Government of PWD B&R DEPARTMENT

TERM OF REFERENCE DOCUMENTS

FOR

BALANCE CONSULTANCY WORK i.e. PREPARATION OF DETAILED DESIGNING, PREPARATION OF WORKING DRAWINGS, REVISED DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS IF ANY FOR ROB TO BE CONSTRUCTED AT L/C 139-C ON NARWANA SAMAIN ROAD ( C.M. ANNOUNCEMENT NO. 17981 DATED 18.12.2016) ON RISK & COST OF M/s TECH PECIFIC STRUCTURAL CONSULTANCE, MOHALI.

CONTRACT NO: ______

Serial Date of Issue_ No. ……….. – ……………..

Name of Agency to whom______Issued ______

Signature of Officer Issuing The Document______

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

Contractor Witness Executive Engineer 1 GOVERNMENT OF HARYANA PWD B&R DEPARTMENT

Name Of Work : BALANCE CONSULTANCY WORK i.e. PREPARATION OF DETAILED DESIGNING, PREPARATION OF WORKING DRAWINGS, REVISED DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS IF ANY FOR ROB TO BE CONSTRUCTED AT L/C 139-C ON NARWANA SAMAIN ROAD ( C.M. ANNOUNCEMENT NO. 17981 DATED 18.12.2016) ON RISK & COST OF M/s TECH PECIFIC STRUCTURAL CONSULTANCE, MOHALI

Last date and time of receipt : ______20:01Hrs. to ______upto 17:00 Hrs. of bids

Time and date of opening of : ______9:00 Hrs. to ______17:00 Hrs. Bids

Name of Officer to whom bids are to be submitted

Place of opening of bids O/o Executive Engineer Provincial. Division, PWD B&R Br., Narwana .

Officer inviting bids O/o Executive Engineer Provincial. Division, PWD B&R Br., Narwana . .

Contractor Witness Executive Engineer 2

CONTENTS

Sr. Section Description Pages No. 1. Section 1 Notice to invite Financial Bid 4 11

2. Section 2 Instructions to Tenderers/ Bidders 12 14

3. Section 3 Condition of contract 15 31

4 Section 4 Technical Perposal format 32 33

5 Section 5 Financial bid format 34 37

6 Section 6 Forms of Securities & Agreement 38 43

7. Section 7 Sketches of available level crossings 44 45

Contractor Witness Executive Engineer 3

SECTION – 1

NOTICE FOR INVITING FINANCIAL BIDS

Contractor Witness Executive Engineer 4 PRESS NOTICE

Haryana PWD (B&R) No. ____/PWD Dated: ______Notice Inviting Tenders

The Governor of Haryana invites the bids from eligible bidders as empanelled by PWD B&R / HSRDC through online bids in the website: https://haryanaeprocurement.gov.in for the work detailed in the table.

Package Name of work Approximate Bid Time Cost of Date and time No. value of Securit Limit documen for bid t (Rs.) work(Rs.) y (Rs.) preparation to Hash Submission 1. BALANCE CONSULTANCY Rs.07.00 Lacs. Rs. One Rs. 29.05.2020 at 20:01 20,000/- Month 1,000/- Hrs to WORK i.e. PREPARATION OF ______18.06.2020___ DETAILED DESIGNING, upto 17.00 Hrs. PREPARATION OF WORKING DRAWINGS, REVISED DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS IF ANY FOR ROB TO BE CONSTRUCTED AT L/C 139-C ON NARWANA SAMAIN ROAD ( C.M. ANNOUNCEMENT NO. 17981 DATED 18.12.2016) ON RISK & COST OF M/s TECH PECIFIC STRUCTURAL CONSULTANCE, MOHALI

1. The tenders will be received only through E-tendering for further details visit website http://etenders.hry.nic.in

2. Cost of bid document (to be paid only online) is Rs. 1,180/- (non-refundable) for each bid

3. For further details and e-tendering schedule visit website http://etenders.hry.nic.in

For & on behalf of Governor of Haryana

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

Contractor Witness Executive Engineer 5

SECTION 1 NOTICE INVITING TENDER (NIT)

1. The Governor of Haryana invites the item rate bids through online bids in the website: http://etenders.hry.nic.in for each of the following works from the eligible contractors.

District Name of the work Estimated Period of Bid Security cost (Rs. in Completion (Rs. in Lacs) lacs) 1 3 4 5 6 BALANCE CONSULTANCY WORK i.e. Rs. 7.00 lacs 01 Month Rs.20000/- for PREPARATION OF DETAILED DESIGNING, Consultant PREPARATION OF WORKING DRAWINGS, REVISED DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS IF ANY FOR ROB TO BE CONSTRUCTED AT L/C 139-C ON NARWANA SAMAIN ROAD ( C.M. ANNOUNCEMENT NO. 17981 DATED 18.12.2016) ON RISK & COST OF M/s TECH PECIFIC STRUCTURAL CONSULTANCE, MOHALI

2. Date of release of Invitation for Bids through e-procurement: 29.05.2020 (dd/mm/yyyy) 3. Cost of Bid Form: Rs .1000/- per package (non-refundable) only online 4. Availability of Bid document and mode of submission: The tender shall be submitted by the tenderer in the following three separate envelops: 1. Earnest Money/ Bid Security/ - Cover ‘BS’ (Online ) Tender document fee 2. N.I.T. and Technical Bid - Cover ‘T I’(online) 3. Tender in Form – A (Price Bid) - Cover ‘C I’(online)

Note: Online Bidders are required to submit the BS online – ‘BS’. Price Bids and Technical Bid are to be submitted mandatory online and shall not be accepted in any physical form. Reference of the BS is to be mentioned online.

Above envelop, as applicable, shall be kept in a big outer envelope, which shall also be sealed, In the first instance, the Envelop – ‘BS’ of all the Bidders containing the Bid Security shall be opened online and physically. If the Bid Security / Earnest Money and tender document fee are found proper, Technical Bid shall be opened (online) in the presence of such contractors who choose to be present. The Financial Offer in Cover in ‘CI’ shall be opened (online) only if the tenderers meet the qualification criteria as per Contractor Witness Executive Engineer 6 the Bid document. The date of opening of Financial Bid shall be fixed at the time of opening of Technical Bid.

The Contractual Agencies will submit the necessary documents as under. Cover ‘BS’ – Bid Security Cover. Physical BS Envelop / Cover – The Bid Security will have to be in any one of the forms as specified in the bidding document. Tender document fee in the form of Demand draft.

Online BS Cover —Reference details of the Bid Security instrument and scanned copy of the Bid Security. Reference details of the tender document fee and scanned copy. In case Financial bid is submitted but Bid Security or Tender Document Fee or both has not been submitted or submitted after due date & time by any bidder, then bidder would be debarred from further tendering in Haryana PWD (B&R) for a period of minimum 1 year.

Exemption of tender document fees of the Contractors / Agencies:

1. “Single tender shall normally not be considered unless there are special circumstances to do so. In such eventuality, decision to accept the single tender shall be as prescribed in the rules. If special circumstances are not present, tenders shall be re- called. If re-tendering again results in a single tender, its acceptance may be considered with proper justification and reasons”

2. Those bidders shall not be required to pay tender document fees, who choose to submit bids again on tender being re-called on account of single tender / bid being received on first call. 5. Submission of Original Documents: Willing Contractors shall have to pay the e- Service Fees of Rs. 1180/- in favor of ‘Society for IT initiative fund for e – Governance through Debit Cards & Internet Banking Accounts are required to be paid online directly through Internet Baking Accounts. Tender document fee and bid security has to be submitted in a separate sealed BS Cover /Envelop. The Bid Security / earnest money will have to be in any one of the form as specified in the bidding document and Tender document fee in the form of online. The BS envelop has to reach in the office of Executive Engineer, Provincial Division Narwana / Superintending Engineer, Hr. PWD (B&R) Br. Kaithal on or before ------, 13.00 Hrs. However, as the details of the Bid Security and Tender document fee are required to be filled at the time of Bid Preparation and Submission stage, the Bidders are required to keep the BS ready appropriately.

6. Last Date/ Time for receipt of bids through e-tendering: 18.06.2020 ______(dd/mm/yyyy) up-to 17:00 Hrs. (time)

7. The site for the work is available. 8. Only online submission of bids is permitted, therefore; bids must be submitted online on website http://etenders.hry.nic.in. The technical qualification part of the bids will be opened online at Narwana Division, PWD B&R Br. Narwana_on 19.06.2020 at 11:00 hrs.by the authorized officers. If the office happens to be closed on the date of opening of the bids as specified, the bids will be opened Contractor Witness Executive Engineer 7 online on the next working day at the same time. 9. Deleted. 10. The bid for the work shall remain open for acceptance during the bid validity period to be reckoned from the last date of ‘Online submission of BS. If any bidder/ renderer withdraws his bid/ tender before the said period or makes any modifications in the terms and conditions of the bid, the earnest money shall stand forfeited. Bids shall be valid for 120 days from the date of bid closing i.e. from last date of Online submission of EMD. In case the last day to accept the tender happens to be holiday, validity to accept tender will be the next working day. 11. Bidders may bid for any one or more of the works mentioned in the Table above. To qualify for a package of contracts made up of this and other contracts for which bids are invited in the same NIT, the bidder must demonstrate having experience and resources sufficient to meet the aggregate of the qualifying criteria for the individual contracts. 12(i) Other details can be seen in the bidding documents. The Employer shall not be held liable for any delays due to system failure beyond its control. Even though the system will attempt to notify the bidders of any bid updates, the Employer shall not be liable for any information not received by the bidder. It is the bidders’ responsibility to verify the website for the latest information related to the tender.

ii. DNIT& Prequalification criteria can be seen on any working day during office hours in office of the undersigned.

iii. Conditional tenders will not be entertained & are liable to be rejected.

iv. In case the day of opening of tenders happens to be holiday, the tenders will be opened on the next working day. The time and place of receipt of tenders and other conditions will remain unchanged.

v. The undersigned reserve the right to reject any tender or all the tenders without assigning any reason.

vi. The societies shall produce an attested copy of the resolution of the Co-Operative department for the issuance of tenders. vii. The tender without earnest money / bid security / tender document fee will not be opened. viii. The jurisdiction of court will be at Narwana. ix. The tender of the bidder who does not satisfy the qualification criteria in the bid documents are liable to be rejected summarily without assigning any reason and no claim whatsoever on this account will be considered.

For & on behalf of Governor of Haryana.

Executive Engineer Provincial Division, PWD B&R Branch, Narwana

Contractor Witness Executive Engineer 8

Endst. No. Dated : Copy of the following for the information and wide publicity. 1. Executive Director, HSRDC, Panchkula. 2. Superintending Engineer, Kaithal Circle PWD B&R Branch, Kaithal. 3. Deputy Commissioner, Jind. 4. Notice Board. 5. All the XEN except Mech./Elect. In Haryana. 6. Assistant Registrar Jind. 7. Sub Divisional Engineer in Provincial Sub Division No.I, Narwana//Kalayat. 8. Head Draftsman/D.A.O./ Dy. Supdt. Provincial Division PWD B&R Branch, Narwana. 9. All the approved Consultants of PWD B&R /HSRDC appropriate class. 10. M/s Tech Pecific Structural Consultance , Mohali.

DA/ NIL Executive Engineer Provincial Division, PWD B&R Branch, Narwana

Contractor Witness Executive Engineer 9

D. ONLINE SUBMISSION OF BIDS 19. Bidding through E-Tendering System Instructions to bidder on Electronic Tendering System

These conditions will over-rule the conditions stated in the tender documents, wherever relevant and applicable. 19.1 Registration of bidders on eProcurement Portal:- All the bidders intending to participate in the tenders processed online are required to get registered on the centralized e - Procurement Portal i.e. http://etenders.hry.nic.in. Please visit the website for more details. 19.2 Obtaining a Digital Certificate: 19. 2.1 The Bids submitted online should be encrypted and signed electronically with a Digital Certificate to establish the identity of the bidder bidding online. These Digital Certificates are issued by an Approved Certifying Authority, by the Controller of Certifying Authorities, Government of . 19.2.2 A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant’s PAN Card) and Address proofs and verification form duly attested by the Bank Manager / Post Master / Gazetted Officer. Only upon the receipt of the required documents, a digital certificate can be issued. For more details please visit the website – http://etenders.hry.nic.in. 19.2.3 The bidders may obtain Class-II or III digital signature certificate from any Certifying Authority or Sub-certifying Authority authorized by the Controller of Certifying Authorities or may obtain information and application format and documents required for the issue of digital certificate from. 19.2.4 The bidder must ensure that he/she comply by the online available important guidelines at the portal http://etenders.hry.nic.in for Digital Signature Certificate (DSC) including the e-Token carrying DSCs. 19.2.5 Bid for a particular tender must be submitted online using the digital certificate (Encryption & Signing), which is used to encrypt and sign the data during the stage of bid preparation. In case, during the process of a particular tender, the user loses his digital certificate (due to virus attack, hardware problem, operating system or any other problem) he will not be able to submit the bid online. Hence, the users are advised to keep a backup of the certificate and also keep the copies at safe place under proper security (for its use in case of emergencies).

19.2.6 In case of online tendering, if the digital certificate issued to the authorized user of a firm is used for signing and submitting a bid, it will be considered equivalent to a no-objection certificate/power of attorney /lawful authorization to that User. The firm has to authorize a specific individual through an authorization certificate signed by all partners to use the digital certificate as per Indian Information Technology Act 2000. Unless the certificates are revoked, it will be assumed to represent adequate authority of the user to bid on behalf of the firm in the department tenders as per Information Technology Act 2000. The digital signature of this authorized user will be binding on the firm.

19.2.7 In case of any change in the authorization, it shall be the responsibility of management / partners of the firm to inform the certifying authority about the change and to obtain the digital

Contractor Witness Executive Engineer 10 signatures of the new person / user on behalf of the firm / company. The procedure for application of a digital certificate however will remain the same for the new user.

19.2.8 The same procedure holds true for the authorized users in a private/Public limited company. In this case, the authorization certificate will have to be signed by the directors of the company.

19.3 Pre-requisites for online bidding:

In order to bid online on the portal http://etenders.hry.nic.in, the user machine must be Java JRE 8 Update 151(32 bit), 161(32 but), 171(32 but), 181(32 bit), 191(32 bit), 201(32 bit) & DC setup and Internet explorer 10 and above / Mozilla Firefox 46.01 Version only. The link for downloading Java JRE 8 & DC setup are available on the Home page of the e-tendering Portal. 19.4 Online Viewing of Detailed Notice Inviting Tenders: The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders floated through the single portal eProcurement system on the Home Page at http://etenders.hry.nic.in 19.5 Download of Tender Documents: The tender documents can be downloaded free of cost from the eTendering portal http://etenders.hry.nic.in 19.6 Key Dates: The bidders are strictly advised to follow dates and times as indicated in the online Notice Inviting Tenders. The date and time shall be binding on all bidders. All online activities are time tracked and the system enforces time locks that ensure that no activity or transaction can take place outside the start and end dates and the time of the stage as defined in the online Notice Inviting Tenders. 19.7 Online Payment of eService fee & Bid Preparation & Submission (PQQ/ Technical & Commercial/Price Bid): i) Online Payment e-Service fee: The online payment for eService fee can be done using the secure electronic payment gateway by bidders/ Vendors online directly through Debit Cards & Internet Banking Accounts. The secure electronic payments gateway is an online interface between contractors and Debit card / online payment authorization networks. However, Bid Security and tender document fee have to be submitted in a separate sealed BS Cover /Envelop. The Bid Security / earnest money will have to be in any one of the form as specified in the bidding document and tender document fee in the form of Demand draft. The details of the EMD and tender document fee are required to be provided/uploaded through scan copies at the time of online Bid Preparation & submission Stage. ii) PREPARATION & SUBMISSION Of online APPLICATIONS/BIDS: Detailed Tender documents may be downloaded from e-procurement website (http://etenders.hry.nic.in) and tender mandatorily be submitted online. Scan copy of Documents to be submitted/uploaded for Prequalification or Technical bid under online PQQ/ Technical Cover: The required documents (refer to DNIT) shall be prepared and scanned in different file formats (in PDF /JPEG/MS WORD format such that file size is not exceed more than 10 MB) and uploaded during the on-line submission of PQQ or Technical Cover. FINANCIAL or Price Bid PROPOSAL shall be submitted mandatorily online in the Excel Format under Commercial Cover and original not to be submitted manually) Contractor Witness Executive Engineer 11 19.8.1 ASSISTANCE TO THE BIDDERS:-

In case of any query regarding process of etenders and for undertaking training purpose, the intended bidder can also avail the following and can contact service provider as per below:

Office Timings of Help-desksupport for Single eTender Portal of Government of Haryana- Technical Support Assistance will be available over telephone Monday to Friday (09:00 am. To 5:00 pm) 0172-2700275 also contact to help desk team of Delhi (24 x 7) as given below 0120-4001002 0120-4200462 0120-4001005 0120-6277787 All queries would require to be registered at our official [email protected] and support- [email protected] (only those queries which are sent through email along with appropriate screen shots or error description will be considered as registered with the Help-desk)

Important Note:-

(a) Any intending bidder can contact the helpdesk on or before prior to 4 hours of the scheduled closing date & time of respective e-Auction/Tender event. (b) For queries pertaining to e-Payment, please contact the help desk atleast 2 business days prior to the closing date& time of e-Auction/Tender event. (c) Help-desk support will remain closed during lunch break i.e. from 1:30 PM upto 2:15 PM on each working day. Haryana eTender Help Desk Office will remain closed on Saturday, Sunday and National Holidays. NOTE:- Bidders participating in online tenders shall check the validity of his/her Digital Signature Certificate before participating in the online Tenders at the portal http://etenders.hry.nic.in. For help manual please refer to the ‘Home Page’ of the e-Tender website at http://etenders.hry.nic.in.

20. Deadline for Submission of Bids 20.1 Complete Bids in two parts as per clause 19 above must be submitted by the Bidder online not later than the date and time indicated in the Appendix to ITB. 20.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 10.3 of ITB. In such case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline. 21. Late Bids 21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 will be returned unopened to the bidder.

21.2. However, if the subsequent offer even from a non-tenderer, who satisfies the qualification criteria as provided in the bid document, (received within one week of the previous offer and before the decision of the contract) is not just marginally but significantly favourbale to the Government (to the extent of 5% of the lowest tender amount in case of works costing more than Rs. 5 crore, 10% in case of works more than Rs. 1 crore but less than Rs. 5 crore, 20% in case of

Contractor Witness Executive Engineer 12 works more than Rs. 5 lacs but less than Rs. 1 crore and 30% in case of works less than 5 lacs or any other limits as decided by Government from time to time) then the subsequent offer can be considered provided the bidder deposits the bid security and unconditional bank guarantee for the difference of the amount between the offer of the lowest agency and the subsequent fresh offer. In that case, short notice fresh sealed bids shall be invited, with special invitation to the previous participants including the subsequent bidder mentioned above, but with the stipulation that the subsequent bidder shall not bid higher than his previous offer, otherwise his bid security and bank guarantee shall be forfeited. Tender shall be allotted to the lowest valid bid received”. The subsequent offer must be accompanied by the pre-qualification information showing his eligibility failing which the offer shall not be considered. 21.3 No bid shall be modified or withdrawn after the deadline of submission of bids. 21.4 Withdrawal or modification of a bid between the deadline for submission of bids and the expiration of the original period of bid validity specified in clause 15.1 above or as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid Security pursuant to Clause 16. E. Bid Opening and Evaluation

22. Bid Opening 22.1 The Employer inviting the bids or its authorised representative will open the bids online in the presence of the bidders or their representatives who choose to attend at time, date and the place specified in Appendix to ITB. In the event of the specified date for the Opening of bids being declared a holiday for the Employer, the Bids will be opened at the appointed time and location on the next working day. 22.2 The file containing the Part-I of the bid will be opened first. 22.3 The Cover ‘TI’ containing “Technical Bid” shall be opened. The amount, form and validity of the cost of bidding document and bid security furnished with each bid will be announced. If the cost of bidding document and bid security furnished does not conform to the amount and validity period as specified in the Invitation for Bid, and has not been furnished in the form specified in Clause 16, the remaining technical bid will not be opened and will be disqualified for opening of financial bid. 22.4 The Employer will also prepare minutes of the Bid opening, including the information disclosed in accordance with Clause 22.3 of ITB. 22.5

(i) Subject to confirmation of the bid security by the issuing Bank, the bids accompanied with valid bid security will be taken up for evaluation with respect to the Qualification Information and other information furnished in Part I of the bid pursuant to Clause 12.1.

(ii) The technical bid will be evaluated on the basis of the documents submitted online by the bidder and no modification of his technical bid will be sought from the bidder. No cognizance of the documents submitted subsequently by the bidder on his own regarding his technical bid shall be taken. However, clarification can be sought upto the extent of clearing any doubt the documents already submitted online.

(iii) The bidders will respond in not more than 7 days of issue of the clarification letter, which will also indicate the date, time and venue of opening of the Financial Bid (usually on the 21st day of opening of the Technical Bid)

Contractor Witness Executive Engineer 13 (iv) Immediately (usually within 3 or 4 days), on receipt of these clarifications the Evaluation Committee will finalize the list of responsive bidders whose financial bids are eligible for consideration.

22.6 Deleted. 22.7 (a) The Employer shall inform and communicate the reasons for rejection of Part-I of the bid (Technical bid) to the bidders who have been disqualified on the basis of the evaluation of technical bid. After communicating the reasons of rejection, the employer shall wait for 7 days before opening the financial bid of the qualified bidders so as to give the disqualified bidders and opportunity to avail, if they so desire, any remedy available under the Law.

22.7 The Employer shall inform the bidders, who have qualified during evaluation of Part I of bids, of the date, time of online opening of Part II of the bid, if the specified date of opening of financial bid is changed. 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.

22.8 Part II (Financial Bid) of bids of only those bidders will be opened online, who have qualified in Part I of the bid. The bidders’ names, the Bid prices, the total amount of each bid, and such other details as the Employer may consider appropriate will be notified by the Employer at the time of bid opening.

22.9 The Employer shall prepare the minutes of the online opening of Part-II of the Bids.

23. Process to be Confidential

23.1 Information relating to the examination, clarification, evaluation, and comparison of bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any attempt by a

Bidder to influence the Employer’s processing of bids or award decisions may result in the rejection of his Bid 24. Clarification of Bids and Contacting the Employer

24.1 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 is awarded except as specified in clause 24.3 here under. If the bidder wishes to bring additional information to the notice of the Employer, it should do so in writing. 24.2 Any attempt by the bidder to influence the Employer’s bid evaluation, bid comparison or contract award decision may result in the rejection of his bid. 24.3 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, but no change in the price or substance of the Bid shall be sought, offered, or permitted. 25. Examination of Bids and Determination of Responsiveness 25.1 During the detailed evaluation of “Part-I of Bids”, the Employer will determine whether each Bid (a) meets the eligibility criteria defined in Clauses 3 and 4; (b) has been properly signed; (c) is accompanied by the required securities; and (d) is substantially responsive to the requirements of the bidding documents.

Contractor Witness Executive Engineer 14 During the detailed evaluation of the “Part-II of Bids”, the responsiveness of the bids will be further determined with respect to the remaining bid conditions, i.e., priced bill of quantities. 25.2 A substantially responsive “Financial Bid” is one which conforms 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, inconsistent with the bidding documents, the Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids. 25.3 If a 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 nonconforming deviation or reservation. 26. Evaluation and Comparison of Bids

26.1 The Employer will evaluate and compare only the bids determined to be substantially responsive in accordance with Clause 25 of ITB.

26.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by adjusting the Bid Price as follows: (a) adjustments to reflect discounts or other price offered in Financial bid submitted online. 26.3 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s estimate of the cost of work to be performed under the contract, the

Employer may require the Bidder to produce detailed price analysis for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices. After evaluation of the price analysis, the Employer may require that the amount of the Performance Security set forth in Clause 30 of ITB be increased at the expense of the successful Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract. The amount of the increased Performance Security shall be decided at the sole discretion of the Employer, which shall be final, binding and conclusive on the bidder.The amount of additional performance security shall be equal to an amount arrived at as below:- (i) If the Bid price offered by the contractor is negatively unbalanced upto the 10% of the estimated project cost (as per analytical rates / N.S. rates). In such cases no additional performance security shall be taken from the successful bidder; (ii) If the bid price offered by the contractor is negatively unbalanced below 10% and upto 20% of the estimated project cost (as per analytical rates / N.S. Rates):- In such case, Additional performance security shall be calculated @ 20% of the {(% below quoted by the contractor – 10%) of the estimated cost of the project}; (iii) If the bid price offered by the contractor is further negatively unbalanced below 20% of the estimated project cost (as per analytical rates / N.S. Rates):- In such case, the Additional performance security shall be calculated @ 30% of the { (% below quoted by the contractor – 10%) of the estimated cost of the project};

Contractor Witness Executive Engineer 15 Validity of the Additional Performance Security shall be valid until a date 28 days from the date of issue of the certificate of completion.

26.4 The Employer reserves the right to accept or reject any variation or deviation. Variations and deviations and other factors, which are in excess of the requirements of the Bidding documents or otherwise result in unsolicited benefits for the Employer, shall not be taken into account in Bid evaluation. 26.5 The estimated effect of the price adjustment conditions under Clause 42A of the Conditions of Contract, during the period of implementation of the Contract, will not be taken into account in Bid evaluation. 26.6 The agency/Bidder to whom the work is allotted shall be paid lowest of the following in the running/final bills. i) Amount calculated with the accepted rates of lowest agency. ii) Amount worked out with the accepted percentage above/below HSR+CP/analytical rates/ NS item rates, worked out in financial statement. Financial statement will be made a part of agreement.

Contractor Witness Executive Engineer 16 Section – 2

INSTRUCTIONS TO BIDDERS

Contractor Witness Executive Engineer 17 SETION – 2

INSTRUCTIONS TO BIDDERS 1 GENERAL :

1.1 The work is proposed to be executed under the following relationship: - a) Client : Government of Haryana b) Employer : Superintending Engineer, Kaithal Circle PWD B&R Branch Kaithal c) Engineer-in-Charge/ : Executive Engineer, Haryana PWD B&R Engineer Department, Provl. Division Narwana

d) Design Consultant : The successful tenderer to whom the work is Awarded shall become the Design Consultant for the execution of this work.

2 Eligible Bidders

2.1 This invitation of bids is open to consultants empanelled with Haryana PWD B&R. 3 Haryana PWD B&R Department require Design Consultants to observe the highest standard of ethics during selection process and the execution of contracts. If it is found at any time that a Design Consultant has misrepresented itself, or provided false information, he is liable to be disqualified. 4 Bidder may carefully note that they are liable to be disqualified at any time during bidding process in case any of the information furnished by them is not found to be true. 5 The bidder must obtain for itself on its own responsibility and its own cost all the information including risks, contingencies and other circumstances in execution of the work. It shall also carefully read and understand all the obligations and liabilities given in term of reference documents. 6 The bidder is advised to visit and examine the site where the work is to be executed and its surroundings or other areas as deemed fit by the bidder and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and execution of the contract. The cost of visiting the site and collecting relevant data shall be at the bidder’s own expenses. It is a condition of the tender that the tenderer is deemed to have visited the site and satisfied itself with all the conditions prevailing including any difficulties for executing the work. 7 All the pages of the term of reference documents submitted by tenderer shall be signed and stamped by the bidder or his representative holding the Power of Attorney (Enclose original/attested photocopy of the Power of Attorney). 8 Average annual turnover over the last five years of 40 percent of the value of contract / contracts applied for 9 Experience in works minimum five Nos. of similar nature must be completed in any State Govt./Govt. of India in last five years.

10 Reports on the financial standing of the Bidder, such as profit and loss statements and auditor’s reports for the past five years;

Contractor Witness Executive Engineer 18

8 Withdrawal of tender. No tender can be withdrawn after submission and during tender validity period.

9 Evaluation and comparison of tenders

9.1 The Employer reserves the right to negotiate the offer submitted by the tenderer to withdraw certain conditions or to bring down the rates/contract price to a reasonable level.

10 Award of Contract

10.1 Letter of Acceptance issued by the Employer/Engineer shall constitute a legal and binding contract between Employer/Engineer and the Design Consultant till such time the contract agreement is signed.

Contractor Witness Executive Engineer 19

SECTION – 3 CONDITIONS OF CONTRACT 1.0 SCOPE OF WORK: The scope of work is as under :

I. BALANCE CONSULTANCY WORK i.e. PREPARATION OF DETAILED DESIGNING, PREPARATION OF WORKING DRAWINGS, REVISED DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS IF ANY FOR ROB TO BE CONSTRUCTED AT L/C 139-C ON NARWANA SAMAIN ROAD ( C.M. ANNOUNCEMENT NO. 17981 DATED 18.12.2016) ON RISK & COST OF M/s TECH PECIFIC STRUCTURAL CONSULTANCE, MOHALI.

II. The design consultant shall quote rate for detailed project report.

I) BALANCE CONSULTANCY WORK i.e. PREPARATION OF DETAILED DESIGNING, PREPARATION OF WORKING DRAWINGS, REVISED DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS IF ANY FOR ROB TO BE CONSTRUCTED AT L/C 139-C ON NARWANA SAMAIN ROAD ( C.M. ANNOUNCEMENT NO. 17981 DATED 18.12.2016) ON RISK & COST OF M/s TECH PECIFIC STRUCTURAL CONSULTANCE, MOHALI

II) The scope of the work shall consist of carrying out the following activities in connection with the one ROB (as detailed in Notice Inviting Tender ) proposed to be constructed at in Hisar Distt. in Haryana. The scope described hereunder is only indicative in nature and shall not be limited to the same: -

a) Review all the available reports, drawings, information, site details etc. and consider the same while planning of the work. b) Carry out an accurate instrumental survey and cover such areas as would be essential to establish a proper functional system including traffic management with temporary diversion/diversions. All survey shall be done by total stations. All survey and planning exercise has to be compatible with MXPRO, Eagle Point or equivalent software. All survey data shall be documented properly with reference to permanent bench marks. The survey would also include locating the permanent bench mark, transfer the same to the locations near the site for further reference, making of temporary bench marks, taking the levels in an appropriate grid covering the full area of Bridges/Road over Bridge, approaches etc. within appropriate land width on either side and submitting all the contour drawings, level books and plane table sheets in original. The survey data should such that establishment of suitable bridge alignment, approaches, etc. are feasible and should relate to total work. The entire survey drawings shall be made on CAD and shall be supplied in original in 6 hard copies and in CDs also. All survey instruments, Engineers, Labour, Temporary works, Tools and Plants and any other item required for survey work complete in all respects shall be arranged by the Design Consultant at his own cost.

Contractor Witness Executive Engineer 20 c) Details of Overhead/underground utility detection and proposed relocation, carryout detailed Geotechnical investigations to determine the properties of soil as required as per IRS/IRC/BIS codal provisions for designing the foundations of the bridges, approaches and other structure and prepare Detailed Geotechnical investigations reports as per latest IRS/IRC/BIS codal provisions. d) Carry out investigations as may be required for the purpose of formulation of an effective cross Drainage system and design the drainage system for both surface and subsurface.

e) Based on the approved GAD, preliminary design, surveys and technical investigation, the Design Consultant shall prepare detailed layout plans showing approach roads, bridge etc., prepare detailed engineering design, design calculations and drawings including detailed construction working drawings for all items of works. The drawings shall be prepared on computer in standard CAD formats. The entire final approved designs and estimates shall be submitted duly signed in original in 6 copies along with CDs.

f) The Design Consultant shall get the design and working/detailed drawings proof checked from any of the following institution/undertakings;

a) The Indian Institutes of technology (IITs). In exceptional circumstances, if the design cannot be got proof checked from the above institution / undertakings, the consultant shall submit a list of three proof consultants empanelled with the MORT&H for design of bridges/ROB to the Employer. The Employer would select the proof consultant out of this list and intimate the consultant, which shall be binding on him. Nothing extra is payable for getting the design proof checked and the cost is deemed to be included in lump sum cost quoted by the consultant. The Design Consultants shall also modify/ revise the designs and drawings on the basis of changes/ modifications suggested by the proof Design Consultant or Employer without any additional payment.

g) Design Consultants must submit their plans with 3D, Auto CAD Drawings based upon the analysis with the required systems. Extensive three dimensional inference management, with low and high existing structures is required to be seen before finalizing any plans. h) The Design Consultant shall supply free of cost all drawings of appropriate size in sufficient copies as directed by the Engineer/Employer. i) The Design Consultant shall provide design support during construction stage including temporary works design, Girders launching scheme, road diversions, checking of executing agencies scaffolding/shuttering arrangements etc. and all required modifications during construction as desired by employer or as per requirement of site. j) Preparation of detailed Girders launching scheme alongwith complete methodology and getting the same approved from Railway or any other competent authority/department. k) The Design Consultant shall visit the site during the contract/construction period, without any extra cost, as directed by the Engineer in case of any problem relating to

Contractor Witness Executive Engineer 21 design/ drawings. There will be no limit on number of necessary site visits of the Design Consultant and decision of the Engineer shall be final. l) The Design Consultant during the period of this assignment, and thereafter, till the satisfactory completion of the construction of the work, act as Design Consultant and give any advice regarding the construction of this work, in particular, to intending contractors who would tender and undertake the construction of this work. m) The Design Consultant shall be responsible for accuracy of the designs, drawings and construction drawings prepared by him as part of the project. n) The Design Consultant shall protect the Department against any damage or loss arising for want of such care and diligence or neglect of professional duty. To this effect, the Design Consultant shall indemnify the Department through a professional indemnity insurance policy with a nationalized insurance company for 10% of the total fee payable to him. A copy of the policy shall be deposited with the Engineer-in-Charge.

o) The Design Consultant shall promptly notify the Engineer-in-Charge of any change in the constitution of his firm. It shall be open to the Engineer-in-Charge to terminate the Agreement on the death, retirement, insanity or insolvency of any person being Director in the said firm, or on the addition or introduction of a new Director without the previous approval in writing of the Engineer-in-Charge. But until its termination by the Engineer-in-Charge as aforesaid, this agreement shall continue to be in full force and effect notwithstanding any changes in the constitution of the firm by death, retirement, insanity or insolvency of any of its Director or addition or introduction of any new Director. In case of death or retirement, the serving or remaining Directors of the firm shall be jointly and severally liable for the due and satisfactory performance of all the terms and conditions of the Agreement. p) The key personnel comprising the Design Consultants team for the work should be drawn from the permanent staff of the firm. These key personnel will be continuously associated with the design and drawings of this work from beginning to completion of the work. q) Qualification Criteria. Design consultant should be impaneled from PWD B&R Department / HSRDC besides completed atleast 2 works of similar nature. 2.0 DETAILS OF ROAD OVER BRIDGES/BRIDGES : Sr. Location No. 1. BALANCE CONSULTANCY WORK i.e. PREPARATION OF DETAILED DESIGNING, PREPARATION OF WORKING DRAWINGS, REVISED DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS IF ANY FOR ROB TO BE CONSTRUCTED AT L/C 139-C ON NARWANA SAMAIN ROAD.

Available Sketches of the sites of level crossings showing salient details of road rail configuration for the purpose of developing concepts and detailed plans are enclosed for ready reference. These can be used by Design Consultants for assessing the extent of survey but it is imperative that site visits may be made by the teams to make their own assessment. Contractor Witness Executive Engineer 22 The decision to have two lane or four lane ROBs, number of future tracks, spans shall be decided in consultation with Employer at survey stage. 3.0 GENERAL GUIDELINES FOR DESIGN OF BRIDGES/ ROBs: 3.1 The design shall be carried out in terms of specifications of latest editions (and upto date correction/amendment/errata) of IRS (Indian Railways Standards), IRC (Indian Road Congress) and ISI (Indian Standard Institution) now BIS (Bureau of Indian Standards) and as desired by the Client /Employer. 3.2 Vertical Clearance for future electrification (if not existing) shall be provided corresponding to OHE requirements or any future track reprofiling in vertical frame, as

desired by Railway.

3.3 The girders may be of Precast pre-stressed concrete (Post tensioned), steel or composite

or R.C.C. /PSC Beams/Slabs etc. depending upon the field conditions and economy.

3.4 End launching/crane erection of Girders from the approach road may be preferred. 3.5 The approaches of the bridges may be Reinforced earth work or earth slopes or viaduct depending upon the site conditions and requirements of the Client. The decision of the Engineer-in-Charge shall be final in this regard. The Design Consultant shall provide alternatives with cost benefit analysis and full justification for the proposed alternatives. 4.0 PERFORMANCE SECURITY

4.1 Performance Security : i. Within 14 days of issue of the Letter of Acceptance from the Employer/ Engineer, the successful tenderer shall furnish to Employer/Engineer a performance Security in the form of bank guarantee on the proforma annexed as Annexure-I from any scheduled Bank for an amount of 5% (Five percent) of the original Contract value.

Alternatively, the performance security can be furnished by the Design Consultant in the form of Fixed Deposit Receipt (FDR) from a scheduled Bank endorsed in favour of the Employer. The bank guarantee/ FDR shall be operative till 45 days after completion of constn. Of ROB. ii) No payment under the contract shall be made to the Design Consultant before receipt of performance security. iii) Failure of the successful tenderer to furnish the required performance security shall be a ground for the annulment of the award of the Contract. 4.2 Release of Performance Security: The whole of the Performance Security shall be liable to be forfeited by the Employer/ Engineer at the discretion of the Employer/Engineer, in the event of any breach of contract, on the part of the Design Consultant or if the Design Consultant fails to perform or observe any of the conditions of the contract. On due and faithful/satisfactory completion of the entire job, the Performance Security shall be returned to the Consultant.

Contractor Witness Executive Engineer 23 5.0 CONTRACT AGREEMENT: The Design Consultant shall enter into and execute the Contract agreement in the form of agreement (Annexure-II) within 30 days from the date of issue of Letter of Acceptance. The stamp papers of the requisite value as per the prevailing laws shall be provided by the Design Consultant at his own cost. Original agreement shall be retained by the Employer/Engineer and a certified copy shall be made available to the Consultant.

6.0 MOBILISAITON ADVANCE 6.1 Conditions for Payment: After department considered the feasibility report feasible and economical viable and asked the consultant to go ahead for the second stage that is detailed investigation and design, if requested by the Design Consultant in writing, the Employer/ Engineer shall make an interest free mobilization advance payment to the Design Consultant for an amount not more than 15 (Fifteen) percent of the contract value/price for second stage. The mobilization advance shall be paid exclusively for the costs of mobilization in respect of the Works. Payment of such advance shall be made after fulfillment of the following conditions to the satisfaction of the Engineer: - i) Submission of Performance Security by the Design Consultant in accordance with Clause 4.1 of these Conditions.

ii) Submission of an unconditional bank guarantee in the format annexed as Annexure-III from a scheduled bank in India for an amount equivalent to the mobilization advance being paid. The Bank Guarantee may be split into not more than four separate Bank Guarantees & each having a minimum value of 2.5% of the original contract value. Such Bank Guarantee shall remain effective until the advance payment has been recovered from the Consultant. Bank Guarantee(s) for the amount recovered from the Design Consultant shall be released to the Design Consultant progressively. 6.2 Payment : After fulfillment of the pre-conditions as described in para 6.1 above, the mobilization advance shall be released to the Consultant. 6.3 Recovery : The recovery of mobilization advance shall commence from the Consultant’s on account bills after completion of Geotechnical investigation works at site and the full recovery shall be affected before completion of works for a value of 60% of the total contract value. The recovery schedule shall be made by the Engineer based on the payments made.

Contractor Witness Executive Engineer 24 7.0 RATES TO BE ALL INCLUSIVE: The consultant shall quote combined rate for feasibility study and detailed project report. 7.1 The rates/price to be quoted in financial bid shall be for the complete scope of work as described in the tender document. Any item of work included in the scope of work may not be exclusively described in the document. The price to be quoted in the Bid Form shall also take care of all such items of consultancy assignment. The price quoted should also be inclusive of all types of direct and indirect taxes imposed by Central/State Govt. and local bodies. However, any statutory variation in and/ or fresh imposition of such levies/ taxes relevant to this contract shall be reimbursed by the Employer after submission of documentary evidences by the Design Consultant and verification of the same by the Department. No price adjustment shall be applicable and the price as accepted shall remain firm and hold good till the completion of assignment/work in all respects. No additional claim or amount shall be admissible on account of any fluctuations in any market rates. 7.2 Payment :- The accepted contract price shall form the basis of payment to the consultant. Payment shall only be made after submission of bill(s) by the Consultant. The payment shall generally be made within 15 days from the submission of the bill by the Consultant. However, no payment shall be made to the Design Consultant till such time Service tax registration certificate is submitted. Payment shall be made on proportionate basis in the following stages: - Sr. Description Payment (%age of accepted cost No. of price of tender). 1. On submission of Good for Construction drawing for 18½ % of the fee Foundation duly proof checked 2. On submission of Good for Construction drawing for 18½ % of the fee Substructure duly proof checked 3. On submission of Good for Construction drawing for 18½ % of the fee Superstructure duly proof checked 4. On submission of Good for Construction drawing for 18½ % of the fee Miscellaneous items 5. Submission and approval of Revised DPR 6 % of the fee 6. On completion of Construction of ROB. 20% of the fee

Contractor Witness Executive Engineer 25 8.0 SCHEDULE FOR COMPLETION OF WORK : The Design Consultant shall carryout the work indicated at S. No. 1 to 2 in the above clause included in his scope of work very expeditiously within the following time schedule for all the ROBs: - S. Description of work Period (in days) No.

1. Preparation and submission, preliminary design D + 30 and drawings based on approved GAD, Detailed estimate including bill of quantities and general specifications required for floating of tenders etc. 2. Approval of detailed design, working/ D + 45 construction drawings for sub-structure, approaches and superstructure.

D = Date of issue of Letter of Acceptance. 9.0 Schedule of modification during construction: Pursuant to Clause 1.0 (l) and Item No.7 of payment sub clause 7.2 hereinabove, the design consultant shall submit the modified design/drawing during construction period within 10 days from the date of receipt of such directions from employer. The design consultant shall provide all support for modification including site visits during entire completion period of the project by the construction agency including extended period if any.

10.0 DELAY AND EXTENSION OF CONTRACT PERIOD/ LIQUIDATED DAMAGES: 10.1 The time allowed for execution and completion of the works or part of the works as specified in the contract, shall be essence of the contract on the part of the Consultant. 10.2 As soon as it becomes apparent to the Consultant, that the work and/ or portions thereof (required to be completed earlier), cannot be completed within the period(s) stipulated in the contract, or the extended periods granted, he shall forthwith inform the Engineer and advise him of the reasons for the delay, as also the extra time required to complete the works and / or portions of work, together with justification therefore. In all such cases, whether the delay is attributable to the Design Consultant or not, the Design Consultant shall be bound to apply for extension well within the period of completion/ extended period of completion of the whole works and / or portions thereof.

10.3 Extension due to modifications

If any modifications are ordered by the Engineer or site conditions actually encountered are such, that in the opinion on the Engineer the magnitude of the work has increased materially, then such extension of the stipulated date of completion may be granted, as shall appear to the Engineer to be reasonable. 10.4 Delays not due to Employer If the completion of the whole works (or part thereof which as per the contract is required to be completed earlier), is likely to be delayed on account of: a. Any force majeure event referred to in Clause 13.0 or b. Any relevant order of court or c. Any other event or occurrence which, according to the Engineer is not due to the Consultant’s failure or fault, and is beyond his control; Contractor Witness Executive Engineer 26

the Engineer may grant such extensions of the completion period as in his opinion is reasonable. 10.5 Delays due to Employer/Engineer In the event of any failure or delay by the Employer / Engineer in fulfilling his obligations under the contract, then such failure or delay, shall in no way affect or vitiate the contract or alter the character thereof, or entitle the Design Consultant to damages or compensation thereof but in any such case, the Engineer shall grant such extension or extensions of time to complete the work, as in his opinion is/ are reasonable. 10.6 Delays due to Design Consultant and Liquidated Damages: If the delay in the completion of the whole works or a part of the works, beyond stipulated completion period, is due to the Consultant’s failure or fault, and the Engineer feels that the remaining works or the portion of works can be completed by the Design Consultant in a reasonable and acceptable short time, then, the Engineer may allow the Design Consultant extension or further extension of time, for completion, as he may decide, subject to the following: a. Without prejudice to any other right or remedy available to the Engineer, recover by way of liquidated damages and not as penalty, a sum equivalent to quarter of one percent (0.25%) of the contract value of the works, for each week or part thereof the Design Consultant is in default. b. The recovery on account of compensation for delay shall be limited to 5% of his contract value of the works, as the case may be. The recovery of such damages shall not relieve the Design Consultant from his obligation to complete the work or from any other obligation and liability under the contract. 10.7 Engineer’s decision on compensation payable being final The decision of the Engineer as to the compensation, if any payable by the Design Consultant under this clause shall be final and binding. 10.8 Time to continue to be treated as the essence of contract in spite of extension of time. It is an agreed terms of the contract that notwithstanding grant of extension of time under any of the sub-clauses mentioned herein, time shall continue to be treated as the essence of contract on the part of the Consultant.

Contractor Witness Executive Engineer 27 11.0 TERMINATION OF CONTRACT DUE TO CONSULTANT’S DEFAULT 11.1 Conditions leading to termination of contract i. If the Consultant a. becomes bankrupt or insolvent, or, b. makes arrangements with or assignment in favour of his creditor, or agrees to carry out the contract under a committee of inspection of his creditors or

c. being a company or corporation goes into liquidation by a resolution passed by the Board of Directors/ General Body of the share-holders or as a result of court order (other than voluntary liquidation for the purpose of amalgamation or reconstruction) or

d. has execution levied on his goods or property or the works, or e. assigns or sublets the contract or any part thereof otherwise than as provided for under conditions of this contract, or

f. abandons the contract, or g. persistently disregards instructions of the Engineer or contravenes any provisions of the contract, or h. fails to adhere to the agreed programme of work or fails to complete the works or parts of the works within the stipulated or extended period of completion, or is unlikely to complete the whole work or part thereof within time because of poor record of progress; or i. fails to take steps to employ competent and / or additions staff and labour, or j. promises, offers or gives any bribe, commission, gift or advantage, either himself or through his partners, agents or servants to any officer or employee of the Engineer or the Employer, or to any person on their behalf, in relation to obtaining or execution of this or any other contract with the Employer, or k. Suppresses or gives wrong information while submitting the tender.

In any such case, the Engineer on behalf of the Employer may serve the Design Consultant with a notice in writing to that effect and if the Design Consultant does not, within 7 days after delivery to him of such notice, proceed to make good his default in so far as the same is capable of being made good, and carry on the work or comply with such instructions as aforesaid to the entire satisfaction of the Engineer, the Employer shall be entitled after giving 48 hours notice in writing to terminate the contract, as a whole or in part or parts (as may be specified in such notice). ii. In such a case of termination, the Employer/Engineer may adopt the following course. Carry out the whole or part of the work from which the Design Consultant has been removed by engaging another Design Consultant or deployment of technical staff at site.

11.2 Entitlement of Employer/Engineer:

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

a. Forfeit the whole or such portion of the Performance security amount, as he may deem fit, and Contractor Witness Executive Engineer 28

b. Recover from the Design Consultant the cost of carrying out the balance work in excess of the sum, which he would have been paid, according to the certificate of the Engineer, if the works had been carried out and completed by the Design Consultant under the terms of the contract. Such certificate shall be final and binding upon the Consultant. The amount to be recovered may be deducted by the Employer/ Engineer from any other moneys due to the Design Consultant alone or jointly under this or any other contract.

12.0 TERMINATION OF CONTRACT ON EMPLOYER/ ENGINEER’S ACCOUNT. If the Feasibility report submitted by the consultant is not found viable/feasible on any account by the Engineer/Employer his contract will be terminated there and than and payment upto the stage of feasibility report will be given to the consultant. No claim for the balance work will be entertained. The Employer/Engineer shall be entitled to terminate the contract, at any time, should, in the Employer/Engineer’s opinion, the cessation of works becomes necessary, owing to paucity of funds or due to court orders or from any other cause whatsoever. Notice in writing from the Employer/Engineer of such termination and reasons therefore, shall be conclusive evidence thereof. In case of termination of contract on Employer/Engineer’s account as described above, the claims of the Design Consultant towards expenditure incurred by him in the expectation of completing the whole works, shall be admitted and considered for payment as deemed reasonable and are supported by the documents/vouchers etc. to the satisfaction of Employer/Engineer. The decision of the Employer/Engineer on the necessity and propriety of such expenditure shall be final and conclusive. However, the Design Consultant shall have no claim to any payment of compensation or otherwise, on account of any profit or advantage which he might have derived from the execution of the work in full but which he could not in consequence of termination of contract under this clause.

13.0 FORCE MAJURE 13.1 If, at any time during the currency of the contract, the performance of any obligation (in whole or in part) by the Employer or the Design Consultant shall be prevented or delayed by reason of any war, hostilities, invasion, acts of public or foreign enemies, rebellion, revolution, insurrection, civil commotion, sabotage, large scale arson, floods, earthquake or any other act of god, large scale epidemics, nuclear accidents, any other catastrophic unforeseeable circumstances, quarantine restrictions, any statutory, rules, regulations, orders or requisitions issued by a Government department or competent authority (hereinafter referred to as “event”) then, provided notice of the happening of such an event is given by either party to the other within 21 days of the occurrence thereof. a) Neither party by reason of such event be entitled to terminate the contract or have claim for damages against the other in respect of such non-performance or delay in performance. b) The obligations under the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. c) If the performance in whole or part of any obligation under the contract is prevented or delayed by reason of the event beyond a period of 180 days, the contract may be fore closed with mutual consent by giving a notice of 30 days without any repercussions on either side. Contractor Witness Executive Engineer 29 d) In case of doubt or dispute, whether a particular occurrence should be considered an “event” as defined under this clause, the decision of the Engineer shall be final and binding. e) Works that have already been measured shall be paid for by the Engineer even if the same is subsequently destroyed or damaged as a result of the event. The cost of any work that has been measured shall be borne by the Employer/Engineer. f) If the contract is fore-closed under this clause, the Design Consultant shall be paid fully for the work done under the contract, but not for any defective work or work done which has been destroyed or damaged before its measurement. 13.2 If no notice is issued by either party regarding the event within 21 days of occurrence, the said event shall be deemed not to have occurred and the contract will continue to have effect as such. 14.0 SETTLEMENT OF DISPUTES All disputes or differences of any kind whatsoever that may arise between the Employer/Engineer and the Design Consultant in connection with or arising out of the contract or subject matter thereof or the execution of works, whether during the progress of works or after their completion, whether before or after termination of contract shall be settled as under: - 14.1 Mutual Settlement All such disputes or differences shall in the first place be referred by the Design Consultant to the Employer in writing for resolving the same through mutual discussions, negotiations, deliberation etc. associating representatives from both the sides and concerted efforts shall be made for reaching amicable settlement of disputes or differences.

14.2 Conciliation/ Arbitration 14.2.1 It is a term of this contract that Conciliation/Arbitration of disputes shall not be commenced unless an attempt has first been made by the parties to settle such disputes through mutual settlement.

14.2.2 If the Design Consultant is not satisfied with the settlement by the Employer on any matter in question, disputes or differences, the Design Consultant may refer to the Employer in writing to settle such disputes or differences through conciliation or Arbitration provided that the demand for conciliation or Arbitration shall specify the matters, which are in question or subject of the claim, item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims of the Employer shall be referred to Conciliator or Arbitrator as the case may be and other matters shall not be included in the reference. 14.2.3 The Employer may himself act as Sole Conciliator/Sole Arbitrator or may at his option appoint another person as Sole Conciliator or Sole Arbitrator, as the case may be. In case, the employer decides to appoint a Sole Conciliator/Sole Arbitrator, then a panel of at least three names will be sent to the Consultant. Such persons may be working/ retired employees of the Employer of the rank of S.E. who had not been connected with the work. The Design Consultant shall suggest minimum two names out of this panel for appointment of Sole conciliator/Sole Arbitrator. The Employer will appoint Sole Conciliator/ Sole Arbitrator out of the names agreed by the Consultant. 14.2.4 In case, the Design Consultant opts for settlement of disputes through Conciliation at first stage and if the efforts to resolve all or any of the disputes thorough Conciliation fails, the Design Consultant may refer to the Employer for settlement of such disputes or differences through Arbitration. The appointment of Sole Arbitrator shall be done by the Employer as per the procedure described above. No disputes or differences shall be referred to Arbitration after expiry of 60 days from the date of notification of failure of Conciliation. Contractor Witness Executive Engineer 30

14.2.5 The Conciliation and/or Arbitration proceedings shall be governed by the provisions of the Indian Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the conciliation and arbitration proceedings under this clause.

14.2.6 The language of proceedings, documents or communications shall be in English and the award shall be made in English in writing.

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

14.2.8 The fees and other charges of the Conciliator/ Arbitrator shall be as per the scales fixed by the employer and shall be shared equally between the Employer and the Consultant.

14.3 Settlement through Court

It is a term of this contract that the Design Consultant shall not approach any court of Law for settlement of such disputes or differences unless an attempt has first been made by the parties to settle such disputes or differences through clauses 14.1 and 14.2.

14.4 No suspension of work

The Obligations of the Employer, the Engineer and the Design Consultant shall not be altered by reasons of conciliation/arbitration being conducted during the progress of works. Neither party shall be entitled to suspend the work on account of conciliation/ arbitration and payments to the Design Consultant shall continue to be made in terms of the contract.

14.5 Award to be binding on all parties

The award of the Sole Arbitrator, unless challenged in court of law, shall be binding on all parties.

14.6 Exception:

For settlement of disputes with central PSUs, the procedure as per existing orders of Permanent Machinery for Arbitration (PMA), Bureau of Public Enterprises, Govt. of India shall be followed.

14.7 JURISDICTION OF COURTS:

Jurisdiction of courts for dispute resolution shall be at the Head Quarter of office of the Superintending Engineer concerned Circle only.

Contractor Witness Executive Engineer 31

SECTION - 4

TECHNICAL PROPOSAL FORMAT

Contractor Witness Executive Engineer 32 Annexure-I Section 4 Technical Proposal Format

DETAILS OF THE ROBS FOR WHICH FEASIBILITY STUDY AND DPR WAS COMPLETED BY THE CONSULTANT DURING LAST FOUR YEARS AND THE ROBS WERE PHYSICALLY COMPLETED

SR. NAME OF THE LOCATION TOTAL SINGLE SPAN TYPE OF NAME, DURATION OF DATE OF PERFORMANCE TYPE OF STRUCTURE OF NO PROJECT OF THE PROJECT COST OF THE SERVICES ADDRESS THE PHYSICAL CERTIFICATE/O APPROACHES AND PROJECT FOR WHICH RAILWAY RENDERED (A, AND CONSULTING COMPLETION F THE CLIENT RAILWAY BRIDGE CONSULTANCY BRIDGE B, C) CONTACT ASSIGNMENT OF THE ENCLOSED (PSC/STEEL/COMPOSITE WAS INCLUDED IN NOS. OF PROJECT (YES OR NO) GUARDER PROVIDED BY THE ROB CLIENT THE CONSULTANT

A – SURVEY, B – GEOTECHNICAL INVESTIGATIONS, C- DETAILED DESIGN AND DRAWINGS, ESTIMATES, GADs, BOQ etc. Note : 1. Give details of relevant projects only, which have been physically completed and commissioned. 2. Submit performance certificates from Client in respect of the information furnished above.

Contractor Witness Executive Engineer 33

SECTION - 5

FINANCIAL BID FORMAT

Contractor Witness Executive Engineer 34

BILL OF QUANTITIES

Name Of Work : CONSTRUCTION OF RAILWAY OVER BRIDGE on Narwana Samain road at LC No. 139 ( C.M. announcement No. 17981 dated 18.12.2016 ) . Appx. Cost Rs. 07.00 Lacs.

Sr. Description of Item Quantity/Unit Amount No.

1. BALANCE CONSULTANCY Job work WORK i.e. PREPARATION OF DETAILED DESIGNING, PREPARATION OF WORKING DRAWINGS, REVISED DETAILED ESTIMATE INCLUDING REQUIRED MODIFICATIONS IF ANY FOR ROB TO BE CONSTRUCTED AT L/C 139-C ON NARWANA SAMAIN ROAD ( C.M. ANNOUNCEMENT NO. 17981 DATED 18.12.2016) ON RISK & COST OF M/s TECH PECIFIC STRUCTURAL CONSULTANCE, MOHALI

H.D.M. Executive Engineer, Provl. Division , PWD B&R Br., Narwana

Superintending Engineer, Kaithal Circle, PWD (B&R) Branch, Kaithal.

Contractor Witness Executive Engineer 35 SECTION 5 FINANCIAL BID From ______To

The Governor of Haryana Through the Executive Engineer Provincial Division Haryana PWD B&R Branch, Narwana Sir,

1. I/we have examined the conditions of contract, instructions to tenderers and other contents of the documents and have acquainted ourselves with the prevailing site conditions. The offer to carry out the work of Survey, Geotechnical Investigation, Preparation of GADs, Bill of Quantities, Detailed Designing, Working Drawings, Detailed Estimate including required modifications during construction for one ROB Hisar as given in Notice Inviting Tender at a lumpsum price of Rs.______(in figures and words) including all taxes and service tax. 2. We further agree to the schedule of payment in respect of the contract price accepted by you as given in the payment schedule under sub clause 7.2 of the conditions of contract. 3. We agree to abide by this tender until the date mentioned in the contract documents and it shall remain binding upon us and may be accepted at any time before that date. We have already submitted earnest money with the tender and we bind ourselves that it is to be absolutely forfeited by you, without prejudice to any other rights or remedies in the Conditions of Contract attached should we fail to commence the work specified, withdraw the offer until the validity of the Tender, fail to furnish performance guarantee or sign the contract in accordance with the terms of the tender. 4. We understand that until a formal agreement is prepared and executed, the letter of acceptance issued by you shall constitute a binding contract between us. 5. We understand that cost of preparation of this tender and other investigation carried out and of maintaining the Earnest Money with you is to our account. We also understand that you are not bound to accept the lowest or any bid you may receive.

Yours faithfully, (Signature of the bidder with seal)

Contractor Witness Executive Engineer 36

SECTION - 6

FORM OF SECURITIES AND AGREEMENT ANNEXURE- I

PERFORMANCE BANK GUARANTEE (UNCONDITIONAL) To The Governor of Haryana, (Acting through______(Name & address) WHEREAS______(name and address of consultant) Wherein after called “ the Consultant”) has undertaken in pursuance of contract No.______dated______to execute ______(name of contract and brief description of works) ( hereinafter called “ the contract”)

AND WHEREAS it has been stipulated by you in the said contract that the Design Consultant shall furnish you with a Bank Guarantee by a scheduled bank for the sum specified therein as security for compliance with his obligation in accordance with the Contract. AND WHEREAS we have agreed to give the Design Consultant such a Bank Guarantee. NOW THEREFORE we hereby affirm that we are to Guarantor and responsible to you, on behalf of the Consultant, upto a total of ______(amount of Guarantee), ______(amount in words) such sum being payable in the types and proportions of currencies in which the contract price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, and sum or sums within the limits of ______(amount of Guarantee) as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Design Consultant before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the works to be performed there under or of any of the contract documents which may be made between you and the Design Consultant shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid upto ______( a date 28 days from the date of completion of the work)

SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank ______Address: ______Date ______

Contractor Witness Executive Engineer 37 ANNEXURE- II

FORM OF AGREEMENT. (To be executed on requisite value of stamp papers) AGREEMNENT. THIS AGREEMENT MADE ON ______day of ______(month/year) between Governor of Haryana, acting through (Project Head and Name / address of the Project) (hereinafter called “the employer/ Engineer”) of the one part and ______(Name and address of the consultant) hereinafter called “ the Consultant”) of the other part. WHEREAS the employer is desirous that certain works should be executed by the Design Consultant Viz contract No.______(hereinafter called “ the works” and has accepted a Bid by the Design Consultant for the execution and completion of such works and the remedying of any defects therein. NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS: 1. In this agreement, words and expressions shall have the same meaning as are respectively assigned to them in the conditions of contract hereinafter referred to. 2. The following documents shall be deemed to form and be read and construed as part of this agreement. a) Letter of Acceptance of Tender b) Notice Inviting Tender c) Instructions to the Tenderers. d) Conditions of the contract e) Bill of quantities. 3. In consideration of the payments to be made by the employer to the Design Consultant as hereinafter mentioned, the Design Consultant hereby covenants with the employer to execute and complete the works and remedy any defects therein in conformity in all respects with the provisions of the contract. 4. The employer hereby covenants to pay the Design Consultant in consideration of the execution and completion of the works and the remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. IN WITHNESS whereof the parties hereto have caused this Agreement executed the day and year first before written. (Name Designation and address of the (Name Designation and address of the authorised signatory) authorised signatory)

Signed for and on behalf of the Design Signed for and on behalf of the employer in Consultant in the presence of the presence of

Witness. Witness.

1 1

Name and address of the witnesses to be indicated.

Contractor Witness Executive Engineer 38 ANNEXURE-III

BANK GUARANTEE FOR ADVANCE PAYMENT To The Governor of Haryana (Acting through______(Name of Project In charge & address)

In accordance with the provisions of the conditions of contract, Sub- Clause______(“Advance Payment”) of the above mentioned contract, ______(name and address of the Consultant) (hereinafter called “ the consultant”) shall deposit with ______(name of employer) a bank guarantee to guarantee his proper and faithful performance under the said clause of the Contract in an amount of ______(amount of Guarantee) ______(amount in works) We, the ______(Name of bank), as instructed by the Consultant, agree unconditionally and irrevocably to guarantee an primary obligator and not as Surety merely, the payment to Haryana PWD B&R Department on their first demand without whatsoever right of objection on our part and without his first claim to the Consultant, in the amount not exceeding______(amount of Guarantee)______(amount in works). We further agree that no change or addition to or other modification of the terms of the Contract or of works to be performed there under or of any of the Contract documents which may be made between Haryana PWD B&R Department International Limited and the Consultant, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract upto ______(until Haryana PWD B&R Department receives/recovers full repayment of advance alongwith interest accrued thereon from the Consultant). Yours truly, SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank______Address: ______Date ______

SECTION – 7

SKETCHES OF AVAILABLE

LEVEL CROSSINGS.

Contractor Witness Executive Engineer 39