer. If a Taking-Over Certificate
is issued (or is so deemed to be issued) for any Section or part of
the Works, responsibility for the care of the Section or part shall
then pass to the Employer.
After responsibility has accordingly passed to the Employer, the
Contractor shall take responsibility for the care of any work
which is outstanding on the date stated in a Taking-Over
Certificate, until this outstanding work has been completed.
If any loss or damage happens to the Works, Goods or Contractor’s
Documents during the period when the Contractor is responsible
for their care, from any cause not listed in Sub-Clause 17.3
[Employer’s Risks], the Contractor shall rectify the loss or damage
at the Contractor’s risk and cost, so that the Works, Goods and
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Contractor’s Documents conform with the Contract.
The Contractor shall be liable for any loss or damage caused by
any actions performed by the Contractor after a Taking-Over
Certificate has been issued. The Contractor shall also be liable
for any loss or damage which occurs after a Taking-Over
Certificate has been issued and which arose from a previous
event for which the Contractor was liable.
17.3 Employer’s Risks
17.4 Consequences of
Employer’s Risks
The risks referred to in Sub-Clause 17.4 [Consequences of
Employer’s Risks] below, insofar as they directly affect the
execution of the Works in the Country, are:
(a)
war, hostilities (whether war be declared or not), invasion,
act of foreign enemies,
(b)
rebellion, terrorism, sabotage by persons other than the
Contractor’s Personnel, revolution, insurrection, military
or usurped power, or civil war, within the Country,
(c)
riot, commotion or disorder within the Country by persons
other than the Contractor’s Personnel,
(d)
munitions of war, explosive materials, ionising radiation
or contamination by radio-activity, within the Country,
except as may be attributable to the Contractor’s use of
such munitions, explosives, radiation or radio-activity,
(e)
pressure waves caused by aircraft or other aerial devices
travelling at sonic or supersonic speeds,
(f)
use or occupation by the Employer of any part of the
Permanent Works, except as may be specified in the
Contract,
(g)
design of any part of the Works by the Employer’s
Personnel or by others for whom the Employer is
responsible, and
(h)
any operation of the forces of nature which is
Unforeseeable or against which an experienced contractor
could not reasonably have been expected to have taken
adequate preventive precautions.
If and to the extent that any of the risks listed in Sub-Clause
17.3 above results in loss or damage to the Works, Goods or
Contractor’s Documents, the Contractor shall promptly give
notice to the Engineer and shall rectify this loss or damage to
the extent required by the Engineer.
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rectifying this loss or damage, the Contractor shall give a further
notice to the Engineer and shall be entitled subject to SubClause 20.1 [Contractor’s Claims] to:
(a)
(b)
payment of any such Cost, which shall be included in the
Contract Price. In the case of sub-paragraphs (f) and (g) of
Sub-Clause 17.3 [Employer's Risks], Cost plus profit shall
be payable.
After receiving this further notice, the Engineer shall proceed in
17.5 Intellectual and
Industrial
Property Rights
In this Sub-Clause, “infringement” means an infringement (or
alleged infringement) of any patent, registered design,
copyright, trade mark, trade name, trade secret or other
intellectual or industrial property right relating to the Works;
and “claim” means a claim (or proceedings pursuing a claim)
alleging an infringement.
Whenever a Party does not give notice to the other Party of any
claim within 28 days of receiving the claim, the first Party shall
be deemed to have waived any right to indemnity under this
Sub-Clause.
The Employer shall indemnify and hold the Contractor harmless
against and from any claim alleging an infringement which is or
was:
(a)
an unavoidable result of the Contractor’s compliance with
the Contract, or
(b)
a result of any Works being used by the Employer:
(i)
for a purpose other than that indicated by, or
reasonably to be inferred from, the Contract, or
(ii) in conjunction with any thing not supplied by the
Contractor, unless such use was disclosed to the
Contractor prior to the Base Date or is stated in the
Contract.
The Contractor shall indemnify and hold the Employer harmless
against and from any other claim which arises out of or in
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relation to (i) the manufacture, use, sale or import of any Goods,
or (ii) any design for which the Contractor is responsible.
If a Party is entitled to be indemnified under this Sub-Clause, the
indemnifying Party may (at its cost) conduct negotiations for the
settlement of the claim, and any litigation or arbitration which may
arise from it. The other Party shall, at the request and cost of the
indemnifying Party, assist in contesting the claim. This other Party
(and its Personnel) shall not make any admission which might be
prejudicial to the indemnifying Party, unless the indemnifying
Party failed to take over the conduct of any negotiations, litigation
or arbitration upon being requested to do so by such other Party.
17.6 Limitation of
Liability
Neither Party shall be liable to the other Party for loss of use of
any Works, loss of profit, loss of any contract or for any indirect
or consequential loss or damage which may be suffered by the
other Party in connection with the Contract, other than as
specifically provided in Sub-Clause 8.7 [Delay Damages]; SubClause 11.2 [Cost of Remedying Defects]; Sub-Clause 15.4
[Payment after Termination]; Sub-Clause 16.4 [Payment on
Termination]; Sub-Clause 17.1 [Indemnities]; Sub-Clause
17.4(b) [Consequences of Employer’s Risks] and Sub-Clause
17.5 [Intellectual and Industrial Property Rights].
The total liability of the Contractor to the Employer, under or in
connection with the Contract other than under Sub-Clause 4.19
[Electricity, Water and Gas], Sub-Clause 4.20 [Employer’s
Equipment and Free-Issue Materials], Sub-Clause 17.1
[Indemnities] and Sub-Clause 17.5 [Intellectual and Industrial
Property Rights], shall not exceed the sum resulting from the
application of a multiplier (less or greater than one) to the
Accepted Contract Amount, as stated in the Contract Data, or (if
such multiplier or other sum is not so stated) the Accepted
Contract Amount.
This Sub-Clause shall not limit liability in any case of fraud,
deliberate default or reckless misconduct by the defaulting
Party.
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17.7 Use of
Employer’s
Accomodation/Facilities
The Contractor shall take full responsibility for the care of the
Employer provided accommodation and facilities, if any, as
detailed in the Specification, from the respective dates of handover to the Contractor until cessation of occupation (where
hand-over or cessation of occupation may take place after the
date stated in the Taking-Over Certificate for the Works).
If any loss or damage happens to any of the above items while
the Contractor is responsible for their care arising from any
cause whatsoever other than those for which the Employer is
liable, the Contractor shall, at his own cost, rectify the loss or
damage to the satisfaction of the Engineer.
18.
18.1 General
Requirements for
Insurances
Insurance
In this Clause, “insuring Party” means, for each type of insurance,
the Party responsible for effecting and maintaining the insurance
specified in the relevant Sub-Clause.
Wherever the Contractor is the insuring Party, each insurance
shall be effected with insurers and in terms approved by the
Employer. These terms shall be consistent with any terms
agreed by both Parties before the date of the Letter of
Acceptance. This agreement of terms shall take precedence over
the provisions of this Clause.
Wherever the Employer is the insuring Party, each insurance
shall be effected with insurers and in terms acceptable to the
Contractor. These terms shall be consistent with any terms
agreed by both Parties before the date of the Letter of
Acceptance. This agreement of terms shall take precedence over
the provisions of this Clause.
If a policy is required to indemnify joint insured, the cover shall
apply separately to each insured as though a separate policy had
been issued for each of the joint insured. If a policy indemnifies
additional joint insured, namely in addition to the insured
specified in this Clause, (i) the Contractor shall act under the
policy on behalf of these additional joint insured except that the
Employer shall act for Employer’s Personnel, (ii) additional
joint insured shall not be entitled to receive payments directly
from the insurer or to have any other direct dealings with the
insurer, and (iii) the insuring Party shall require all additional
joint insured to comply with the conditions stipulated in the
policy.
Each policy insuring against loss or damage shall provide for
payments to be made in the currencies required to rectify the
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loss or damage. Payments received from insurers shall be used
for the rectification of the loss or damage.
The relevant insuring Party shall, within the respective periods
stated in the Contract Data (calculated from the Commencement
Date), submit to the other Party:
(a)
evidence that the insurances described in this Clause have
been effected, and
(b)
copies of the policies for the insurances described in SubClause 18.2 [Insurance for Works and Contractor’s
Equipment] and Sub-Clause 18.3 [Insurance against Injury
to Persons and Damage to Property].
When each premium is paid, the insuring Party shall submit
evidence of payment to the other Party. Whenever evidence or
policies are submitted, the insuring Party shall also give notice
to the Engineer.
Each Party shall comply with the conditions stipulated in each
of the insurance policies. The insuring Party shall keep the
insurers informed of any relevant changes to the execution of
the Works and ensure that insurance is maintained in accordance
with this Clause.
Neither Party shall make any material alteration to the terms of
any insurance without the prior approval of the other Party. If an
insurer makes (or attempts to make) any alteration, the Party
first notified by the insurer shall promptly give notice to the
other Party.
If the insuring Party fails to effect and keep in force any of the
insurances it is required to effect and maintain under the
Contract, or fails to provide satisfactory evidence and copies of
policies in accordance with this Sub-Clause, the other Party may
(at its option and without prejudice to any other right or remedy)
effect insurance for the relevant coverage and pay the premiums
due. The insuring Party shall pay the amount of these premiums
to the other Party, and the Contract Price shall be adjusted
accordingly.
Nothing in this Clause limits the obligations, liabilities or
responsibilities of the Contractor or the Employer, under the
other terms of the Contract or otherwise. Any amounts not
insured or not recovered from the insurers shall be borne by the
Contractor and/or the Employer in accordance with these
obligations, liabilities or responsibilities. However, if the
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insuring Party fails to effect and keep in force an insurance
which is available and which it is required to effect and maintain
under the Contract, and the other Party neither approves the
omission nor effects insurance for the coverage relevant to this
default, any moneys which should have been recoverable under
this insurance shall be paid by the insuring Party.
Payments by one Party to the other Party shall be subject to
Sub-Clause 2.5 [Employer’s Claims] or Sub-Clause 20.1
[Contractor’s Claims], as applicable.
The Contractor shall be entitled to place all insurance relating to
the Contract (including, but not limited to the insurance referred
to Clause 18) with insurers from any eligible source country.
18.2 Insurance for
Works and
Contractor’s
Equipment
The insuring Party shall insure the Works, Plant, Materials and
Contractor’s Documents for not less than the full reinstatement
cost including the costs of demolition, removal of debris and
professional fees and profit. This insurance shall be effective
from the date by which the evidence is to be submitted under
sub-paragraph (a) of Sub-Clause 18.1 [General Requirements
for Insurances], until the date of issue of the Taking-Over
Certificate for the Works.
The insuring Party shall maintain this insurance to provide cover
until the date of issue of the Performance Certificate, for loss or
damage for which the Contractor is liable arising from a cause
occurring prior to the issue of the Taking-Over Certificate, and
for loss or damage caused by the Contractor in the course of any
other operations (including those under Clause 11 [Defects
Liability]).
The insuring Party shall insure the Contractor’s Equipment for
not less than the full replacement value, including delivery to
Site. For each item of Contractor’s Equipment, the insurance
shall be effective while it is being transported to the Site and
until it is no longer required as Contractor’s Equipment.
Unless otherwise stated in the Particular Conditions, insurances
under this Sub-Clause:
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(a)
shall be effected and maintained by the Contractor as
insuring Party,
(b)
shall be in the joint names of the Parties, who shall be
jointly entitled to receive payments from the insurers,
payments being held or allocated to the Party actually
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bearing the costs of rectifying the loss or damage,
(c)
shall cover all loss and damage from any cause not listed
in Sub-Clause 17.3 [Employer’s Risks],
(d)
shall also cover, to the extent specifically required in the
bidding documents of the Contract, loss or damage to a
part of the Works which is attributable to the use or
occupation by the Employer of another part of the Works,
and loss or damage from the risks listed in sub-paragraphs
(c), (g) and (h) of Sub-Clause 17.3 [Employer’s Risks],
excluding (in each case) risks which are not insurable at
commercially reasonable terms, with deductibles per
occurrence of not more than the amount stated in the
Contract Data (if an amount is not so stated, this subparagraph (d) shall not apply), and
(e)
may however exclude
reinstatement of:
(i)
loss of,
damage
to, and
a part of the Works which is in a defective condition
due to a defect in its design, materials or
workmanship (but cover shall include any other parts
which are lost or damaged as a direct result of this
defective condition and not as described in subparagraph (ii) below),
(ii) a part of the Works which is lost or damaged in order
to reinstate any other part of the Works if this other
part is in a defective condition due to a defect in its
design, materials or workmanship,
(iii) a part of the Works which has been taken over by the
Employer, except to the extent that the Contractor is
liable for the loss or damage, and
(iv) Goods while they are not in the Country, subject to
Sub-Clause 14.5 [Plant and Materials intended for the
Works].
If, more than one year after the Base Date, the cover described
in sub-paragraph (d) above ceases to be available at
commercially reasonable terms, the Contractor shall (as insuring
Party) give notice to the Employer, with supporting particulars.
The Employer shall then (i) be entitled subject to Sub-Clause
2.5 [Employer’s Claims] to payment of an amount equivalent to
such commercially reasonable terms as the Contractor should
have expected to have paid for such cover, and (ii) be deemed,
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unless he obtains the cover at commercially reasonable terms, to
have approved the omission under Sub-Clause 18.1 [General
Requirements for Insurances].
18.3 Insurance against
Injury to Persons
and Damage to
Property
The insuring Party shall insure against each Party’s liability for
any loss, damage, death or bodily injury which may occur to any
physical property (except things insured under Sub-Clause 18.2
[Insurance for Works and Contractor’s Equipment]) or to any
person (except persons insured under Sub-Clause 18.4
[Insurance for Contractor’s Personnel]), which may arise out of
the Contractor’s performance of the Contract and occurring
before the issue of the Performance Certificate.
This insurance shall be for a limit per occurrence of not less
than the amount stated in the Contract Data, with no limit on the
number of occurrences. If an amount is not stated in the
Contract Data, this Sub-Clause shall not apply.
Unless otherwise stated in the Particular Conditions, the
insurances specified in this Sub-Clause:
(a)
shall be effected and maintained by the Contractor as
insuring Party,
(b)
shall be in the joint names of the Parties,
(c)
shall be extended to cover liability for all loss and damage
to the Employer’s property (except things insured under
Sub-Clause 18.2) arising out of the Contractor’s
performance of the Contract, and
(d)
may however exclude liability to the extent that it arises
from:
(i)
the Employer’s right to have the Permanent Works
executed on, over, under, in or through any land, and
to occupy this land for the Permanent Works,
(ii) damage which is an unavoidable result of the
Contractor’s obligations to execute the Works and
remedy any defects, and
(iii) a cause listed in Sub-Clause 17.3 [Employer’s Risks],
except to the extent that cover is available at
commercially reasonable terms.
18.4 Insurance for
Contractor’s
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The Contractor shall effect and maintain insurance against
liability for claims, damages, losses and expenses (including
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legal fees and expenses) arising from injury, sickness, disease or
death of any person employed by the Contractor or any other of
the Contractor’s Personnel.
The insurance shall cover the Employer and the Engineer
against liability for claims, damages, losses and expenses
(including legal fees and expenses) arising from injury,
sickness, disease or death of any person employed by the
Contractor or any other of the Contractor’s Personnel, except
that this insurance may exclude losses and claims to the extent
that they arise from any act or neglect of the Employer or of the
Employer’s Personnel.
The insurance shall be maintained in full force and effect during
the whole time that these personnel are assisting in the
execution of the Works. For a Subcontractor’s employees, the
insurance may be effected by the Subcontractor, but the
Contractor shall be responsible for compliance with this Clause.
19.
19.1 Definition of
Force Majeure
Force Majeure
In this Clause, “Force Majeure” means an exceptional event or
circumstance:
(a)
which is beyond a Party’s control,
(b)
which such Party could not reasonably have provided
against before entering into the Contract,
(c)
which, having arisen, such Party could not reasonably
have avoided or overcome, and
(d)
which is not substantially attributable to the other Party.
Force Majeure may include, but is not limited to, exceptional
events or circumstances of the kind listed below, so long as
conditions (a) to (d) above are satisfied:
(i)
war, hostilities (whether war be declared or not),
invasion, act of foreign enemies,
(ii) rebellion, terrorism, sabotage by persons other than
the Contractor’s Personnel, revolution, insurrection,
military or usurped power, or civil war,
(iii) riot, commotion, disorder, strike or lockout by
persons other than the Contractor’s Personnel,
(iv) munitions of war, explosive materials, ionising
radiation or contamination by radio-activity, except
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as may be attributable to the Contractor’s use of such
munitions, explosives, radiation or radio-activity, and
(v)
19.2
Notice of Force
Majeure
natural catastrophes such as earthquake, hurricane,
typhoon or volcanic activity.
If a Party is or will be prevented from performing its substantial
obligations under the Contract by Force Majeure, then it shall
give notice to the other Party of the event or circumstances
constituting the Force Majeure and shall specify the obligations,
the performance of which is or will be prevented. The notice
shall be given within 14 days after the Party became aware, or
should have become aware, of the relevant event or
circumstance constituting Force Majeure.
The Party shall, having given notice, be excused performance of
its obligations for so long as such Force Majeure prevents it
from performing them.
Notwithstanding any other provision of this Clause, Force
Majeure shall not apply to obligations of either Party to make
payments to the other Party under the Contract.
19.3 Duty to Minimise
Delay
Each Party shall at all times use all reasonable endeavours to
minimise any delay in the performance of the Contract as a
result of Force Majeure.
A Party shall give notice to the other Party when it ceases to be
affected by the Force Majeure.
19.4 Consequences of
Force Majeure
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If the Contractor is prevented from performing his substantial
obligations under the Contract by Force Majeure of which
notice has been given under Sub-Clause 19.2 [Notice of Force
Majeure], and suffers delay and/or incurs Cost by reason of such
Force Majeure, the Contractor shall be entitled subject to SubClause 20.1 [Contractor’s Claims] to:
(a)
(b)
if the event or circumstance is of the kind described in
sub-paragraphs (i) to (iv) of Sub-Clause 19.1 [Definition
of Force Majeure] and, in sub-paragraphs (ii) to (iv),
occurs in the Country, payment of any such Cost,
including the costs of rectifying or replacing the Works
and/or Goods damaged or destroyed by Force Majeure, to
the extent they are not indemnified through the insurance
policy referred to in Sub-Clause 18.2 [Insurance for
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Works and Contractor’s Equipment].
19.5 Force Majeure
Affecting
Subcontractor
If any Subcontractor is entitled under any contract or agreement
relating to the Works to relief from force majeure on terms
additional to or broader than those specified in this Clause, such
additional or broader force majeure events or circumstances
shall not excuse the Contractor’s non-performance or entitle him
to relief under this Clause.
19.6 Optional
Termination,
Payment and
Release
If the execution of substantially all the Works in progress is
prevented for a continuous period of 84 days by reason of Force
Majeure of which notice has been given under Sub-Clause 19.2
[Notice of Force Majeure], or for multiple periods which total
more than 140 days due to the same notified Force Majeure,
then either Party may give to the other Party a notice of
termination of the Contract. In this event, the termination shall
take effect 7 days after the notice is given, and the Contractor
shall proceed in accordance with Sub-Clause 16.3 [Cessation of
Work and Removal of Contractor’s Equipment].
Upon such termination, the Engineer shall determine the value
of the work done and issue a Payment Certificate which shall
include:
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(a)
the amounts payable for any work carried out for which a
price is stated in the Contract;
(b)
the Cost of Plant and Materials ordered for the Works
which have been delivered to the Contractor, or of which
the Contractor is liable to accept delivery: this Plant and
Materials shall become the property of (and be at the risk
of) the Employer when paid for by the Employer, and the
Contractor shall place the same at the Employer’s
disposal;
(c)
other Cost or liabilities which in the circumstances were
reasonably and necessarily incurred by the Contractor in
the expectation of completing the Works;
(d)
the Cost of removal of Temporary Works and Contractor’s
Equipment from the Site and the return of these items to
the Contractor’s works in his country (or to any other
destination at no greater cost); and
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(e)
Notwithstanding any other provision of this Clause, if any event or
circumstance outside the control of the Parties (including, but not
limited to, Force Majeure) arises which makes it impossible or
unlawful for either or both Parties to fulfil its or their contractual
obligations or which, under the law governing the Contract, entitles
the Parties to be released from further performance of the Contract,
then upon notice by either Party to the other Party of such event or
circumstance:
19.7 Release from
Performance
20.
20.1 Contractor’s
Claims
the Cost of repatriation of the Contractor’s staff and
labour employed wholly in connection with the Works at
the date of termination.
(a)
the Parties shall be discharged from further performance,
without prejudice to the rights of either Party in respect of
any previous breach of the Contract, and
(b)
the sum payable by the Employer to the Contractor shall
be the same as would have been payable under SubClause 19.6 [Optional Termination, Payment and Release]
if the Contract had been terminated under Sub-Clause
19.6.
Claims, Disputes and Arbitration
If the Contractor considers himself to be entitled to any
extension of the Time for Completion and/or any additional
payment, under any Clause of these Conditions or otherwise in
connection with the Contract, the Contractor shall give notice to
the Engineer, describing the event or circumstance giving rise to
the claim. The notice shall be given as soon as practicable, and
not later than 28 days after the Contractor became aware, or
should have become aware, of the event or circumstance.
If the Contractor fails to give notice of a claim within such
period of 28 days, the Time for Completion shall not be
extended, the Contractor shall not be entitled to additional
payment, and the Employer shall be discharged from all liability
in connection with the claim. Otherwise, the following
provisions of this Sub-Clause shall apply.
The Contractor shall also submit any other notices which are
required by the Contract, and supporting particulars for the
claim, all as relevant to such event or circumstance.
The Contractor shall keep such contemporary records as may be
necessary to substantiate any claim, either on the Site or at
another location acceptable to the Engineer. Without admitting
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the Employer’s liability, the Engineer may, after receiving any
notice under this Sub-Clause, monitor the record-keeping and/or
instruct the Contractor to keep further contemporary records.
The Contractor shall permit the Engineer to inspect all these
records, and shall (if instructed) submit copies to the Engineer.
Within 42 days after the Contractor became aware (or should
have become aware) of the event or circumstance giving rise to
the claim, or within such other period as may be proposed by the
Contractor and approved by the Engineer, the Contractor shall
send to the Engineer a fully detailed claim which includes full
supporting particulars of the basis of the claim and of the
extension of time and/or additional payment claimed. If the
event or circumstance giving rise to the claim has a continuing
effect:
(a)
this fully detailed claim shall be considered as interim;
(b)
the Contractor shall send further interim claims at monthly
intervals, giving the accumulated delay and/or amount
claimed, and such further particulars as the Engineer may
reasonably require; and
(c)
the Contractor shall send a final claim within 28 days after
the end of the effects resulting from the event or
circumstance, or within such other period as may be
proposed by the Contractor and approved by the Engineer.
Within 42 days after receiving a claim or any further particulars
supporting a previous claim, or within such other period as may
be proposed by the Engineer and approved by the Contractor,
the Engineer shall respond with approval, or with disapproval
and detailed comments. He may also request any necessary
further particulars, but shall nevertheless give his response on
the principles of the claim within the above defined time period.
Within the above defined period of 42 days, the Engineer shall
agree or determine (i) the extension (if any) of the Time for
Completion (before or after its expiry) in accordance with SubClause 8.4 [Extension of Time for Completion], and/or (ii) the
additional payment (if any) to which the Contractor is entitled
under the Contract.
Each Payment Certificate shall include such additional payment
for any claim as has been reasonably substantiated as due under
the relevant provision of the Contract. Unless and until the
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particulars supplied are sufficient to substantiate the whole of
the claim, the Contractor shall only be entitled to payment for
such part of the claim as he has been able to substantiate.
If the Engineer does not respond within the timeframe defined
in this Clause, either Party may consider that the claim is
rejected by the Engineer and any of the Parties may refer to the
Dispute Board in accordance with Sub-Clause 20.4 [Obtaining
Dispute Board’s Decision].
The requirements of this Sub-Clause are in addition to those of
any other Sub-Clause which may apply to a claim. If the
Contractor fails to comply with this or another Sub-Clause in
relation to any claim, any extension of time and/or additional
payment shall take account of the extent (if any) to which the
failure has prevented or prejudiced proper investigation of the
claim, unless the claim is excluded under the second paragraph
of this Sub-Clause.
20.2 Appointment of
the Dispute
Board
Disputes shall be referred to a DB for decision in accordance
with Sub-Clause 20.4 [Obtaining Dispute Board’s Decision].
The Parties shall appoint a DB by the date stated in the Contract
Data.
The DB shall comprise, as stated in the Contract Data, either
one or three suitably qualified persons (“the members”), each of
whom shall be fluent in the language for communication defined
in the Contract and shall be a professional experienced in the
type of construction involved in the Works and with the
interpretation of contractual documents. If the number is not so
stated and the Parties do not agree otherwise, the DB shall
comprise three persons.
If the Parties have not jointly appointed the DB 21 days before
the date stated in the Contract Data and the DB is to comprise
three persons, each Party shall nominate one member for the
approval of the other Party. The first two members shall
recommend and the Parties shall agree upon the third member,
who shall act as chairman.
However, if a list of potential members has been agreed by the
Parties and is included in the Contract, the members shall be
selected from those on the list, other than anyone who is unable
or unwilling to accept appointment to the DB.
The agreement between the Parties and either the sole member
or each of the three members shall incorporate by reference the
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General Conditions of Dispute Board Agreement contained in
the Appendix to these General Conditions, with such
amendments as are agreed between them.
The terms of the remuneration of either the sole member or each
of the three members, including the remuneration of any expert
whom the DB consults, shall be mutually agreed upon by the
Parties when agreeing the terms of appointment. Each Party
shall be responsible for paying one-half of this remuneration.
If at any time the Parties so agree, they may jointly refer a
matter to the DB for it to give its opinion. Neither Party shall
consult the DB on any matter without the agreement of the other
Party.
If a member declines to act or is unable to act as a result of
death, disability, resignation or termination of appointment, a
replacement shall be appointed in the same manner as the
replaced person was required to have been nominated or agreed
upon, as described in this Sub-Clause.
The appointment of any member may be terminated by mutual
agreement of both Parties, but not by the Employer or the
Contractor acting alone. Unless otherwise agreed by both
Parties, the appointment of the DB (including each member)
shall expire when the discharge referred to in Sub-Clause 14.12
[Discharge] shall have become effective.
20.3 Failure to Agree
on the
Composition of
the Dispute
Board
If any of the following conditions apply, namely:
(a)
the Parties fail to agree upon the appointment of the sole
member of the DB by the date stated in the first paragraph
of Sub-Clause 20.2, [Appointment of the Dispute Board],
(b)
either Party fails to nominate a member (for approval by
the other Party), or fails to approve a member nominated
by the other Party, of a DB of three persons by such date,
(c)
the Parties fail to agree upon the appointment of the third
member (to act as chairman) of the DB by such date, or
(d)
the Parties fail to agree upon the appointment of a
replacement person within 42 days after the date on which
the sole member or one of the three members declines to
act or is unable to act as a result of death, disability,
resignation or termination of appointment,
then the appointing entity or official named in the Contract Data
shall, upon the request of either or both of the Parties and after
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due consultation with both Parties, appoint this member of the
DB. This appointment shall be final and conclusive. Each Party
shall be responsible for paying one-half of the remuneration of
the appointing entity or official.
20.4 Obtaining
Dispute Board’s
Decision
If a dispute (of any kind whatsoever) arises between the Parties
in connection with, or arising out of, the Contract or the
execution of the Works, including any dispute as to any
certificate, determination, instruction, opinion or valuation of
the Engineer, either Party may refer the dispute in writing to the
DB for its decision, with copies to the other Party and the
Engineer. Such reference shall state that it is given under this
Sub-Clause.
For a DB of three persons, the DB shall be deemed to have
received such reference on the date when it is received by the
chairman of the DB.
Both Parties shall promptly make available to the DB all such
additional information, further access to the Site, and
appropriate facilities, as the DB may require for the purposes of
making a decision on such dispute. The DB shall be deemed to
be not acting as arbitrator(s).
Within 84 days after receiving such reference, or within such
other period as may be proposed by the DB and approved by
both Parties, the DB shall give its decision, which shall be
reasoned and shall state that it is given under this Sub-Clause.
The decision shall be binding on both Parties, who shall
promptly give effect to it unless and until it shall be revised in
an amicable settlement or an arbitral award as described below.
Unless the Contract has already been abandoned, repudiated or
terminated, the Contractor shall continue to proceed with the
Works in accordance with the Contract.
If either Party is dissatisfied with the DB’s decision, then either
Party may, within 28 days after receiving the decision, give a
Notice of Dissatisfaction to the other Party indicating its
dissatisfaction and intention to commence arbitration. If the DB
fails to give its decision within the period of 84 days (or as
otherwise approved) after receiving such reference, then either
Party may, within 28 days after this period has expired, give a
Notice of Dissatisfaction to the other Party.
In either event, this Notice of Dissatisfaction shall state that it is
given under this Sub-Clause, and shall set out the matter in
dispute and the reason(s) for dissatisfaction. Except as stated in
Sub-Clause 20.7 [Failure to Comply with Dispute Board’s
Decision] and Sub-Clause 20.8 [Expiry of Dispute Board’s
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Appointment], neither Party shall be entitled to commence
arbitration of a dispute unless a Notice of Dissatisfaction has
been given in accordance with this Sub-Clause.
If the DB has given its decision as to a matter in dispute to both
Parties, and no Notice of Dissatisfaction has been given by
either Party within 28 days after it received the DB’s decision,
then the decision shall become final and binding upon both
Parties.
20.5 Amicable
Settlement
Where a Notice of Dissatisfaction has been given under SubClause 20.4 above, both Parties shall attempt to settle the
dispute amicably before the commencement of arbitration.
However, unless both Parties agree otherwise, the Party giving a
Notice of Dissatisfaction in accordance with Sub-Clause 20.4
above should move to commence arbitration after the fifty-sixth
day from the day on which a Notice of Dissatisfaction was
given, even if no attempt at an amicable settlement has been
made.
20.6 Arbitration
Any dispute between the Parties arising out of or in connection
with the Contract not settled amicably in accordance with SubClause 20.5 above and in respect of which the DB’s decision (if
any) has not become final and binding shall be finally settled by
arbitration. Arbitration shall be conducted as follows:
(a)
if the contract is with foreign contractors,
(i) for contracts financed by all participating Banks
except
under
sub-paragraph
(a)
(2)
below:international arbitration (1) with proceedings
administered by the arbitration institution
designated in the Contract Data, and conducted
under the rules of arbitration of such institution; or,
if so specified in the Contract Data, (2) international
arbitration in accordance with the arbitration rules
of the United Nations Commission on International
Trade Law (UNCITRAL); or (3) if neither an
arbitration institution nor UNCITRAL arbitration
rules are specified in the Contract Data, with
proceedings administered by the International
Chamber of Commerce (ICC) and conducted under
the ICC Rules of Arbitration; by one or more
arbitrators appointed in accordance with said
arbitration rules
(b)
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if the Contract is with domestic contractors,
arbitration with proceedings conducted in
312
accordance with the laws of the Employer’s
country.
The place of arbitration shall be the neutral location specified in
the Contract Data; and the arbitration shall be conducted in the
language for communications defined in Sub-Clause 1.4 [Law
and Language].
The arbitrators shall have full power to open up, review and
revise any certificate, determination, instruction, opinion or
valuation of the Engineer, and any decision of the DB, relevant
to the dispute. Nothing shall disqualify representatives of the
Parties and the Engineer from being called as a witness and
giving evidence before the arbitrators on any matter whatsoever
relevant to the dispute.
Neither Party shall be limited in the proceedings before the
arbitrators to the evidence or arguments previously put before
the DB to obtain its decision, or to the reasons for dissatisfaction
given in its Notice of Dissatisfaction. Any decision of the DB
shall be admissible in evidence in the arbitration.
Arbitration may be commenced prior to or after completion of
the Works. The obligations of the Parties, the Engineer and the
DB shall not be altered by reason of any arbitration being
conducted during the progress of the Works.
20.7 Failure to
Comply with
Dispute Board’s
Decision
In the event that a Party fails to comply with a final and binding
DB decision, then the other Party may, without prejudice to any
other rights it may have, refer the failure itself to arbitration
under Sub-Clause 20.6 [Arbitration]. Sub-Clause 20.4
[Obtaining Dispute Board’s Decision] and Sub-Clause 20.5
[Amicable Settlement] shall not apply to this reference.
20.8 Expiry of Dispute
Board’s
Appointment
If a dispute arises between the Parties in connection with, or
arising out of, the Contract or the execution of the Works and
there is no DB in place, whether by reason of the expiry of the
DB’s appointment or otherwise:
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(a)
Sub-Clause 20.4 [Obtaining Dispute Board’s Decision]
and Sub-Clause 20.5 [Amicable Settlement] shall not
apply, and
(b)
The dispute may be referred directly to arbitration under
Sub-Clause 20.6 [Arbitration].
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APPENDIX
A General Conditions of Dispute Board Agreement
1. Definitions
Each “Dispute Board Agreement” is a tripartite agreement by and
between:
(a) the “Employer”;
(b) the “Contractor”; and
(c) the “Member” who is defined in the Dispute Board Agreement
as being:
(i) the sole member of the "DB" and, where this is the case,
all references to the “Other Members” do not apply, or
(ii) one of the three persons who are jointly called the “DB”
(or “Dispute Board”) and, where this is the case, the other
two persons are called the “Other Members”.
The Employer and the Contractor have entered (or intend to enter)
into a contract, which is called the "Contract" and is defined in the
Dispute Board Agreement, which incorporates this Appendix. In
the Dispute Board Agreement, words and expressions which are not
otherwise defined shall have the meanings assigned to them in the
Contract.
2. General
Provisions
Unless otherwise stated in the Dispute Board Agreement, it shall
take effect on the latest of the following dates:
(a) the Commencement Date defined in the Contract,
(b) when the Employer, the Contractor and the Member have each
signed the Dispute Board Agreement, or
(c) when the Employer, the Contractor and each of the Other
Members (if any) have respectively each signed a dispute
board agreement.
This employment of the Member is a personal appointment. At any
time, the Member may give not less than 70 days’ notice of
resignation to the Employer and to the Contractor, and the Dispute
Board Agreement shall terminate upon the expiry of this period.
3. Warranties
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The Member warrants and agrees that he/she is and shall be
impartial and independent of the Employer, the Contractor and the
Engineer. The Member shall promptly disclose, to each of them and
to the Other Members (if any), any fact or circumstance which
might appear inconsistent with his/her warranty and agreement of
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impartiality and independence.
When appointing the Member, the Employer and the Contractor
relied upon the Member’s representations that he/she is:
(a) experienced in the work which the Contractor is to carry out
under the Contract,
(b) experienced in the interpretation of contract documentation,
and
(c) fluent in the language for communications defined in the
Contract.
4. General
Obligations of the
Member
The Member shall:
(a) have no interest financial or otherwise in the Employer, the
Contractor or Engineer, nor any financial interest in the
Contract except for payment under the Dispute Board
Agreement;
(b) not previously have been employed as a consultant or
otherwise by the Employer, the Contractor or the Engineer,
except in such circumstances as were disclosed in writing to
the Employer and the Contractor before they signed the
Dispute Board Agreement;
(c) have disclosed in writing to the Employer, the Contractor and
the Other Members (if any), before entering into the Dispute
Board Agreement and to his/her best knowledge and
recollection, any professional or personal relationships with
any director, officer or employee of the Employer, the
Contractor or the Engineer, and any previous involvement in
the overall project of which the Contract forms part;
(d) not, for the duration of the Dispute Board Agreement, be
employed as a consultant or otherwise by the Employer, the
Contractor or the Engineer, except as may be agreed in writing
by the Employer, the Contractor and the Other Members (if
any);
(e) comply with the annexed procedural rules and with SubClause 20.4 of the Conditions of Contract;
(f) not give advice to the Employer, the Contractor, the
Employer’s Personnel or the Contractor’s Personnel
concerning the conduct of the Contract, other than in
accordance with the annexed procedural rules;
(g) not while a Member enter into discussions or make any
agreement with the Employer, the Contractor or the Engineer
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regarding employment by any of them, whether as a consultant
or otherwise, after ceasing to act under the Dispute Board
Agreement;
(h) ensure his/her availability for all site visits and hearings as are
necessary;
(i) become conversant with the Contract and with the progress of
the Works (and of any other parts of the project of which the
Contract forms part) by studying all documents received which
shall be maintained in a current working file;
(j) treat the details of the Contract and all the DB’s activities and
hearings as private and confidential, and not publish or
disclose them without the prior written consent of the
Employer, the Contractor and the Other Members (if any); and
(k) be available to give advice and opinions, on any matter
relevant to the Contract when requested by both the Employer
and the Contractor, subject to the agreement of the Other
Members (if any).
5. General
Obligations of the
Employer and the
Contractor
The Employer, the Contractor, the Employer’s Personnel and the
Contractor’s Personnel shall not request advice from or consultation
with the Member regarding the Contract, otherwise than in the
normal course of the DB’s activities under the Contract and the
Dispute Board Agreement. The Employer and the Contractor shall
be responsible for compliance with this provision, by the
Employer’s Personnel and the Contractor’s Personnel respectively.
The Employer and the Contractor undertake to each other and to the
Member that the Member shall not, except as otherwise agreed in
writing by the Employer, the Contractor, the Member and the Other
Members (if any):
(a) be appointed as an arbitrator in any arbitration under the
Contract;
(b) be called as a witness to give evidence concerning any dispute
before arbitrator(s) appointed for any arbitration under the
Contract; or
(c) be liable for any claims for anything done or omitted in the
discharge or purported discharge of the Member’s functions,
unless the act or omission is shown to have been in bad faith.
The Employer and the Contractor hereby jointly and severally
indemnify and hold the Member harmless against and from claims
from which he is relieved from liability under the preceding
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paragraph.
Whenever the Employer or the Contractor refers a dispute to the
DB under Sub-Clause 20.4 of the Conditions of Contract, which
will require the Member to make a site visit and attend a hearing,
the Employer or the Contractor shall provide appropriate security
for a sum equivalent to the reasonable expenses to be incurred by
the Member. No account shall be taken of any other payments due
or paid to the Member.
6. Payment
The Member shall be paid as follows, in the currency named in the
Dispute Board Agreement:
(a) a retainer fee per calendar month, which shall be considered as
payment in full for:
(i) being available on 28 days’ notice for all site visits and
hearings;
(ii) becoming and remaining conversant with all project
developments and maintaining relevant files;
(iii) all office and overhead expenses including secretarial
services, photocopying and office supplies incurred in
connection with his duties; and
(iv) all services performed hereunder except those referred to
in sub-paragraphs (b) and (c) of this Clause.
The retainer fee shall be paid with effect from the last day of the
calendar month in which the Dispute Board Agreement becomes
effective; until the last day of the calendar month in which the
Taking-Over Certificate is issued for the whole of the Works.
With effect from the first day of the calendar month following the
month in which the Taking-Over Certificate is issued for the whole
of the Works, the retainer fee shall be reduced by one third .This
reduced fee shall be paid until the first day of the calendar month in
which the Member resigns or the Dispute Board Agreement is
otherwise terminated.
(b) a daily fee which shall be considered as payment in full for:
(i) each day or part of a day up to a maximum of two days’
travel time in each direction for the journey between the
Member’s home and the Site, or another location of a
meeting with the Other Members (if any);
(ii) each working day on Site visits, hearings or preparing
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decisions; and
(iii) each day spent reading submissions in preparation for a
hearing.
(c) all reasonable expenses including necessary travel expenses
(air fare in less than first class, hotel and subsistence and other
direct travel expenses) incurred in connection with the
Member’s duties, as well as the cost of telephone calls, courier
charges, faxes and telexes: a receipt shall be required for each
item in excess of five percent of the daily fee referred to in
sub-paragraph (b) of this Clause;
(d) any taxes properly levied in the Country on payments made to
the Member (unless a national or permanent resident of the
Country) under this Clause 6.
The retainer and daily fees shall be as specified in the Dispute
Board Agreement. Unless it specifies otherwise, these fees shall
remain fixed for the first 24 calendar months, and shall thereafter be
adjusted by agreement between the Employer, the Contractor and
the Member, at each anniversary of the date on which the Dispute
Board Agreement became effective.
If the parties fail to agree on the retainer fee or the daily fee, the
appointing entity or official named in the Contract Data shall
determine the amount of the fees to be used.
The Member shall submit invoices for payment of the monthly
retainer and air fares quarterly in advance. Invoices for other
expenses and for daily fees shall be submitted following the
conclusion of a Site visit or hearing. All invoices shall be
accompanied by a brief description of activities performed during
the relevant period and shall be addressed to the Contractor.
The Contractor shall pay each of the Member’s invoices in full
within 56 calendar days after receiving each invoice and shall apply
to the Employer (in the Statements under the Contract) for
reimbursement of one-half of the amounts of these invoices. The
Employer shall then pay the Contractor in accordance with the
Contract.
If the Contractor fails to pay to the Member the amount to which
he/she is entitled under the Dispute Board Agreement, the
Employer shall pay the amount due to the Member and any other
amount which may be required to maintain the operation of the DB;
and without prejudice to the Employer’s rights or remedies. In
addition to all other rights arising from this default, the Employer
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half of these payments, plus all costs of recovering these sums and
financing charges calculated at the rate specified in Sub-Clause
14.8 of the Conditions of Contract.
If the Member does not receive payment of the amount due within
70 days after submitting a valid invoice, the Member may (i)
suspend his/her services (without notice) until the payment is
received, and/or (ii) resign his/her appointment by giving notice
under Clause 7.
7. Termination
At any time: (i) the Employer and the Contractor may jointly
terminate the Dispute Board Agreement by giving 42 days’ notice
to the Member; or (ii) the Member may resign as provided for in
Clause 2.
If the Member fails to comply with the Dispute Board Agreement,
the Employer and the Contractor may, without prejudice to their
other rights, terminate it by notice to the Member. The notice shall
take effect when received by the Member.
If the Employer or the Contractor fails to comply with the Dispute
Board Agreement, the Member may, without prejudice to his other
rights, terminate it by notice to the Employer and the Contractor.
The notice shall take effect when received by them both.
Any such notice, resignation and termination shall be final and
binding on the Employer, the Contractor and the Member.
However, a notice by the Employer or the Contractor, but not by
both, shall be of no effect.
8. Default of the
Member
If the Member fails to comply with any of his obligations under
Clause 4 (a) - (d) above, he shall not be entitled to any fees or
expenses hereunder and shall, without prejudice to their other
rights, reimburse each of the Employer and the Contractor for any
fees and expenses received by the Member and the Other Members
(if any), for proceedings or decisions (if any) of the DB which are
rendered void or ineffective by the said failure to comply.
If the Member fails to comply with any of his obligations under
Clause 4 (e) - (k) above, he shall not be entitled to any fees or
expenses hereunder from the date and to the extent of the noncompliance and shall, without prejudice to their other rights,
reimburse each of the Employer and the Contractor for any fees and
expenses already received by the Member, for proceedings or
decisions (if any) of the DB which are rendered void or ineffective
by the said failure to comply.
9. Disputes
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Any dispute or claim arising out of or in connection with this
Dispute Board Agreement, or the breach, termination or invalidity
319
thereof, shall be finally settled by institutional arbitration. If no
other arbitration institute is agreed, the arbitration shall be
conducted under the Rules of Arbitration of the International
Chamber of Commerce by one arbitrator appointed in accordance
with these Rules of Arbitration.
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PROCEDURAL RULES
Unless otherwise agreed by the Employer and the Contractor, the DB shall visit the Site at
intervals of not more than 140 days, including times of critical construction events, at the
request of either the Employer or the Contractor. Unless otherwise agreed by the Employer,
the Contractor and the DB, the period between consecutive visits shall not be less than 70
days, except as required to convene a hearing as described below.
The timing of and agenda for each Site visit shall be as agreed jointly by the DB, the
Employer and the Contractor, or in the absence of agreement, shall be decided by the DB.
The purpose of Site visits is to enable the DB to become and remain acquainted with the
progress of the Works and of any actual or potential problems or claims, and, as far as
reasonable, to endeavour to prevent potential problems or claims from becoming disputes.
Site visits shall be attended by the Employer, the Contractor and the Engineer and shall be
co-ordinated by the Employer in co-operation with the Contractor. The Employer shall
ensure the provision of appropriate conference facilities and secretarial and copying services.
At the conclusion of each Site visit and before leaving the site, the DB shall prepare a report
on its activities during the visit and shall send copies to the Employer and the Contractor.
The Employer and the Contractor shall furnish to the DB one copy of all documents which
the DB may request, including Contract documents, progress reports, variation instructions,
certificates and other documents pertinent to the performance of the Contract. All
communications between the DB and the Employer or the Contractor shall be copied to the
other Party. If the DB comprises three persons, the Employer and the Contractor shall send
copies of these requested documents and these communications to each of these persons.
If any dispute is referred to the DB in accordance with Sub-Clause 20.4 of the Conditions of
Contract, the DB shall proceed in accordance with Sub-Clause 20.4 and these Rules. Subject
to the time allowed to give notice of a decision and other relevant factors, the DB shall:
(a) act fairly and impartially as between the Employer and the Contractor, giving each of
them a reasonable opportunity of putting his case and responding to the other’s case, and
(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.
The DB may conduct a hearing on the dispute, in which event it will decide on the date and
place for the hearing and may request that written documentation and arguments from the
Employer and the Contractor be presented to it prior to or at the hearing.
Except as otherwise agreed in writing by the Employer and the Contractor, the DB shall have
power to adopt an inquisitorial procedure, to refuse admission to hearings or audience at
hearings to any persons other than representatives of the Employer, the Contractor and the
Engineer, and to proceed in the absence of any party who the DB is satisfied received notice
of the hearing; but shall have discretion to decide whether and to what extent this power may
be exercised.
The Employer and the Contractor empower the DB, among other things, to:
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(a) establish the procedure to be applied in deciding a dispute,
(b) decide upon the DB’s own jurisdiction, and as to the scope of any dispute referred to it,
(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other than
those contained in the Contract and these Rules,
(d) take the initiative in ascertaining the facts and matters required for a decision,
(e) make use of its own specialist knowledge, if any,
(f) decide upon the payment of financing charges in accordance with the Contract,
(g) decide upon any provisional relief such as interim or conservatory measures, and
(h) open up, review and revise any certificate, decision, determination, instruction, opinion
or valuation of the Engineer, relevant to the dispute.
The DB shall not express any opinions during any hearing concerning the merits of any
arguments advanced by the Parties. Thereafter, the DB shall make and give its decision in
accordance with Sub-Clause 20.4, or as otherwise agreed by the Employer and the Contractor
in writing. If the DB comprises three persons:
(a)
it shall convene in private after a hearing, in order to have discussions and prepare its
decision;
(b)
it shall endeavour to reach a unanimous decision: if this proves impossible the
applicable decision shall be made by a majority of the Members, who may require the
minority Member to prepare a written report for submission to the Employer and the
Contractor; and
(c)
if a Member fails to attend a meeting or hearing, or to fulfil any required function, the
other two Members may nevertheless proceed to make a decision, unless:
(i)
either the Employer or the Contractor does not agree that they do so, or
(ii)
the absent Member is the chairman and he/she instructs the other Members not to
make a decision.
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Section IX. Particular Conditions (PC)
The following Particular Conditions shall supplement the GC. Whenever there is a conflict,
the provisions herein shall prevail over those in the GC.
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Section IX. Particular Conditions
Part A - Contract Data
Conditions
Sub-Clause
Data
Employer’s name and address
1.1.2.2 &
1.3
Irrigation & Water Resources Department, U.P.
98- Canal Colony, Phoolbagh,
Kanpur- 208001, Uttar Pradesh, India
Telephone: +91-512-2310425
Facsimile: +91-512-2366720
E-mail id: ceramgangaidupkn-up@nic.in
Engineer’s name and address
1.1.2.4 &
1.3
Superintending Engineer,
Irrigation Works Circle, Aligarh,
Irrigation & Water Resources Department, U.P.
25- Lal Diggi, Near University Circle,
Aligarh-202001, Uttar Pradesh, India
Telephone: +91-571-2700392
Facsimile: +91-571-2700392
E-mail id: seiwca@gmail.com
Bank’s name
1.1.2.11
The World Bank mean Internation Development
Association (IDA)
Borrower’s name
1.1.2.12
Government of India
Time for Completion
1.1.3.3
18 months
Defects Notification Period
1.1.3.7
365 days.
Sections
1.1.5.6
N.A.
Electronic transmission
systems
1.3
No
Governing Law
1.4
The Law of India
Ruling language
1.4
English
Language for communications 1.4
English
Time for the Parties entering
into a Contract Agreement
1.6
10 days
Inspections and Audit by the
Bank
1.15
This clause shall be amended as follows:
The Contractor shall permit, and shall cause its
agents (whether declared or not), sub-contractors,
sub-consultants, service providers, or suppliers
and any personnel thereof, to permit, the Bank
Conditions
325
Sub-Clause
Data
and/or persons appointed by the Bank to inspect
the Site and all accounts and records relating to
the performance of the Contract and the
submission of the bid, and to have such accounts
and records audited by auditors appointed by the
Bank if requested by the Bank. The Contractor’s
attention is drawn to Sub-Clause 15.6 [Corrupt or
Fraudulent Practices] which provides, inter alia,
that acts intended to materially impede the
exercise of the Bank’s inspection and audit rights
provided for under Sub-Clause 1.15 constitute a
prohibited practice subject to contract termination
(as well as to a determination of ineligibility
pursuant to the Bank’s prevailing sanctions
procedures.
Time for access to the Site
2.1
Within 10 days after the Commencement Date
Engineer’s Duties and
Authority
3.1(b)(ii)
Variations resulting in an increase of the
Accepted Contract Amount in excess of05(five)%
shall require approval of the Employer.
4.2
The performance security will be in the form of
Bank guarantee in the name of Excutive
Engineer, Narora Division, Lower Ganga Canal,
Aligarh for the amount of 05 (five) % of the
accepted contract amount and in the same
currency(ies) of the Accepted Contract Amount,
valid upto 90 days beyond the defects
notification period.
Normal working hours
6.5
Three shift of 8 Hrs. each
Delay damages for the Works
8.7
& 0.10 % of the Contract Price per day.
14.15(b)
Maximum amount of delay
damages
8.7
10 % of the final Contract Price.
Provisional Sums
13.5.(b)(ii)
N.A.
Adjustments for Changes in
Cost
13.8
N.A.
Total advance payment
14.2
10 (Ten) % Percentage of the Accepted Contract
Amount payable in the currencies and
proportions in which the Accepted Contract
Amount is payable against Bank Gaurantee
(unconditional).
326
Conditions
Sub-Clause
Data
Repayment amortization rate
of advance payment
14.2(b)
Deductions @ 20% will be made from certified
amount of each interim payment certificate after
the mount of work certified by the Engineer
attains 30% of the Contract price or 04 months
after the advance payment, which ever is earlier.
Percentage of Retention
14.3
05 (five) % of gross amount of bill payment.
Limit of Retention Money
14.3
05 (five) % of the Accepted Contract Amount
Plant and Materials
14.5(b)(i)
N.A.
14.5(c)(i)
N.A.
Minimum Amount of Interim
Payment Certificates
14.6
05 (five) % of the Accepted Contract Amount.
Publishing source of
commercial interest rates for
financial charges in case of
delayed payment
14.8
N.A.
Maximum total liability of the
Contractor to the Employer
17.6
100% of Accepted Contract Amount.
Periods for submission of
insurance:
18.1
a. evidence of insurance.
14 days
b. relevant policies
28 days
Maximum amount of
deductibles for insurance of
the Employer's risks
18.2(d)
5000 US$
Minimum amount of third
party insurance
18.3
The amount of insurance cover is INR 1.00
million per occurrence and the number of
minimum occurrence is 10 as per additional
details is provided in the Particular Conditions,
Part B.
Date by which the DB shall be
appointed
20.2
28 days after the Commencement date
The DB shall be comprised of
20.2
Three Members
List of potential DB sole
members
20.2
None
Appointment (if not agreed)
to be made by
20.3
The appointing authority shall be Engineer in
Chief (HOD) Public Works Department,
Lucknow.
Conditions
Rules of arbitration
327
Sub-Clause
20.6(a)
Data
A. In case of dispute arising between Employer
and a demostic Contractor relating to any matter
arising out or connects with this Contract, such
disputes or differences shall be settled in
accordance with the Arbitration & Consiliation
Act 1996.
B. In case of disputer a Forign Contractor the
dispute shall be settled in accordance with
UNCITRAL Arbitration Rules.
Table: Summary of Sections
Section Name/Description
(Sub-Clause 1.1.5.6)
Time for Completion
(Sub-Clause 1.1.3.3)
Damages for Delay
(Sub-Clause 8.7)
328
Part B - Specific Provisions
Sub-Clause 14.1
The Contract Price
(e)
Notwithstanding the provisions of subparagraph (b),
Contractor's Equipment, including essential spare parts
therefore, imported by the Contractor for the sole purpose
of executing the Contract shall be temporarily exempt
from the payment of import duties and taxes upon initial
importation, provided the Contractor shall post with the
customs authorities at the port of entry an approved
export bond or bank guarantee, valid until the Time for
Completion plus six months, in an amount equal to the
full import duties and taxes which would be payable on
the assessed imported value of such Contractor's
Equipment and spare parts, and callable in the event the
Contractor's Equipment is not exported from the Country
on completion of the Contract. A copy of the bond or
bank guarantee endorsed by the customs authorities shall
be provided by the Contractor to the Employer upon the
importation of individual items of Contractor's
Equipment and spare parts. Upon export of individual
items of Contractor's Equipment or spare parts, or upon
the completion of the Contract, the Contractor shall
prepare, for approval by the customs authorities, an
assessment of the residual value of the Contractor's
Equipment and spare part to be exported, based on the
depreciation scale(s and other criteria used by the
customs authorities for such purposes under the
provisions of the applicable Laws. Import duties and
taxes shall be due and payable to the customs authorities
by the Contractor on (a) the difference between the initial
imported value and the residual value of the Contractor's
Equipment and spare parts to exported; and (b) on the
initial imported value that Contractor's Equipment and
spare parts remaining in the Country after completion of
the Contract. Upon payment of such dues within 28 days
of being invoiced, the bond or bank guarantee shall be
reduced or released accordingly; otherwise the security
shall be called in the full amount remaining.
329
Part B - Specific Provisions
1. General Provisions
1.5
Priority
Documents
4.3
Contractor’s
Representative
of Delete sub paragraphs (a) to (i) in Sub-Clause 1.5 and substitute
with the following:
(a) the Contract Agreement (if any),
(b) the Letter of Acceptance,
(c) the Tender,
(d) the addendum as per cl.8.2 of ITB (if any)
(e) the record of pre-award clarifications (if any),
(f) the Particular Conditions – Part A,
(g) the Particular Conditions – Part B
(h) the Works Requirement,- Specific Provisions
(i) these General Conditions
(j) the Works Requirement,- General Specifications
(k) the Drawings,
(l) the priced Bill of Quantities
(m) the Environmental Management Plan (EMP) and
(n) any other documents forming part of the Contract
Add the following at the end of Sub-Clause 4.3:
‘The Contractor shall ensure that his authorised Representative
attends all periodic / specially called progress review meetings
notified by the Engineer and / or Employer and / or their
representative(s). “The Contractor’s representative shall be
nominated from the Lead Partner of the JV”
4.7
Setting Out
Add the following paragraph after 1st paragraph of sub-Clause
4.7:
“The Contractor shall give to the Engineer not less than 48 (forty
eight) hours notice in writing of his intention to set out or give
levels for any part of the Works so that timely arrangement may
be made for checking or issuing instructions.”
4.8
Safety Procedures
Add the following sub paragraph after sub paragraph (e) in SubClause 4.8:
(f) Ensure that all lights provided by the Contractor shall be
screened so as not to interfere with any signal light on the
railways or with any traffic or signal lights of any local or
other authority.
330
4.14
Avoidance
Interference
of Add the words ‘railway and any other right of way’ after the
words ‘roads’ in sub paragraph (b) of Sub-Clause 4.14
Add the following as sub paragraph (c), (d) and (e) after subpara (b) of Sub-Clause 4.14:
(c) ‘ If any equipment (floating or otherwise) belonging to or hired
by the Contractor or any Sub-contractor or any person
employed by the Contractor or by any Sub-contractor or any
materials or things therein or there from sinks from any cause
whatsoever, it shall immediately be reported by the Contractor
to the competent authorities and the Engineer or his
Representative, and Contractor shall forthwith, at his cost raise
and remove any such equipment, materials or things or
otherwise deal with the same as the Engineer may direct.
The fact that such sunken equipment, materials or things
are insured or have been declared a total loss or do not
represent any further value shall not absolve the Contractor
from his obligations under this Clause to raise and remove
the same.
Until such sunken equipment or materials or things have been
raised and removed, the Contractor shall set such buoys and
display at night such lights and do all such things for the safety
as may be required by the competent authorities or by the
Engineer’s Representative.
In the event of the Contractor not carrying out the obligations
imposed on him by this Clause, the Employer may cause to set
buoys and display at night, lights on such equipment and raise
and remove the same without prejudice to the right of the
Employer to hold the Contractor liable and all expenses and
consequences thereon and incidental thereto shall be borne by
the Contractor and shall be recoverable from him as a debt by
the Employer or may be deducted by the Employer from any
moneys due or which may become due to the Contractor.’
(d) In case, any operation connected with traffic necessitated
diversion, obstruction or closure of any road, railway or any
other Right of Way, the approval of the Engineer or the
Engineer’s Representative and the concerned authorities shall
be obtained well in advance by the Contractor.
(e) The Contractor shall maintain the existing road in its
normal condition suitable for the season of the year, from
the time he commences the work on Site until the
completion of the works.
Within 28 days of the date of receipt of the Letter of
Acceptance, the Contractor shall submit a programme for
the approval of the Engineer describing in detail how he
331
intends to execute the Works
4.18
Protection
of following
the
Add the
paragraphs at the end of Sub-Clause 4.18:
Environment
The Contractor shall ensure that 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 byelaws 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.
Salient features of some of the major laws that are applicable are
given below:
The Water (Prevention and Control of Pollution) Act, 1974
This provides for the prevention and control of water pollution
and the maintaining and restoring of wholesomeness of water.
Pollution means such contamination of water or such alteration
of the physical, chemical or biological properties of water or
such discharge of any sewage or trade effluent or of any other
liquid, gaseous or solid substance into water (whether directly or
indirectly) as may, or is likely to, create a nuisance or render
such water harmful or injurious to public health or safety, or to
domestic, commercial, industrial, agricultural or other legitimate
uses, or to the life and health of animals or plants or of aquatic
organisms.
The Air (Prevention and Control of Pollution) Act, 1981
This provides for prevention, control and abatement of air
pollution. 'Air Pollution' means the presence in the atmosphere
of any 'air pollutant', which means any solid, liquid or gaseous
substance (including noise) present in the atmosphere in such
concentration as may be or tend to be injurious to human beings
or other living creatures or plants or property or environment.
The Environment (Protection) Act, 1986
This provides for the protection and improvement of
environment and for matters connected therewith, and the
prevention of hazards to human beings, other living creatures,
plants and property. 'Environment' includes water, air and land
and the inter-relationship which exists among and between
water, air and land, and human beings, other living creatures,
plants, micro-organism and property.
The Public Liability Insurance Act, 1991
This provides for public liability insurance for the purpose of
providing immediate relief to the persons affected by accident
occurring while handling hazardous substances and for matters
332
connected herewith or incidental thereto. Hazardous substance
means any substance or preparation which is defined as
hazardous substance under the Environment (Protection) Act
1986, and exceeding such quantity as may be specified by
notification by the Central Government.
The Contractor shall take all reasonable steps to implement the
environmental mitigation measures provided for in the
Appendix in Volume 3 : Section VIII – Part C - Environmental
Management Action Plan, in accordance with objective,
procedures, and other provisions set forth therein and shall not
take any action which would prevent or interfere with such
implementation. Further, he shall adhere to all environmental
requirements of the contract.
The reference to above mentioned Acts is only indicative. The
Contractor is expected to acquaint with all the latest applicable
Acts.
4.21 Progress Reports
Add at the end of this clause following
(i) details of plant, equipment and machinery log books truly verified and
certified by the Engineer or his representative
6. Staff and Labour
6.1
Engagement
of Substitute the words ‘the Country’ at the end of 2 nd paragraph of
sub-Clause 6.1 with ‘ India’
Staff and Labour
6.4
Labour Laws
Add the following after the 2 nd paragraph in Sub-Clause 6.4
‘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 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 nonobservance of the provisions stipulated in the notifications / byelaws / acts / rules / regulations including amendments, if any, on the
part of the Contractor, 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.
333
Salient features of some major Labour Laws applicable to
establishments engaged in Construction of Civil Works are given in
Annexure A-I for reference purposes only.
The contractor and sub contractor shall comply with the safety and
welfare provisions as detailed in Annexure A-II.
The lists provided in Annexure A-I & A-II are indicative only.
The Contractor is expected to be acquainted with all the latest
applicable Laws, including those concerning safety at work.
7. Plant, Materials and Workmanship
7.8
Royalties
Add the following at the end
(d) The Contractor shall pay all local taxes, duties and royalties
(Seigniorage fee) of the Employer’s Country as per applicable
law from time to time. The Employer shall make tax deduction
at source at the rates applicable from time to time.
8. Commencement, Delays and Suspension
8.3
Programme
Insert the words ‘for his consent in five hard copies and 2 eversions on compact discs’ after ‘Engineer’ in the 1st sentence of
1st paragraph of Sub-Clause 8.3.
Delete sub paragraph (a) of Sub Clause 8.3 and replace with the
following:
(a) the order in which the Contractor intends to carry out the
Works including;
(i)
A detailed works programme indicating the
anticipated timing of each stage of construction.
(ii)
A detailed mobilization programme with all principal
mobilization events including the anticipated timing
of procurement, delivery to site, construction,
erection and commissioning, provision of facilities
for the Employer’s and Engineer’s personnel,
mobilization of key personnel, etc. This programme
will provide the basis for the stage release of advance
payments as prescribed under Clause 14.2.
10.1 Taking Over of the Add the following additional paragraph after second paragraph
of Sub-Clause 10.1:
Works and Sections
‘Before the Works are taken over in accordance with this
Clause, the Contractor shall supply all drawings as appropriate
of the Work as-built. Unless otherwise agreed, the Work shall
not be considered to be completed for the purpose of Taking
334
Over until such drawings have been approved by the Engineer
and submitted to the Employer.’
12.
Measurement and Evaluation
12.2Method
Measurement
12.3
Evaluation
of Add following lines at the end of the clause:
(c) All the Measurements related to Bill Of Quantities,
variations, Provisional Sums, Day works, Levels etc., are to be
recorded in Measurement Books and Level Field Books by the
Engineer or his authorised representative and accepted by the
contractor or his representative. The Measurement Books and
Level Field Books are to be numbered serially in the office of
the Engineer. The contractor shall have to be given in writing to
engineer regarding acceptance or any disagree in acceptence of
level and quantity measurements within 24 hours.
Replace ‘0.25%’ with ‘1%’ in sub-para (a) (ii) of Sub-Clause
12.3.
Delete sub-para (a) (iii) of sub-Clause 12.3 and renumber the
sub-para (a) (iv) as (a) (iii)
Add the following after sub-para (a) (iii):
The new rate fixed by the Engineer shall be applicable only to
the quantity in excess of 1.25 times of quantity specified in the
Bill of Quantities.
Provided further that no change in the rate for any item
contained in the BOQ shall be considered in case of any
decrease in the actual quantity of work executed.
13. Variations and Adjustments
14. Contract Price and Payment
14.3
Application
for Add the following at the end
Interim payment The Intermediate Payment Certificate shall also be
Certificates
accompanied with the copies of measurement books, Level
books, copies of test results etc.
14.7 Payment
Quantity of work of bid item will be calculated on the basis of
joint measurement at site with contractor & engineer
representatives. Only 70% of quoted rates for each item will be
paid till quality control checks or other checking as decided by
engineer.Assesment of quantity will be done after every 500m or
part thereof.
14.8
335
Delete 2 nd paragraph of Sub-Clause 14.8 and substitute with the
following:
Delayed Payment
‘These financing charges shall be calculated at 1% over the
Prime Lending Rate fixed by State Bank of India for payments
in local currencies (INR) and at 2 % over the 3- month’s London
Inter Bank Offer Rate (LIBOR) for foreign currencies.
14.10
Statement
Completion
at Delete para 1 (b) of Sub-Clause 14.10 and substitute with the
following:
“(b) any further sums which are notified by the contractor
14.11 Application for Final Delete para 1 (b) of Sub-Clause 14.11 and substitute with the
Payment Certificate following:
“(b) any further sums which are notified by the contractor prior
to the submission of statement at completion as referred to in
clause 14.10.
14.13 Issue
of
Payment
Certificate
Final Replace the word ‘28’ with ‘42’ in the 1st sentence of 1st
paragraph of Sub-Clause 14.13
Replace the word ‘28’ with ‘42’ in the last paragraph of SubClause 14.13
14.15 Currencies
Payment
of Replace sub paragraph (e) of sub-Clause 14.15 with the
following:
‘if no rates of exchange are stated in the Schedule of Payment
Currencies SBI’s B.C.Selling rate of exchange, prevailing on the
Base Date shall be applicable.
15. Termination by Employer
15.2
Termination
Employer
by Substitute the words ‘the whole of Works’ with ‘more than 90%
of the Works in terms of value including the Work
subcontracted to nominated Subcontractors’ in the sub
paragraph (d) of Sub-Clause 15.2.
17. Risk and Responsibility
17.2 Contractor’s Care of
the Works
18.3.
Insurance against
Injury to Persons
and Damage to
Property
Second Para of sub clause 18.3 is amended as below.
The Contractor shall obtain insurance cover for a minimum of
INR 1 million per occurrence. The insurance cover shall be
taken initially for a minimum of 10 occurrences which shall be
revised whenever an event involving Contractor’s liability for
payment arises, and additional insurances shall be taken so as to
336
cover minimum another 10 occurrences in future.
20. Claims, Disputes and Arbitration
20.2 Appointment of the Add at the end of the clause:
Dispute Board
The Fee & other expenses payable to the Dispute Board Members
shall be as per Annexure-I.
The Proceedings to be issued to the Dispute Board Members is as
shown in the Annexure- I (A).
The Recommendation of the Dispute Board shall be in the format
shown in the Annexure – I (B).
20.6 Arbitration
Add at the end of the clause:
The Fee & other expenses payable to the Arbitrators shall be as
per Annexure-II.
337
ANNEXURE – I (B)
[Project Name]
Recommendation of Dispute Board
Dispute No. ………………………. (NAME OF DISPUTE).
Hearing Date……………….., 20……….
Dispute
Description of dispute.A one or two sentence summation of the dispute.
Contractor’s Position
A Short summation of the Contractor’s position as understood by the board.
Owner’s Position
A Short summation of the Contractor’s position as understood by the board.
Recommendation
The board’s specific recommendation for settlement of the dispute. (The recommended
course is consistent with the explanation).
Explanation
This section could also be called Considerations, Rational Findings, Discussion, and so on
The Board’s description of how each recommendation was reached.
Respectfully submitted,
Date: _____________
Date: _____________
Date: _____________
____________
____________
____________
ANNEXURE-II
Fee & other expenses payable to the Arbitrators
S.No.
Particulars of fee and other
charges
Amount payable per arbitrator/per case
338
1
Arbitrator fee
2
3
Reading charges
Rs 10,000/Secretarial
Assistance
and Rs 15,000/Incidental
charges
(
telephone,fax,postage etc.)
Charges for publishing / Maximum of Rs 15,000/declaration of the award.
Other Expenses (As per actuals against bills subject to maximum of the prescribed
ceiling given below)
4
5
Rs 10,000/- per day subject to a maximum of Rs
2 lakhs per case; or Rs 1.5 lakhs (lump sum )
subject to publishing the award within 12
months. 12 months will be reckoned from the
date of first meeting.
Traveling expenses
6
7
Note:
Economy class by air, first class AC by train, AC
car by road.
Lodging and Boarding
(i) UptoRs. 10,000/- per day (Metro cities)
(ii) UptoRs. 5,000/- per day (Other cities)
(iii) Rs. 2000/- per day (Own arrangement)
Local travel
Rs 1000/- per day
Extra charges for days other Rs. 2,500/- per day
than hearing/ meeting days
(maximum for 2 days)
1. Lodging, boarding and travelling expenses shall be allowed only for those
members who are residing 100 kms away from place of meeting.
2.Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered
as Metro cities.
Annexure-AI
Salient features of some major Labour Laws applicable to establishments engaged in
Construction of Civil Works
(i) Workmen Compensation Act, 1923
339
The Act provides for compensation in case of injury by accident arising out of and during the course
of employment.
(ii) Payment of Gratuity Act, 1972
Gratuity is payable to an employee under the Act on satisfaction of certain conditions on separation if
an employee has completed 5 years service or more or on death at the rate of 15 days wages for every
completed year of service. The Act is applicable to all establishments employing 10 or more
employees.
(iii) Employees’ PF and Miscellaneous Provisions Act, 1952
The Act provides for monthly contributions by the employer plus workers @10 % or 8.33 %. The
benefits payable under the Act are:
(a) Pension or family pension on retirement or death as the case may be.
(b) Deposit linked insurance on the death in harness of the worker.
(c) Payment of PF accumulation on retirement/death etc.
(iv) Maternity Benefit Act, 1951
The Act provides for leave and some other benefits to women employees in case of confinement or
miscarriage etc.
(v) Contract Labour (Regulation and Abolition) Act, 1970
The Act provides for certain welfare measures to be provided by the Contractor to contract labour and
in case the Contractor fails to provide, the same are required to be provided by the Principal
Employer by Law. The principal employer is required to take Certificate of Registration and the
Contractor is required to take a License from the designated Officer. The Act is applicable to the
establishments or Contractor of principal employer if they employ 20 or more contract labour.
(vi) Minimum Wages Act, 1948
The employer is supposed to pay not less than the Minimum Wages fixed by appropriate Government
as per provisions of the Act if the employment is a scheduled employment. Construction of Buildings,
Roads, and Runways are scheduled employment.
(vii) Payment of Wages Act, 1936
It lays down as to by what date the wages are to be paid, when it will be paid and what deductions can
be made from the wages of the workers.
(viii) Equal Remuneration Act, 1979
The Act provides for payment of equal wages for work of equal nature to Male and Female workers
and not for making discrimination against Female employees in the matters of transfers, training and
promotions etc.
(ix) Payment of Bonus Act, 1965
The Act is applicable to all establishments employing 20 or more workmen. The Act provides for
payments of annual bonus subject to a minimum of 8.33 % of wages and maximum of 20 % of wages
to employees drawing Rs. 3,500/- per month or less. The bonus to be paid to employees getting Rs.
2,500/- per month or above up to Rs.3, 500/- per month shall be worked out by taking wages as Rs.2,
500/- per month only. The Act does not apply to certain establishments. The newly set up
establishments are exempted for five years in certain circumstances. Some of the State Governments
have reduced the employment size from 20 to 10 for the purpose of applicability of the Act.
340
(x) Industrial Disputes Act, 1947
The Act lays down the machinery and procedure for resolution of industrial disputes, in what
situations a strike or lock-out becomes illegal and what are the requirements for laying off or
retrenching the employees or closing down the establishment.
(xi) Industrial Employment (Standing Orders) Act, 1946
It is applicable to all establishments employing 100 or more workmen (employment size reduced by
some of the States and Central Government to 50). The Act provides for laying down rules governing
the conditions of employment by the employer on matters provided in the Act and get the same
certified by the designated Authority.
(xii) Trade Unions Act, 1926
The Act lays down the procedure for registration of trade unions of workmen and employees. The
trade unions registered under the Act have been given certain immunities from civil and criminal
liabilities.
(xiii) Child Labour (Prohibition and Regulation) Act, 1986
The Act prohibits employment of children below 14 years of age in certain occupations and processes
and provides for regulation of employment of children in all other occupations and processes.
Employment of child labour is prohibited in Building and Construction Industry.
(xiv) Inter-State Migrant Workmen's (Regulation of Employment and Conditions of Service) Act,
1979
The Act is applicable to an establishment, which employs 5 or more inter-state migrant workmen
through an intermediary (who has recruited workmen in one state for employment in the
establishment situated in another state). The inter-state migrant workmen, in an establishment to
which this Act becomes applicable, are required to be provided certain facilities such as housing,
medical aid, travelling expenses from home upto the establishment and back, etc
(xv) The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 and the Cess Act of 1996
All the establishments who carry on any building or other construction work and employs 10 or more
workers are covered under this Act. All such establishments are required to pay Cess at rate not
exceeding 2% of the cost of construction as may be notified by the Government. The employer of the
establishment is required to provide safety measures at the Building or Construction work and other
welfare measures, such as Canteens, First-aid facilities, Ambulance, Housing accommodation for
Workers near the workplace etc. The employer to whom the Act applies has to obtain a registration
certificate from the Registering Officer appointed by the Government.
(xvi) The Factories Act, 1948
The Act lays down the procedure for approval of plans before setting up a factory, health and safety
provisions, welfare provisions, working hours, annual earned leave and rendering information
regarding accidents or dangerous occurrences to designated authorities. It is applicable to premises
employing 10 persons or more with aid of power or 20 or more persons without the aid of power
engaged in manufacturing process.
341
Annexure-A II
Safety & Welfare Provisions for labour to be employed by the Contractor
All necessary personal safety equipment as considered adequate by the Engineer shall be available for
use of persons employed on the Site and maintained in a condition suitable for immediate use; and the
Contractor shall take adequate steps to ensure proper use of such equipment by those concerned.
1. Safety Provisions:
The Contractor shall comply with all the precautions as required for the safety of the workmen.
(i) All workmen at site shall be provided with safety helmets and yellow/orange jackets. Workmen
required on site during night hours shall be provided with fluorescent yellow jackets with reflective
lopes.
(ii) Workers employed on mixing asphaltic materials, cement, lime mortars, concrete etc. shall be
provided with protective footwear, protective goggles.
(iii) Those engaged in handling any material, which is injurious to the eyes, shall be provided with
protective goggles.
(iv) Those engaged in welding works shall be provided with welder's protective eye-shield.
(v) Stone breakers shall be provided with protective goggles and protective clothing and seated at
sufficiently safe intervals.
(vi) Suitable scaffolds shall be provided for workmen for all work that cannot safely be done from the
ground, or from solid construction except for such short period work as can be done safely from
ladders. When a ladder is used, an extra labourer shall be engaged for holding the ladder and if the
ladder is used for carrying materials as well, suitable foot-holds and hand-holds shall be provided on
the ladder, which shall be given an inclination not steeper than 1/4 to 1.
(vii) Scaffolding or staging more than 3.25 metres above the ground or floor, swung or suspended
from an overhead support or erected with stationary support, shall have a guard rail properly attached,
bolted, braced and otherwise secured at least 1 metre high above the floor or platform of such
scaffolding or staging and extending along the entire length of the outside and ends thereof with only
such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be
so fastened as to prevent it from swaying from the support or structure.
(viii) Working platforms, gangways, and stairways shall be so constructed that they do not sag unduly
or unequally, and if the height of any platform or gangway or stairway is more than 3.25 metres
above ground level or floor level, it shall have closely spaced boards, have adequate width and be
suitably provided with guard rails as described in (ii) above.
(ix) Every opening in the floor of a structure or in a working platform shall be provided with suitable
means to prevent fall of persons or materials by providing suitable fencing or railing with a minimum
height of one metre.
(x) Safe means of access and egress shall be provided to all working platforms and other working
places. Every ladder shall be securely fixed. No portable single ladder shall be over 9 metres in
length. The width between side rails in a rung ladder shall in no case be less than 30 cm for ladders up
to and including 3 metres in length. For longer ladders the width shall be increased at least 6 mm for
each additional 30 cm of length. Spacing of steps shall be uniform and shall not exceed 30 cm.
(xi) Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on
any of the sites shall be so stacked or placed as to cause danger or inconvenience to any person or the
public. The Contractor shall provide all necessary fencing and lights to protect the public from
342
accidents and shall be bound to bear the expenses of defending every suit, action or other proceedings
at law that may be brought by any person for injury sustained owing to neglect of the above
precautions and to pay any damages and costs which may be awarded in any such suit, action or
proceedings to any such person or which may with the consent of the Contractor be paid to
compromise any claim by any such person.
(xii) Excavation and Trenching: All trenches, 1.5 metres or more in depth, shall at all times be
supplied with at least one ladder for each 20 metres in length or fraction thereof. Ladders shall be
extended from the bottom of the trench to at least 1 metre above the surface of the ground. The sides
of a trench, which is 1.5 metres or more in depth shall be stepped back to provide a suitable slope, or
be securely held by timber bracing so as to avoid the danger of side collapse. Excavated material shall
not be placed within 1.5 metres of the edge of any trench or half the depth of the trench, whichever is
more. Excavation shall be made from the top to the bottom. Under no circumstances shall
undermining or undercutting be done.
(xiii) When workers are employed in sewers and manholes, which are in use, the Contractor shall
ensure that manhole covers are open and manholes are ventilated at least for an hour before workers
are allowed to go into them. Manholes so open shall be cordoned off with suitable railing and provide
warning signals or boards to prevent accidents to the public.
(xiv) Demolition: Before any demolition work is commenced and also during the process of the work:
a) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
b) No electric cable or apparatus, which is liable to be a source of danger other than a cable or
apparatus used by operators, shall remain electrically charged:
c) All practical steps shall be taken to prevent danger to persons employed by the Employer, from risk
of fire or explosion, or flooding. No floor, roof or other part of a building shall be so overloaded with
debris or materials as to render it unsafe.
(xv) When work is performed near any place where there is risk of drowning all necessary equipment
shall be provided and kept ready for use and all necessary steps taken for prompt first aid treatment of
all injuries likely to be sustained during the course of the work.
(xvi) Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following:
(a) These shall be of good mechanical construction, sound material and adequate strength and free
from patent defects and shall be kept in good working order be regularly inspected and properly
maintained.
(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable
quality and adequate strength, and free from defects.
(c) For every hoisting machine and every chain hook, shackle, swivel and pulley block used in
hoisting, lowering or as means of suspension, safe working load shall be ascertained by adequate
means. Every hoisting machine and all gear referred to above shall be plainly marked with safe
working load. In case of a hoisting machine or a variable safe working load, each safe working load
and conditions under which it is applicable shall be clearly indicated. No part of any machine or any
gear referred to in the paragraph above shall be loaded beyond safe working load except for the
purpose of testing
(xvii) Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances
shall be provided with efficient safeguards; hoisting appliances shall be provided with such means as
will reduce the risk of accident during descent of load to the minimum. Adequate precautions shall be
taken to reduce to the minimum risk of any part of a suspended load becoming accidentally displaced.
343
When workers are employed on electrical installations which are already energised, insulating mats,
working apparel such as gloves, sleeves and boots, as may be necessary, shall be provided. Workers
shall not wear any rings, watches and carry keys or other material which are good conductors of
electricity.
(xviii) All scaffolds, ladders and other safety devices mentioned or described herein shall be
maintained in a safe condition and no scaffold, ladder or equipment shall be altered or removed while
it is in use. Adequate washing facilities shall be provided at or near places of work.
(xix) These safety provisions shall be brought to the notice of all concerned by displaying on a notice
board at a prominent place at the work location. Persons responsible for ensuring compliance with the
Safety Code shall be named therein by the Contractor.
(xx) To ensure effective enforcement of the rules and regulations relating to safety precautions,
arrangements made by the Contractor shall be open to inspection by the Engineer or his
Representative.
(xxi) Notwithstanding anything contained in condition (i) to (xv) above, the Contractor shall remain
liable to comply with the provisions of all acts, rules, regulations and bylaws for the time being in
force in India and applicable in this matter.
The Contractor shall be responsible for observance, by his sub-contractors, of the foregoing
provisions.
2. Labour Welfare Provisions:
(i) First Aid:
At every workplace, there shall be maintained in a readily accessible place first aid appliances
including an adequate supply of sterilised dressings and sterilised cotton wool as prescribed in the
Factory Rules of the State in which the work is carried on. The appliances shall be kept in good order
and, in large work places, they shall be placed under the charge of a responsible person who shall be
readily available during working hours.
(ii) Accommodation for Labour:
The Contractor shall during the progress of the work provide, erect and maintain necessary temporary
living accommodation and ancillary facilities for labour at his own expense to standards and scales
approved by the Engineer.
(iii) Drinking Water:
In every workplace, there shall be provided and maintained at suitable places easily accessible to
labour, a sufficient supply of cold water fit for drinking.
Where drinking water is obtained from an intermittent public water supply each workplace shall be
provided with storage tanks where drinking water shall be stored.
Every water supply storage shall be at a distance of not less than 15 metres from any latrine, drain or
other source of pollution. Where water has to be drawn from an existing well, which is within such
proximity of any latrine, drain or any other source of pollution, the well shall be properly chlorinated
before water is drawn from it for drinking. All such wells shall be entirely closed in and be provided
with a trap door, which shall be dust proof and waterproof.
A reliable pump shall be fitted to each covered well. The trap door shall be kept locked and opened
only for cleaning or inspection, which shall be done at least once a month.
(iv) Washing and Bathing Places:
344
Adequate washing and bathing places shall be provided separately for men and women. Such places
shall be kept in clean and drained condition.
(v) Scale of Accommodation in Latrines and Urinals:
There shall be provided within the precincts of every workplace, latrines and urinals in an accessible
place, and the accommodation, separately for each for these, shall not be less than at the following
scale:
No. of Seats
(a) Where number of persons does not exceed 50 2
(b) Where number of persons exceeds 50 but does
not exceed 100 3
(c) For additional persons per 100 or part thereof 3
In particular cases, the Engineer shall have the power to increase the requirement, wherever
necessary.
(vi) Latrines and Urinals:
Except in workplaces provided with water-flushed latrines connected with a water borne sewage
system, all latrines shall be provided with dry-earth system (receptacles) which shall be cleaned at
least four times daily and at least twice during working hours and kept in a strictly sanitary condition.
Receptacles shall be tarred inside and outside at least once a year.
If women are employed, separate latrines and urinals, screened from those for men and marked in the
vernacular in conspicuous letters "For women only", shall be provided. Those for men shall be
similarly marked "For men only". A poster showing the figure of a man and a woman shall also be
exhibited at the entrance to latrines for each sex. There shall be adequate supply of water, close to
latrines and urinals.
(vii) Construction of Latrines:
Inside walls shall be constructed of masonry or other non-absorbent material and shall be cementwashed inside and outside at least once a year. The dates of cement washing shall be noted in a
register maintained for the purpose and kept available for inspection. Latrines shall have at least a
thatched roof.
(viii) Disposal of Excreta:
Unless otherwise arranged for by the local sanitary authority, arrangement for proper disposal of
excreta by incineration at the workplace shall be made by means of a suitable incinerator approved by
the local medical health and municipal or cantonment authorities. Alternatively, excreta may be
disposed of by putting a layer of night soils at the bottom of a pucca tank prepared for the purpose
and covering it with a 15 cm layer of waste or refuse and then covering it with a layer of earth for a
fortnight (when it will turn into manure).
The Contractor shall, at his own expense, carry out all instructions issued to him by the Engineer to
effect proper disposal of soil and other conservancy work in respect of Contractor’s work-purpose or
employees on the site. The Contractor shall be responsible for payment of any charges, which may be
levied by municipal or cantonment authority for execution of such work on his behalf.
(ix) Provisions of shelters during rest:
At every workplace, there shall be provided, free of cost, four suitable sheds, two for meals and two
others for rest, separately for use of men and women labour. The height of each shelter shall not be
345
less than 3 metres from floor level to lowest part of roof. Sheds shall be kept clean and the space
provided shall be on the basis of at least 0.5 sq.m. per head.
(x) Crèches:
At a place where women are ordinarily employed, there shall be provided at least one hut for use of
children under the age of 6 years belonging to such women. Huts shall not be constructed to a
standard lower than that of thatched roof, mud floor and wall with wooden planks spread over mud
floor and covered with matting.
Huts shall be provided with suitable and sufficient openings, for light and ventilation. There shall be
adequate provision of sweepers to keep the places clean. There shall be a maidservant in attendance.
Sanitary utensils shall be provided to the satisfaction of local medical, health a municipal or
cantonment authorities. Use of huts shall be restricted to children, their attendants and mothers of
children.
(xi) Canteen:
A cooked food canteen on a moderate scale shall be provided for the benefit of workers wherever it is
considered necessary.
(xii) Planning, sitting and erection of the above mentioned structures shall be approved by the
Engineer or his Representative and the whole of such temporary accommodation shall at all times
during the progress of the Works be kept tidy and in a clean and sanitary condition to the satisfaction
of the Engineer or his Representative and at the Contractor's expense. The Contractor shall conform
generally to sanitary requirements of local medical, health and municipal or cantonment authorities
and at all times adopt such precautions as may be necessary to prevent soil pollution of the Site.
On completion of the Works, the whole of such temporary structures shall be cleared away, all
rubbish burnt, excreta or other disposal pits or trenches filled in and effectively sealed off and the
whole of the site left clean and tidy, at the Contractor's expense, to the entire satisfaction of the
Engineer.
346
(xiii) Anti-malarial precautions:
The Contractor shall, at his own expense, conform to all anti malarial instructions given to him by the
Engineer, including filling up any borrow pits which may have been dug by him.
(xiv) Awareness and Education of HIV/AIDS
The contractor shall provide/carryout HIV/AIDS awareness and training programme `to its labour and
management, at least twice per year during the construction period.
(xv) Child Labour Prohibition
The contractor shall not employ Child Labour for any works or in any manner under the Contract at
any time. In the event that the Contractor uses child labour, the Employer shall terminate the
Contract.
(xvi) Amendments:
The Employer may, from time to time, add to, or amend these Rules and issue such directions as it
may be considered necessary for the proper implementation of these Rules or for the purpose of
removing any difficulty, which may arise in the administration thereof.
347
Table of Forms
Notification of Award ..........................................................................................................348314
Contract Agreement .............................................................................................................349315
Performance Security ...........................................................................................................351317
Advance Payment Security ..................................................................................................355321
Retention Money Security ...................................................................................................357323
348
Notification of Award
LETTER OF ACCEPTANCE
[Letter head paper of the Employer]
[date]
To: [name and address of the Contractor]
This is to notify you that your Bid dated [date] for execution of the [name of the Contract
and identification number, as given in the Contract Data] for the Accepted Contract Amount
[amount in numbers and words] [name of currency], as corrected and modified in
accordance with the Instructions to Bidders, is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms
included in Section X, Contract Forms, of the Bidding Documents
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment: Contract Agreement
349
Contract Agreement
THIS AGREEMENT made the ________ day of ________________________, _____,
between ______________________________________of __________________________
(hereinafter “the Employer”), of the one part, and ______________________ of
_____________________ (hereinafter “the Contractor”), of the other part:
WHEREAS
the
Employer
desires
that
the
Works
known
as
_______________________________ should be executed by the Contractor, and has
accepted a Bid by the Contractor for the execution and completion of these Works and the
remedying of any defects therein,
The Employer and the Contractor agree as follows:
1.
In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2.
The following documents shall be deemed to form and be read and construed as part
of this Agreement. This Agreement shall prevail over all other Contract documents.
(i)
the Letter of Acceptance
(ii) the Letter of Bid
(iii) the addenda Nos ________(if any)
(iv) the Particular Conditions
(v)
the General Conditions;
(vi) the Specification
(vii) the Drawings; and
(viii) the completed Schedulesand any other documents forming part of the contract,
3.
In consideration of the payments to be made by the Employer to the Contractor as
specified in this Agreement, the Contractor hereby covenants with the Employer to execute
the Works and to remedy defects therein in conformity in all respects with the provisions of
the Contract.
4.
The Employer hereby covenants to pay the Contractor 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.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of _____________________________ on the day, month and year
specified above.
350
Signed by ________________________________________________ (for the Employer)
Signed by __________________________________________________ (for the Contractor)
351
Option 1: (Demand Guarantee)
_______________________________
Beneficiary: ___________________
Date: ________________
PERFORMANCE GUARANTEE No.:
_________________
Guarantor: _____________________________________
We have been informed that ________________ (hereinafter called "the Applicant") has
entered into Contract No. _____________ dated ____________ with the Beneficiary, for the
execution of _____________________ (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.
At the request of the Applicant, we as Guarantor,hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ (),1 such sum
being payable in the types and proportions of currencies in which the Contract Price is
payable, upon receipt by us of the Beneficiary’s complying demand supported by the
Beneficiary’s statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating that the Applicant is in breach of its
obligation(s) under the Contract, without the Beneficiary needing to prove or to show
grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the …. Day of ……, 2… 2, and any demand for
payment under it must be received by us at this office indicated above on or before that date.
1
2
The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amount
specified in the Letter of Acceptance, less provisional sums, if any, and denominated either in the
currency(cies) of the Contract or a freely convertible currency acceptable to the Beneficiary.
Insert the date twenty-eight days after the expected completion dateas described in GC Clause 11.9. The
Employer should note that in the event of an extension of thisdate for completion of the Contract, the
Employer would need to request an extension of this guarantee from the Guarantor. Such request must be
in writing and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed
[six months][one year], in response to the Beneficiary’s written request for such extension, such request to
be presented to the Guarantor before the expiry of the guarantee.”
352
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)
is hereby excluded.
_____________________
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
353
Option 2: Performance Bond
By this Bond____________________ as Principal (hereinafter called “the Contractor”)
and______________________________________________________________] as Surety
(hereinafter called “the Surety”), are held and firmly bound unto_____________________]
as Obligee (hereinafter called “the Employer”) in the amount of __________________, for
the payment of which sum well and truly to be made in the types and proportions of
currencies in which the Contract Price is payable, the Contractor and the Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS the Contractor has entered into a written Agreement with the Employer dated the
day of
, 20
,
for
___________________
in
accordance with the documents, plans, specifications, and amendments thereto, which to the
extent herein provided for, are by reference made part hereof and are hereinafter referred to
as the Contract.
NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shall
promptly and faithfully perform the said Contract (including any amendments thereto), then
this obligation shall be null and void; otherwise, it shall remain in full force and effect.
Whenever the Contractor shall be, and declared by the Employer to be, in default under the
Contract, the Employer having performed the Employer’s obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
(1)
complete the Contract in accordance with its terms and conditions; or
(2)
obtain a Bid or bids from qualified Bidders for submission to the Employer for
completing the Contract in accordance with its terms and conditions, and upon
determination by the Employer and the Surety of the lowest responsive Bidder,
arrange for a Contract between such Bidder and Employer and make available as
work progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the Balance of the Contract
Price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The
term “Balance of the Contract Price,” as used in this paragraph, shall mean the
total amount payable by Employer to Contractor under the Contract, less the
amount properly paid by Employer to Contractor; or
(3)
pay the Employer the amount required by Employer to complete the Contract in
accordance with its terms and conditions up to a total not exceeding the amount of
this Bond.
The Surety shall not be liable for a greater sum than the specified penalty of this Bond.
354
Any suit under this Bond must be instituted before the expiration of one year from the date of
the issuing of the Taking-Over Certificate.
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Employer named herein or the heirs, executors, administrators, successors, and
assigns of the Employer.
In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and the
Surety has caused these presents to be sealed with his corporate seal duly attested by the
signature of his legal representative, this
day of
20
.
SIGNED ON
By
on behalf of
in the capacity of
In the presence of
SIGNED ON
By
In the presence of
on behalf of
in the capacity of
355
Advance Payment Security
Demand Guarantee
________________________________
Beneficiary: ___________________
Date: ________________
ADVANCE PAYMENT GUARANTEE No.:
_________________
Guarantor: _________________________________
We have been informed that ________________ (hereinafter called “the Applicant”) has
entered into Contract No. _____________ dated ____________ with the Beneficiary, for the
execution of _____________________ (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance
payment in the sum ___________ ()is to be made against an advance payment guarantee.
At the request of the Applicant, we as Guarantor,hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ ()1 upon
receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’s
statement, whether in the demand itself or in a separate signed document accompanying or
identifying the demand, stating either that the Applicant:
(a) has used the advance payment for purposes other than the costs of mobilization in
respect of the Works; or
(b) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Applicant has failed to repay.
A demand under this guarantee may be presented as from the presentation to the Guarantor
of a certificate from the Beneficiary’s bank stating that the advance payment referred to
1
The Guarantor shall insert an amount representing the amount of the advance payment and denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
356
above has been credited to the Applicant on its account number ___________ at
_________________..
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Applicant as specified in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that ninety (90)
percent of the Accepted Contract Amount, less provisional sums, has been certified for
payment, or on the ___ day of _____, 2___,2 whichever is earlier.Consequently, any demand
for payment under thisguarantee must be received by us at this office on or before that date..
is hereby excluded.
____________________
[signature(s)]
2
Insert the expected expiration date of the Time for Completion. The Employer should note that in the event
of an extension of the time for completion of the Contract, the Employer would need to request an extension
of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the
expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the
Beneficiary’s written request for such extension, such request to be presented to the Guarantor before the
expiry of the guarantee.”
357
Retention Money Security
Demand Guarantee
________________________________ [Guarantor letterhead or SWIFT identifier code]
Beneficiary: ___________________ [Insert name and Address of Employer]
Date: ________________[Insert date of issue]
RETENTION MONEY GUARANTEE No.:
[Insert guarantee reference number]
Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]
We have been informed that ________________ [insert name of Contractor, which in the case of a
joint venture shall be the name of the joint venture] (hereinafter called "the Applicant") has entered
into Contract No. _____________ [insert reference number of the contract]dated ____________
with the Beneficiary, for the execution of _____________________ [insert name of contract and
brief description of Works](hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, the Beneficiary
retains moneys up to the limit set forth in the Contract (“the Retention Money”), and that
when the Taking-Over Certificate has been issued under the Contract and the first half of the
Retention Money has been certified for payment, payment of [insert thesecond half of the
Retention Moneyorifthe amount guaranteed under the Performance Guarantee when the
Taking-Over Certificate is issued is less than half of the Retention Money,thedifference
between half of the Retention Money and the amount guaranteed under the Performance
Security] is to be made against a Retention Money guarantee.
At the request of the Applicant, we,as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ [insert amount
in figures]()[amount in words]1 upon receipt by us of the Beneficiary’s complying demand
supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed
document accompanying or identifying the demand, stating that the Applicant is in breach of
1
The Guarantor shall insert an amount representing the amount of the second half of the Retention Money
or or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is
issued is less than half of the Retention Money, the difference between half of the Retention Money and the
amount guaranteed under the Performance Security and denominated either in the currency(ies) of the
second half of the Retention Money as specified in the Contract, or in a freely convertible currency
acceptable to the Beneficiary.
358
its obligation(s) under the Contract,without your needing to prove or show grounds for your
demand or the sum specified therein.
A demand under this guarantee may be presented as from the presentation to the Guarantor
of a certificate from the Beneficiary’s bank stating that the second half of the Retention
Money as referred to above has been credited to the Applicant on its account number
___________ at _________________ [insert name and address of Applicant’s bank].
This guarantee shall expireno later than the …. day of ……, 2… 2, and any demand for
payment under it must be received by us at the office indicated above on or before that date.
is hereby excluded.
____________________
[signature(s)]
2
Insert the same expiry date as set forth in the performance security, representing the date twenty-eight days
after the completion date described in GC Clause 11.9. The Employer should note that in the event of an
extension of thisdate for completion of the Contract, the Employer would need to request an extension of
this guarantee from the Guarantor. Such request must be in writing and must be made prior to the
expiration date established in the guarantee. In preparing this guarantee, the Employer might consider
adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the
Beneficiary’s written request for such extension, such request to be presented to the Guarantor before the
expiry of the guarantee.”

- Irrigation Department,Uttar Pradesh

Transcription

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