Public Works (Roads) Department, Government of e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

GOVERNMENT OF WEST BENGAL পমব সরকার OFFICE OF THE SUPERINTENDING ENGINEER, অিধকবাকােররকাযালয় WESTERN HIGHWAY CIRCLE NO. 1, পমাল উ সরক মল নং-১ P.W. (ROADS) DIRECTORATE, পূত(সড়ক)িবভাগ, পূতভবন (িতীয়তল), PURTABHAVAN, 1ST FLOOR, SRIPALLY, PURBA - 713103 ীপী,পূব বধ মান -৭১৩১০৩ PHONE No: 0342-2646430/2646431 ফান(০৩৪২)২৬৪৬৪৩০/২৬৪৬৪৩১ Email : [email protected] ই-মল : [email protected] Website : www.pwdwb.in

Memo No. :-655/B-23(pt-12) Dated :- 13/10/2020

ELECTRONIC NOTICE INVITING TENDER No. - 08 OF 2020-2021 OF THE SUPERINTENDING ENGINEER, WESTERN HIGHWAY CIRCLE No.-I.

The Superintending Engineer, Western Highway Circle No.–I, Public Works (Roads) Directorate, having office at “Purta Bhavan, 1st Floor, Sreepally, Purba Burdwan-713103’’ on behalf of the Governor of the State of West Bengal invites e-Tender/ e-Bid for the work detailed in the table below.

Price of Technical , Earnest Estimated Financial Bid Period of Name of the Sl. Money (to be Name of the work Amount documents, Completion of Concerned No deposited) (Rs.) 2911(ii) & other work Division (Rs.) Annexures 1. Masi Sanko Bridge at 9.00 kmp, 1,30,76,081.95 2,61,522.00 Rs.5,000.00 each 120 (one Burdwan North Bridge at 6.00 kmp of set at the time of hundred Highway Pachundi -Uddharanpur Road and agreement to be twenty) days Division, P.W. Sibloon Bridge adjacent to Pachundi - applicable for from the date of (Roads) Uddharanpur Road at 6.00 kmp, successful bidder commencement Directorate Rehabilitation work under Burdwan only. of work. North Highway Division in the district of Purba Bardhaman.

A) General Terms and Conditions:-

1) The interested bidders are requested to submit their bids electronically i.e. following e-tender system through online within specified time. Manual submissions (offline) of any bid will not be accepted. 2) The bid/ tender documents are to be downloaded from Website http://etender.wb.nic.in free of cost. 3) The bid/ tender after duly filled-up along with desired documents (Technical Bid & Financial Bid) are to be uploaded concurrently by the bidders by using their valid Digital Signature Certificate (DSC) within specified time frame. 4) The bid/ tender are of two folds, namely; Technical Bid and Financial Bid. After evaluation of Technical Bids, “Technical Bid Evaluation Summary” will be uploaded in web portal by the notice inviting authority. Rate quoted by the Technically qualified bidders will be opened for evaluation of financial bid. 5) All the interested bidders are requested to inspect in and around the work site properly before participation in the bid/ tender. 6) Earnest Money:- a) 2% (two percent) of the Estimated Amount is to be submitted as Earnest Money by all the bidders irrespective of their business status. b) Requisite amount of Earnest Money for the work shall be paid by either Net Banking or through RTGS/NEFT as per order No. 3975(Y) dated 28.07.2016 of Secretary to the Government of West Bengal, Finance Department as given below. Sub: Online receipt and refund of EMD of e-procurement through State Government e- procurement portal

The State Government procurement portal has already been integrated with the Payment Gateway of ICICI Bank for deposit of EMD and other fees by the bidders participating in e-procurement.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

Now, in cancellation of this Department Memorandum No. 1526-F(Y) dated 18.03.2014, the Governor is pleased to prescribe the following procedure to be adopted for deposit of EMD / Bid Security related to e- procurement of the State Government Departments and its subordinate offices, PSUs, Autonomous and local Bodies, PRIs, etc. 1. Login by bidder: a) A bidder desirous of taking part in a tender invited by a State Government Office/PSU/Autonomous Body/Local Body/ PRls, etc. shall login to the e-Procurement portal of the Government of West Bengal https: wbtenders.gov.in using his login ID and password. b) He will select the tender to bid and initiate payment of pre-defined EMD / Tender Fees for that tender by selecting from either of the following payments modes: i) Net banking (any of the banks listed in the ICICI Bank Payment gateway) in case of payment through ICICI Bank Payment Gateway; ii) RTGS/NEFT in case of offline payment through bank account in any Bank. 2. Payment procedure: a) Payment by Net Banking (any listed bank) through ICICI Bank Payment Gateway : i. On selection of net banking as the payment mode, the bidder will be directed to ICICI Bank Payment Gateway webpage (along with a string containing a Unique ID) where he will select the Bank through which he wants to do the transaction. ii. Bidder will make the payment after entering his Unique ID and password of the bank to process the transaction. iii. Bidder will receive a confirmation message regarding success/failure of the transaction. iv. If the transaction is successful, the amount paid by the bidder will get credited in the respective Pooling account of the State Government /PSU/Autonomous Body/local Body/PRIs, etc maintained with the Focal Point Branch of ICICI Bank at R.N. Mukherjee Road, Kolkata for collection of EMD/Tender Fees. v. If the transaction is failure, the bidder will again try for payment by going back to the first step. b) Payment through RTGS/NEFT: i. On selection of RTGS/NEFT as the payment mode, the e-Procurement portal will show a pre-filled challan having the details to process RTGS/NEFT transaction. ii. The bidder will print the challan and use the pre-filled information to make RTGS/NEFT payment using his Bank account. iii. Once payment is made, the bidder will come back to the e-Procurement portal after expiry of a reasonable time to enable the NEFT/RTGS process to complete, in order to verify the payment made and continue the bidding process. iv. If verification is successful, the fund will get credited to the respective Pooling account of the State Government /PSU/ Autonomous Body/Local Body/PRls, etc maintained with the FocaI Point Branch of ICICI Bank at R.N. Mukherjee Road, Kolkata for collection of EMD/Tender Fees. v. Hereafter, the bidder will go to e-Procurement portal for submission of his bid. vi. But if the payment verification is unsuccessful, the amount will be returned to the bidder's account. 3. Refund/Settlement Process: i. After opening of the bids and technical evaluation of the same by the tender inviting authority through electronic processing in the e-Procurement portal of the State Government, the tender inviting authority will declare the status of the bids as successful or unsuccessful which will be made available, along with the details of the unsuccessful bidders, to ICICI Bank by the e-Procurement portal through web services. ii. On receipt of the information from the e-Procurement portal, the Bank will refund, through an automated process, the EMD of the bidders disqualified at the technical evaluation to the respective bidders' bank accounts from which they made the payment transaction. Such refund will take place within T+2 Bank Working Days where T will mean the date on which information on rejection of bid is uploaded to the e-Procurement portal by the tender inviting authority. iii. Once the financial bid evaluation is electronically processed in the e-Procurement portal, EMD of the technically qualified bidders other than that of the L1 and L2 bidders will be refunded, through an automated process, to the respective bidders' bank accounts from which they made the payment transaction. Such refund will take place within T+2 Bank Working Days where T will mean the Page 2 of 39

Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

date on which information on rejection of financial bid is uploaded to the e-Procurement portal by the tender inviting authority. However, the L2 bidder should not be rejected till the LOI process is successful. iv. If the L1 bidder accepts the LOI and the same is processed electronically in the e-Procurement portal, EMD of the L2 bidder will be refunded through an automated process, to his bank account from which he made the payment transaction. Such refund will take place within T+2 Bank Working Days where T will mean the date on which information on Award of Contract (AOC) to the L1 bidder is uploaded to the e-Procurement portal by the tender inviting authority. v. As soon as the L1 bidder is awarded the contract (AOC) and the same is processed electronically in the e-Procurement portal – a) EMD of the L1 bidder for tender of State Government offices will automatically get transferred from the pooling account to the State Government deposit head “8443-00 -103-001-07" through GRIPS along with the bank particulars of the L1 bidder. b) EMD of the L1 bidder for tenders of the State PSUs/Autonomous Bodies/Local Bodies/PRls, etc will automatically get transferred from the pooling account to their respective inked bank accounts along with the bank particulars of the L1 bidder. In both the above cases, such transfer will take place within T+1 Bank Working Days where T will mean the date on which the Award of Contract (AOC) is issued. vi. The Bank will share the details of the GRN No. generated on successful entry in GRIPS with the E-Procurement portal for updation. vii. Once the EMD of the L1 bidder is transferred in the manner mentioned above, Tender fees, if any, deposited by the bidders will be transferred electronically from the pooling account to the Government revenue receipt head “0070-60-800-013-27" through GRIPS for Government tenders and to the respective linked bank accounts for State PSU/Autonomous Body/Local Body/PRls, etc tenders. viii. All refunds will be made mandatorily to the Bank A/c from which the payment of EMD & Tender Fees (if any) were initiated.

4. Accounting and Monitoring Process: i. The ICICI Internet Banking will communicate to the State Government e-Procurement portal all details of transactions on daily basis. ii. The Tender Inviting Authority of the Government Offices/PSUs/ Autonomous Bodies/Local Bodies/PRls, etc will be using their respective e-procurement User ID and Password to view the EMD and Tender Fees deposited by the bidders in the pooling accounts. iii. The nodal officer of the Finance Department, Government of West Bengal will be able to view the Department-wise EMD and Tender Fees deposited by the bidders to the pooling accounts and fund transferred downstream at various stages of the tender process to the Government accounts and bidders' accounts, as applicable by using user access as provided by NIC. iv. The details of NIC E-Procurement Help Desk and toll free numbers of ICICI Bank are given in annexure. The system will become effective from 01/08/2016 and can be used by any Government Offices/PSUs/Autonomous Bodies/Local Bodies/PRls, etc. with effect from that date. However, with effect from 01/09/2016, all the EMD/Tender fees in respect of e-tender of all State Government Offices/PSUs/Autonomous Bodies/Local Bodiees/PRls, etc will mandatorily be received and refunds/settlements made as per the procedure stated above.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

NIC & ICICI BANK E-PROCUREMENT HELP DESK

LOCATION NAME CONTACT NO. MAIL-ID NIC HELP DESK Mr. ATANU BHUNIYA WBPWD guest house, pranjali, 3/2 st. 033·22236236 [email protected] TANMOY LAHIRI Georgers gate road, hasting more NAZMUSSAHADATMOLLA JAYANTA SAMANTA NILADRI HEMBRAM Mr. Habibulla Rahaman Irrigation & Waterways dept, Jalsampad 9874961136 [email protected] Mr. Bhaskar Rao bhavan, Salt lake GROUND floor, [email protected] Mr. CHANDAN DEY Salt lake Mr. ROBIN DAS CHINMAOY MANDAL Office of Superintending Engineer, C.R. Das 8158999869 [email protected] (Murshidabad Helpdesk) Road P.O· Serhampore, 9641902796 Dist.· Murshidabad, Pin·742101 Mr. ARINDAM BERA MIDNAPUR HIGHWAY 9641951710 [email protected] (Midnapore Helpdesk) DIVISION NO. lI, PUBLIC WORKS (ROADS) DTE. SAHEED MANGAL PANDEY SARANI. PASCHIM MEDINIPUR:721101 DINESH MAHATO P.W.D. , Aftab Club, Court 9932302439 hripwd.burdwan.helpdesk@gmai (Burdwan Helpdesk) Compound, Burdwan l.com Mr. RAJU DAS MALDA PWD HIGH DIVISION,SINGTALA BUS 9800262930 [email protected] (Malda Helpdesk) STOP·HANTA KALlBARI. Mr. NIRUPAM NAG PWD NORTH BENGAL CONSTRUCTION 7501483711 [email protected] (Siliguri Helpdesk) DIVISION, AIR VIEW MORE (NEAR 2ND MAHANANDA BRIDGE) HILL CART ROAD. SILlGURI-734001 ICICI Bank Help desk NA 033·40267512 [email protected] 033·40267513

N.B.:-1. Earnest Money is exempted for Three State Government Enterprises, viz. Mackintosh Burn Limited, Westinghouse Saxby Farmer Limited and Britannia Engineering Limited to exemption from earnest money for participation in Government tenders (Vide Memorandum No.-6417-F(Y) dated 26.08.2015 of Joint Secretary to the Govt. of West Bengal, Audit Branch, Finance Department and subsequent order No.-403(3)-W(C)/1M-208/15 dated-31.08.2015 of Joint Secretary to the Govt. of West Bengal, P. W. Department.) 7) Eligibility criteria for participation in bid/ tender:-

a) Bidders such as Firms, Companies, Organizations, Engineers Co-op. Societies, Labour Co-op. Societies, Bonafide outsiders etc (as applicable as per Govt. Orders) having validity, experience and requisite credential and also having capacity to fulfill all the criteria upto the mark of satisfaction of Tender Evaluation Committee as narrated in different clauses, terms & conditions of this N.I.T are eligible to participate in bid/ tender. 8) WORK CREDENTIAL:- I. For first call of Works:- i. Intending tenderers should produce credentials of a similar nature of completed work of the minimum value of 40% of the estimated amount put to tender during 5(five) years prior to the date of issue of this tender notice; In case of Joint Venture, one partner in the Joint Venture should produce credentials of a similar nature of completed work valuing minimum 40% (forty percent) of the estimated amount put to tender during 5(five) years prior to the date of issue of this Tender. or, ii. Intending tenderers should produce credentials of 2(two) similar nature of completed work each of the minimum value of 30% (thirty percent) of the estimated amount put to tender during 5(five) years prior to the date of issue of the tender notice; In case of Joint Venture, either one partner shall have to produce credentials of 2(two) similar nature of completed works, each of minimum value of 30% (thirty percent) of the estimated amount put to tender during 5(five) years or any two partners must each shall have to produce credentials of 1(one) similar nature of completed work, each of minimum value of 30%(thirty percent) of the estimated amount put to tender during 5(five) years prior to the date of issue of this Tender Notice. or, Page 4 of 39

Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I iii. Intending tenderers should produce credentials of one single running work of similar nature which has been completed to the extent of 80% or more and value of which is not less than desired value at (i) above; In case of running works, only those tenderers who will submit the certificate of satisfactory running work from the concerned Executive Engineer, or equivalent competent authority will be eligible for the tender. In the required certificate it should be clearly stated that the work is in progress satisfactorily and also that no penal action has been initiated against the executed agency, i.e., the tenderer. In case of Joint Venture, credentials for running works will not be considered.

II. For 2nd call of Works:- i. Intending tenderers should produce credentials of a similar nature of completed work of the minimum value of 30% of the estimated amount put to tender during 5(five) years prior to the date of issue of this tender notice; In case of Joint Venture, one partner in the Joint Venture should produce credentials of a similar nature of completed work valuing minimum value 30% (thirty percent) of the estimated amount put to tender during 5(five) years prior to the date of issue of this Tender. or, ii. Intending tenderers should produce credentials of 2(two) similar nature of completed work each of the minimum value of 25% of the estimated amount put to tender during 5(five) years prior to the date of issue of the tender notice; In case of Joint Venture, either one partner shall have to produce credentials of 2(two) similar nature of completed works, each of the minimum value of 25% (twenty five percent) of the estimated amount put to tender during 5(five) years prior to the date of issue of this Tender Notice or any two partners must each should produce credentials of 2(two) similar nature of completed work, each of the minimum value of 25% (twenty five percent) of the estimated amount put to tender during 5(five) years prior to the date of issue of this Tender Notice. or, iii. Intending tenderers should produce credentials of one single running work of similar nature which has been completed to the extent of 75% or more and value of which is not less than desired value at (i) above; In case of running works, only those tenderers who will submit the certificate of satisfactory running work from the concerned Executive Engineer, or equivalent competent authority will be eligible for the tender. In the required certificate it should be clearly stated that the work is in progress satisfactorily and also that no penal action has been initiated against the executed agency, i.e., the tenderer. In case of Joint Venture, credentials for running works will not be considered. III. For 3rd call of Works:- i. Intending tenderers should produce credentials of a similar nature of completed work of the minimum value of 20% of the estimated amount put to tender during 5(five) years prior to the date of issue of this tender notice; In case of Joint Venture, one partner in the Joint Venture should produce credentials of a similar nature of completed work of minimum value of 20% (twenty percent) of the estimated amount put to tender during 5(five) years prior to the date of issue of this Tender Notice. or, ii. Intending tenderers should produce credentials of one single running work of similar nature which has been completed to the extent of 70% or more and value of which is not less than desired value at (i) above; In case of running works, only those tenderers who will submit the certificate of satisfactory running work from the concerned Executive Engineer, or equivalent competent authority will be eligible for the tender. In the required certificate it should be clearly stated that the work is in progress satisfactorily and also that no penal action has been initiated against the executed agency, i.e., the tenderer. In case of Joint Venture, credentials for running works will not be considered. IV. Other terms and conditions of the credentials:- i. Payment certificate will not be treated as credential; ii. Credential certificate issued by the Executive Engineer or equivalent or competent authority of a State / Central Government, State / Central Government undertaking, Statutory / Autonomous bodies constituted under the Central / State statute, on the executed value of completed / running work will be taken as credential.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

9) Date & Time Schedule:- Sl. Particulars Date & Time No. 1 Date of uploading& publish of Tender Documents 13/10/2020 at 6.00 PM 2 Date of Document Download / Sale start 13/10/2020 from 6.00 PM 3 Date of Document Download End/Sale End 02/11/2020 up to 2.00PM Date of Pre-Bid Meeting with the intending tenderers at office of the 16/10/2020at 12.30 PM 4 Superintending Engineer, Western Highway Circle-I. 1st Floor, Purta Please see below in N.B. Bhavan, Burdwan-713103 5 Bid Submission Start Date 16/10/2020 from 3.00 PM. 6. Bid Submission End Date 02/11/2020 up to 2.00 PM. Date of opening of Technical proposal at office of the Superintending 04/11/2020 after 2.00 PM. 7. Engineer, Western Highway Circle-I. Please see below in N.B. To be intimated later through online (along with Date of opening of Financial Bid at the office of the Superintending 8. evaluation sheet of technical bid) and office notice board. Engineer, Western Highway Circle-I. Please see below in N.B. N.B:- If the specified date of Pre- Bid Meeting, opening of Technical Proposal and Financial Bid falls on declared holiday or days of bundh or for natural calamity, in that cases the specified date/ dates will be read as next working day, but within the above mentioned same time frame of respective previous date/dates.

10) The Superintending Engineer, Western Highway Circle No.-I, P.W. (Roads) Directorate reserves the right to accept or reject any or all the Bids without assigning any reason whatsoever and is not liable for reimburse of any cost that might have incurred by any Bidder at the stage of Bidding and thereafter. 11) All the intending bidders are requested to go through all the terms and conditions of this NIT (Such as conditions and content as laid down in NIT, Special Terms and Conditions , Other Terms and Conditions and Specification and Instructions to Bidders comprising of Section –A, B & C, W.B. Form, addenda & corrigenda to this NIT if any etc) and quote their rate accordingly without imposing any condition.

In this N.I.T. (part of contract document) there is no provision of:- i) ARBITRATION (Ref. Clause-11/9 of Special Terms & Conditions) ii) PRICE ESCALATION OR PRICE ADJUSTMENT (Ref. Clause-7 of Special Terms & Conditions) Iii) MOBILIZATION ADVANCE AND SECURED ADVANCE (Ref. Clause-7 of Special Terms & Conditions) iv) PRICE PREFERENCE (Ref. Clause-7 of Special Terms & Conditions)

Superintending Engineer Western Highway Circle-I Public Work (Roads) Directorate

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

Memo No.:-655/1(29)/B-23(pt.-12) Dated:-13.10.2020

Copy forwarded for information and with the request for wide circulation through his office notice board to the

1) Chief Engineer (Head Quarter), Public Work (Roads) Directorate. 2) Chief Engineer (Head Quarter), Public Work Directorate. 3) Chief Engineer (West Zone), Public Work (Roads) Directorate. 4) Chief Engineer (West Zone), Public Work Directorate. 5) Sabhadhipati, Purba Bardhaman Zilla Parishad. 6) Sabhadhipati, Paschim Bardhaman Zilla Parishad. 7) Sabhadhipati, Birbhum Zilla Parishad. 8) District Magistrate, Purba Bardhaman. 9) District Magistrate, Paschim Bardhaman. 10) District Magistrate, Birbhum. 11) Superintending Engineer, Western Highway Circle No.II, Public Work (Roads) Directorate. 12) Superintending Engineer, Southern Highway Circle, Public Work (Roads) Directorate. 13) Superintending Engineer, South Western Highway Circle, Public Work (Roads) Directorate. 14) Superintending Engineer, North Bengal Highway Circle, Public Work (Roads) Directorate. 15) Superintending Engineer, Northern Highway Circle, Public Work (Roads) Directorate. 16) Superintending Engineer, Central Highway Circle, Public Work (Roads) Directorate. 17) Superintending Engineer, Western Circle No.I, Public Work Directorate. 18) Superintending Engineer, Western Circle No.II, Public Work Directorate. 19) Superintending Engineer, Southern Highway Circle, Public Work Directorate. 20) Superintending Engineer, South Western Highway Circle, Public Work Directorate. 21) Superintending Engineer, North Bengal Highway Circle, Public Work Directorate. 22) Superintending Engineer, Northern Highway Circle, Public Work Directorate. 23) Superintending Engineer, Central Highway Circle, Public Work Directorate. 24) Executive Engineer, Birbhum Highway Division-I, Public Work (Roads) Directorate. 25) Executive Engineer, Birbhum Highway Division-II, Public Work (Roads) Directorate. 26) Executive Engineer, Burdwan South Highway Division, Public Work (Roads) Directorate. 27) Executive Engineer, Asansol Highway Division, Public Work (Roads) Directorate. 28) Executive Engineer, Burdwan North Highway Division, Public Work (Roads) Directorate. 29) Notice Board of this office.

Superintending Engineer Western Highway Circle-I Public Work (Roads) Directorate

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

SPECIAL TERMS AND CONDITIONS The interested bidders must satisfy the following terms and conditions for qualifying in the technical evaluation in addition to those terms and conditions as laid down in the respective e-NIT. 1) Technical Personnel:- a) The bidder should have engaged at least one Graduate Engineer of Civil Engineering wing and two diploma holders of Civil Engineering wing with adequate experience in handling similar nature of job in his/her/their firm. Authentic documents in support of such engagement shall have to be submitted. b) Other technical persons of requisite numbers in the field of mechanical for handling various equipments that are required to be installed at site during execution of the work are to be arranged by the bidder. c) At least two numbers laboratory assistants having adequate experience in conducting various tests are to be engaged by the bidder during execution of the work. 2) Bid Capacity and Turn over:- a) The available Bid Capacity (to be calculated and submitted by the bidder on the basis of prescribed format & also to be calculated in the prescribed form) of the prospective bidder shall not be less than the Estimated Amount put to tender. b) The turnover for any particular year (out of last five years) shall be based on civil engineering job only. 3) Plants & Machineries:- i. Following Plants, Machineries and equipments shall be owned or arranged through lease hold agreements by the bidders. ii. Conclusive proof of ownership (Tax invoice, way bill, delivery challan) for each plant and machinery in working condition shall have to be submitted. iii. In case of Batch type Mixing Plant, conclusive proof of advance receipt from the manufacturer shall be produced and in case of 25% (minimum) payment against the total cost of the plant / machineries have to be made by the bidder. iv. If the machineries have been engaged in other works then name of client along with his contract number and Email address shall be furnished in the declaration by the intended tender and the present location (working place) shall also be given with tentative date of release of plant & machineries. v. In this connection self declaration through Affidavit-“Y” (proforma enclosed) shall also have to be submitted along with the tender and it should be declared that statement of fact related to the mode of ownership of machineries are true and it also to be clearly stated that required specified machineries shall be installed at the working site within 45 days from the date of work order if the machineries are required in the very initial stage of the work, otherwise machineries shall be installed at the working site well ahead of the actual requirement as per agency’s submitted work programme. vi. Maximum age of Hot Mix Plant both in Batch Type and Drum Type, Paver Finisher, Concrete Batching and Mixing Plant, Concrete Mixer with integral weigh batching facility, Concrete Paver, Vibratory Roller shall be 5 years as on the date of publication of NIT, It may be extended upto 7 years, after getting fit certificate from the manufacturer and this certificate shall be produced at the time of submission of bid. All other machineries and equipments should be in running condition. vii. If the bidder fails to install required plants, machineries and equipment for the instant project within the requisite time as previous clause no. (v), the bidder shall be terminated from the instant work with forfeiture of earnest money and debarment proceeding shall be started against him. viii. The bidder shall arrange facilities for different types of day to day testing as per MoRTH, IRC & IS guideline at the working site at his own cost relate to his work. ix. In a particular NIT, having multiple work, a bidder can participate in more than one work provided the bid capacity permits and the bidder is capable to arrange and deploy separate set of required machineries for multiple works and complete the work in specified time. All plants, machineries and equipments will be verified by the competent authority before execution of the work. Scanned copies of required supporting authentic documents as above in mentioned Clause-3, Sl. No.-i to vi are to be submitted (on line).

List of Prime Plants & Machineries to be deployed for the work:-

Sl. No. Name of Machineries Minimum Nos of machineries required 1. concrete mixer 1 No.

Other machineries and equipments (not mentioned above) as may be necessary for successful completion of the work shall have to be arranged by the Successful bidder. The Machineries which are easily available in the market not included in the NIT as a Prime Machineries. TPH – Tonne per Hour, HMP – Hot Mix Plant.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

4) Installation of field laboratory and cost of tests:- a) The accepted bidder shall have to install one good field laboratory at site at the time of commencement of the work. All requisite equipment as will be necessary for survey and Laboratory equipment with testing arrangement as per section 120 of Specifications of Roads and Bridge works 5th revision of MORT&H and as will be instructed by the Engineer-in-Charge shall have to install by the accepted bidder at his own cost at the time of commencement of the said work. b) All kinds of tests as per MORTH guide line (5th revision) / IRC guide line are to be conducted at site by the successful bidder for which suitable man power is to be employed at his own cost. c) Cost of conducting any test/s from outside (other than from the site laboratory installed by the successful bidder) if found necessary by the Engineer-in-Charge are to be borne by the successful bidder. 5) Constructional materials:- a) All kinds of constructional materials such as sand, stone dust, stone chips, bitumen of specified grade and category, reinforcement, cement etc as may be necessary at site for successful completion of the work are to be arranged / supplied / purchased by the successful bidder from reliable sources. b) Authentic documents in support of arrangement / supply / purchase of materials are to be submitted to the Engineer-in-Charge. Verification/Acceptance/Rejection of such documents will be the sole discretion of the Engineer-in-Charge. c) Arrangement / supply / purchase of any material from any unauthorized dealers / manufacturers/ suppliers will not be allowed.

6) Validity of Bid:- Bids submitted by the bidders shall remain valid for a period of 120 (one hundred twenty) days from the last date of submission of Bid (Technical & Financial) or from the date of offered final rate through sealed bid/open bid/negotiation (as the case may be) whichever is conducted later. If the bidder withdraws his/ her/ their bid during the period of bid validity, the earnest money as deposited by him/her/them will be forfeited to the Government without assigning any reason thereof and penal action may be taken against the bidder by the competent authority. Bidders are requested to quote their rate accordingly.

7) Price Adjustment, Escalation , Mobilization Advance & Secured Advance and Price Preference:- Price Adjustment (Increase or decrease of price) over any kind of materials, labour, fuel & lubricants etc will not be applicable for the work/works of this NIT. Similarly Escalation over any kind of materials, labour, fuel & lubricants etc will not be applicable for the work/works of this NIT. Price preference to the State Government Organizations or to any Organization, Firms will not be allowed as per Memorandum No.-8648-F(Y) dated-12.10.2012 of the Secretary to the Govt. of W.B., Finance Department, Audit Branch. Bidders are requested to quote their rate accordingly.

8) Defect Liability Period:- (Vide Notification No.-5784-PW/L&A/2M-175/2017 dated-12.09.2017 of the Secretary to the Govt. Of W.B.,Law & Arbitration Cell, Public Works Department ):- If the contractor or his workmen or servants or authorized representative shall break, deface, injure, or destroy any part of building, in which they may be working, or any building, road, road-curbs, fence, enclosure, water pipes, cables, drains, electric or telephone posts or wires, trees, grass or grassland or cultivated ground contiguous to the premises, on which the work or any part of it is being executed, or if any damage shall happen to the work from any cause whatsoever or any imperfection become apparent in it at any time whether during its execution or within a period of three months or one year or three years or five years, as the case may be (depending upon the nature of the work as described in the explanation appended hereto) hereinafter referred to as the Defect Liability Period, from the actual date of completion of work as per completion certificate issued by the Engineer-in-Charge, the contractor shall make the same good at his own expense, or in default, the Engineer-in-Charge may cause the same to be made good by other workmen and deduct the expense (of which the certificate of the Engineer-in-Charge shall be final and binding on all concerned) from any sums, whether under this contract or otherwise, that may be then, or at any time thereafter become due to the contractor from the Government or from his security deposit, either full, or of a sufficient portion thereof and if the cost, in the opinion of the Engineer-in-Charge (which opinion shall be final and conclusive against the contractor), of making such damage or imperfection good shall exceed the amount of such security deposit and / or such sums, it shall be lawful for the Government to recover the excess cost from the contractor in accordance with the procedure prescribed by any law for the time being in force. Provided further that the Engineer-in-Charge shall pass the “Final Bill” and certify thereon, within a period of thirty days with effect from the date of submission of the final bill in acceptable form by the contractor, the amount payable to the contractor under this contract and shall also issue a separate completion certificate mentioning the actual date of completion of the work to the contractor within the said period of thirty days. The certificate of the Engineer-in-Charge whether in respect of the amount payable to the contractor against the “Final Bill” or in respect of completion of work shall be final and conclusive against the contractor. However, the security deposit of the work held with the Government under the provision of clause 1 hereof shall be refundable to the contractor in the manner provided here under :-

a) For work with three months Defect Liability Period : (i) Full security deposit shall be refunded to the contractor on expiry of three months from the actual date of completion of the work. Page 9 of 39

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b) For work with one year Defect Liability Period : (i) Full security deposit shall be refunded to the contractor on expiry of one year from the actual date of completion of the work. c) For work with three year Defect Liability Period : (i) 30% of the security deposit shall be refunded to the contractor on expiry of two years from the actual date of completion of the work; (ii) The balance 70% of the security deposit shall be refunded to the contractor on expiry of three years from the actual date of completion of the work; d) For work with five year Defect Liability Period : (i) No security deposit shall be refunded to the contractor for 1st 3 years from the actual date of completion of the work; (ii) 30% of the security deposit shall be refunded to the contractor on expiry of four years from the actual date of completion of the work; (iii) The balance 70% of the security deposit shall be refunded to the contractor on expiry of five years from the actual date of completion of the work;

Explanation :

The word ‘work’ means and includes road work, bridge work, building work, sanitary and plumbing work, electrical work and/or any other work contemplated within the scope and ambit of this contract. For I. The work of patch repair or patch maintenance in nature or a combination thereof, the Defect Liability Period of the work shall be three months from the actual date of completion of the work. II. Thorough Bituminous Surfacing work with bituminous thickness less than 40mm, Repair & Rehabilitation of any road / bridge / culvert / building / Sanitary & Plumbing work, the Defect Liability Period of the work shall be one year from the actual date of completion of the work. III. Extension of building / bridge / culvert, Construction of new flexible pavement up to bituminous level which has been designed for a period of 3 years or more, Widening and Strengthening of flexible pavement designed for a period of 3years or more, Improvement of riding quality / Strengthening of flexible pavement designed for a period of 3 years or more; Providing only mastic asphalt layer over existing bituminous surface without providing bituminous profile corrective course / bituminous base course, the Defect Liability Period of the work shall be three years from the actual date of completion of the work; IV. Construction of new building / new bridge / new culvert, Reconstruction of building / bridge / culvert including construction of approach roads for bridge / culvert, Construction of rigid pavement, Reconstruction of rigid pavement, Construction of new flexible pavement covered by mastic work which has been designed for a period of 5 years or more, Widening and Strengthening of flexible pavement covered by mastic work which has been designed for a period of 5years or more, Improvement of riding quality / Strengthening of flexible pavement covered by mastic work which has been designed for a period of 5 years or more, the Defect Liability Period of the work shall be five years from the actual date of completion of the work;

“The word ‘Government’ means the Government of the State of West Bengal in Public Works Department.” This bears concurrence of Group-T of Finance (Audit) Department vide their U.O. No. 417 Dated 22.08.2017; And For retro- reflectorised cautionary, mandatory and informatory sign as per Memorandum No. 264/SPW/2016 dated 10.11.2016 of the Principal Secretary to the Govt. Of W.B., Public Works Department

9) Engagement of Third Party Agency/ Supervision consultant and/ or Person/ Persons/ Highway Project Monitor for supervision of the work:- The Department / Notice Inviting Authority/ Engineer-in-Charge may engage third party agency/ Supervision consultant firm and / or any other person/s for supervision of the said work in addition to departmental supervision during the actual execution of the said work. The Supervision consultant firm will act as “Engineer/Representative of the Engineer-In-Charge. The authorized representatives of the third party agency/ Supervision consultant firm shall have right to have access to the entire work site including bidders laboratory, plant site, stack yard etc. The bidder shall have to afford every assistance in obtaining the right to such access. The said third party will assist the Engineer-in-Charge by monitoring the project, checking the quality and quantity of works by recording measurements and preparing bills of the bidder etc. The decision/ instruction given by the third party agency/ firm or person/s in respect of the said work shall have to be carried out by the successful bidder so far the decision / instruction does not violate any terms and conditions and financial status of the contract. In case any dispute arises in respect of the decision/ instruction given by the third party agency/ firm and/ or person/s during actual execution of the said work, the decision/ instruction shall have to be referred to the Department / Tender Accepting Authority/ Engineer-in-Charge by the successful bidder within seven days and the decision of the Department / Tender Accepting Authority/ Engineer-in-Charge shall be final and binding to the successful bidder. All sorts of co-operation shall have to be rendered to the third party agency/ firm and / or any other person/s by the successful bidder. Bidders are requested to quote their rate accordingly. Page 10 of 39

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10) (a) Debarment of intending bidders:- Any intending bidders who have failed to execute more than one work contract under any Directorate of Public Works Department and was terminated by any sub rule under Clause 3 of WBF No 2911 (ii) or terminated under any clause of Standard Bidding Document by the Engineer-in-Charge / Employer during last 3 (three) years will not be eligible to participate in any bid (including this Bid) under any Directorate under this Department for another 2 (two) years from the date of imposition of last termination notice by the Engineer-in-Charge. 10) (b) Debarment of successful bidder:- The successful bidder to whom letter of acceptance will be issued for the work under question, may be debarred from participating in any tender under any Directorate under this Department for another 2 (two) years and may be black listed for violating any terms and conditions of this NIT such as for (i) Non submission of hard copy of Earnest Money (including Bank Guarantee where applicable) in due time, (ii) Withdrawal of bid within bid validity period, (iii) Suppression of fact while submitting the bid & submission of manufactured/ fabricated/ false/incorrect documents, (iv) Refusal to make agreement within specified time after issuance of letter of acceptance, (v) Failure to complete the work and imposition of any sub rule under Clause 3 of WBF No 2911-ii or terminated under any clause, (vi) Failure to maintain the road within Defect Liability Period & (vii) Breach of contract. 10) (c) Suspension and debarment of Contractor, Supplier and Consultant participating for public works under Public Works Department (as per G.O. No.-547-W(C) /1M-387/15 Dated-16.11.2015 of Joint Secretary to the Govt. of West Bengal, Public Works Department):- PROCEDURE FOR SUSPENSION AND DEBARMENT OF SUPPLIERS, CONTRACTORS SND CONSULTANTS 1. SCOPE The procedure as laid down in subsequent paragraphs shall govern the suspension/ debarment of suppliers, Contractors and consultants (“contractors” for brevity) involved in government procurement for offenses or violations committed during competitive bidding and contract implementation, for the work under Public Works Department, Government of West Bengal. 2. PROHIBITION ON SUSPENDED/DEBARRED PERSONS/ ENTITIES TO PARTICIPATE IN THE BIDDING OF GOVERNMENT PROJECTS/CONTRACTS OF THE DEPARTMENT. A person / entity that is suspended/debarred by a procuring entity shall not be allowed to participate in any procurement process under Public Works Department during the period of suspension/ debarment unless the same has been revoked. A joint venture or consortium which is suspended/ debarred or which has suspended/ debarred member/s and /or partner/s as well as a person/entity who is a member of a suspended/debarred joint venture or consortium shall, likewise, not be allowed to participate in any procurement process under Public Works Department during the period of suspension/ debarment unless the same has been revoked.

3. DEFINITION OF TERMS:- 3.1 Bidder:- A person/ Contractor/Agency/ Joint Venture/Consortium/Corporation participating in the procurement process and/ or a Person/Contractor/Agency/Joint Venture /Consortium/ Corporation having an agreement / contract for any procurement with the department shall be referred as bidder. 3.2 Bid Evaluation Committee (BEC in short): a) “Bid Evaluation Committee” for the bids invited by the Executive Engineer will be comprising of i) Concerned Executive Engineer inviting bids as chairperson and convener. ii) Divisional Accounts Officer as member and iii) Concerned Assistant Engineer as member. b) “Bid Evaluation Committee” for the bids invited by the Superintending Engineer will be comprising of i) Concerned Superintending Engineer as chairperson and convener. ii) Concerned Executive Engineer as member iii) T.A. to Superintending Engineer of concerned Circle or any other Executive Engineer of the Circle as member. iv)Division Accounts Officer/Divisional Accountant as member The Bid Evaluation Committee, as constituted by the Department from time to time.

3.3 Consolidated Debarment List:- A list prepared by the Department containing the list of bidders debarred by the Public Works Department, Government of West Bengal. The list would be displayed on website of the Department. 3.4 Contract implementation:- A process of undertaking a project in accordance with the contract documents.

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3.5 Debarment:- An administrative penalty, in addition to the contract provision, disqualifying a bidder from participating in any procurement process under Public Works Department, Government of West Bengal for a given period. 3.6 Debarred Bidder:- A bidder who was disqualified by the competent authority of the Public Work Department, Government of West Bengal. 3.7 Department:- Public Work Department, Government of West Bengal.

3.8 Debarment Committee (Committee competent for issuing Debarment order):- The “ Debarment Committee” will be comprising of the i)The Engineer in Chief & Ex-Officio Secretary, Public Work Department as chairperson and convener, (ii) The Chief Engineer, Head Quarter, Public Work Directorate as member and (iii) The Chief Engineer, Head Quarter, Public Work(Roads) Directorate as member, iv) The Financial Advisor, Integrated Finance Branch, PWD as member, V)For electrical works, the Chief Engineer, Electrical / for NH works, the Chief Engineer, NH/ for Social Sector works, the Chief Engineer, Social Sector as member.

The Debarment Committee is authorized to decide to place alleged bidders under debarment. 3.9 Entity:- A Person/ Contractor/ Agency/ Joint Venture/ Consortium/ Corporation participating in the procurement process and/ or a Person/ Contractor/ Agency Joint Venture/ Consortium/ Corporation having an agreement/ contract for any procurement with the department shall be referred as entity. 3.10. Offence:- A violation or breach of law, regulation, laid down procedure, etc. 3.11 Procurement:- It is the act of buying goods, services or works from an external source. It is favourable that the goods, services or works are appropriate and that they are procured at the best possible cost to meet the needs of the acquirer in terms of quality and quantity, time, and location. 3.12 Procuring Entity/ Authority:- The officer authorized by the Public Works Department, Government of West Bengal, for procurement. 3.13 Suspension:- Temporary disqualification of a bidder from participating in the procurement process of Public Works Department for a period of 6 (six) months when an offence is made out against a bidder. 3.14 Suspension Committee (Committee competent for issuing Suspension Order):- “Suspension Committee: will be comprising of i) Zonal Chief Engineer, of the concerned Directorate, as chairperson and convener, ii) Assistant Chief Engineer (Monitoring), of the concerned Directorate as member and iii) Concerned Superintending Engineer, of the respective wing, as member. For NH wok, the Zonal Chief Engineer, P.W.(Roads)Directorate will act as Chairperson and Convener and for Electrical and Social Sector works, the Zonal Chief Engineer , P.W. Directorate will act as Chairperson and Convener of the Suspension Committee as stated above.

4. GROUNDS FOR SUSPENSION AND DEBARMENT 4.1. Submission of eligibility requirements containing false information or falsified documents. 4.2. Submission of Bids that contain false information or falsified documents, or the concealment or such information in the Bids in order to influence the outcome of eligibility screening or any other stage of the bidding process. 4.3. Unauthorized use of one’s name/ digital signature certificate for purpose of bidding process. 4.4. Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in his favour. 4.5. Refusal or failure to post a self-declaration to the effect of any previous debarment imposed by any other department of State Government and/ or Central Government. 4.6. All other acts that tend to defeat the purpose of the competitive bidding such as lodging false complain about any bidder, lodging false complain about any officer duly authorized by the department, restraining any interested bidder to participate in the bidding process.etc. 4.7. Assignment and subcontracting of the contract or any part thereof without prior written approval of the procuring entity. 4.8. Whenever adverse reports related to adverse performance, misbehavior, direct or indirect involvement in threatening, making false complaints etc damaging the reputation of the department or any other type complaint considered fit by the competent authority of the department, are received from more than one officer or at more than one occasion from individual officer. 4.9. Refusal or failure to post the required performance security/ earnest money within the prescribed time without justifiable cause. 4.10. Failure in deployment of technical personnel, engineers and/or work supervisor having requisite license/supervisor certificate of competency as specified in the Contract. 4.11. Refusal to accept an award after issuance of ‘’ letter of Acceptance’’ or enter into contract with the government without justifiable cause.

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4.12. Failure of the contractor, due solely to his fault or negligence, to mobilize and start work or performance within the specified period as mentioned in the “Letter of Acceptance”, “Letter of Acceptance cum Work Order”, “Work Order” , “Notice to Proceed”, “Award of Contract”, etc. 4.13. Failure by the contractor to fully and faithfully comply with its contractual obligations without valid cause, or failure by the contractor to comply with any written lawful instruction of the procuring entity or its representative (s) pursuant to the implementation of the contact. 4.14. For the procurement of consultancy service/ contracts, poor performance by the consultant of his service arising from his fault or negligence. Any of the following acts by the consultant shall be construed as poor performance. i. Non deployment of competent technical personnel, competent engineers and /or work supervisors: ii. Non deployment of committed equipment, facilities, support staff and manpower, and iii. Defective design resulting in substantial corrective works in design and/or construction: iv. Failure to deliver critical outputs due to consultant’s fault or negligence; and v. Specifying materials which are inappropriate and substandard or way above acceptable standards leading to high procurement cost. vi. Allowing defective workmanship or works by the contractor being supervised by the consultant. 4.15. For procurement of goods, unsatisfactory progress in the delivery of the goods by the manufacturer, supplier or distributor arising from his fault or negligence and/ or unsatisfactory or inferior quality of goods, vis a vis as laid in the contract. 4.16. Willful or deliberate abandonment or non-performance of the project or contract by the contractor resulting to substantial breach thereof without lawful and/or just cause. 5. CATEGORY OF OFFENSE:- 5.1 First degree of offense:- Sl. No. 4.1 to 4.16 to be considered as first degree of offense. 5.2 Second degree of offence: - Any one of the offences as mentioned under 5.1 above, committed by a particular bidder/ contractor/supplier by more than one occasions, be considered as second degree of offense.

In addition to the penalty of suspension / debarment, the bid security / earnest money posted by the concerned bidder or prospective bidder shall also be forfeited.

(The same must be invariably part of the process of evaluation of bids.) 6. PENALTY FOR OFFENCE :- 6.1 For committing 1st Degree of offence :- Disqualifying a bidder from participating in any procurement process under the Public Works Department, Government of West Bengal up to 2(two) years.

6.2 For committing 2nd Degree of offence :- Disqualifying a bidder from participating in any procurement process under the Public Works Department, Government of West Bengal for a period of 3(three) years.

7. PROCEDURE OF SUSPENSION AND DEBARMENT DURING THE PROCUREMENT PROCESS :- 7.1 Initiation of Action, Notification and Hearings. Any bidder of procurement authority on his own or based on any other information made available to him may initiate the process of suspension / debarment proceedings by filling a written complaint with the Bid Evaluation Committee and such filing of written application has to be done within forty eight hours from the date and time of publication of the result of technical evaluation of any bid.

a) Upon verification of the existence of grounds for suspension / debarment, the chairperson of Bid Evaluation Committee shall immediately notify the bidder concerned either electronically through his registered e-mail id or in writing to his postal address, advising him that : i) A complaint has been filed against him and prima facie material has been found, which may lead to suspension / debarment. ii) He has been recommended to be placed under suspension / debarment by the Suspension Committee, stating the grounds for such. iii) The said bidder within three days from the date of issue of such notification by the Bid Evaluation Committee, may approach the chairperson of Suspension Committee by submitting all required documents in his favour for a hearing. Any application made thereafter would not be entertained.

Such notice should contain the e-mail id and the postal address of the Chairperson of the Suspension Committee. b) After receiving the recommendation for suspension from Bid Evaluation Committee, the Suspension Committee shall issue a notice to the alleged bidder, electronically through his registered e-mail id, to submit all relevant documents in support of his defense within three working days after issuance of the notice of the Suspension Committee. The Suspension Committee will conduct the hearing within seven working days from the date of receipt of the documents from the alleged bidder. If no appeal has been received from the alleged bidder or after hearing if found sufficient ground for suspension the Suspension Committee Page 13 of 39

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will suspend the alleged bidder from participating in the procurement process under the Public Works Department for a period of 6(six) months from the date of issuance of Suspension order. The Chairperson of the Suspension Committee shall issue the Suspension Order within 7(seven) days from the last date of hearing and shall notify the bidder concerned either electronically through his registered e-mail id or in writing to his postal address. The chairperson of Suspension Committee shall also inform the decision to all concerned. If sufficient reasons for suspension are not found, the Suspension Committee would reject the recommendation of Bid Evaluation Committee and would allow the bidder to take part in the tendering process. If the bidder is suspended, the Suspension Committee would recommend debarment of the bidder and forward the case with all documents to the Debarment Committee for further action. c) The Debarment Committee upon receipt of the recommendation of the Suspension Committee shall scrutinize the documents. The Debarment Committee will hold a hearing of the alleged bidder and issue necessary order within 10(ten) working days from the last date of hearing. The Debarment Committee if satisfied after hearing shall forward the case to the Department for order of debarment. The Department in due course will issue Debarment Order disqualifying / prohibiting the erring bidder from participating in the bidding / procurement of all projects under Public Works Department, Government of West Bengal for a specified period. The alleged bidder shall be intimated accordingly either electronically through his registered e-mail id or in writing to his postal address. Otherwise the Debarment Committee may reject the recommendation of the Suspension Committee. The chairperson of Debarment Committee shall also inform the decision to all concerned. 8. PROCEDURE FOR DEBARMENT DURING THE CONTRACT IMPLEMENTATION STAGE :

a) Upon termination of contract due to default of the bidder, the Engineer-in-charge shall recommend for debarment to the Bid Evaluation Committee. The Bid Evaluation Committee shall submit his recommendation of debarment of the alleged bidder along with a detail report stating clearly the reasons for debarment to the Debarment Committee within thirty days from the date of termination of contract. The alleged bidder shall be initiated accordingly either electronically through his registered e-mail id or in writing to his postal address. The chairperson of Bid Evaluation Committee shall also inform the decision to all concerned. b) The Debarment Committee upon receipt of the recommendation of the Bid Evaluation Committee shall scrutinize the documents. The Debarment Committee will hold a hearing about the matter from the bidder and issue necessary order within 10(ten) working days from the last date of hearing. The Debarment Committee if satisfied after hearing shall forward the case to the department for order of debarment. The department in due course will issue Debarment Order disqualifying / prohibiting the erring bidder from participating in the bidding /procurement of all projects under Public Works Department, Government of West Bengal for a specified period. The alleged bidder shall be intimated accordingly either electronically through his registered e-mail id or in writing to his postal address. Otherwise the Debarment Committee may reject the recommendation of the Bid Evaluation Committee. The chairperson of Debarment Committee shall also inform the decision to all concerned. 9. STATUS OF SUSPENDED/DEBARRED BIDDER:- a) Bidder placed under suspension / debarment by the competent authority will not be allowed to participate in any procurement process, within the period of suspension /debarment, in any procurement process under Public Works Department. The earnest money of the suspended bidder shall stand forfeited to the Government. b) If the Suspension/ Debarment order is issued prior to the date of issue of : Letter of Acceptance” “Letter of Acceptance cum Work Order”, “Work Order”, Notice to Proceed” Award of Contract”, etc for any bid, the suspended/ debarred bidder shall not be qualified for award for the said bid and such procurement process will be dealt with as per existing norms by simply excluding the erring bidder. c) If the Suspension/ Debarment Order is issued after award of a government project/ contract to the debarred bidder, the awarded project /contract shall not be prejudiced by the said order provided that the said offense(s) committed by the debarred bidder is not connected with the awarded project/ contract. 11) Additional performance Security in Road Projects. (As per order no 1T-06/2017/444-R/PL dated 18.04.2017 & 797-W(C) /1M-24/15 dated 06.12.2017 of Principal Secretary, Public Works Department, Planning Branch, Government of West Bengal) The Additional Performance Security shall be obtained from the successful bidder, if the accepted bid value is more than 20% less than the estimated amount put to tender, from the successful bidder having own prime machineries for construction of roads works as detailed in Annexure-I, If the successful bidder not having ownership of any of the prime machineries as stated above, the Additional Performance Security shall be obtained from the successful bidder if the accepted bid value is more than 10% less than the estimated amount put to tender. The Additional Performance Security shall be equal to 10% of the tender amount. The Additional Performance Security shall be submitted in the form of Bank Guarantee from any Scheduled Bank as per enclosed format (Annexure-II) before issuance of Work Order. If the bidder fails to submit the Additional Performance Security within seven working days from the date of issuance of Letter of Acceptance, his earnest money will be forfeited.

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The said Bank Guarantee shall be valid up to the end of successful completion of the work of the work and shall be renewed accordingly, if required. The said Bank Guarantee shall be returned immediately after successful completion of the contract. If the bidder fails to complete the work successfully, the Additional Performance Security shall be forfeited at any time during the pendency of the Contract period after serving proper notice to the Contractor. Necessary provisions regarding deduction of Security deposit from the progressive bills of the contractor as per relevant clauses of the contract will in no way affected/ altered by this Additional Performance Security

Annexure-I Sl. Item of Work Requirement of prime machineries No. 1 Bituminous Concrete using Batch Type HMP Batch type HMP 100-120TPH, Hydrostatic paver finisher with sensor control, 12-15 100-120TPH tonne weight pneumatic tyre roller, 6-8 tonne smooth wheeled tandem roller.

2 Dense Bituminous Macadam using Batch Type Batch type HMP 100-120TPH, Hydrostatic paver finisher with sensor control, 12-15 HMP 100-120 TPH tonne weight pneumatic tyre roller, 6-8 tonne smooth wheeled tandem roller. 3 Semi-dense Bituminous Concrete using Batch Batch Type HMP 100-120 TPH, Hydrostatic paver finisher with sensor control, 6-8 Type HMP 100-120 TPH tonne smooth wheeled tandem roller. 4 Bituminous Macadam using Batch Type HMP Batch Type HMP 100-120 TPH, Paver finisher, 6-8 tonne smooth wheeled tandem 100-120 TPH roller. 5 Bituminous Macadam using drum Mix Type Dram Mix Type HMP 60-90 TPH, Paver finisher, 6-8 tonne smooth wheeled tandem HMP 60-90 TPH roller.

6 Bituminous Macadam using Dram Mix Type Drum Mix Type HMP 40-60 TPH, Paver finisher, 6-8 tonne smooth wheeled tandem HMP 40-60 TPH roller. 7 Bituminous Macadam using Dram Mix Type Mobile HMP (Light duty), 6-8 tonne smooth wheeled tandem roller. HMP(Light duty) 8 Open-graded Premix Surfacing / Mix Seal Batch Type HMP 100-120 TPH, Paver Finisher. Surfacing using Batch Type HMP 100-120 TPH

9 Open-graded Premix Surfacing / Mix Seal Drum Mix Type HMP 60-90 TPH, Paver Finisher. Surfacing using Drum Mix Type HMP 60-90 TPH 10 Open-graded Premix Surfacing / Mix Seal Drum Mix Type HMP 40-60 TPH, Paver Finisher. Surfacing using Drum Mix Type HMP 40-60 11 Open-graded Premix Surfacing / Mix Seal Mobile HMP (Light duty). Surfacing using Mobile Hot Mix Plant (Light Duty) 12 Wet mix Macadam Wet Mix Plant, Paver Finisher, vibratory roller of minimum static weight of 8-10 tonne (for compacted single layer upto 200mm) 13 Cement Concrete Pavement Laying with fixed Concrete Batch Mix plant with Computer Control, form/ slip form paver Fixed Form/Slip Form Paver, Vibrator. 14 Cement Concrete Pavement mixed in a Batch Concrete Batch Mix Plant with Computer Control. Mix Plant and laying manually 15 Major Bridge Works contain M35 grade Concrete Batch Mix Plant with Computer Control. concrete or above M35 grade concrete 16 Milling of bituminous layers by milling Machine Milling Machine.

Note : These are the minimum required prime machineries for execution of above mentioned works with the designated plant. For any special type of work concern tender inviting authority may seek any special type of machineries. Also the tender inviting authority may modify it based on the site condition & specification of the work in realistic manner. The Machineries which are easily available in the market need not be included in the NIT as a Prime Machineries. TPH – Tonne per Hour, HMP – Hot Mix Plant.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

Annexure-II FORMAT OF THE BANK GUARANTEE FOR ADDITIONAL PERFORMANCE SECURITY DEPOSIT To ------[Designation of Engineer-In-Charge] ------[Office address of Engineer-In-Charge] ------Account Details Account Name : WB Govt Pooling A/C for Performance Guarantee Beneficiary Bank Account No : 000605030134 IFSC Code : ICIC0000006 MICR Code : 70229002 Branch Address : ICICI Bank, 22 R.N. Mukherjee Road, Kolkata-700001 ICICI Email ID : [email protected] ICICO Helpdesk No. : 033-40267512/ 033-40267513

WHEREAS [name and address of Contractor] (hereafter called. “the Contractor”) has undertaken, in pursuance of Letter of acceptance 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 Contractor shall furnish you with a Bank Guarantee by a Scheduled commercial bank for the sum specified therein for ‘ADDITIONAL PERFORMANCE SECURITY DEPOSIT’ for compliance with his obligation in accordance with the Contract; AND WHEREAS we (indicate the name of the bank & branch) have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE we ; (indicate the name of the bank & branch) hereby affirm that we are the Guarantor and responsible to you on behalf of the Contractor, upto a total of Rs. [Amount of guarantee] (in words). We undertake to pay you, upon your first written demand and without cavil or argument, a sum within the limits of [amount of guarantee] as aforesaid without you needing to prove or to show grounds or reasons for your demand for the sum specified therein. We (Indicate the name of the bank & branch) hereby waive the necessity of your demanding the said debt from the contractor before presenting us with the demand. We (indicate the name of the bank & branch) further agree to pay to you any money so demanded not withstanding any dispute or disputes raised by the contractor (s) in any suit or proceeding pending any court or Tribunal relating thereto, our liability under this present and unequivocal. The payment / so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor (s) shall have no claim against us for making such payment. We (Indicate the name of the bank & branch) 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 Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. We (indicate the name of the bank & branch) lastly undertake not to revoke this guarantee except with the previous consent of you in writing. This Guarantee shall be valid upto------it come into force with immediate effect and shall remain in force and valid for a period upto the time of completion of the work under the stated contract plus claim period of Six months for the Bank Guarantee. Notwithstanding, anything mentioned above, our liability against this guarantee is restricted to Rs. (Rs. ) and unless a claim in writing is lodged with us within the validity period, i.e, upto------of this guarantee all our liabilities under this guarantee shall cease to exist Signed and sealed this day of 20 at SIGNED, SEALED AND DELIVERED For and on behalf of the BANK by (Signature) (Name) (Designation) (Code Number) (Address) NOTES : (i) The bank guarantee should contain the name, designation and code number of the officer(s) signing the guarantee.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

The address, telephone number and other details of the Head Office of the Bank as well as of issuing Branch should be mentioned on the covering letter of issuing Branch.

12) Shifting of electrical utilities (As per order no 1M-25/16/614-R/PL dated 30.05.2017 of Principal Secretary, Public Works Department, Planning Branch, Government of West Bengal) 1. The Civil Contractor shall, in accordance with Applicable Laws and with assistance of the Department, execute shifting of electrical utilities to an appropriate location or alignment, if such utilities or obstructions adversely affect the execution of the Civil Works, through any enlisted erection contractor/ agency of WBSEDCL/CESC. If the Civil Contractor himself is enlisted with WBSEDCL/CESC for such works, he may execute the shifting work himself under the supervision of WBSEDCL/CESC. 2. A Programme of work schedule in detail will have to be submitted prior to commencement of the work so that WBSWDCL/CESC can arrange for necessary supervision. 3. The materials / equipment to be utilized in the shifting work must conform to the specifications and drawing of WBSEDCL/CESC as the case may be and as per its approved GTP (General Technical Particulars). 4. The dismantled Distribution Transformers are to be returned to the store of WBSEDCL. 5. The services to the existing consumers will not be allowed to get affected for such shifting works without prior approval of WBSEDCL/CESC. 6. The actual cost of such shifting, as approved and communicated by WESEDCL /CESC, shall be paid by the Civil Contractor and reimbursed by the Department to the contractor from the utility shifting cost provided in Administratively Approved Amount of the project. 13) Language All communications, Documentation and proceedings which are in any way relevant to Bidding shall be writing in English/Bengali/Hindi language. 14) Bitumen & Emulsion (As per order no 21-E-in-C/2018 dated 31.01.2018 and order no 36-E-in-C/2018 dated 15.02.2018 of Engineer-in Chief & E.O.Secretary, Public Works Department, Government of West Bengal) Bitumen of different variety of VG 30, VG 40 & Cationic Emulsion should be IOCL/BPCL/HPCL for departmental road project works. 15) Plantation of trees for every tree felled (as per circular no. – 1M-7/19/755-R/PL dated – 24/07/2019 of Principal Secretary, Public Works Department, Government of West Bengal) There is a commitment to plant five trees for every tree felled. During implementation of various projects of PWD trees are felled as necessary for implementation of the projects after proper permission from Forest Department. However it is noticed that plantation of trees are not being strictly monitored. It is hereby directed that plantation and nurturing of five trees for every tree felled should be ensured. The Defect Liability Period has to cover this aspect also and lost tree should be replenished by new plantation. The plantation should preferably be done on the slope of embankment of the road to project the slopes. 16) Miscellaneous:- 1) Pan Card, Professional Tax receipts Challan for the year 2019-2020, valid 15-digit Goods and Services Taxpayer identification Number (GSTIN) under GST Act 2017 & valid Trade License to be accompanied with the Technical Bid documents. Income Tax (Saral) Acknowledgement Receipt for the assessment year 2019-2020 to be submitted. N.B.- “Tax invoice (s) needs to be issued by the supplier for raising claim under the contract showing separately the tax charged in accordance with the provisions of GST Act, 2017” As per order of Principal Secretary, Finance Department, Audit Branch, Government of West Bengal {No-4374-F(Y) dated-13.07.2017} 2) Neither prospective bidders nor any of their constituent partner had been debarred to participate in tender by the Public Works Department / P.W.(Roads) Department (under Govt of West Bengal) during the last 5 (five) years prior to the date of issue of this NIT. Such debar will be considered as disqualification towards eligibility. (A declaration through Affidavit in this respect has to be

furnished by the prospective bidders as per prescribed format without which the Technical Bid shall be treated non-responsive) 3) Joint Ventures will be allowed for road works having estimated cost of civil works put to tender minimum Rs. 25 crors (vide order no-242-W(C)/1M-132/15 dated-20.05.2015 of Principal Secretary to the Govt. of West Bengal, Public Works Department).

4) A prospective bidder shall be allowed to participate in Bidding system either in the capacity of individual or as a partner of a firm. If found a prospective bidder has applied severally in a single job of this N.I.T, all his/her/their applications & bids will be rejected

without assigning any reason thereof.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

5) The partnership firm shall furnish the partnership deed duly registered or notarized and the company shall furnish the Registered Article of Association and Memorandum. 6) Where an individual person holds a digital certificate in his own name duly issued to him against the company or the firm of which he happens to be a director or partner (even Managing Director), such individual person shall, while uploading any tender for and on behalf of such company or firm, invariably upload a separate copy of registered power of attorney (notarized not to be allowed) showing clear authorization in his favour, by the rest of the directors of such company or the partners of such firm, to upload such tender. The power of attorney shall have to be registered in accordance with the provision of the Registration Act, 1908. (As per notification No. 61/SPW/12 dated 08.06.2012 of the Secretary, Public Works Department, Government of West Bengal) 7) Any Modification/Replacement of/in B.O.Q. template by the Bidder will not be accepted under any circumstances. 8) Constructional Labour Welfare Cess @ 1% (one percent) of cost of construction will be deducted from every Bill of the accepted bidder. GST, Royalty & all other statutory levy/ Cess will have to be borne by the contractor & the rate of different items of works in the B.O.Q are inclusive of all the taxes, cess & all other charges etc. Necessary deduction will be made from the contractor’s bills as

per prevailing Govt. orders and rules towards security deposit & other taxes & charges etc. 9) There is no provision for Arbitration in this N.I.T. (part of the contract document). Content of existing Clause- 25 of W.B Form No. 2911 (ii) has been replaced vide G.O.No.-8182-F(Y) dated-26.09.2012 of the Secretary, Finance Department (Audit Branch), Government of West Bengal). Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever, in any way arising out of relating to the contracts designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the executions or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof shall be dealt with as mentioned hereinafter: If the contractor considers any work demanded of him to be outside the requirements of the contract, or disputes any drawings, record or decision given in writing by the Engineer-in-Charge on any matter in connection with or arising out of the contract or carrying out of the work, to be unacceptable, he shall promptly within 15 days request the Chairman of the Dispute Redressal Committee in writing for written instruction or decision. Thereupon, the Dispute Redressal Committee shall give its written instructions or decision within a period of three months from the date of receipt of the contractor’s letter. The Dispute Redressal Committee in each of the works Departments shall be constituted with the following officials as members:- 1 Additional Chief Secretary / Principal Secretary / Secretary of the Department concerned. Chairman 2 Engineer- in- Chief / Chief Engineer or any officer of equivalent rank of the Department. Member

3 One Designated Chief Engineer / Engineer of the Department to be nominated by the Department Member Secretary and concerned. Convenor One representative of Finance Department of the Government not below the rank of Joint 4 Secretary or Financial Adviser in case of the works Department where FA system has been Member introduced. This provision will be applicable irrespective of the value of the works to which the dispute may relate. 10) The Bidder, at his own responsibility and risk is encouraged to visit and examine the site of said work and its surroundings and obtain all information and satisfy himself /herself/ themselves that may be necessary for preparing the Bid, quoting rate in B.O.Q. and entering into a contract in all respect for the work as mentioned in the Notice Inviting Tender & no plea or claim in this regard will be entertained and considered under any circumstances by the department in future. The cost of visiting the site shall be at the

Bidder’s own expense. 11) The intending Bidders shall clearly understand that, whatever may be the out come of the present invitation of Bids, no cost of

Bidding shall be reimbursable by the Department at any stage. Page 18 of 39

Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

12) Prospective applicants are advised to note carefully the qualification criteria as mentioned in ‘Instruction to Bidders’,

simultaneously readout attentively & carefully all the clauses & contents of this N.I.T. before submission of Bid. 13) In case of Ascertaining Authority at any stage of tender process or execution of work necessary registered irrevocable power of

attorney is to be produced if desired so. 14) All the intending bidders are requested to be present in the office chamber of the Superintending Engineer, Western Highway Circle No.-I, P.W. (Roads) Directorate during opening of the Tender to observe the tender opening procedure and also in pre-bid

meeting. 15) No CONDITIONAL/ INCOMPLETE TENDER/BID will be accepted under any circumstances. 16) In the event of acceptance of lowest tendered rate, no multiple lowest rate will be considered by the Department. The Superintending Engineer, Western Highway Circle No.-I, P.W. (Roads) Directorate reserves the right to cancel the N.I.T. or any work of this N.I.T. due to unavoidable circumstances and no claim of any bidder in this respect will be entertained by the Department. 17) If any discrepancy arises between two similar clauses on different notifications, the clause as stated in later notification will supersede former one in following sequence:- a. W.B. Form No. 2911(ii) b. NIT {including all kinds of terms and conditions, instructions to bidders, addenda & corrigenda (if any)}. c. Technical bid d. Financial bid 18) The Tender Inviting & Accepting Authority through a ‘Bid Evaluation Committee’ will determine the eligibility of each bidder, the bidders shall have to meet all the minimum criteria as laid down in this N.I.T. 19) The eligibility of a bidder will be ascertained on the basis of documents in support of the minimum criteria as mentioned above in various clauses and the declarations (under different Sections of N.I.T.as applicable) executed through prescribed affidavits in non- judicial stamp paper of appropriate value duly notarized. 20) During scrutiny of documents of Technical Bid or prior to issue of letter of acceptance if it is observed and proved that, if any document uploaded/submitted by a bidder is either fabricated or manufactured or false or incorrect, the eligibility of the bidder/ tenderer will be out rightly rejected without any prejudice with forfeiture of earnest money to the Government and penal action may be taken against the respective bidder. The said bidders/s may be debarred from participation in any tender within the jurisdiction of Public Works & Public Work (Roads) Department, Govt. of West Bengal for a minimum period of 2 (two) years or more or may be black listed as it deem fit by the competent authority. 21) In case if there be any objection/complain regarding Non-Eligibility in Technical Bid Evaluation, only Intending Bidders or authorized persons on behalf of the Bidders may lodge objection/complain along with specific authentic documents in support of their objection/complain as a proof to the Notice Inviting Authority within 48 (forty eight) hours from the publication time (uploading time in web portal) of the Technical Bid Evaluation and beyond that time schedule (i.e. after expiry of 48 hours) no objection/complain will be entertained as well as without any specific authentic documents as a proof in support of lodged objection / complain, no objection or complain in this regard will be entertained. On the other hand penal action may be taken against the respective Bidders for lodging false objection or complain for obligatory attitude/ creating hindrance towards development works of the Govt. The detailed address of the complainant including e-mail/Fax number, mobile number & telephone number shall invariably have to be provided in their letter. 22) Contractor shall have to comply with the provisions of (a) the contract labour (Regulation Abolition) Act. 1970(b) Apprentice Act. 1961 and (c) minimum wages Act. 1948 of the notification thereof or any other laws relating thereto and the rules made and order issued thereunder from time to time. 23) Interested Bidders may contact this office in any working day within the stipulated time period for any other information if required. 24) Proper safety measure in course of barricading of the work site with proper road safety tape and movable Iron barricade should be provided by the successful bidder during actual execution of the work at his/her/their own cost. 25) Deployment of milling machine if necessary at site should be made in the work site. 26) WMM/WBM work surface should be covered by next course of bituminous surface (either BM/DBM as the case may be) in course of necessary payment for the WMM/WBM work/item.

Superintending Engineer Western Highway Circle-I Public Work (Roads) Directorate

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

INSTRUCTION TO BIDDERS SECTION – A

1. General guidance for e-Tendering:- Instructions/ Guidelines for tenders for electronic (online) submission of the tenders have been annexed for assisting the contractors to participate in e-Tendering. 2. Registration of Contractor:- Any contractor willing to take part in the process of e-Tendering will have to be enrolled & registered with the Government e- Procurement system, through logging on to http://etender.wb.nic.in . The bidder is to click on the link for e-Tendering site as given in the web portal. 3. Digital Signature Certificate (DSC):- Each bidder is required to obtain an appropriate class of Digital Signature Certificate (DSC) for submission of tenders / bids from the approved service provider of the National Information’s Centre (NIC) on payment of requisite amount. Details are available at the Web Site. 4. The bidders may search & download NIT & Tender/ Bid Documents electronically from computer once he logs on to the website (http:// etender.wb.nic.in) using the Digital Signature Certificate. This is the only mode of collection of Tender Documents. No payment is to be made to the department for down loading the bid documents. 5. Participation in more than one work:- In a particular NIT, having multiple work, a bidder can participate in more than one work provided the bid capacity permits and the bidder is capable to arrange and deploy separate set of required machineries for multiple works and complete the work in specified time. (vide memo No.-797-W(C)/1M-24/15 dated-06.12.2017 of Principal Secretary to the Govt. of West Bengal, Public Works Department). 6. Submission of Tenders/ Bids:- Tenders are to be submitted through online to the appropriate website in two folders at a time for each work, one in Technical Proposal & the other in Financial Proposal within the prescribed date & time using the Digital Signature Certificate (DSC). The documents free from virus, scanned, transformed into in editable formats and duly Digitally Signed are to be uploaded in web portal. A. Technical proposal:- The Technical proposal should contain following further two covers (folders). At the time of downloading of Technical bid (for evaluation) if it is observed that, after trying best (even getting advice from N.I.C. or going through Revocation process) if any folder/file of web portal cannot be opened or found not in a readable format, it may be established that, there is some deficiency (due to missing operation) at intending tenderer’s part in uploading of requisite documents in web portal. For such cases the Technical bid of the respective bidder will be summarily rejected. So, at the time of uploading bid & its related supporting documents in web portal care should be taken, so that during evaluation all the documents (as to be submitted by the Bidders) can opened & can found neat and clean in a readable format and as per prescribed index.

A-1. Statutory Cover (to be submitted through online) Containing:- i. Application duly typed/ written and duly signed in letter headed pad (as per Format given in Section-B, Form-I). ii. Details of earnest money deposit (EMD). iii. Financial Statement (as per Format in Section – B, Form – II). iv. Affidavits (Ref: - as per format given for Affidavit -X & Declaration through Affidavit -Y in this N.I.T.) in non-Judicial Stamp of appropriate value duly Notarized.

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v. Tender in W.B.Form No. 2911 & NIT (including all kinds of terms and conditions with all addenda & corrigendum. [Download & upload the same by Digitally Signed. Contractual rate is to be quoted in the B.O.Q only under Financial Bid. In case, rate is quoted in W.B.Form No. 2911(ii) or anywhere in Technical Bid Documents by the Bidder, the tender is liable to be summarily rejected.

A-2. Non statutory Cover (to be submitted through online) containing:-

Sl Category Details No Name A CERTIFICATES i) Professional Tax (P.T.) deposit receipt challan for the financial year 2020-21, Pan Card, Receipt of I.T. (Saral) for the Assessment year 2019-2020, valid 15-digit Goods and Services Taxpayer identification Number (GSTIN) under GST Act 2017, Valid Trade License. ii) a. Scanned copy of valid Bye-laws is to be submitted by the Registered Labour Co-Operative Society and Engineers’ Co- Operative Society. b. Registered Unemployed Engineers’ Co-operative Societies/ Unemployed Labour Co-operative Societies having validity are requested to furnish their resolution copy of latest annual general meeting/ general meeting /committee meeting (wherein taken decision regarding delegation of power to a particular member of the respective society to use the Digital Signature Certificate has been mentioned, if any). B COMPANY i) Registration Certificate under Company Act. (If any)./Registered contractors (as applicable as per G.O.) DETAILS ii) Registered or Notarized Deed of partnership Firm/Registered Article of Association & Memorandum. iii) Registered Power of Attorney (applicable for Partnership Firm/ Private Limited/Limited Company). C PLANTS & Scanned copies are to be submitted (online) :- MACHINERY i. Authentic photocopies of Tax Invoice, Delivery Challan and Way bill for each Plant and machinery in working condition shall have to be submitted. ii. Other documents including registered deed of sale and lease hold agreement (as the case may be, duly Notarized) etc. and supporting documents as required and mentioned under relevant clause-3, Sl. No. i to vi of special Terms and Conditions of this NIT are to be submitted. D TECHNICAL List of Technical staffs along with structure & organization (in format Section – B, Form – III) shall have to be submitted. STAFFS E CREDENTIAL Documents as required under relevant clause of this NIT are to be submitted.

Note:- Failure of submission by the Bidders of any of the above mentioned documents & for non-compliance (as stated above ) may render the tender to be summarily rejected for both statutory & non statutory covers. B. Bid Evaluation committee(BEC):- i) Bid Evaluation committee constituted under the memo No. 45-W(C)/1M-23/15 dated- 13/02/2015 of the Principal Secretary, P.W. Department, Govt. of W.B. will continue to function as Bid Evaluation committee for determination of technically qualified contractors. ii) Opening of Technical proposal:- Technical proposals will be opened by the Superintending Engineer, Western Highway Circle No.–I, Public Works (Roads) Directorate. iii) Intending tenderers are requested to read content of this N.I.T. with terms & conditions, specification, W.B.F.No.-2911 (ii) & B.O.Q. thoroughly & carefully and considering all aspects rate to be quoted in the B.O.Q. & no plea or claim in this regard will be entertained by the Department. iv) Cover (folder) of statutory documents under section-A would be opened first & if found in order, then cover (Folder) for non- statutory documents under section-A will be opened. For any discrepancy / dispute/ error/ in- conformity/ mismatch is found either in statutory or non-statutory documents or in both documents, the said bid / tender may be rejected. v) Scrutiny & decision of the evaluation committee, the summary list (in Technical Bid Evaluation) of eligible tenderers & the serial number of work for which their proposal will be considered in financial bid will be uploaded in the web portal. vi) While evaluation, the committee may call the bidders to seek clarification / information or additional supporting documents or original hard copies of any documents which have already been submitted/ uploaded in the web portal by the bidders. Bidders shall

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

have to submit such hard copies within specified time frame as to be stated by the Tender Evaluation Committee failing which the bid may be rejected. C. Financial proposal:- i. The financial proposal should contain the following documents in one cover (folder) i.e. Bill of Quantities (BOQ). The bidder is to quote the rate (percentage above/ below/ At par) online through computer in the space marked for quoting rate in the BOQ. ii. Downloaded copies of the above documents are to be uploaded virus scanned & Digitally Signed by the bidder. 7. Financial capacity of a bidder will be judged on the basis of Net worth and bid capacity as mentioned in the Financial Statement of the N.I.T. 8. Penalty for suppression / distortion of facts Submission of false/fabricated/manufactured/incorrect document or suppression of any completed or running or incomplete works (including works under PMGSY or any work in any other Department) or suppression or distortion of facts by the intending tenderers is strictly prohibited, yet, if it is found/proved prior to issue of letter of acceptance; his/her/their bid will summarily be rejected and the case may be referred to the appropriate authority for prosecution as per rules and regulation with forfeiture of earnest money (including Bank Guarantee if any) to the Government and the said bidder may be debarred from participating in tenders under any Directorate of the Public Works Department , Government of West Bengal for a minimum period of 2 (two) years or more or may be black listed as deemed fit by the competent authority of the Department. 9. REJECTION OF BID:- The Employer (tender accepting authority) reserves the right to accept or reject any Bid and to cancel the Bidding processes and reject any or all Bids at any time prior to the award of Contract without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the ground for Employer’s (tender accepting authority) action. 10. AWARD OF CONTRACT:- The Bidder who’s Bid has been accepted will be notified by the Tender Inviting & Accepting Authority through Letter of Acceptance. The Letter of Acceptance will constitute the formation of the Contract.

An Agreement will be constituted in between the Tender Accepting Authority and the successful Bidder (L1 Bidder) in W.B.F.No.- 2911(ii) along with all necessary documents e.g. N.I.T. (including all kinds of terms and conditions and specifications of works), all addenda-corrigendum, different filled-up forms (Section –B), B.O.Q., Affidavits, original application, Comparative Statement,

Acceptance letter etc. Successful tenderer (L1 Bidder) shall have to purchase requisite copies of contract documents (on payment of requisite cost for formal agreement) from concerned Division & submit the same along with original Application, Affidavit-‘X’ and ‘Y’ to this office within the specified time limit as to be stated in the letter of acceptance positively & failure to comply content of this Clause & failure to submit the aforesaid requisite instrument by the successful bidder, the said bidder may be debarred from participating tenders under any Directorate of the Public Works Department , Government of West Bengal for a minimum period of 2 (two) years or more as deemed fit by the tender Inviting authority or competent authority of the Department.

Superintending Engineer Western Highway Circle-I Public Works (Roads) Directorate

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

SECTION – B (Forms & Formats) FORM –I

PROFORMA FOR APPLICATION (IN LETTER HEADED PAD)

To The Superintending Engineer Western Highway Circle No.-I Public Works (Roads) Directorate

Ref: - Tender for the work:- …………………………………………………………………………

N.I.T.No.:-……. (Sl. No…..) of 2020-21 of Superintending Engineer, Western Highway Circle No.-I, P.W.(Roads) Directorate.

Dear Sir, Having examined and agreed with the all terms and conditions of the aforesaid Notice Inviting Tender (e-tender), I /we hereby submit all the necessary information and relevant documents for evaluation. The application is made by me / us on behalf of______In the capacity ______duly authorized to submit the order. The necessary evidence admissible by law in respect of authority assigned to us on behalf of the group of firms for Application and for completion of the contract documents is attached herewith.

We are interested in bidding for the work(s) given in Enclosure to this letter.

We understand that: (a) Tender Inviting & Accepting Authority can amend the scope & value of the work/ bid under this NIT. (b) Tender Inviting & Accepting Authority reserve the right to reject any application without assigning any reason.

Enclo:- e-Filling:- 1. Statutory Documents 2. Non-Statutory Documents

Date: - Signature of applicant including title and capacity in which application is made.

Phone No. (with S.T.D. code):-……………………………….

Mobile No.:-……………………………..

e-mail address:-

N.B.:- Application is to be submitted in original at the time of making agreement.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

SECTION – B Form - II PROFORMA FOR FINANCIAL STATEMENT B/II/1 Name of Applicant : B/II/2 Annexure-A Information of audited financial statements for the last year to demonstrate the current soundness of the Bidder’s financial position: 1. The Bidder’s Net worth for the last year calculated on the basis of capital, profit and free reserve available to the firm should be positive. In case of Joint Venture, Net worth for each partner of the Joint Venture should be positive, which shall be calculated as follows; i) If Joint Venture is a company, Net worth should consist of share capital, profit and free reserve available to the company. ii) If Joint Venture is a partnership or proprietary firm, Net worth should consist of capital, profit and free reserve available to the firm. 2. Bidders, who meet the minimum qualification criteria, will be qualified only if their available bid capacity at the expected time of bidding is more than the total estimated cost of the works. The available bid capacity will be calculated (by the bidder/authorized signatory of the bidder) as under: Assessed Available Bid capacity= (AxNx2-B) where A= Maximum value of engineering works in respect of projects executed in any one year during the last five years (updated to the price level of the year indicated in table below under note) taking into account the completed as well as works in progress. The projects include turnkey project/ item rate contract/ Construction works. N= Number of years (i.e.,______year) prescribed for completion of the works for which Bids are invited. B= Financial Liability of the bidder to be incurred for existing commitments and on-going works during the period of the subject contract. To calculate the value of “A” i) A table containing value of Engineering Works in respect to projects (Turnkey projects/item rate contract/ Construction works) undertaken by the Bidder during the last 5 years is as follows: Sl. No. Year Value of Engineering Works undertaken w.r.t. Projects (Rs. In Crores) 1. 2018-2019 2. 2017-2018 3. 2016-2017 4. 2015-2016 5. 2014-2015 ii) Maximum value of projects that have been undertaken during the F.Y.______out of the last 5 years and value thereof is Rs.______Crores Rupees ). Further, value updated to the price level of the year indicated in Table is as follows :Rs.______Crores x ______(updation Factor as per Table annexed) = Rs.______Crores (Rupees )

Table indicating the factor for the year for updation to the price level is indicated as under

Sl. No. F.Y./ Calendar Year Updation factor 1. 2018-2019 1.00 2. 2017-2018 1.05 3. 2016-2017 1.10 4. 2015-2016 1.15 5. 2014-2015 1.20

iii) Net worth for the last year of ______(name of the company) is Rs………………..

Thus, available assessed Bid Capacity stands as : (A x N x 2-B)=……………..…………………………………………………=Rs…………….. - ………………. ……………….. ………………. ……………….. Signature, name and designation of Name of the Statutory Auditor’s firm Authorized Signatory :

Seal of the audit firm:

For and on behalf of ( Signature, name and designation ……………..( Name of the Applicant) and Membership No. of authorized signatory)

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

To calculate the value of “B” 3. Following table containing value of all the existing commitments and on-going workings to be completed during the next______years (prescribed time for completion of the works for which Bids are invited) is as follows:

Sl. Name Name of Percentage Stipulated Value of Value of Balance Anticipated Financial liability to No of the of period of contract as work value of date of be incurred for the . Work/ Employer participatio completion per completed work to be completion said work/ project Project n of Bidder as per Agreement completed during the period of in the Agreement / LOA the subject contract project / LOA with the start date Rs._ Rs._ Rs._ Rs._ 1 2 3 4 5 6 7 8 9 10

i)

ii)

iii) TOTAL=

……………….. ……………….. Signature, Name and designation of Authorized Signatory

For and on behalf of ( Name of the Applicant) Note: All the documents to be submitted in support of Annexure-A must be duly signed and sealed by the applicant/ bidder and authenticated by Statutory Auditor’s firm.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

PROFORMA FOR AFFIDAVIT – “X”

(To be furnished in Non – Judicial Stamp paper of appropriate value duly notarized)

Work order issued Work in progress but work not started

Name of the work with Estimated % of work Name of the work with Tendered Sl. No. Sl. No. Tender No. Amount executed Tender No. Amount

______Signed by an authorized person of the firm

______Title of the person

______Name of the Firm with Seal

Date______

N.B. :- Affidavit-“X” is to be submitted in original at the time of making agreement.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

PROFORMA FOR AFFIDAVIT – “Y”

DECLARATION (The Bidder shall have to submit in Non-Judicial Stamp of appropriate value duly notarized)

 I, the undersigned, declare that, all the statements made in the attached documents in respect of mode of ownership of machineries are true and correct.

 Certified that, required specified machineries for the works under this NIT shall be installed at the working site within 45 days (maximum) from the date of Work Order if the machineries are required in the very initial stage of the work, otherwise machineries shall be installed at the working site well ahead of the actual requirement as per our submitted work programme.

 The undersigned also hereby certifies that neither out firm ______nor any constituent firm had been debarred to participate in tender by Public Works Department during the last 5(five) years prior to the date of this NIT.

 The undersigned understands and agrees that further qualifying information may be requested and agrees to furnish any such information at the request of the Department.

 Certified that, I have applied in the Tender in the capacity of individual / as a partner of a firm.

 Certified that, I have applied in the tender in the capacity of individual / as a partner of a firm and I have applied to the works under this NIT restricted to maximum 1 no. works if more than one work in the same NIT.

 Certified that, I have access to or have available liquid assets (aggregate of working capital, cash-in-hand, uncommitted Bank Guarantees) and / or credit facilities not less than 10% of the estimated cost put to tender. In this respect, I have attached necessary documents with this application.

 I, the undersigned do certify that, all the statements made in the attached documents are true and correct. If any declaration submitted is found / ascertain to be incorrect / fabricated / misrepresented / fraudulent etc. Accordingly tender will be liable to be cancelled / terminated immediately and & I / my firm / company shall also be liable to prosecuted under section 197, 199 & 200 of Indian Penal Code, 1860 along with section- 71 & section- 73 of Indian Information & Technology act 2008 & any other applicable law for the time being in force in addition to forfeiture of Earnest Money / Security Deposit to the Government. ______Signed by an authorized officer of the firm ______Title of the officer ______Name of the firm with seal

Date : ______N.B. :-1. Affidavit-“Y” is to be submitted in original at the time of making agreement.

.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

SECTION - B FORM- III

PROFORMA FOR STRUCTURE AND ORGANISATION

B/III/1 Name of applicant :

B/III/2 Office Address :

Telephone No. : Mobile No.

Fax No. :

B/III/3 Name and address of Bankers :

B/III/4 Attach an organization chart showing the structure of the company with names of Key personnel and technical staff with Bio-data. :

Signature of applicant including title and capacity in which application is made.

Note: Application covers Proprietary Firm, Partnership, Limited Company or Corporation,

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

SECTION –B FORM – IV (PROFORMA TO BE FILLED-UP)

B/IV/1 DEPLOYMENT OF MACHINERIES & EQUIPMENTS:- (Original document in support of owner ship or advance payment to be annexed) (If engaged at the time of submission of bid, Certificate from E.I.C. to be annexed in respect of anticipated dated of release of Machinery.)

Possession Status Date of release If Engaged Name of Machine Make Type Capacity Motor / Machine Engine No. Idle Engaged No. 1 2 3 4 5 6 7 8 9

Present location of installation of following plants:

1. Hot Mix Plant Present Location with Address :

2. Wet Mix Macadam Plant Present Location with Address :

Signature of applicant including title and capacity in which application is made

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

SECTION – C

Other terms and conditions and specification of works:

C.1 General : Unless otherwise stipulated all the works are to be done as per general conditions and general specifications as mentioned either in— (i) ‘Departmental Schedule’, which means the Public Works (Roads) Department Schedule of Rates for Road works, Bridge & Culvert Works and Carriage etc. in different district of West Bengal for the working area including its corrigenda and addenda, if any, issued by the Combined Schedule Committee of PWD up to the date of Technical Sanction of estimate of the respective work or (ii) Latest edition of the book of name ‘Specification for Road and Bridge Works’ of the M.O.R.T. & H., Surface Transport (Roads Wing), Government of , published by Indian Roads Congress, New Delhi, for the specification of various works. For general conditions and general specifications of items of works including supply and carriage works, not appearing in the aforesaid S.O.R./ specification book, relevant Public Works Department (W.B.) Schedule of Rates for Building Works and Materials and Labour in force including its addenda and corrigenda and Schedule of Rates of N.H. works ,P.W. (Roads) Dte. issued from competent authority as applicable (up to the date of Technical Sanction of the estimate of the respective work) for the working area under the jurisdiction of this Western Highway Circle No.-I will be considered. C.2 Definition of Engineer-in-Charge and commencement of work : The word “Engineer-in-Charge” means the Executive Engineer, P.W. (Roads) Directorate of the concerned Division. The word “Department” appearing anywhere in the tender documents means P.W.(Roads) Department, Government of West Bengal, who have jurisdiction, administrative or executive, over part of whole of the works forming the subject matter of the tender or contract. The word “approved” appearing anywhere in the documents means approved by the Engineer-in-Charge. In case, the work is transferred to any other Division, the Executive Engineer under whom the work will be executed should be treated as the Engineer-in-Charge. The work shall have to be taken up within seven days of the receipt of the work order or otherwise mentioned therein. Failure to do so will constitute a violation of the contract stipulation as regards of proportionate progress and timely completion of work and the contractor will thereby make himself liable to pay compensation or other penal action as per stipulation of the printed tender form.

C.3 Terms & Conditions in extended period : As Clause 5 of W.B.F. No. 2911 (ii) as the case may be when an extension of time for completion of work is granted by the Engineer-in- Charge for cogent reasons for which the contractor have no control, it will be taken for granted by the working contractor that the validity of the contract is extended automatically upto the extended period with all terms and conditions rates etc. remaining unaltered, i.e. the tender is revalidated upto the extended period.

C.4 Co-operation with other agencies and damages and safety of road users : All works are to be carried out in close co-operation with the Department and other contract or contracts (Including Supervision Consultancy Agency) that may be working in the area of work. The work should also be carried out with due regard to the convenience of the road users and occupants of the adjacent locality, if any. All arrangements and programme of work must be adjusted accordingly. All precautions must be taken to guard against chances of injury or accidents to workers, road users, occupants of the adjacent locality etc. The contractor must see that all damages to any property which, in the opinion of the Engineer-in-Charge are due to the negligence of the contractor are promptly rectified by the contractor at his own cost and expenses and according to the direction and satisfaction of the Engineer-in-Charge.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

C.5 Transportation arrangement : The contractor shall arrange for all means of transport including railways wagons required for carriage and supply of materials and also the materials required for the construction work. The Department may however, at their own discretion grant necessary certificates, if required, for booking of railways wagons etc. But, in case of failure of the department to help the contractor in this respect, the contractor will have arrange at his own initiative so that progress of work will not hamper and no claim whatever on this ground will be entertained under any circumstances. If railways facilities are not available, the contractor will have to depend on transport of materials by road as necessary to complete the work without claiming any extra payment from department in this regard. The contractor must consider this aspect while quoting rate.

C.6 Contractor’s Site Office : The contractor shall have an office with adequate floor area at his own cost adjacent to the work as may be approved by the Engineer-in-Charge where all directions and notice of any kind whatsoever, which the Engineer-in-Charge or his representative may desire to give to the contractor in connection with the contract, may be left or sent by post to such office or delivered to the contractor’s authorised agent or representative. For such intimation to the contractor’s site office, it shall be deemed to the sufficient enough to be served upon the contractor. C.7 Incidental and other charges : The cost of all materials, hire charges to Tools and plants, labour, Corporation/Municipal Fees for water supply, Royalty or road materials (if any), electricity and other charges of Municipalities or statutory local bodies, ferry charges, Toll charges, loading and unloading charges, handling chargers, overhead charges etc. will be deemed to have been covered by the rates quoted by the contractor inclusive of also Sales Tax (Central and/or State), Income Tax, Octroi Duty/Terminal Tax, Turnover Tax, GST etc. All other charges for the execution of the specified work, including supply of materials and related carriage, complete or finished in all respect upto the entire satisfaction of the Engineer-in-charge of the work. No extra claim in this regard beyond the specified rate as per work schedule whatsoever in this respect will be entertained. C.8 Authorised Representative of Contractor : The contractor shall not assign the agreement or sublet any portion of the work. The contractor, may however, appoint and authorize representative in respect of one or more of the following purpose only.

a) General day to day management of work. b) To give requisition for Departmental materials, Tools & Plants etc. to receive the same and sign hand receipts thereof (if necessary and permitted by the Engineer-in-Charge). c) To attend measurements when taken by the Departmental Officers or staffs of Supervision Consultancy Agency and sign the records of such measurements which will be taken as acceptance by the contractor.

The selection of the authorized representatives shall be subject to the prior approval of the Engineer-in-Charge concerned and the contractor shall in writing seek such approval of the Engineer-in-Charge giving therein the name of work, Tender No., the Name, Address and the specimen signature of the representative he wants to appoint and the specific purposes as specified here- in-above, which the representative will be authorized for. Even after first approval, the Engineer-in-Charge may issue at any subsequent date, revised directions about such authorized representative and the contractor shall be bound to abide by such directions. The Engineer-in-Charge shall not be bound to assign any reason for his revised directions. Any notice correspondence etc. issued to the authorized representative or left at his address, will be deemed to have been issued to the contractor.

C.9 Power of Attorney : The Provision of the power of attorney, if any, must be subject to the approval of the Department. Otherwise the Department shall not be bound to take cognizance of such power of attorney.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

C.10 Extension of time : No extension of time will be granted due to preliminary works and non-availability of materials etc. For cogent reasons over which the contractor will have no control and which will retard the progress, extension of time for the period lost will be granted on receipt of application from the contractor before the expiry date of contract. No claim whatsoever for idle labour, additional establishment, enhanced cost of materials and labour and hire charges of tools & plants etc. would be entertained under any circumstances. The contractor should consider the above factor while quoting his/her/their rate. Applications for such extension of time should be submitted by the contractor in the manner indicated in Clause-5 of the printed form of W.B.F. No.2911 (ii).

C.11 Contractor’s Godown : The contractor must provide suitable godowns for cement and other materials at the site of work. The cement godown is to be sufficient in capacity and it must be water tight with either an elevated floor with proper ventilation arrangement underneath the floor or if solid raised flooring is made, cement is to be stored on bamboo or timber dunnage to the satisfaction of the Engineer- in-Charge. No separate payment will be made for these godowns or for the store yard. Any cement, which is found at the time of use to have been damaged, shall be rejected and must immediately to remove from the site by the contractor as per directed of the Engineer-in-Charge.

C.12 Arrangement of Land : The contractor will arrange land for installation of his Plants and Machinery, laboratory, go down, storeyard, labour camp etc. at his own cost for the execution of the work. Departmental land, if available and if applied for, may be spared for the purpose on usual charges as fixed by the Competent Authority.

C.13 Use of Government Land : Before using any space in Government land for any purpose whatsoever, approval of the Engineer-in-charge will be required. Departmental land, if available and if applied for, may be spared for the purpose on usual charges as fixed by the Competent Authority. The contractor shall make his own arrangements for storage of tools, plant, equipments; materials etc. of adequate capacity and shall clear and remove on completion of work and shed, huts etc. which he might have erected in Government land. If after such use, the contractor failed to clear the land, Department will arrange to remove those installation and adequate recovery will be made from the dues of the contractor.

C.14 Work Order Book : The contractor shall within seven days of receipt of the order to take up work, supply at his own cost one Work Order Book to Sub-Divisional Officer/Assistant Engineer Concerned, who is authorized to receive and keep in custody the Work Order Book on behalf of the Engineer-in-Charge. The Work Order Book shall be kept at the site of work under the custody of Sub-Divisional Officer/Assistant Engineer or his authorized representative. The Work Order Book shall have machine numbered pages in triplicates. Directions or instruction from Departmental officers to be issued to the Contractor will be entered (in triplicate) in the Work Order Book (except when such directions or instructions are given by separate letters). The contractor or his authorized representative shall regularly note the entries made in the Work Order Book and also record thereon the action taken or being taken by him complying with the said directions or instruction on any relevant point relating to the work. The contractor or his authorized representative may take away the triplicate page of the Work Order Book for his own record and guidance. Cases of supplementary items or of claims may not be entertained unless supported by entries in the Work Order Book or any written order from the Tender Accepting Authority.

The first page of the Work Order Book shall contain the following particulars: a) Name of the Work b) Reference to contract number c) Contractual rate in percentage

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

d) Date of opening of the Work Order Book e) Name and address of the Contractor f) Signature of the Contractor g) Name & address of the Authorized representative (if any of the contractor authorized by him) h) Specific purpose for which the contractor’s representatives is authorized to act on behalf if the Contractor. i) Signature of the authorized representative duly attested by the Contractor. j) Signature of the Sub-Divisional Officer/Assistant Engineer concerned. k) Date of completion of work. l) Date of recording final measurement. Entries in (k) & (l) above shall be filled in on completion of the work and before the Work Order Book is recorded in the office of the Sub-Divisional Officer/Assistant Engineer. C.15. Site Condition : The contractor before tendering must visit the site and satisfy himself as to the extent of the proposed construction difficulties and problems, if any, to start, to continue and complete the work within the time as stipulated in this tender without dislocation of normal traffics during day as well as to night considering all these aspects the rate shall be quoted and the department will not be entertained any appeal/claim of the bidder in future in this regard. No interruption in works due to any site condition will be allowed towards complete the work in time. The execution of the work should however be planned and phased so that there are no undue hazards to the movement of normal traffic over the Road. No additional payment will be entertained on this account. Difficulties and inconveniences in transporting materials over the bad Roads, Kutcha Roads, incomplete Roads and over the weak and damaged culverts should be taken into consideration by the Contractor. The materials for the work may be required to carry over kutcha Roads. These approach Roads should be maintained by the Contractor at his own cost. Difficulties in collection of different materials in lot, over the Road flank due to insufficient space if there be, should be noted by the bidder for which no cost or time will be allowed on these accounts as stated. The bidder should quote his rate taking into consideration regarding security of the materials. Nothing would be entertained under any circumstances beyond the respective tendered provisions. C.16 Preliminaries : During execution of the work contractor will remain responsible for providing reasonable facilities to traffic on the Road and also lighting and guarding of the Road during night for its safety while the work is in progress and no extra payment will be made on this account before/or after taking up the work. Approximately half of the Road width including one flank shall be kept clear to the traffic from all obstruction and the surface shall be properly cleaned and leveled as far as possible. Sign Boards / Direction Boards are to be erected at required points of specified size indicating in red letters on a white back ground as per direction of the Engineer-in-charge. Cost of which should be borne by the agency. Road barriers shall be placed wherever the existing Road surface disturbed with proper' Road signs. During night, these should be provided with the light, Night Guard e.g. 'Chowkidar' for watching the barrier etc. shall also be maintained by the Contractor to give due warning to Road users specially at night. C.17 Clearing Of Materials : Before starting any work, work site, where necessary, must be properly dressed after cutting clearing all varieties of jungles shrubs, bamboo clusters or any undesirable vegetation from the alignment or site of works on completion of works all temporary structure or obstruction including some pipes in underground work, if any, must also be removed. All scars of construction shall be obliterated and the whole site shall be left in a clear and neat manner to the satisfaction of the Engineer-In-Charge. Total

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

length (in case of road project) shall be demarcated by proper chainaging along with fixing 200m post as per direction of Engineer-in-Charge on both side of the alignment and Bench Marking at desired locations as per direction of Engineer-in-Charge. No separate payment shall be made for all these works, the cost thereof being deemed to have been included in the rates of various items of works quoted by the contractor in the schedule of probable items of works. C.18 Sundry Materials : The contractor must erect temporary pillars, master pillars etc. as may be required in suitable places as directed by the Engineer- In-Charge at his own cost before starting and during the work by which the departmental staff will check levels layout different works and fix up alignment and the contractor shall have to maintain and protect the same till completion of the work. All machinery and equipments like Level Machine, Staff, Theodolite etc. and other sundry material like, pegs, strings, nails flakes instruments etc. and also skill labour require for setting out the levels for laying out different structures and alignment shall also be supplied by the contractor (as per direction of Engineer-in-Charge) at his own cost without any extra claim towards the department. C.19 Supplementary / Additional items of Works : Notwithstanding the provisions made in the related printed tender form any item of the work which can be legitimately be considered as not stipulated in the specific price schedule of probable items of work but has become necessary as a reasonable contingent item during actual execution of work will have to be done by the Contractor, if so directed by the Engineer-in-Charge and the rates will be fixed with manner as stated below: - (a) Rate of Supplementary items shall be analyzed in the 1st instant extended possible from the rates of the allied items of work appearing in the tender schedule. (b) Rate of supplementary items shall be analyzed to the maximum extent possible from rates of the allied items of work appearing in the P.W. (Roads) Department schedule of rates with corrigenda & addenda of probable items of work forming part of tender document for the working area enforced up to the date of Technical Sanction of the estimate for the respective work of this N.I.T. (c) In Case, addition items do not appear in the above Public Works (Roads) Department Schedule of Rates, such items for the works shall be paid at the rates entered in the Public Works Department/ N.H.Works Schedule of Rates with corrigenda & addenda for the working area enforced up to the date of Technical Sanction of the estimate for the respective work of this N.I.T. (d) If the rates of the supplementary items cannot be computed even after applications of clauses stated above, the same shall be determined by analysis from market rates of material, labour and carriage cost prevailing at the time of execution of such items of work. Profit and overhead charges (both together) at 10% (Ten percent) will be allowed only; the contractual percentage will not be applicable.

Unbalanced market rates shall never be allowed. Contractual percentage shall only be applicable with regard to the portions of the analysis based on clauses (a), (b) & (c) stated above only. It may be noted that the cases of supplementary items of claim shall not be entertained unless supported by entries in the Work Order Book or any written order by the tender accepting authority. C.20 Covered up works : When one item of work is to be covered up by another item of work the latter item shall not be done before the formal Item has been measure up and has been inspected by the Engineer-in-Charge or the Sub-Divisional Officer/ Assistant Engineer/ Sub Assistant Engineer/ Supervision Consultant, as the authorized representatives of the Engineer-in-Charge and order given by him for proceeding with the latter item of work.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

C.21 Approval of Sample : Samples of all materials to be supplied by the contractor and to be used in the work shall have to be approved by the Engineer-in- Charge and checking the quality and brand of such materials shall have to be done by the concerned Department or as directed by Engineer-in-Charge prior to utilization in the work.

C.22 Water and energy : The contractor shall have to arrange at his own cost, required energy for operation of equipments and machinery, for operating of pumping set, illuminating work site, office etc. that may be necessary in different stages of execution of work. No facility of any sort will be provided for utilization of the departmental sources of energy existing at site of work. Arrangement for obtaining water for the work should also be made by the contractor at his own cost. All cost for getting energy and / or for any purpose whatsoever will have to be borne by the contractor for which no claim will be entertained. All materials, tools and plants and all labour (skilled and unskilled) including their housing, water supply, sanitation, light, procurement of food for contractors staff & crews, medical aids etc. are to be arranged for by the contractor at his own cost. The cost for transportation of labour, materials and all other incidental items as required for work shall also have to be borne by the Contractor without any extra claim from department.

C.23 Road opened to traffic and precautionary measures: It should be clearly understood that the contractor will be responsible to keep the road open to all kinds of traffic during execution of the work. The work should be so arranged and the programme of work must be as adjusted as would not disturb the smooth flow of road traffic in any way. If necessary diversion road should be provided and maintained by the contractor at his own cost for the entire period of work, if not separately provided in the tender. The Contractor should take all necessary precautions including guarding, lighting and barricading as necessary, to guard against the chances of injury or accident to the road user and traffic and ferry users and his staffs / labours during execution of the work for which nothing extra will be paid except otherwise mentioned in specific price schedule. The contractor will also indemnify the Department and the contractor solemnly is liable to compensate against consequences of any such injury or accident, if so happens, as per opinion of the Engineer-in-Charge, due to contractor’s fault in compliance with any of such obligations. Suitable road sign as and where necessary should be provided by the contractor at his own cost as per direction of the Engineer- in-charge and shall also be maintained till the completion of the work. Road barriers with glow red light at night are to be placed where the existing surface is disturbed with proper road signs. All these shall be done at the cost of the contractor without any extra claim towards department.

C.24 Drawings : All works shall be carried out in conformity with the drawings supplied by this Department. The Contractor shall have to carry out all the works according to the departmental General Arrangement Drawing and Detail Working Drawings to be supplied by the Department from time to time. C.25 Serviceable Materials : The responsibility for stacking the serviceable materials (as per decision of the Engineer-in-Charge) obtained during dismantling of existing structures/roads and handing over the same to the Engineer-in-charge of work of this Department lies with the contractor and nothing will be paid on this account. In case of any loss or damage of serviceable materials prior to handing over the same to this Department, full value will be recover from the Contractor’s bill at rates as will be assessed by the Engineer-in- charge. Earth obtained from box cutting or road section is to be utilized as per direction of the Engineer-in-Charge.

C.26 Unserviceable Materials : The Contractor shall remove all unserviceable materials, obtained during execution at place as directed. The contractor shall dressed up and clear the work site including removal of temporary shed, hut, site office, go down, laboratory etc etc after completion of work as per direction of the Engineer-in-Charge. No extra payment will be made on this account.

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

C.27 Contractor’s risk for loss or damage : All risk on account of railway or road carriage or carriage by boat including loss or damage of vehicles, boats, barges, materials or labour, if any, will have to be borne by the contractor without any extra claim towards department.

C.28 Idle labour & additional cost : Whatever may be the reason no claim on idle labour, enhancement of labour rate, additional establishment cost, cost of Toll and hire and labour charges of tools and plants, railway freight etc. would be entertained by the department under any circumstances.

C.29 Charges and fees payable by contractor : a) The contractor shall pay all fees required to be given or paid by any statute or any regulation or by-law of any local or other statutory authority which may be applicable to the works and shall keep the department against all penalties and liabilities of every kinds for breach of such statute regulation or law. b) The Contractor shall save, harmless and indemnify the department from and against all claims, demands, suit and proceedings for or on account of accidental case/ infringement of any patent rights, design, trade mark of name of other protected right in respect of any constructional plant, machine, work, materials, thing or process used for or in connection with works or temporary works or any of them.

C.30 Tools and Plants : All Tools and Plants required for the work will have to be supplied by the Contractor at his own cost; all cost of fuel and stores for proper running of the Tools and Plants must be borne by the Contractor.

C.31 Realization of Departmental claims : Any sum of money due and payable to the contractor (including security deposit returnable to him) under this contract may be appropriated by the Government and set off against any claim of Government for the payment of sum of money arising out of this contract or under any other contract made by the contractor with the Government.

C.32 Compliance of different Acts : The contractor shall comply with the provisions of the Apprentices Act, 1961, Minimum Wages Act, 1848. Contact Labour (Regulation and Abolition) Act 1970 and the rules and orders issued hereunder from time to time. If he fails to do so, Engineer-in- Charge or Superintending Engineer of the concern Circle of P.W. (Roads) Directorate may at his discretions, take necessary measure over the contract. The Contractor shall also make himself for any pecuniary liabilities arising out on account of any violation of the provision of the said Act(s). The Contractor must obtain necessary certificate and license from the concerned Registering Office under the Contract Labour (Regulation & Abolition) Act, 1970. The contractor shall be bound to furnish the Engineer-In-Charge all the returns, particulars or date as are called for from time to time in connection with implementation of the provisions of the above Acts and Rules and timely submission of the same, failing which the contractor will be liable for breach of contract and the Engineer-in-Charge may at his discretion take necessary measures over the contract.

C.33 Safety, Security and Protection of the Environment : The Contractor shall, throughout the execution and completion of the Works and the remedying of any defects therein: (a) have full regard for the safety of all persons and the Works (so far as the same are not completed or occupied by the department), (b) provide and maintain at his own cost all lights, guards, fencing, warning signs and watching, when and where necessary or

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Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

required by the Engineer-in-Charge for the protection of the Works or for the safety and convenience of the public or others, (c) take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation, (d) ensure that all lights provided by the Contractor shall be screened so as not to interfere with any signal light of the railways or with any traffic or signal lights of any local or other authority.

C.34 Commencement of work : The work must be taken up within the date as stipulated in the work order and completed in all respects (including preparatory works or for any causes thereof) within the period specified in Notice Inviting Tender. C.35 Program of work : Before actual commencement of work the contractor shall submit a program of construction of work with methodology clearly showing the required materials, men and equipment. The contractor will submit a program of construction in the pattern of Bar Chart or Critical Path Method and a time table divided into four equal periods of progress of work to complete the work within the specific period for approval of the Engineer-In-Charge who reserves the right to make addition, alterations and substitutions to such program in consultation with the contractor and such approved program shall be adhered to by the contractor unless the same is subsequently found impracticable in part or full in the opinion of the Engineer-In-Charge and is modified by him. The contractor may pray in writing, showing sufficient reasons therein for modification of program. The conditions laid down in clause 2 of the printed W.B.F.No.-2911(ii) regarding the division of total period and progress to work and the time table there for as provided in the said clause shall be deemed to have been sufficiently complied with the actual progress of work and does not fall short of the progress laid down in the approved time table for one fourth, half and three fourth of time allowed for the work.

C.36 Setting out of the work : The contractor shall be responsible for the true and perfect setting out of the work and for the correctness of the position, levels, dimensions and alignments of all parts of work, if any rectification or adjustment becomes necessary the contractor shall have to do the same at his own cost according to the direction of the Engineer-in-Charge. During progress of works, if any, error appears or arises in respect of position, level, dimensions or alignment of any part of the work contractor shall at his own cost rectify such defects to the satisfaction of the Engineer-in-Charge. Any setting out that may be done or checked by either of them shall not in any way relieve the contractor from their responsibility for correctness and rectification thereof.

C.37 Precautions during works : The contractor shall carefully execute the work without disturbing or damaging underground or overhead service utilities viz. Electricity, Telephones, Gas, Water pipes, Sewers etc. In case disturbances of service utilities is found unavoidable the matter should immediately be brought to the notice of the Engineer-in-Charge and necessary precautionary measures as would be directed by the Engineer-in-Charge shall be carried out at the cost and expenses of the contractor. If the service utilities are damaged or disturbed in any way by the contractor during execution of the work, the cost of rectification or restoration of damages as would be fixed by the Engineer-in-Charge concerned will be recovered from the contractor.

C.38 Testing of qualities of materials & workmanship : All materials and workmanship shall be in accordance with the specifications laid down in the contract and also as per M.O.R.T. & H’s specification for Road and Bridge Works (Latest Revision) and relevant IS codes and the Engineer-In-Charge reserves the right to test, examine and measure the materials/workmanship direct at the place of manufacture, fabrication or at the site of works or any suitable place. The contractor shall provide such assistance, instrument, machine, labour and materials as the Engineer-in- Charge may require for examining, measuring and testing the works and quality, weight or quantity of materials used and shall supply samples for testing as may be selected and required by the Engineer-in-Charge without any extra cost. Besides this, he will Page 37 of 39

Public Works (Roads) Department, Government of West Bengal e-NIT No. – 08 of 2020-2021 OF SE/WHC-I

carry out tests from outside Laboratory as per instruction of Engineer-in-Charge. The cost of all such tests shall be borne by the agency and that must be considered during quoting rate in BOQ. C.39 Timely completion of work : All the supply and the work must have to be completed in all respects within the time specified in Notice Inviting Tender from the date of commencement as mentioned in work order. Time for completion as specified in the tender shall be deemed to be the essence of the contract. C.40 Procurement of materials : All materials required to complete execution of the work shall be supplied by the contractor after procurement from authorised and approved source. C.41 Rejection of materials : All materials brought to the site must be approved by the Engineer-In-Charge. Rejected materials must be removed by the Contractor from the site within 24 hours of the issue of order to that effect. In case of non-compliance of such order, the Engineer-In-Charge shall have the authority to cause such removal at the cost and expense of the contractor and the contractor shall not be entitled to claim for any loss or damage of that account. C.42 Implied elements of work in items : Except of such items as are included in the Specific Priced Schedule of probable items and approximate quantities no separate charges shall be paid for traffic control measures, shoring, shuttering, dewatering, curing etc. and the rates of respective items or works are to be deemed as inclusive of the same. C.43 Damaged cement : Any cement lying at contractor’s custody which is found at the time of use to have been damaged shall be rejected and must immediately be removed from the site by the contractor or disposed of as directed by Engineer-in-Charge at the costs and expenses of the contractor. C.44 Issue of Departmental Materials : Departmental materials will not be issued under any circumstances. C.45 Force Closure : In case of force closure or abandonment of the works by the Department the contractor will be eligible to be paid for the finished work and reimbursement of expenses actually incurred but not for any losses. C.46 Tender Rate : The contractor should note that the tender is strictly based on the rates quoted by the Contractor on the priced schedule of probable item of work. The quantities for various other items of works as shown in the priced schedule of probable items of works are based on the drawing and design prepared by the Department. If variations become necessary due to design consideration and as per actual site conditions, those have to be done by the contractor at the time of execution at the rate prescribed in the tender condition. No conditional rate will be allowed in any case. The Intending Bidders are requested to read carefully & go through all the Terms & Conditions, Specifications etc. etc. as stipulated in the tender documents (duly uploaded in the web portal by the N.I.A.) and considering all aspects rate in the B.O.Q. shall be Quoted. C.47 Delay due to modification of drawing and design : The contractor shall not be entitled for any compensation for any loss due to delays arising out of modification of the drawing, addition & alterations of specifications. C.48 Additional Conditions : A few additional conditions under other terms and conditions : C.48.1. Rate quoted shall be inclusive of clearing site including removal of surplus (both serviceable & unserviceable) earth, rubbish, materials etc. as per direction of the Engineer-in-Charge. C.48.2. Rate quoted shall be inclusive of West Bengal Sales Tax, Income Tax, Octroi and all other duties/charges/Taxes if any.

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C.46.3. Display board (Informatory) of size 150cm X 90cm is to be provided at starting and end chainage of the work-site with aluminum plate hoisted on steel tubular pipe/ angle post to a height of 1.5 Metre at the cost of the contractor including fitting, fixing, painting, lettering etc. complete as per direction of Engineer-in-Charge. C.48.4.The Contractor is to display caution board maintaining I.R.C. norms at his own cost as per requirements at work site & as per direction of Engineer-in-Charge. C.48.5. Deep excavation of trenches and left out for days shall be avoided, simultaneously precautionary measures shall be taken. C.48.6. Labour welfare Cess will be deducted from bills @ 1(one) % of gross bill value as per rule. C.48.7. The whole work will have to be executed as per Departmental drawings available in this connection at the tender rate. C.48.8. Income Tax and other taxes & charges (as applicable) will be deducted from each bill of the contractor as per applicable rate and Govt. rules in force. C.48.9. In accordance with the West Bengal Taxation Laws (amendment) Ordinance, 1993 amending the West Bengal Finance (Sales Tax) Act, 1994 necessary Sale Tax / GST will be deducted as per rate in force from the bill in addition to other deduction as per extent rules. C.48.10. Rate quoted shall be inclusive of preliminary works at work site and for such preparatory & ancillary works, no further time will be extended beyond the stipulated date of completion of the work. C.49 Payment of Bills : Payments will be made to the successful bidder on availability of fund. C.50 Refund of Security Deposit : As mentioned in Clause-17 of WBH No 2911 (ii) taking into account the Defect Liability Period as mentioned in this NIT. C.51 Deduction from Bill : Security Deposit @ 10 % (ten percent) including Earnest money, S.T. (as will be applicable), I.T. (as will be applicable), labour welfare cess (as will be applicable), service tax (if applicable), hire charges of departmental machineries (if applicable), hire charges of departmental land (if applicable) and other charges and taxes as will be applicable at the time of making payment will be deducted from the contractor’s bill. C.52 Execution of Less/Excess works beyond Tendered Items:- It may please be noted that, for the case of Less/Excess & Supplementary works beyond Tendered Items, getting prior written permission from the Competent Authority is essential, copy of which must be attached with Less/Excess works Statement & Supplementary Tender otherwise the same statement may not be entertained.

Superintending Engineer Western Highway Circle -I Public Works (Roads) Directorate

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