TENDER DOCUMENT

FOR

CONSTRUCTION

OF

International All weather Swimming pool at Saifai Etawah

UTTAR PRADESH RAJKIYA NIRMAN NIGAM LTD.

VIBHUTI KHAND, GOMTI NAGAR,

LUCKNOW.

Bill of Quantity

Name of work - Construction of All weather swimming pool at saifai etawah

List of Important Dates

1. Notice Inviting Tender/Bid Date of Issue

22.02.2013 [ [

2. Sale of Bidding Document Period Place 15.03.2013 to 22.03.2013 Office of Project Manager/Unit Incharge Saifai Unit Saifai 3. Pre-Bid Meeting Date Time Place 16.03.2013 04:00 PM Office of G.M U.P.R.N.N. Ltd.

Etawah Zone Etawah 4. Deadline of Receiving Bid Date Time 23.03.2013 12.00 Noon 5. Place of Receiving Bid - Office of General Manager Etawah Zone Etawah 6. Opening of Technical Bid Date Time Place 25.03.2013 12:30 PM Office of G.M U.P.R.N.N. Ltd. Etawah Zone Etawah 7. Opening of Financial Bid Date & Time To be notified by a notice to individual technically qualified bidders and displayed in the Office of General Manager Etawah Zone 8. Completion Period of Work/Project - 18 Months 9. Validity Period of Bid - 90 Days

Tender Notice Uttar Pradesh Rajkiya Nirman Nigam Ltd.

(ISO 9001:2008 Certified Company ) Vishveshraiya Bhawan, Vibhuti Khand Gomti Nagar, Lucknow Fax : 05688-250326 Phone :- 0522 2720665, 2720670-71 Fax No. 0522-2720846 Website:http://www.uprnn.co.in Email- gmez.uprnn@yahoo.com

Press Notice No. / Nivida Dated :

1. Uttar Pradesh Rajkiya Nriman Nigam Ltd. Lucknow invites percentage rate bids in 2 bids system sealed tender from eligible and approved contractors of UP. P.W.D. /C.P.W.D./M.E.S. registered in A class The Bidder may submit bids for any or all of the works. Bidders are advised to note the minimum criteria.

S.No. Name of work Estimated cost (in Lacs)

Bid Security (Rs in Lacs)

Cost of Bid Document

Time of Completion

Address of Tender

sale office

Address of Tender

receiving officer

1 2 3 4 5 6 7 8 1 Constr. Of International

All weather swimming pool at Saifai Etawah

6500.00 130.00 300.00+5000.00 (+VAT,+Stationery

Charge)

18 Months Saifai Unit saifai, Etawah

G.M. Office U.P.R.N.N.

Ltd. Motijheel Etawah

2. The Contractors who fulfil the following requirements shall be eligible to apply. Joint ventures are not accepted.

i) Should have successfully completed similar works during the last five years ending 31st March 2012, as a prime contractor satisfying either of the following. a) Three similar completed work each costing not less than 40% of Tendered cost.

Or b) Two similar completed work each costing not less than 50% of Tendered cost.

Or c) One Similar completed work costing not less than 80% of Tendered cost.

Similar work shall mean construction of RCC framed structure Hospital Building including electrical and HAVC works. Preference will be given to the firms who have done similar works in Hospitals and Medical College of repute.

ii) Should have had average annual financial turnover (out of work of similar nature) of 50% of estimated cost on construction works of similar nature during last three years, ending 31st March 2012 (Copy of certificate from CA to be submitted)

iii) Should not have incurred any loss in more than two years during the last five years. Solvency Certificate from Bankers to be submitted.

iv) Information regarding projects in hand, current litigation, orders regarding exclusion, expulsion or black listing if any should be indicated.

3. A Pre-bid conference will be held in the office of concerned General Manager on 16 March 2013 for clarifying issues and clearing doubts, if any.

4. The bids shall remain valid for acceptance for a period of 90 (ninety) days from the last date of submission of bids. Bids once submitted cannot be withdrawn.

5. Bidders shall place two separate envelops marked technical bid and financial bid in outer envelope.

6. Financial bid opened to those bidders whose bids are technically qualified and eligible.

7. A set Bidding documents may be purchased from the office of concerned Unit Incharge as

mentioned in column-7 respectively of the table corresponding to the respective work, between 11:00 pm on any working day from 15.03.2013 to 22.03.2013 for a non-refundable fee of Rs. 5000.00 (Rupees Five Thousand only) for stationary charges, Rs. 300.00 for tender cost and VAT as applicable per set per work as indicated in column 5, in the form of Demand Draft drawn on any Scheduled bank in favour of U.P.R.N.N. Ltd., Etawah payable at Etawah. Interested bidders may obtain further information at the same office from where the document are purchased. Bidding documents requested by mail will be dispatched by registered/ speed post on payment of an extra amount of Rs. 200.00 (Rupees two hundred only) Applications for issued of Bidding documents by post shall be entertained only upto 4.00 PM on 16.03.2013 The authority inviting tender will not be held responsible for the postal delay, if any, in the delivery of documents or non-receipt of the same. Bidding document can also be downloaded from the website www.uprnn.co.in But its cost, i.e. Rs. 5300.00+VAT as mentioned in column 6 above, in the form of DD drawn on any Scheduled bank in favour of U.P.R.N.N. Ltd. Payable at Etawah will necessarily be attached with the bid.

8. In case of any discrepancy between the downloaded bid document and that available with the concerned Unit Incharge, office as mentioned in column -7 the later would be considered authentic.

9. Bids must be delivered to the office of the concerned General Manager as mentioned in column-8 of the table corresponding to the respective work on or before 12.00 Noon on 23.03.2013 and the technical bids will be opened on the next working day, that is on 25.03.2013 at 12.30 pm, in the office of concerned General Manager as mentioned in column-8, in the presence of the bidders of their authorized representatives to attend, in presence of committee constituted by Managing Director, U.P.R.N.N. Lucknow. If the office happens to be closed on the date of receipt or opening of the bids as specified, the bids will be received and opened on the next working day, respectively, at the same time and venue, and validity of bid will be considered from the original date. The date and time opening of financial bid shall be notified by a notice displayed in the office of concerned General Manager as mentioned in column-8 and by individual notice to the eligible and qualified bidders. The financial bids shall be opened in the office of concerned General Manager as mentioned in column-8 in the presence of bidders who wish to attend.

10. Bids must be accompanied with security of the amount specified for the work in the table. The Earnest Money may be deposited in the form of Demand draft of a Nationalized Bank (payable at Lucknow infavour of U.P. Rajkiya Nirman Nigam Ltd. Lucknow along with Bank Guarantee of any Nationalised bank wherever applicable. A part of Earnest money is acceptable in the form of Bank Guarantee also. In such case, Rs. 20.00 Lacs will have to be deposited in the shape of Demand draft and balance in shape of Bank Guarantee of any Nationalised Bank having branch at Lucknow. The intending bedders has to fill all the details such as Bankers name, Demand draft, Bank Guarantee number, Amount and Date. The Bank Guarantee submitted as a part of Earnest money shall be valid for 45 days beyond the validity of the bids.

11. No Engineer of gazetted rank or other Gazetted officer employed in Engineering or Administrative duties in an Engineering Department of the State / Central Government is allowed to work as a Contractor for a period of two years after his retirement from Government services, without Government permission. This contract is liable to be cancelled if either the Contractor or any of his employees is found any time to be such a person who had not obtained the permission of the Government as aforesaid before submission of the tender or engagement in the Contractors service.

12. Any bidder who is having criminal record is not allowed to participate in the bidding process.

13. Any bidder who is registered with the state Bar Council is not allowed to participate in the

bidding process. 14. Each bidder is required to furnish in the from of an affidavit in the prescribed proforma

(Annexure-1 ) all information required for evaluation of the bidding capacity of the bidder Each bidder is required to satisfy himself about his bidding capacity before submitting his bid. Bidding capacity will be evaluated as mentioned in section 3. Bids of bidder who do not possess the required bidding capacity shall not be accepted in any case.

15. Bidder must submit all informations /documents on prescribed proforma with each bid. 16. 1% Labour Welfare Cess will be deducted from Contractors Bills. 17. Bidding Document s general conditions of contract can be seen in the office of concerned Unit

Incharge and concerned General Manager as mentioned in column 8-9 Bidding Documents can also be downloaded from website : www.uprnn.co.in.

General Manager (Etawah Zone) Uttar Pradesh Rajkiya Nirman Nigam Ltd. Moti Jhil, Dairy Institute Campus Etawah

A. INFORMATION & INSTRUCTIONS TO THE BIDDER(I.T.B.) T e c h n i c a l B i d

1. The application should be type-written. The applicant should sign each page of the application.

2. Over Writing should be avoided. Correction, if any, should be made by neatly crossing out, initialing, dating & re-writing.

3. The applicant may furnish any Additional information which he thinks is necessary to establish its capabilities to successfully complete the envisaged work. He is however advised not to furnish superfluous information. No information shall be entertained after submission of pre-qualification document unless it is called for by the employer.

4. Any information furnished by the applicant found to be incorrect either immediately or at a later date, would render him liable to be debarred from tendering/taking up of work in UPRNN Ltd., Lucknow.

5. The tenderer shall submit as Two-Bid System in accordance with the procedures specified Documents shall be submitted in envelope of appropriate size, which shall be duly sealed.

6. Conditional tender shall not be considered. 7. Tender document are to be submitted in two envelopes marked No-1 shall contain the

technical bid and marked No-2 for price bid (Financial bid). 8. Both envelopes 1 & 2 will kept in one big envelope with name of work, date of tender

detail of earnest money and full address and contact number of tenderer. A. SUBMISSION OF TENDER

The Detail of document to be submitted with each envelope is given below: Envelope marked-1 (Technical Bid) (i- Earnest money of the specified value in the shape of NSC/FDR/CDR/Bank guarantee

of Nationalized bank duly pledged in favour of U.P.Rajkiya Nirman Nigam Ltd., Vibhuti Khand, Gomti Nagar, Lucknow. (Appendix 1)

(ii- Duly filled up Firms information appended with the tender. (Appendix 2) (iii- List of works satisfactorly completed during the last five financial years in

Govt./Semi-Govt./Public Sector undertaking and public and private limited companies along with certificates (Attested copy). (Appendix 3)

(iv- Proof of liquid assets duly certified by banker as per pre-qualification requirement (original or attested copy will be entertained). (Appendix 4)

(v- Latest income tax clearance certificate valid till date (original or attested copy) clearly indicating turnover of last five assessment years. (Appendix 5)

(vi- List of tools and plants in format enclosed. Batching plant or Ready Mix Plant for design mix concrete and quality control lab house to be established at site along with all necessary tools & plants. (Appendix 6)

(vii- List of technical staff with their qualification professional experience and length of the service with the firm in enclosed format. At least one graduate Engineer supported by necessary technical supervisory staff shall be engaged at site. (Appendix 7)

(viii- Attested copy of the partnership deed if it is partnership firm and registration certificate in case of company, sole proprietorship declaration in case of proprietorship firm. Joint ventures shall not be accepted. (Appendix 8)

(ix- Authority letter, if firm, in favour of the person who has signed the tender document with telephone no. and complete postal address. (Appendix 9)

Envelope No-2 (Price Bid). (a- Price bid duly filled in all respects in the original tender documents. (b- Non-Judicial stamp paper of Rs. 100/- (Rs. One Hundred Only) of UP along with Rs. 1/-

revenue stamp. B. System to open Tenders:

(a- Envelope No-1 containing the Earnest money and pre-qualification document shall be opened first on specified date & time.

(b- Envelope No-2 containing the sealed price bid, of tenders qualified in technical bid, shall be opened on date intimated with two days notice. The quoted rates of various tenders will be read out. Tenderer, desirous to be present, shall be allowed at the time of opening of price bid.

C. BID PRICES i. The Contract shall be for the Whole Works, based on the priced Bill of Quantities

submitted by the Bidder. ii. The Bidder shall adopt the Percentage Rate Method only the same option is allowed

to all the Bidders. Percentage Rate Method requires the bidder to quote a percentage above/below at par of the schedule of rates.

1. SCOPE OF WORK The project involves construction of 100 bedded (Maternity Wing) Hospital Buildings in different Districts of U.P. a) Construction of building with specifications laid under including all material and

labour required, also including the cost of lift elevator. b) External development with external plumbing, drainage, development of park and

parking, external electrification, transformer, D.G. set for common services and for each Hospital, boundary and other development works required within the plot etc.

2. ELIGIBILITY a) Earnest money of the value of Rs. 120.00 Lacs in the shape of NSC/FDR/CDR of

Nationalized bank duly pledged in favour of U.P.Rajkiya Nirman Nigam Ltd., Vibhuti Khand, Gomti Nagar, Lucknow. Or Rs 20 lacs in the shape of Demand draft and rest amount in shape of Bank Guarantee should be enclosed with the tender.

b) Bidder should experienced in the field of construction of projects/hospital buildings

for Govt./P.S.U.s/Reputed Private hospitals buildings. Bidders stationed outside Lucknow shall have to establish an office in Lucknow with the requisite technical and supervisory staff stationed.

c) The contractors must have completed one project of similar nature (Multistoried

Building on RCC Framed structure) each costing not less than 80% of tendered amount. Or Two projects of similar nature (Multi-Storied Building on RCC Framed structure) each costing not less than 50% of tendered amount. Or Three projects of similar nature (Multi-Storied Building on RCC Framed structure) each costing not less than 40% of tendered amount.

Similar project work shall mean multistoried building project including RCC framed structure technology, sanitary and electrical works, lift elevator etc. The intending bidder shall submit certificate of the completion of the work executed by them indicating their in the scope and cost of works. Works executed should be furnished in form of annexure-1 appended with the tender documents.

3. Experience certificate issued by the private firms and private builders shall not be accounted for.

4. The value of Executed works shall be brought to current costing level by enhancing the actual value to work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt of applications for tenders.

a) The minimum annual turnover in any one year should be equal to or more than tendered cost for which bid has been invited, during last five years.

b) The firm should have positive PAT (Profit After Tax) in last three years. c) All the above parameters have to be supported with the audited balance sheet

certified by CA for last five years. d) The applicants not fulfilling the above conditions shall summarily be rejected and

shall not be considered for any further evaluation. e) Bidders who meet the minimum qualification criteria will be qualified only if their

available bid capacity for construction work is equal to or more than the total bid value. The available bid capacity will be calculate as under: Assesses Available bid capacity= (A*N*M-B) where A= Maximum value of civil engineering works executed in any one year during the last five years into taking account the completed as well as works in progress.

N= Number of years prescribed for completion of the works for which bids are invited (period up to 6 months to be taken as half-year and more than 6 months as one year.

M= is taken as 2.5 B= Value, at the current price level, of existing commitments and on-going works to be completed during the period of completion of the works for which bids are invited.

Note:- The statements showing the value of existing commitments and on-going works as well as the stipulated period of completion remaining for each of the works listed should be countersigned by the Engineer-in-charge, not below the rank of an Executive Engineer or equivalent.

5. Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have: a) Made misleading or false representations in the forms, statements, affidavits and

attachments submitted in proof of the qualification requirements; and/or b) Record of poor performance such as abandoning the works, not properly

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

c) Participated in the previous bidding for the same work and had quoted unreasonably high or low bid prices and could not furnish rational justification for it to the Employer.

6. One Bid per Bidder Each Bidder shall submit only one Bid for one work. A Bidder who submits more than one Bid will cause the proposals with the Bidders participation to be disqualified. 7. Pre Bid Meeting:- If Pre-bid meeting is to be held, the bidder or his authorized

representative is invited to attend it, its date, time and venue (address) are given in tender notice. The purpose of meeting will be to clarify issues. The Bidder is required to submit any question in writing so as to reach the Employer not later than three days before meeting. Non-attendance at Pre-bid meeting will be not be a cause for disqualification for a bidder.

8. GENERAL CONDITIONS OF WORK All the work shall be carried out as per detailed C.P.W.D., U.P.P.W.D., U.P. JAL NIGAM, U.P. POWER CORPORATION LTD., M.O.R.T.H (Road Wing) specifications for road and bridge work (third revision 1995) as the case may be, latest circulars and instructions issued time to time as per instructions of Engineer-In-charge and other inspecting officers.

9. EXTENT OF CONTRACT The contract comprises construction and completion of the specified job and the provisions of all labour, materials, T & P etc. and transport, temporary works etc. whether the temporary or permanent in nature required for the construction, completion and maintenance of the works.

10. INSPECTIONS OF THE SITE The bidder (s) must inspect and examine the site of work and its surroundings and satisfy himself/themselves before submitting his/their tender. He/They has/have to make sure of the positions of queries and availability of require material from query mentioned in the specifications, topography of the site availability of labour and material and other amenities before tendering. No claim for additional work or extra work due to any of the above will be allowed.

11. ENTRIES IN TENDER

All entries by the bidder should be in one ink and one hand/on prescribed bill of quantity only. Erasers and overwriting are not permissible. All corrections should be neatly written and signed by the bidder. Rate should be written in figures as well as in words. In case there is any variation, lower rate shall be treated as Tender rate.

12. CONDITIONAL/ INCOMPLETE TENDER Conditional, incomplete, unsigned tenders will not be considered. Only those bidders who supply necessary proof/documents of possession of the required equipments in their bids should be considered as responsive for further evaluation.

13. JOINT VENTURES:- Bids for Joint Ventures are not allowed.

14. DEADLINE FOR SUBMISSION OF BIDS a. Complete bids (including technical and financial) must be received by Employer at

address specified in the Appendix-I (Tender Notice) not later than the date and time indicated in Annexure-I. In the event of specified date for submission of bids being declared a holiday for Employer the bid will be received up to the specified time on next working date.

b. The Employer may extend the deadline for submission of bid by issuing an amendment/addendum in news papers.

15. BID OPENING AND EVALUATION Bid Opening

a) The Employer will open the bids received (accept those received late) in the presence of the Bidder/Bidders representative who choose to attend at the time date and place specified in the appendix. In the event of the specified date for the submission of bids being declared holiday for the Employer, the Bids will be opened at the appointed time and location on the next working day.

b) The envelope containing the Technical bid shall be opened. The envelope marked Cost of Bidding Document downloaded from the Internet will be opened first and if the cost of bidding documents is not there or incomplete the remaining bid documents will not be opened, and bid will be rejected.

c) In all other cases, the amount of Earnest Money, forms and validity shall be announced. Thereafter, the bidders name and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening.

d) Evaluation of the Technical bids with respect to bid security, qualification information and other information furnished in part-1 of the bid in pursuant to eligibility clause as stated above shall be taken up and completed within 10 working days of the date of bid opening, and a list will be drawn up of the responsive bids whose financial bids are eligible for consideration.

e) U.P.R.N.N. shall inform by telegram or fascimal, the bidders whose technical bids are found responsive date, time and place of opening as stated in the Annexure-I. In the event of the specified date being declared a holiday for the Employer, the bids will be opened at the appointed time and location on the next working day through they or their representatives, may attend the meeting of opening of financial bids.

f) At the time of opening of the financial bid the names of the bidders whose bids

were found responsive in accordance with clause c(1-10) of this bid document, will be announced. The financial bids of only these bidders will be opened. The remaining bids will be returned unopened to the bidders. The responsive bidders names the bid prices the total amount of each bid and such other details as the Employer may consider appropriate will be announced by the Employer at the time of bid opening. Any bid price which is not read out and recorded will not be taken into account in bid evaluation.

g) U.P.R.N.N. shall prepare the minutes of the opening of the financial bids. h) Information relating i.e. the examination, clarification, evaluation and comparison

of bids and recommendations for the award of the contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. Any attempt by a bidder to influence the employers processing of bids or award decisions may result in the rejection of his bid.

16. Clarification of bids and contacting the Employer. i) No Bidder shall contact the Employer on any matter relating to its bid from the

time of the bid opening to the time the contract awarded. ii) Any attempt by the bidder to influence the Employers bid evaluation, bid

comparison or contract award decision may result in the rejection of his bid. 17. During the detailed evaluation of Technical bids, the Employer will determine

whether each Bid (a) meets the eligilibility criteria defined in clause c (b) has been properly signed, (c) is accompanied by the required securities, and (d) is substantially responsive to the requirements of the bidding documents. During the detailed evaluation of the Financial Bids, the responsiveness of the bids will be further determined with respect to the remaining bid conditions, i.e., priced bid of quantities, technical specifications and drawings.

18. Substantially responsive Financial Bid is one that confirms to all the terms conditions and specifications of the bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the works, (b) which limits in any substantial way, in consistent with the bidding documents, the Employers rights or the Bidders obligation under the contract, or (c) whose rectification would affect unfairly the competitive position of the bidders representing substantially responsive bids.

19. If a Financial Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the non-confirming deviation or reservation.

20. ADDRESS OF CONTRACTOR The contractor shall give his full permanent postal address. The postal receipt of the letters sent to him on this address shall be considered sufficient proof that they have been delivered to him.

21. ACCEPTANCE OF TENDER

Subject to conditions of bid document, the Employer will award the Contract to the bidder whose Bid has been determined:

i. to be substantially responsive to the bidding documents and who has offered the lowest evaluated Bid price, provided that such Bidder has been determined to be (a) eligible and (b) qualified in accordance with the provisions of bid document.

ii. to be within the available bid capacity adjusted to account for his bid price which is evaluated the lowest in any of the packages opened earlier than the one under consideration.

The department shall have the right to accept or reject any or all the tenders or part thereof, to divide the work in parts without assigning any reason to contractor and no claim whatsoever shall be entertained on this account.

22. AWARD OF CONTRACT The bidder whose Bid has been accepted will be notified of the award by the department prior to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter. This letter (hereinafter called the Letter of Acceptance) will state the sum that the Employer will pay to the contractor in consideration of the execution, completion by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the Contract Price). The notification of award will constitute the formation of the Contract, subject only to the furnishing of a performance security in accordance with the provisions of Security money.

23. SECURITY MONEY Within 10 (ten) days after receipt of the Letter of Acceptance, the successful Bidder shall deliver to the department a Performance Security of 5% (five percent) of Contract Price for the period of one year and the time for completion of works . Additional security money of the value of 5% as security for defect liability period of one year from the date of completion shall be deducted from running bills @ 5%. However no deduction shall be made from running bills if the contractor furnishes security money separately for defect liability period. The security shall be either in the form of Bank Guarantee or fixed deposit Receipts, pledged in favour of U.P.Rajkiya Nirman Nigam Ltd., Vibhuti Khand, Gomti Nagar, Lucknow from a Nationalized Bank. Failure of the successful Bidder to comply with the requirements security money shall constitutes sufficient grounds for cancellation of the award and forfeiture of the Earnest Money. He also be debarred from participating future bids under U.P.Rajkiya Nirman Nigam Ltd., Vibhuti Khand, Gomti Nagar, Lucknow.

24. EXECUTION OF AGREEMENT Successful bidder shall have to execute an agreement on stamp paper of value as applicable, through its authorized representative within a week from date of receipt of acceptance letter/ work order. The Agreement will incorporate all agreements between the Employer and the successful Bidder after the performance security is furnished. Required stamp duty for the contract deed will be borne by the contractor.

25. MOBILIZATION ADVANCE/ADVANCE PAYMENT (i- The Employer will make the following advance payment to the contractor against

provision by the Contractor of an Unconditional Bank Guarantee in prescribed format (as per Appendix-14) by a Nationalized Bank acceptable to the Employer in amounts 110% of the advance payment: a. Mobilization advance up to 5 percent of the contract price will be paid in at

least two installments with interest rate @ 10% P.A. will be charged. The guarantee shall remain effective until the advance payment has been repaid, but the amount of the guarantee shall be progressively reduced by the amounts repaid by the Contractor.

(ii- The advance payment shall be repaid by deducting proportionate amounts otherwise due to the Contractor for the construction work, following the schedule of completed percentage of the work on payment basis. No account shall be taken of the advance payment or the repayment in assessing valuation of work done. Variations. Price adjustments, Compensation events or liquidated damages.

26. RUNNING PAYMENTS Contractor shall be entitled for payment running bills on monthly basis or a lesser period, if required, but not less than 10% of value of contract. The running bills shall be paid within 14 days of submission of bill.

27. TIME OF COMPLETION The entire works to be completed within specified time from the date of issue of work order including rainy season.

28. VARIATIONS a) The Engineer shall, having regard to the scope of the Works and the sanctioned estimated cost, have power to order, in writing, Variations within the scope of the Works he considers necessary or advisable during the progress of the Works. Such Variations shall form part of the Contract and Contractor shall carry them out and include them in updated Programmes produced by the Contractor. Oral orders of the Engineer for various Variations, unless followed by the written confirmation, shall not be taken into account. b) If rates for variation items are specified in Bill of Quantity, the Contractor shall carry out such work at the same rate. This shall apply for variation only up to the limit prescribed in the contract data. If the variation exceeds this limit, the rates shall be derived under the provision of clause- c for quantities (higher or lower) exceeding the deviation limit. iii. If the rates for Variation are not specified in the Bill of Quantities, the Engineer shall derive the rate from similar items in the Bill of Quantities.

c) If the rate for Variation item cannot be determined in the manner specified in Clause a or b, the Contractor shall, within 14 days of the issue of order of variation work, inform the Engineer the rate which he proposes to claim, supported by analysis of the rates. The Engineer shall assess the quotation and determine the rate based on prevailing market rates within one month of the submission of the claim by the Contractor. As far as possible, the rate analysis shall be based on the standard data book and the current schedule of the rates of the district public work division. The decision of the Engineer on the rate so determined shall be final and binding on the Contractor.

29. PROGRAMME AND RETURNS TO BE FURNISHED As soon as practicable, but not later than 7 days after the acceptance of his tender, the contractor shall submit to the Engineer-In-charge for his approval, a time schedule, to carry out works and methodology of carrying out work. The contractor shall whenever required by the Engineer-in-charge, furnish for his information arrangements for carrying out the work. The submission to and approval by Engineer-in-charge of such program or furnishing of such particulars shall not relieve the contractor of any of his duties or responsibilities under the contracts. In addition, the contractor shall have to furnish returns of work done by him, as may be directed by the Engineer-in-charge from time to time.

30. EMPLOYMENT OF LABOUR The contractor shall submit a daily report to the Engineer-in-charge regarding the total labour employed by him for the work and shall be bound to pay wages which shall not less than the wages fixed under Minimum Wages Act.

31. LINE AND LEVELS The contractor shall be solely responsible for setting out the works and for the correctness of the position, levels, dimensions and alignment according to the specification and shall provide all necessary assistance, instruments, pegs, sticks, poles and other materials, required for the purpose. The tender rates shall be deemed to include all this.

32. EXECUTION The contractor shall have to execute various items of works strictly according to the order and time schedule approved by the Engineer-in-charge. Materials will also be tested as per required frequency of tests.

33. TECHNICAL STAFF AT SITE OF WORK The contractor shall have to employ full time technical staff and other supporting staff for supervision of the work of each construction site. Name of the technical staff employed by the contractor shall be intimated in writing to the Engineer-in-charge. Any change of technical staff during the execution of work should be intimated immediately in writing to the Engineer-in-charge.

34. SITE OFFICE The contractor shall establish and maintain a site office under his authorized representative/technical staff. All relevant documents shall be kept in the site office.

35. SITE ORDER BOOK A site order book shall be maintained at the site of work in which instructions shall be given to the contractor as and when necessary. These instructions/orders, shall have to be signed and complied by the Contractor or his authorized representative. The entries in Site Order Book shall be treated as proper notice serving upon the contractor in terms of his Contract.

36. LIGHTING ARRANGEMENT The contractor shall make his own arrangement for lights during the fag end of the day in case the work is likely to be delayed due to unavoidable circumstances.

37. SAMPLES Contractor shall establish laboratory with sufficient arrangement of testing facilities, appliances and laboratory technicians etc. at the site and shall always co-operate in procurement of samples, conduction of tests, as may be directed and no extra payment shall be made for them. Test samples shall be taken carefully in accordance with the I.S.I. method of sampling, no plea shall be entertained on this account. Job Mix Formula for Concrete shall be designed from any reputed authority by the contractor on his cost. In case it is designed by the agency itself it should be checked by third party/ an independent agency.

38. TESTING OF MATERIALS All materials and workmanship shall be of the respective kind described in the contract and in the accordance with Engineer-in-charge instructions and shall be subjected from time to time to the testes mentioned under specifications. The contractor shall provide such assistance, labour and materials as are normally required for examining measuring and testing of the works quantity weight or quality of materials used and shall supply materials, sufficiently in advance for testing as mentioned under specifications. The materials used subsequently for execution of the work shall strictly conform to the quality and sample approved. Necessary test for which facilities are not available locally or at site shall be conducted in the nearest available government controlled Laboratories/Research Institutes, Lucknow or any other reputed technical institution. Cost of such testing and forwarding of sample to the laboratory etc. shall be borne by the contractor and nothing extra shall be paid on this account. Regular quality control test registers shall be maintained by the contractor.

39. ROYALTIES AND TAXES ETC. The contractor shall pay all royalties, license fee, labour cess and other charge at query, octroi duties, custom duties, toll taxes, trade tax, service charge and any other local taxes as may be levied. No passes for octroi or toll levied by local bodies on toll bridges shall be issued by the department. Rate shall inclusive of the same. Nothing extra shall be paid due to fluctuations in the cost of materials, machines bitumen, P.O.L., labour and all types of taxes etc.

40. COMPLIANCE WITH LOCAL BYE LAWS The contractor shall throughout the continuance of the contract and in respect of all matters arising out of performance their off, confirm with all required regulating and bye-laws of the local or other authorities which may be applicable to the works.

41. ROAD TRANSPORT The contractor employing motor vehicles for transport of material shall abide by provisions of the Motor Vehicles Act.

42. SAFETY CODE The contractor must ensure to arrange rigid scaffolding or staging, working platforms, gangways and stairway with safe means of excess shall provide to all working places including Hoisting Machines with proper attachments and regular maintenance with all other safety measures. All necessary personal safety equipments as considered adequate by the Engineer should be kept available for the use of the person employed on the site and maintained in a condition suitable for immediate use, and the contractor should take adequate steps to insure proper use of equipments for those concerns.

43. FIRST AID At every work place there shall be maintained, in readily accessible place, first aid appliance including an adequate supply of sterilized dressings and sterilized cotton wool. The appliance shall be kept in good order and in large work place they shall be readily available during working hours.

44. DAMAGES BY RAINS, ACCIDENTS OR NATURAL CALAMITIES No payment will be made to the contractor for damage caused by rains, accidents or other natural calamities during the progress of work. No claim what so ever shall be entertained on this account. The contractor shall be responsible for all injury to the work or workmen to persons or things and for all damages to the structure. The contractor shall reinstate all damage of every sort mentioned in this clause, so as to deliver the whole of the contract works complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damages to the property or third parties. The contractor shall effect the insurance necessary and indemnify the Employer entirely from all responsibilities in this respect. The insurance must be placed with a company of repute with scope of insurance to include all damages or loss. [

45. DEFAULT OF CONTRACTOR IN COMPLIANCE Constant defiance of the instructions of the Engineer-incharge on the part of the contractor or his authorized agent will make the contract liable to be terminated.

46. TERMINATION 1) The Employer may terminate the Contract if the Contractor causes a fundamental

breach of the Contract. 2) Fundamental breaches of Contract shall include, but shall not be limited to, the

following: a) the contractor stops work for 28 days when no stoppage of work is shown on

the current Programme and the stoppage has not been authorized by the Engineer;

b) the Contractor is declared as bankrupt or goes into liquidation other than for approved reconstruction or amalgamation.

47. CLEARANCE OF SITE ON COMPLETION The contractor shall at all times keep the premises free from accumulated materials or rubbish caused by his employees on the works and on completion of the work, he shall clear away and remove from site all surplus materials, rubbish and temporary work of any kind and fill up borrow pits dug by him. He shall leave whole of the site and work clean and in a workmanlike condition to the entire satisfaction of the Engineer-in-charge.

48. ARBITRATION All disputes or differences of any kind what so ever which shall at any time rise between the parties shall after written notice by either party to the contract to the other of them and to the U.P.R.N.N. herein after mentioned be referred for adjudication to a sole arbitrator to the appointed as herein after provided. For the purpose of appointing the sole arbitrator referred to above, the employer will send within 30 days of receipt of the notice, to the contractor a panel of three names of persons who shall be presently unconnected with the organization for which the work is executed. The contractor shall on receipt of the names as aforesaid; select any one of the persons named to the appointed, as a sole arbitrator and communicate his name to the employer within 30 days of receipt of the name. The employer shall their upon without any delay appoint the set person Sole Arbitrator. If the contractor fails to communicate such selection as provided above within the period specified, the competent authority shall make the selection and appoint the selected person as the Sole Arbitrator. The award of the arbitrator shall be final and binding on both the parties. The fees and other costs, if any, of the arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of the parties. If any dispute arises between parties to the Contract it shall be under the jurisdiction of Civil Court at Lucknow (Procedure for resolution of dispute exist in general conditions of contract clause 25.1 to 25.7).

49. DEFECTS AFTER COMPLETION The contractor shall make good at his own cost and to the satisfaction of the employer all defects, shrinkage, settlements or other faults which may appear within 12 months after completion of the work.

50. ESCALATION The rate quoted shall be FIRM throughout the tenure to the contract (including extension of time, if any, granted) and will not be subject to any fluctuation due to increase in cost of materials, labour, tax, octroi etc.

51. Milestones to be achieved during the contract period a) 1/8th of the value of entire contract work up to th of the

period allowed for completion of construction. b) 3/8th of the value of entire contract work up to of the

period allowed for completion of construction. c) 3/4th of the value of entire contract work up to th of the

period allowed for completion of construction.

52. LIQUIDATED DAMAGES Amount of liquidated damages for For Whole of work 1 percent of the Initial delay in completion of works Contract Price, rounded of to the nearest

thousand, per week. Maximum limit of liquidated damages 10 percent of the Initial Contract Price for delay in completion of work. rounded off to the nearest thousand. The authorized person to make payments is Project Manager or Unit Incharge of Unit.

PROFORMAS FOR TECHNICAL BID

Appendix - 1 I . Details of Earnest money Enclosed (Duly Pledged in favour of U.P.Rajkiya Nirman Nigam Ltd, Vibhuti khand, Gomti Nagar, Lucknow)

1. FDR/NSC/CDR/ No. Date: Name of Issuing Post Office/Bank

2. Bank Guarantee Amount Bank Guarantee no Name and Address of Issuing Branch and Date

Signature of Bidder

Appendix - 2

General Information

1) Name of the firm 2) Address 3) Contact Person

Phone Fax E-mail Cell Phone

4) Place and year of incorporation of the firm 5) Registration No. (copy to be enclosed) 6) Details of registration (State PWD/CPWD/MES)

a) Class b) State c) Date of Registration d) Validity

7) Constitution of the firm (Pvt. Ltd., Public, Proprietary etc.) 8) Name and qualification of the Chief Executive of the firm.

Organization Structure of the Firm

Technical Chief of the Organization

a. Name b. Designation c. Address d. Telephone

Fax E-mail Mobile

e. Qualification f. Experience in years as well as projects (attached C.V) g. Age

Signature of Bidder

Appendix - 3 Details of Projects handled

1) Details of completed projects each with an outlay or more than 80% Tendered cost (i- last five years (2007-08 to 2011-12)

(Furnish in Annexure I) (Completion certificates must be enclosed)

Project/

Work Name

Name of the

Client, Place and

State

Description of Works

Value of Contract

(Rs. In lacs)

Stipulated time of

completion

Actual time of

completion

Remarks, Explain reasons

for delay, if any

2) Details of existing commitments and ongoing projects

(i- 50% of Tendered cost (ii- 40% of Tendered cost

Project/ Work Name

Name of the Client, Place and

State

Value of Contract

(Rs. In lacs)

Stipulated time of

completion

Date of

Start

Date of Completion

Value of Works

Remaining to be

completed

Anticipated time of

completion

Signature of Bidder

Appendix - 4 Format for availability of Credit Facilities BANK CERTIFICATE This is to certify that M/S . is a reputed Company with a good financial Standing. If the contract for the work namely.. .overdraft/Credit facilities to the extent of Rs . to meet their working capital requirements for executing the above Contract. Sign of Bank Manager Name. Address of the Bank Stamp Note:- Certificate should be on the letter head of the Bank.

Appendix - 5 Financial Information 1) Turnover for the last five years (Civil Engineering Works) Sl. No. Year Turnover (Rs. In lacs) Remarks

1 2007-08 2 2008-09 3 2009-10 4 2010-11 5 2011-12 Enclose certificate from the concerned Officer not below the rank of Chief Account Officer/Finance controller in the case of Govt. or from Chartered Accountant in the case of Private Organizations.

2) Permanent Account Number (IT)

3) Service Tax registration number 4) Income Tax clearance certificate

(Enclose copies for the last five years) Signature of Bidder

Appendix - 6 Details of Machinery and Equipment owned

Name of Equipment

Nos. Capacity/Size Age/ Condition

Owned/Leased or to be

Purchased

Signature of Bidder

Appendix- 7

Details of Important Technical Personnel to be provided as in II above

Qualification of technical personnel proposed for the Contract.

Position Name Qualification Years of experience Road

Works Building Works

Other

Signature of Bidder

Appendix- 8 Attested copy of the partnership deed if it is partnership firm and registration certificate in case of company, sole proprietorship declaration in case of proprietorship firm. Joint ventures shall not be accepted.

SIGNATURE OF BIDDER

Appendix- 9 Authority letter, if firm, in favour of the person who has signed the tender document with telephone no. and complete postal address.

SIGNATURE OF BIDDER

Appendix-10 Standard Form of Agreement

Notes on Standard Form of Agreement The Agreement should incorporate any corrections or modifications to the Bid resulting

from correction of errors

Standard Form : Agreement

Agreement

This agreement, made the day of.of 2013.

Unit, U.P.R.N.N.

(hereinafter called the Employer) of the one part, and

------------------------------------

-------------------------------

-------------------------------

[name and address of Contractor] (hereinafter called the Contractor of the other part)

Whereas the Employer is desirous that the Contractor execute the Work of

District- (hereinafter called the Works) and the Employer has accepted the Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein at a cost if Rupees [Rs..only].

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and read and construed as part of this Agreement.

2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all aspects with the provisions of the Contract.

3. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and remedying the defects wherein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and un the manner prescribed by the Contract.

4. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz: i) Letter of Acceptance; ii) Notice to proceed with the works; iii) Contractors Bid; iv) Contract Data; v) Special Conditions of Contract and General Conditions of Contract; vi) Specifications vii) Drawings; viii) Bill of Quantities; ix) Any other document listed in the Contract Data as forming part of the contract.

In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

The Common Seal of

Project Manager/ Unit Incharge

Unit- ..UPRNN

District

Was hereunto affixed in the presence of;

Signed, Sealed and Delivered by the said To,

In the presence of: Assistant Resident Engineer/ Resident Engineer

Binding Signature of Employer authorized representative

Project Manager/ Unit Incharge

Unit- ..UPRNN

District

Binding Signature of Contractor

Appendix-11

Form of Bid Notes on Form of Bid

The Bidder shall fill in and submit this form with the Bid.

..Date

To [Name of Employer] U.P. Rajkiya Nirman Nigam Ltd, Lucknow represented by

Project Manager..Unit

Address

Description of Works.

1. I/We offer to execute the work described above and remedy any defects therein conformity with the condition of contract, specifications, drawings, Bill of Quantity and Addenda for

a) For percentage ratepercentage below/percentage above/at par with the rate entered in the schedules of rate, as referred to in clause C page-4 (Bid Prices) of ITB.

2. We undertake to commence the work on receiving the notice to proceed with work in accordance with the contracts documents.

3. This Bid and your written acceptance of itself constitute a bidding contract between us. We understand that you are not bound to accept the lowest or any bid you receive.

We hereby confirm that this bid complies with the bid ability and earnest money required by the bidding documents and specified in the appendix to ITB.

Authorized Signature:.

Name of Title of Signatory.

Name of Bidder.

Authorized Address of Communication:..

..

.

Telephone No. (s):(office):.

Mobile No :

Facsimile (FAX) No.:.

Electronic Mail Identification (E- Mail ID)...

Appendix-12

OFFICE OF THE PROJECT MANAGER

.Unit,

District..

No.. Dated

LETTER OF ACCEPTANCE

To,

M/s..

This is to notify you that on behalf of the Employers the Project Manager.

.Unit, U.P.R.N.N Ltd.has accepted your bid datedfor

Execution of the District.for the Contract Price of Rs..

(Rs. .only) is hereby accepted by our Agency.

You are hereby requested to furnish Performance Security, in the form detailed in Cl. 23 of ITB for an amount of Rs. ..(Rs. ..)

Within 10 days of the receipt of this letter of acceptance valid up to 45 days from the date of

expiry of Defects Liability Period (i.e. up to ..) and sign the contract, failing

which action as stated in Cl. 23 of ITB will be taken.

Yours faithfully

Project Manager

Unit,

District

No. & Dated as above

Copy of G.M. .for information and necessary action.

Project Manager

Unit,

District

Appendix-13

OFFICE OF THE PROJECT MANAGER .Unit, District

Issue of Notice to proceed with the work

Letter No. Dated

To,

..

Dear Sir,

Pursuant to your furnishing the requisite performance security as stipulated in ITB

Clause and signing of the contract for the construction of

For Distt. ..you are hereby instructed to proceed with

The execution of the said work in accordance with the Contract documents.

Yours faithfully

Project Manager

Unit,

District

Appendix-14

(d) Form of unconditional Bank guarantee for advance payment.

BANK GUARANTEE FOR ADVANCE PAYMENT

To,

Project Manager,

Unit,

District.

Gentiemen :

In accordance with the provisions of general conditions of Contract , clause 45 (Advance Payment) of the above mentioned contract, ..

[Name and addresses of contractor] (hereinafter called the Contractor) shall deposit with

performance under the said clause of the contract in the amount of .[amount of guarantee] [in words].

We, the ..[bank or financial institution], as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to ..[Name of Employer]on his first demand without whatsoever right of objection on our part and without his firstclaim to the contract, in amount not exceeding .[amount of guarantee]* .

We further agree that no change or addition to or other modification of the term of thecontract or of works to be performed there under or of any of the contractor documents whichmay be released us from any liability under this guarantee, and we hereby waive notice of anysuch change, addition or modification.

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

under the contract until [Name of Employer]receives full repayment of the same amount from the Contractor.

Your truly,

Signature and seal : ..

Name of Bank/Financial Institution : .

Addresses :

Date : .

* An amount shall be inserted by the Bank or Financial Institution representing the amount of the advance payment and denominated in Indian Rupees.

Appendix-15 PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT (ON NON JUDICIAL PAPER OF APPROPRIATE VALUE)

Bank Guarantee No. & date.. Guaranteed Amount: Rs.. Date of Expiry: Name of Work: Construction of All weather Swimming Pool Saifai Etawah.

To, U.P. Rajkiya Nirman Nigam Ltd. Vishveshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow. Dear Sir, M/s(Tender Name and Address)..wish to submit their bid for award of work for Construction of All weather Swimming Pool Saifai Etawah. as per prescribed terms and conditions of the tender document, and is due for submission by2013. The Tender conditions require the intending tenderer to submit a sum of Rs. 20 Lacs as DD/CDR/NSC and rest amount in the shape of Bank Guarantee as Earnest Money Deposit. This includes Bank Guarantee executed by Nationalized Bank, on behalf of Intending Tenderer, undertaking full responsibilities to indemnify the U.P. Rajkiya Nirman Nigam Ltd., Lucknow in case of default of the prescribed terms and conditions of the said Tender. M/s(Tender Name and Address)..has, in view of the above, approached us and at their request and in consideration of the promises, we,..(Bank Name) having our office at..(Address)have agreed to give such guarantee as hereunder mentioned:-

1. We (Name of Bank).., do hereby undertake and agree to pay to you, on demand, in such manner as you may direct, full amount of Rs. ......or part thereof, in the event of any default made by M/s..(Tender Name and Address)..in performing any of the terms and conditions of the tender and against any loss or damage caused to or suffered or would be caused to or suffered by the U.P.Rajkiya Nirman Nigam Ltd, Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow by reason of any breach of the terms and conditions of the tender referred above.

2. We (Name of Bank)., do hereby undertake to pay the amounts due and payable under the Guarantee without any demur, merely on demand from the U.P.Rajkiya Nirman Nigam Ltd, Lucknow stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Nigam by reason of breach by the said bidder of any of the terms and conditions submitted by the bidder or by reason of failure to perform the said commitment. Any such demand made of the Bank shall be conclusive with regard to the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. .. .

3. We undertake to pay the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow any money so demanded not withstanding any dispute or disputes raised by the bidder in any suit or proceeding pending before any court or tribunal relating thereto or liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment thereunder and the bidders shall have no claim against us for making such payment.

4. We (Name of Bank)., further agree that guarantee herein contained shall remain in full force and effect during the specified period that would be taken for the performance of the said commitment and for any liability which may arise during its legal validity. It shall continue to be enforceable till all the dues of the Government under or by virtue of the said commitment have been fully paid and its claims satisfied or discharged or till U.P.Rajkiya Nirman Nigam Ltd, Gomti Nagar, Lucknow certifies that the Terms & Conditions of the said commitment have been fully and properly carried out by the said bidder and accordingly discharges this guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before.., we shall be discharged from all liabilities under this guarantee thereafter.

5. We (Name of Bank)., further agree, that the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow shall have fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary the Terms & Conditions of the said Tender Enquiry or to extend time of performance by the said bidder from time to time or to postpone for any time or from time to time any of the powers exercisable by the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow against the said bidder and to forbear or enforce any of the Terms & Conditions relating to the said Tender Enquiry and we shall not be relieved from our liability by reason of such variations or extensions being granted to the said bidder or for any forbearance, act or omission on the part of U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow or any indulgence by the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow with the said bidder or any such matter or thing whatsoever which under the law relating to sureties would, but for the provision, have effect of so relieving us.

6. The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or changes in the constitution or insolvency of the said bidder but shall in all respects and for all purposed be binding and operative until payment of all money due to you in respect of such liabilities is paid.

7. This guarantee will not be discharged due to the change in constitution of Bank.

8. We (Name of Bank)., lastly undertake not to revoke this guarantee during the currency except with the previous consent of the U.P.Rajkiya Nirman Nigam Ltd,Visheshwariya Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow in writing.

Yours faithfully,

Bank By its Constituted Attorney

Signature of a person duly authorized to sign On behalf of the Bank.

Dated:.

General Conditions of Contract

A. General 1. Definitions 1.1 Terms

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.

Compensation Events are those defined in Clause 40 hereunder.

The Completion Date is the date of completion of the Works as certified by the Engineer, in accordance with Clause 48.1

The Contractor is a person or corporate body whose Bid to carry out the Works, including routine maintenance, has been accepted by the Employer.

The Contractors Bid is the completed bidding document submitted by the Contractor to the Employer.

The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract.

Days are calendar days, months are calendar months.

A Defect is any part of the Works not completed in accordance with the Contract.

The Defects Liability Certificate is the certificate issued by Engineer, after the Defect Liability Period has ended and upon correction of Defects by the Contractor.

The Defects Liability Period is one years calculated from the completion Date.

Drawings include calculations and other information provided or approved by the Engineer for the execution of the Contract.

The Employer is U.P.R.N.N., who employs the Contractor to carry out the Works, including routine maintenance. The Employer may delegate any or all functions to a person or body nominated by him for specified functions.

The Engineer is the person/ any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Engineer who is responsible for supervising the execution of Works and administering the Contract.

Equipment is the Contractors machinery and vehicles brought temporarily to the site to construct the Works.

The Initial Contract Price is the Contract Price listed in the Employers Letter of Acceptance.

The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date may be revised only by the Engineer by issuing an extension of time. Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works.

Plant is any integral part of the Works that shall have a mechanical, electrical, electronic, chemical, or biological function.

The Site is the area defined as such in the Contract.

Site Investigation Reports are those that were included in the bidding documents and are reports about the surface and subsurface conditions at the Site.

Specifications means the Specification of the Works included in the Contract and any modification or the addition made or approved by the Engineer.

The Start Date is given in the Contract. It is the date when the Contractor shall commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.

A Sub-Contractor is a person or corporate body who has a Contractor to carry out a part of the construction work in the Contract, which includes work on the Site.

Temporary Works are works designed, constructed, installed and removed by the Contractor that are needed for construction or installation of the Works.

A Variation is an instruction given by the Engineer, which varies the Works.

The Works, as defined in the Contract Data, are what the Contract requires the Contractor to construct, install, maintain and turn over to the Employer. Routine maintenance is defined separately. 2. Interpretation 2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Engineer will provide instructions clarifying queries about these Conditions of Contract. 2.2 If sectional completion is specified in the Contract Data, references in the Conditions of Contract to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works). 2.3 The documents forming the Contract shall be interpreted in the following order of priority:

1) Agreement, 2) Notice to Proceed with the Work, 3) Letter of Acceptance, 4) Contractors Bid, 5) Special Conditions of Contract Part II, 6) General Conditions of Contract Part I, 7) Specifications, 8) Drawings, 9) Bill of Quantities, and 10) Any other document listed in the Contract Data.

3. Language and Law 3.1 The language of the Contract and the law governing the Contract are stated in the Contract Data.

4. Engineers Decision 4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters between the Employer and the Contractor in the role representing the Employer. However, if the Engineer is required under the rules and regulations and orders of the Employer to obtain approval of some other authorities for specific actions, he will so obtain the approval. 4.2 Except as expressly stated in the Contract, the Engineer shall not have any authority to relieve the Contractor of any of his obligations under the contract.

5. Delegation 5.1 The Engineer, with the approval of the Employer, may delegate any of his duties and responsibilities to other people, after notifying the Contractor, an d may cancel any delegation after notifying the Contractor.

6. Communications 6.1 All Certificate, notices or instructions to be given to the contractor by the Employer/ Engineer shall be sent on the address or contact details given by the contractor in section 6- Form of Bid. The address and contact details for communications with the Employer/Engineer shall be as per the details given Contract Data to GCC. Communications between parties that are referred to in the conditions shall be in writing. The Notice sent by facsimile (fax) or other electronic means shall be effective on confirmation of the transmission. The Notice sent by Registered post or Speed post shall be effective on delivery or at the expiry of the normal delivery period as undertaken by the postal service. 7. Subcontracting 7.1 The contractor may subcontract part of the construction work with the approval of the Employer in writing, upto 25% of the contract price but will not assign the Contract. Subcontracting shall not alter the contractors obligations. 7.2 Beyond what has been stated in clauses 7.1, if the contractor proposes sub contracting any part of the work during execution of the works, because of some unforeseen circumstances to enable him to complete the work as per terms of the contract, the Employer will consider the following before according approval: a) The Contractor shall satisfy himself before recommending to the employer whether b) The Contractor shall not sub-contract any part of the work without prior consent of the Employer. Any such consent shall not relieve the contractor from any liability or obligation under the contract and he shall be responsible for the acts, defaults and neglects of any his sub-contractor, his agents or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents and workmen.

7.3 The Engineer should satisfy himself before recommending to the Employer whether a) The circumstances warrant such sub-contracting: and b) The sub-contractor so proposed for the work possess the experience, qualification and equipment necessary for the job proposed to be entrusted to him in proportion of the Quantum of works to be sub-contracted.

8. Other Contractors 8.1 The contractor shall co-operate and share the site with other contractors. Public authorities utilities, and the employer between the dates given in the schedule of other contractors, as referred to in the contract data. The contractor shall also provide facilities and services for them as described in the schedule. The employer may modify the schedule of other contractor, and shall notify the contractor of any such modification. 8.2 The contractor should take up the work in convenient reaches as decided by the Engineer to ensure there is least hindrance to the smooth flow of traffic including movement of vehicles and equipment of other contractors till the completion of the works.

9. Personnel 9.1 The contractor shall employ for the construction work and routine maintenance the technical personnel named in the Contract Data or other technical persons approved by the Engineer. The Engineer will approve any proposed replacement of technical personnel only if their relevant qualifications and abilities are substantially equal to or better than those of the personnel stated in the Contract Data. 9.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractors staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the Works in the Contract. 9.3 The Contractor shall not employ any retired Gazetted officer who has worked in the Engineering Department of the State Government and has either not completed two years after the date of retirement or has not obtained State Governments permission to employment with the Contractor.

10. Contractors Risks 10.1 The Employer carries the risks which this Contract states are Employers risks, and

the Contractor carries the risks that this Contract states are Contractors risks.

11. Employers Risks 11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly affect the execution of the Works in the Employers country, the risks of war, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless restricted to the Contractors employees), natural calamities and contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a cause due solely to the design of the Works, other than the Contractors design.

12. Contractors Risks 12.1 All risks of loss or damage to physical property and of personal injury and death which arise during and in consequence of the performance of the Contract other than the excepted risks, referred to in clause 11.1, are the responsibility of the Contractor.

13. Insurance 13.1 The Contractor at his cost shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the date of completion, in the amounts and deductibles stated in the Contract Data for the following events which are due to the Contractors risks.

a) loss of or damage to the Works, Plant and Materials; b) loss of or damage to equipment; c) loss of or damage to property (except the Works, Plants, Materials and Equipment) in

connection with the Contract; and d) Personal injury or death.

13.2 Insurance policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the Engineers approval before the completion date/ Start Date. All such insurance provide for compensation to be payable in Indian Rupees to rectify the loss or damage incurred. 13.3 (a) The contractor at his cost shall also provide, in the joint names of the Employer and the Contractor, insurance cover from the date of completion to the end of defect liability period, in the amounts and deductibles stated in the Contract Data for the following events which are due to the Contractors risks. (b) Personal injury or death. 13.4 Insurance policies and certificates for insurance shall be delivered by the Contractor to the Engineer for the Engineers approval before the completion date/Start date. All such insurance shall be provide for compensation to be payable in Indian Rupees. 13.5 Alterations to the terms of insurance shall not be made without the approval of the Engineer. 13.6 Both parties shall comply with any conditions of the insurance policies.

14. Site Investigation Reports 14.1 The Contractor, in preparing the Bid, may rely on any Site Investigation Reports referred to in the Contract Data, supplemented by any other information available to him, before submitting the bid.

15. Queries about the Contract Data 15.1 The Engineer will clarify queries on the Contract Data.

16. Contract to Construct the Works 16.1 The Contractor shall construct, and install and maintain the Works in accordance with the Specifications and Drawings. 16.2 The Contractor shall construct the works with intermediate technology, i.e., by manual means with medium input of machinery required to ensure the quality of works ae per specifications. The contractor shall deploy the equipment and machinery a given in Contract Data.

17. The Works to be Completed by the Intended Completion Date 17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Programme submitted by the Contractor, as updated with the approval of the Engineer, and complete them by the Intended Completion Date.

18. Approval by the Engineer 18.1 The contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Engineer, who is to approve them. 18.2 The contractor shall be responsible for design of Temporary Works. 18.3 The Engineers approval shall not alter the Contractors responsibility for design the Temporary works. 18.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, where required. 18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the Engineer before their use.

19. Safety 19.1 The Contractor shall be responsible for the safety of all activities on the Site. 20. Discoveries 20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site shall be the property of the Employer. The Contractor shall notify the Engineer of such discoveries and carry out the Engineers instructions for dealing with them.

21. Possession of the Site 21.