Improvement of Tandi bazaar Road Section of East

Transcription

GOVERNMENT OF NEPAL
MINISTRY OF PHYSICAL INFRASTRUCTURE AND TRANSPORT
DEPARTMENT OF ROADS
DIVISION ROAD OFFICE
BHARATPUR, CHITWAN
Bidding Document
National Competitive Bidding (NCB)
for
Improvement of Tandi bazaar Road Section of EastWest Highway.
Contract No.: DROBHT/3373564/071/72-134
Volume: I
PART 1 Bidding Procedures
Section I - Instructions to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Evaluation and Qualification Criteria
Section III (a) - Bill of Quantities
Section IV - Bidding Forms
Section V - Eligible Countries
PART 2 Employer’s Requirements
Section VI - Employer’s Requirements
PART 3 Conditions of Contract and Contract Forms
Section VII - General Conditions (GC)
Section VIII - Particular Conditions (PC)
Section IX - Contract Forms
Section X – Supplementary Information
December, 2014
Part 1:
Bidding Procedures
ROBHT/3373564/071/72-134
BIDDING DOCUMENTS
PART 1:
Bidding Procedures
Section III - Evaluation and
Qualification Criteria
Section III (a) - Bill of Quantities
PART 2:
Employer’s Requirements
Section VI - Employer’s Requirements
Specifications
Drawings
PART 3:
Conditions of Contract and Contract Forms
Volume-I consists of Part1: Bidding Procedures and Part 3: Conditions of
Contract and Contract Forms
Volume – II consists of Part 2; Section VI: Employer’s Requirement; (a)
Specifications.
Volume – III consists of Part 2; Section VI: Employer’s Requirement; (b)
Drawings.
One original and one copy of volume – I is to be completed by the Bidder and
returned with the Bid.
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Part 1:
Bidding Procedures
ROBHT/3373564/071/72-134
Government of Nepal
Ministry of Physical Infrastructure and Transport
Department of Roads
Division Road Office, Bharatpur
Invitation for Bids
(NoticeNo:‐11/071/72)
First Date of Publication: 2071/11/26
1.
2.
3.
4.
5.
6.
7.
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13.
The Division Road Office, Bharatpurinvites sealed bids and quotations for construction and maintenance of roads from registered contractors within the
division. Eligible Bidders may obtain further information and inspect the bidding documents at Division Road Office, Bharatpur.
Bidding documents may be purchased from Division Road Office, Bharatpur by eligible Bidders on the submission of a written application with attested
copies of bidder’s registration, VAT registration and tax clearance certificate upon payment of a non-refundable fee as mentioned below within the office
hour on or before 15 days for sealed quotations and 30 days for bidsof first publication of this notice.
Bids must be submitted to the Division Road Office, Bharatpuron or before 12:00 hour on 16th days for sealed quotations and 31 days for bids of first
publication of this notice. Documents received after this deadline shall not be accepted. Bidders who choose to submit their bid electronically through eprocurement section of DOR’s website http://www.dor.gov.np, the bidders either may purchase the hard copy of bidding documents from the office or
may choose to download the necessary parts of the bidding documents, prepare their Bid and submit their electronic Bids as specified in the Instruction to
Bidders. In case the bidder chooses to download and submit bid electronically, the bidder shall required to pay bid document fee in the RastriyaBanijya
Bank, Bharatpur Revenue Account Office Code 35-337-02, Account Number 1-1-001, Revenue Head No. 14227 and scanned copy (pdf format) of the
Bank voucher/tele transfer shall also be submitted along with the electronic bid files.
Bids shall be opened in the presence of bidders' representatives who choose to attend at 13:00 hour on 16th days for sealed quotations and 31 days for bid
of first publication of this notice at Division Road Office, Bharatpur. Bids must be valid for a period of 45 days for sealed quotations and 90 days for
sealed bid after bid opening and must be accompanied by unconditional bid security in favour of this office as bellow which shall be valid for 30 days
beyond the bid validity period. If bidder wishes to submit the Bid Security in the form of cash, the cash should be deposited in Deposit Account Number
1310203000000 RastriaBanijya Bank, Bharatpurand submit the receipt of the deposited amount of cash along with the bid.
If the last date of purchasing, submission and opening falls on a government holiday then the next working day shall be considered as the last day.
Bidders are strongly advised to visit and assess the actual site conditions before submitting their bid.
Pre-Bid Meeting shall be held at the Division Road Office, Bharatpur .on 1:00 hour of 19th day.
Contract will be awarded based on post qualification process satisfying the qualification required as given in bidding data and in the bid documents
A firm may submit the bid only once either independently or in a joint venture with another firm. To facilitate contract administration the number of J/V
partner is limited to three.
Any amendment in the tender notice shall be published in e-procurement section of DOR’s website http://www.dor.gov.np, and in office notice board.
Matters not covered by this notice shall be accordance with Procurement act-2063 and prevailing regulation.
The Employer reserves the right to accept or reject, wholly or partly any or all the bids without assigning any reason, whatsoever.
Bidders, who choose to submit their bid electronically, shall be required to submit original documents within seven days after bid opening. Non
submission of original documents by the Bidder within that period may cause forfeiture of Bid Security.
Contract
Identification
Number
DROBHT/3371074/
071/72-108 Re
DROBHT/3373564/
071/72-134
DROBHT/3371234/
071/72-135
DROBHT/3371234/
071/72-136
DROBHT/3371234/
071/72-137
DROBHT/3371234/
071/72-138
DROBHT/3371234/
071/72-139
DROBHT/3371634/
071/72-140
Description and location of work
Black top works on Kathahar, Bachhauli, Lother,
Makawanpur Road, Chitwan Makawanpur.
Improvement of Tandi bazaar Road Section of
East-West Highway.
Blact top Works on Sauraha Paryatakiya Road.
Black top works on Bakhan Marga, (Rampur
Shardanagar) Chitwan.
Road construction works on Bhimdhunga
Lamidanda.
Gravelling and Gabion works on Sitapaila Dharke
Bhimdhunga Road .
Disposal of Landslide, Contruction of earthen
drain, Gabion works and hume pipe culvert on
Jugedi Dahakhani Lothar Road .
Road enchroachment protection works
Estimate
(without
VAT) (Rs.)
Av. Annual
TO in last 10
years
355,932.20
220,000,000.00
Bid
Document
Fee (Rs.)
Bid Security (Rs.)
300.00
10,500.00
10000.00
Remarks
Quotation
Bid
7,325,000.00
1,544,915.25
300.00
43,000.00
Quotation
1,275,423.73
300.00
36,000.00
Quotation
1,000,728.82
300.00
25,500.00
Quotation
1,354,237.28
300.00
38,500.00
Quotation
1,739,000.60
300.00
43,500.00
Quotation
869,560.00
300
22,000
Quotation
Division Chief
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Part 1:
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ROBHT/3373564/071/72-134
Standard Bidding Document
Table of Contents
PART 1 – Bidding Procedures ...............................................................................................1
Section 1 - Instructions to Bidders .......................................................................................2
Section II - Bid Data Sheet (BDS)………. ........................................................................25
Section III - Evaluation and Qualification Criteria ............................................................37
Section III (a) - Bill of Quantities ……………………………………… ………...… …57
Section IV - Bidding Forms ...............................................................................................67
Section V - Eligible Countries .........................................................................................104
PART 2 – Employer’s Requirements .....................................................................................1
Section VI - Employer’s Requirements ...............................................................................2
PART 3 – Conditions of Contract and Contract Forms ......................................................1
Section VII. General Conditions of Contract ......................................................................2
Section VIII. Particular Conditions of Contract ...............................................................26
Section IX - Contract Forms ..............................................................................................38
Section X - Supplementary Information………………………..................……………..44
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Bidding Procedures
PART 1 – Bidding Procedures
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Part 1: Section I
DROBHT/3373564/071/72-134
Instructions to Bidders
Section I - Instructions to Bidders
Table of Clauses
A.
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B.
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C.
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E.
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31.
General ..........................................................................................................................4
Scope of Bid ..................................................................................................4
Source of Funds .............................................................................................4
Fraud and Corruption ....................................................................................4
Eligible Bidders .............................................................................................6
Eligible Materials, Equipment and Services .................................................8
Contents of Bidding Document ...................................................................................8
Sections of Bidding Document......................................................................8
Clarification of Bidding Document, Site Visit, Pre-Bid Meeting .................9
Amendment of Bidding Document .............................................................10
Preparation of Bids ....................................................................................................10
Cost of Bidding ...........................................................................................10
Language of Bid ..........................................................................................10
Documents Comprising the Bid ..................................................................10
Letter of Bid and Schedules ........................................................................11
Alternative Bids ...........................................................................................11
Bid Prices and Discounts .............................................................................12
Currencies of Bid and Payment ...................................................................12
Documents Comprising the Technical Proposal .........................................13
Documents Establishing the Qualifications of the Bidder ..........................13
Period of Validity of Bids ...........................................................................13
Bid Security .................................................................................................13
Format and Signing of Bid ..........................................................................15
Submission and Opening of Bids ..............................................................................15
Sealing and Marking of Bids .......................................................................15
Deadline for Submission of Bids.................................................................16
Late Bids......................................................................................................16
Withdrawal, Substitution, and Modification of Bids ..................................16
Bid Opening ................................................................................................17
Evaluation and Comparison of Bids ........................................................................18
Confidentiality .............................................................................................18
Clarification of Bids ....................................................................................18
Deviations, Reservations, and Omissions ...................................................19
Determination of Responsiveness ...............................................................19
Nonconformities, Errors, and Omissions ....................................................19
Correction of Arithmetical Errors………………………………………….20
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32.
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37.
F.
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Conversion to Single Currency ...................................................................22
Margin of Preference ...................................................................................22
Evaluation of Bids .......................................................................................22
Comparison of Bids .....................................................................................22
Qualification of the Bidder ..........................................................................22
Employer’s Right to Accept Any Bid, and to Reject Any or All Bids........22
Award of Contract .....................................................................................................22
Award Criteria .............................................................................................22
Notification of Award .................................................................................23
Signing of Contract .....................................................................................23
Performance Security ..................................................................................23
Adjudicator……………………………………………………………… 24
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Section I - Instructions to Bidders
A. General
1.
Scope of Bid
1.1 The Employer, as indicated in the BDS, issues this Bidding
Document for the procurement of the Works as specified in
Section 6 (Employer’s Requirements). The name, identification,
and number of contracts of this bidding are provided in the
BDS.
1.2 Throughout this Bidding Document:
(a) the term “in writing” means communicated in written form
and delivered against receipt;
(b) except where the context requires otherwise, words
indicating the singular also include the plural and words
indicating the plural also include the singular; and
(c) “day” means calendar day.
2.
Source of Funds
2.1 The Borrower or Recipient (hereinafter called “Borrower”)
indicated in the BDS has applied for or received financing
(hereinafter called “funds”) from the World Bank (hereinafter
called “the Bank”) toward the cost of the project named in the
BDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract(s) for which this Bidding
Document is issued.
2.2 Payments by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with the
terms and conditions of the financing agreement between the
Borrower and the Bank (hereinafter called the Loan Agreement),
and will be subject in all respects to the terms and conditions of
that Loan Agreement. No party other than the Borrower shall
derive any rights from the Loan Agreement or have any claim to
the funds.
3.
Fraud and
Corruption
3.1 It is the Bank’s policy to require that Borrowers (including
beneficiaries of Bank loans), as well as bidders, suppliers, and
contractors and their subcontractors under Bank-financed
contracts, observe the highest standard of ethics during the
procurement and execution of such contracts.1 In pursuance of
this policy, the Bank:
(a)
1
defines, for the purposes of this provision, the terms set
In this context, any action taken by a bidder, supplier, contractor, or a sub-contractor to influence the
procurement process or contract execution for undue advantage is improper.
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forth below as follows:
(i)
“corrupt practice”2 is the offering, giving, receiving
or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of another
party;
(ii)
“fraudulent practice”3 is any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party
to obtain a financial or other benefit or to avoid an
obligation;
(iii) “collusive practice”4 is an arrangement between two
or more parties designed to achieve an improper
purpose, including to influence improperly the
actions of another party;
(iv) “coercive practice”5 is impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence
improperly the actions of a party;
(v)
"obstructive practice" is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede a
Bank investigation into allegations of a
corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or
intimidating any party to prevent it from
disclosing its knowledge of matters relevant to
the investigation or from pursuing the
investigation; or
(bb) acts intended to materially impede the exercise
of the Bank’s inspection and audit rights
provided for under sub-clause 3.1 (e) below.
(b)
2
3
4
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will reject a proposal for award if it determines that the
bidder recommended for award has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, coercive
“another party” refers to a public official acting in relation to the procurement process or contract
execution]. In this context, “public official” includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement
process or contract execution; and the “act or omission” is intended to influence the procurement process
or contract execution.
“parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
a “party” refers to a participant in the procurement process or contract execution.
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or obstructive practices in competing for the contract in
question;
(c)
will cancel the portion of the loan allocated to a contract
if it determines at any time that representatives of the
Borrower or of a beneficiary of the loan engaged in
corrupt, fraudulent, collusive, or coercive practices during
the procurement or the execution of that contract, without
the Borrower having taken timely and appropriate action
satisfactory to the Bank to address such practices when
they occur;
(d)
will sanction a firm or individual, including declaring
ineligible, either indefinitely or for a stated period of time,
to be awarded a Bank-financed contract if it at any time
determines that the firm has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for, or in executing, a
Bank-financed contract; and
(e)
will have the right to require that a provision be included
in bidding documents and in contracts financed by a Bank
loan, requiring bidders, suppliers, and contractors and
their sub-contractors to permit the Bank to inspect their
accounts and records and other documents relating to the
bid submission and contract performance and to have
them audited by auditors appointed by the Bank.
3.2 Furthermore, bidders shall be aware of the provision stated in
GCC Sub-Clauses 22.2 and 56.2 (h).
4.
Eligible Bidders
4.1 A Bidder may be a natural person, private entity, or governmentowned entity—subject to ITB 4.6—or any combination of them
in the form of a joint venture, under an existing agreement, or
with the intent to constitute a legally-enforceable joint venture.
Unless otherwise stated in the BDS, all partners shall be jointly
and severally liable for the execution of the Contract in
accordance with the Contract terms.
4.2 A Bidder, and all parties constituting the Bidder, shall have the
nationality of an eligible country, in accordance with Section 5
(Eligible Countries). A Bidder shall be deemed to have the
nationality of a country if the Bidder is a citizen or is constituted,
or incorporated, and operates in conformity with the provisions
of the laws of that country. This criterion shall also apply to the
determination of the nationality of proposed subcontractors or
suppliers for any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found
to have a conflict of interest shall be disqualified. A Bidder may
be considered to have a conflict of interest with one or more
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parties in this bidding process, if :
(a) they have a controlling partner in common; or
(b) they receive or have received any direct or indirect subsidy
from any of them; or
(c) they have the same legal representative for purposes of this
bid; or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have
access to information about or influence on the Bid of
another Bidder, or influence the decisions of the Employer
regarding this bidding process; or
(e) a Bidder participates in more than one bid in this bidding
process. Participation by a Bidder in more than one Bid will
result in the disqualification of all Bids in which the party is
involved. However, this does not limit the inclusion of the
same subcontractor in more than one bid; or
(f) a Bidder or any of its affiliates participated as a consultant in
the preparation of the design or technical specifications of the
contract that is the subject of the Bid; or
(g) a Bidder, or any of its affiliates has been hired (or is proposed
to be hired) by the Employer or Borrower as Engineer for the
contract.
4.4 A firm that is under a declaration of ineligibility by the Bank in
accordance with ITB 3 or by the Employer in accordance with
ITB 19.8, at the date of the deadline for bid submission or
thereafter, shall be disqualified.
4.5 A firm that has been determined to be ineligible by the Bank in
relation to the Bank Guidelines On Preventing and Combating
Fraud and Corruption in Projects Financed by IBRD Loans and
IDA Credits and Grants shall be not be eligible to be awarded a
contract
4.6 Government-owned enterprises in the Employer’s country shall
be eligible only if they can establish that they are legally and
financially autonomous and operate under commercial law, and
that they are not a dependent agency of the Employer.
4.7 Bidders shall provide such evidence of their continued eligibility
satisfactory to the Employer, as the Employer shall reasonably
request.
4.8 In case a prequalification process has been conducted prior to the
bidding process, this bidding is open only to prequalified
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Bidders.
4.9
5.
Eligible
Materials,
Equipment and
Services
Firms shall be excluded if:
(a)
as a matter of law or official regulation, the Borrower’s
country prohibits commercial relations with that country,
provided that the Bank is satisfied that such exclusion
does not preclude effective competition for the supply of
goods or related services required; or
(b)
by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Borrower’s country
prohibits any import of goods or contracting of works or
services from that country or any payments to persons or
entities in that country.
5.1 The materials, equipment and services to be supplied under the
Contract shall have their origin in eligible source countries as
defined in ITB 4.2 above and all expenditures under the Contract
will be limited to such materials, equipment, and services. At the
Employer’s request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.
5.2 For purposes of ITB 5.1 above, “origin” means the place where
the materials and equipment are mined, grown, produced or
manufactured, and from which the services are provided.
Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of
components, a commercially recognized product results that
differs substantially in its basic characteristics or in purpose or
utility from its components.
B. Contents of Bidding Document
6.
Sections of
Bidding
Document
6.1 The Bidding Document consist of Parts 1, 2, and 3, which
include all the Sections indicated below, and should be read in
conjunction with any Addenda issued in accordance with ITB 8.
PART 1
PART 2
PART 3
Bidding Procedures
Section III(a) - Bill of Quantities
Requirements
Section VI – Employer’s Requirements
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6.2 The Invitation for Bids issued by the Employer is not part of the
Bidding Document.
6.3 The Employer is not responsible for the completeness of the
Bidding Document and their Addenda, if they were not obtained
directly from the source stated by the Employer in the Invitation
for Bids.
6.4 The Bidder is expected to examine all instructions, forms, terms,
and specifications in the Bidding Document. Failure to furnish
all information or documentation required by the Bidding
Document may result in the rejection of the bid.
7.
Clarification of
Bidding
Document, Site
Visit, Pre-Bid
Meeting
7.1 A prospective Bidder requiring any clarification of the Bidding
Document shall contact the Employer in writing at the
Employer’s address indicated in the BDS or raise his inquiries
during the pre-bid meeting if provided for in accordance with
ITB 7.4. The Employer will respond in writing to any request for
clarification, provided that such request is received prior to the
deadline for submission of bids, within a period given in the
BDS. The Employer shall forward copies of its response to all
Bidders who have acquired the Bidding Document in accordance
with ITB 6.3, including a description of the inquiry but without
identifying its source. Should the Employer deem it necessary to
amend the Bidding Document as a result of a request for
clarification, it shall do so following the procedure under ITB 8
and ITB 22.2.
7.2 The Bidder is encouraged to visit and examine the Site of Works
and its surroundings and obtain for itself, on its own risk and
responsibility, all information that may be necessary for
preparing the bid and entering into a contract for construction of
the Works. The costs of visiting the Site shall be at the Bidder’s
own expense.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and lands
for the purpose of such visit, but only upon the express condition
that the Bidder, its personnel, and agents will release and
indemnify the Employer and its personnel and agents from and
against all liability in respect thereof, and will be responsible for
death or personal injury, loss of or damage to property, and any
other loss, damage, costs, and expenses incurred as a result of the
inspection.
7.4 The Bidder’s designated representative is invited to attend a prebid meeting, if provided for in the BDS. The purpose of the
meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.
7.5 The Bidder is requested, as far as possible, to submit any
questions in writing, to reach the Employer not later than one
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week before the meeting.
7.6 Minutes of the pre-bid meeting, including the text of the
questions raised, without identifying the source, and the
responses given, together with any responses prepared after the
meeting, will be transmitted promptly to all Bidders who have
acquired the Bidding Document in accordance with ITB 6.3. Any
modification to the Bidding Document that may become
necessary as a result of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an addendum pursuant
to ITB 8 and not through the minutes of the pre-bid meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
8.
Amendment of
Bidding
Document
8.1 At any time prior to the deadline for submission of bids, the
Employer may amend the Bidding Document by issuing
addenda.
8.2 Any addendum issued shall be part of the Bidding Document and
shall be communicated in writing to all who have obtained the
Bidding Document from the Employer in accordance with ITB
6.3.
8.3 To give prospective Bidders reasonable time in which to take an
addendum into account in preparing their bids, the Employer
may, at its discretion, extend the deadline for the submission of
bids, pursuant to ITB 22.2
C. Preparation of Bids
9.
Cost of Bidding
9.1 The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Employer shall in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
10. Language of Bid
10.1 The Bid, as well as all correspondence and documents relating to
the bid exchanged by the Bidder and the Employer, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be
in another language provided they are accompanied by an
accurate translation of the relevant passages in the language
specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
11. Documents
Comprising the
Bid
11.1 The Bid shall comprise the following:
(a) Letter of Bid;
(b) completed Schedules, in accordance with ITB 12 and 14, or
as stipulated in the BDS;
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(c) Bid Security or Bid Securing Declaration, in accordance
with ITB 19;
(d) alternative bids, at Bidder’s option and if permissible, in
accordance with ITB 13;
(e) written confirmation authorizing the signatory of the Bid to
commit the Bidder, in accordance with ITB 20.2;
(f) documentary evidence in accordance with ITB 17
establishing the Bidder’s qualifications to perform the
contract;
(g) Technical Proposal in accordance with ITB 16;
(h) In the case of a bid submitted by a joint venture (JV), the JV
agreement, or letter of intent to enter into a JV including a
draft agreement, indicating at least the parts of the Works to
be executed by the respective partners; and
(i) Any other document required in the BDS.
12. Letter of Bid and 12.1 The Letter of Bid, Schedules, and all documents listed under
Clause 11, shall be prepared using the relevant forms in Section
Schedules
IV (Bidding Forms), if so provided. The forms must be
completed without any alterations to the text, and no substitutes
shall be accepted. All blank spaces shall be filled in with the
information requested.
13. Alternative Bids
13.1 Unless otherwise indicated in the BDS, alternative bids shall not
be considered.
13.2 When alternative times for completion are explicitly invited, a
statement to that effect will be included in the BDS, as will the
method of evaluating different times for completion.
13.3 When specified in the BDS pursuant to ITB 13.1, and subject to
ITB 13.4 below, Bidders wishing to offer technical alternatives
to the requirements of the Bidding Document must first price the
Employer’s design as described in the Bidding Document and
shall further provide all information necessary for a complete
evaluation of the alternative by the Employer, including
drawings, design calculations, technical specifications,
breakdown of prices, and proposed construction methodology
and other relevant details. Only the technical alternatives, if any,
of the lowest evaluated Bidder conforming to the basic technical
requirements shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit
alternative technical solutions for specified parts of the Works.
Such parts will be identified in the BDS and described in
Section VI (Employer’s Requirements). The method for their
evaluation will be stipulated in Section III (Evaluation and
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Qualification Criteria).
14. Bid Prices and
Discounts
14.1 The prices and discounts quoted by the Bidder in the Letter of
Bid and in the Schedules shall conform to the requirements
specified below.
14.2 The Bidder shall submit a bid for the whole of the works
described in ITB 1.1 by filling in prices for all items of the
Works, as identified in Section IV, Bidding Forms. In case of
admeasurement contracts, the Bidder shall fill in rates and prices
for all items of the Works described in the Bill of Quantities.
Items against which no rate or price is entered by the Bidder will
not be paid for by the Employer when executed and shall be
deemed covered by the rates for other items and prices in the Bill
of Quantities.
14.3 The price to be quoted in the Letter of Bid shall be the total price
of the Bid, excluding any discounts offered.
14.4 Unconditional discounts, if any, and the methodology for their
application shall be quoted in the Letter of Bid, in accordance
with ITB 12.1.
14.5 If so indicated in ITB 1.1, bids are invited for individual
contracts or for any combination of contracts (packages). Bidders
wishing to offer any price reduction for the award of more than
one Contract shall specify in their bid the price reductions
applicable to each package, or alternatively, to individual
Contracts within the package. Price reductions or discounts shall
be submitted in accordance with ITB 14.3, provided the bids for
all contracts are submitted and opened at the same time.
14.6 Unless otherwise provided in the BDS and the Conditions of
Contract, the prices quoted by the Bidder shall be fixed. If the
prices quoted by the Bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of
the Conditions of Contract, the Bidder shall furnish the indices
and weightings for the price adjustment formulae in the Schedule
of Adjustment Data in Section IV (Bidding Forms) and the
Employer may require the Bidder to justify its proposed indices
and weightings.
14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28 days
prior to the deadline for submission of bids, shall be included in
the rates and prices and the total bid price submitted by the
Bidder.
15.1 The currency(ies) of the bid shall be as specified in the BDS.
15. Currencies of
Bid and Payment
15.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
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requirements, and to substantiate that the amounts included in the
prices shown in the appropriate form(s) of Section IV, in which
case a detailed breakdown of the foreign currency requirements
shall be provided by Bidders.
16. Documents
Comprising the
Technical
Proposal
16.1 The Bidder shall furnish a Technical Proposal including a
statement of work methods, equipment, personnel, schedule and
any other information as stipulated in Section IV (Bidding
Forms), in sufficient detail to demonstrate the adequacy of the
Bidders’ proposal to meet the work requirements and the
completion time.
17. Documents
Establishing the
Qualifications of
the Bidder
17.1 To establish its qualifications to perform the Contract in
accordance with Section III (Evaluation and Qualification
Criteria) the Bidder shall provide the information requested in
the corresponding information sheets included in Section IV
(Bidding Forms).
17.2 Domestic Bidders, individually or in joint ventures, applying for
eligibility for a 7½-percent margin of domestic preference shall
supply all information required to satisfy the criteria for
eligibility as described in ITB 33.
18. Period of
Validity of Bids
18.1 Bids shall remain valid for the period specified in the BDS after
the bid submission deadline date prescribed by the Employer. A
bid valid for a shorter period shall be rejected by the Employer as
nonresponsive.
18.2 In exceptional circumstances, prior to the expiration of the bid
validity period, the Employer may request Bidders to extend the
period of validity of their bids. The request and the responses
shall be made in writing. If a bid security is requested in
accordance with ITB 19, it shall also be extended for a
corresponding period. A Bidder may refuse the request without
forfeiting its bid security. A Bidder granting the request shall not be
required or permitted to modify its bid.
18.3 In the case of fixed price contracts, if the award is delayed by a
period exceeding fifty-six (56) days beyond the expiry of the
initial bid validity, the Contract price shall be adjusted by a
factor specified in the request for extension. Bid evaluation shall
be based on the Bid Price without taking into consideration the
above correction.
19. Bid Security
19.1 Unless otherwise specified in the BDS, the Bidder shall furnish
as part of its bid, in original form, either a Bid Securing
Declaration or a bid security as specified in the BDS. In the case
of a bid security, the amount shall be as specified in the BDS.
19.2 A Bid Securing Declaration shall use the form included in
Section IV Bidding Forms.
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19.3 If a bid security is specified pursuant to ITB 19.1, the bid
security shall be, at the Bidder’s option, in any of the following
forms:
(a) an unconditional guarantee, issued by a bank or surety;
(b) an irrevocable letter of credit;
(c) a cashier’s or certified check; or
(d) another security indicated in the BDS.
from a reputable source from an eligible country. If the
unconditional guarantee is issued by an insurance company or
bonding company located outside the Employer’s Country, it
shall have a correspondent financial institution located in the
Employer’s Country. In the case of a bank guarantee, the bid
security shall be submitted either using the Bid Security Form
included in Section IV (Bidding Forms) or in another
substantially similar format approved by the Employer prior to
bid submission. In either case, the form must include the
complete name of the Bidder. The bid security shall be valid for
twenty-eight days (28) beyond the original validity period of the
bid, or beyond any period of extension if requested under ITB
18.2.
19.4 Any bid not accompanied by an enforceable and substantially
compliant bid security or Bid Securing Declaration, if required in
accordance with ITB 19.1, shall be rejected by the Employer as
nonresponsive.
security of unsuccessful Bidders shall be returned as promptly as
possible upon the successful Bidder’s furnishing of the
performance security pursuant to ITB 41.
security of the successful Bidder shall be returned as promptly as
possible once the successful Bidder has signed the Contract and
furnished the required performance security.
19.7 The bid security may be forfeited or the Bid Securing
Declaration executed:
(a) if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Letter of Bid,
except as provided in ITB 18.2 or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 40; or
(ii) furnish a performance security in accordance with ITB
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41.
19.8 The Bid Security or the Bid Securing Declaration of a JV shall
be in the name of the JV that submits the bid. If the JV has not
been constituted into a legally-enforceable JV, at the time of
bidding, the Bid Security or the Bid Securing Declaration shall
be in the names of all future partners as named in the letter of
intent mentioned in ITB 4.1.
19.9 If a bid security is not required in the BDS, and
(a)
if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Letter of Bid Form,
except as provided in ITB 18.2, or
(b)
if the successful Bidder fails to: sign the Contract in
accordance with ITB 40; or furnish a performance security
in accordance with ITB 41;
the Borrower may, if provided for in the BDS, declare the
Bidder disqualified to be awarded a contract by the Employer
for a period of time as stated in the BDS.
20. Format and
Signing of Bid
20.1 The Bidder shall prepare one original of the documents
comprising the bid as described in ITB 11 and clearly mark it
“ORIGINAL”. Alternative bids, if permitted in accordance with
ITB 13, shall be clearly marked “ALTERNATIVE”. In addition, the
Bidder shall submit copies of the bid in the number specified in
the BDS, and clearly mark each of them “COPY.” In the event of
any discrepancy between the original and the copies, the original
shall prevail.
20.2 The original and all copies of the bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to
sign on behalf of the Bidder. This authorization shall consist of a
written confirmation as specified in the BDS and shall be
attached to the bid. The name and position held by each person
signing the authorization must be typed or printed below the
signature.
20.3 Any amendments such as interlineations, erasures, or overwriting
shall be valid only if they are signed or initialed by the person
signing the bid.
D. Submission and Opening of Bids
21. Sealing and
Marking of Bids
21.1 Bidders may always submit their bids by mail or by hand. When
so specified in the BDS, bidders shall have the option of
submitting their bids electronically. Procedures for submission,
sealing and marking are as follows:
(a) Bidders submitting bids by mail or by hand shall enclose the
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original and each copy of the Bid, including alternative bids,
if permitted in accordance with ITB 13, in separate sealed
envelopes, duly marking the envelopes as “ORIGINAL”,
“ALTERNATIVE” and “COPY.” These envelopes containing
the original and the copies shall then be enclosed in one
single envelope. The rest of the procedure shall be in
accordance with ITB sub-Clauses 22.2 and 22.3.
(b) Bidders submitting bids electronically shall follow the
electronic bid submission procedures specified in the BDS.
21.2 The inner and outer envelopes shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Employer as provided in the BDS
pursuant to ITB 22.1;
(c) bear the specific identification of this bidding process
indicated in accordance with ITB 1.1; and
(d) bear a warning not to open before the time and date for bid
opening.
21.3 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement or
premature opening of the bid.
22. Deadline for
Submission of
Bids
22.1 Bids must be received by the Employer at the address and no
later than the date and time indicated in the BDS.
22.2 The Employer may, at its discretion, extend the deadline for the
submission of bids by amending the Bidding Document in
accordance with ITB 8, in which case all rights and obligations
of the Employer and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.
23. Late Bids
23.1 The Employer shall not consider any bid that arrives after the
deadline for submission of bids, in accordance with ITB 22. Any
bid received by the Employer after the deadline for submission
of bids shall be declared late, rejected, and returned unopened to
the Bidder.
24.1 A Bidder may withdraw, substitute, or modify its bid after it has
24. Withdrawal,
been submitted by sending a written notice, duly signed by an
Substitution, and
authorized representative, and shall include a copy of the
Modification of
authorization in accordance with ITB 20.2, (except that
Bids
withdrawal notices do not require copies). The corresponding
substitution or modification of the bid must accompany the
respective written notice. All notices must be:
(a) prepared and submitted in accordance with ITB 20 and ITB 21
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(except that withdrawal notices do not require copies), and in
addition, the respective envelopes shall be clearly marked
“WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed for
submission of bids, in accordance with ITB 22.
24.2 Bids requested to be withdrawn in accordance with ITB 24.1
shall be returned unopened to the Bidders.
24.3 No bid may be withdrawn, substituted, or modified in the
interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Bidder on
the Letter of Bid or any extension thereof.
25. Bid Opening
25.1 The Employer shall open the bids in public at the address, date
and time specified in the BDS in the presence of Bidders`
designated representatives and anyone who choose to attend.
Any specific electronic bid opening procedures required if
electronic bidding is permitted in accordance with ITB 21.1,
shall be as specified in the BDS.
25.2 First, envelopes marked “WITHDRAWAL” shall be opened and
read out and the envelope with the corresponding bid shall not be
opened, but returned to the Bidder. No bid withdrawal shall be
permitted unless the corresponding withdrawal notice contains a
valid authorization to request the withdrawal and is read out at
bid opening. Next, envelopes marked “SUBSTITUTION” shall be
opened and read out and exchanged with the corresponding bid
being substituted, and the substituted bid shall not be opened, but
returned to the Bidder. No bid substitution shall be permitted
unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at bid
opening. Envelopes marked “MODIFICATION” shall be opened
and read out with the corresponding bid. No bid modification
shall be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is
read out at bid opening. Only envelopes that are opened and read
out at bid opening shall be considered further.
25.3 All other envelopes shall be opened one at a time, reading out:
the name of the Bidder and the Bid Price(s), including any
discounts and alternative bids and indicating whether there is a
modification; the presence of a bid security or Bid securing
Declaration, if required; and any other details as the Employer
may consider appropriate. Only discounts and alternative offers
read out at bid opening shall be considered for evaluation. No bid
shall be rejected at bid opening except for late bids, in
accordance with ITB 23.1.
25.4 The Employer shall prepare a record of the bid opening that shall
include, as a minimum: the name of the Bidder and whether there
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is a withdrawal, substitution, or modification; the Bid Price, per
contract if applicable, including any discounts and alternative
offers; and the presence or absence of a bid security, if one was
required. The Bidders’ representatives who are present shall be
requested to sign the record. The omission of a Bidder’s
signature on the record shall not invalidate the contents and
effect of the record. A copy of the record shall be distributed to
all Bidders.
E. Evaluation and Comparison of Bids
26. Confidentiality
26.1 Information relating to the examination, evaluation, comparison,
and post qualification of bids and recommendation of contract
award, shall not be disclosed to Bidders or any other persons not
officially concerned with such process until information on
Contract award is communicated to all Bidders.
26.2 Any attempt by a Bidder to influence the Employer in the
evaluation of the bids or Contract award decisions may result in
the rejection of its bid.
26.3 Notwithstanding ITB 25.2, from the time of bid opening to the
time of Contract award, if any Bidder wishes to contact the
Employer on any matter related to the bidding process, it may do
so in writing.
27. Clarification of
Bids
27.1 To assist in the examination, evaluation, and comparison of the
bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its bid. Any
clarification submitted by a Bidder that is not in response to a
request by the Employer shall not be considered. The Employer’s
request for clarification and the response shall be in writing. No
change in the prices or substance of the bid shall be sought,
offered, or permitted, except to confirm the correction of
arithmetic errors discovered by the Employer in the evaluation of
the bids, in accordance with ITB 31.
27.2 If a Bidder does not provide clarifications of its bid by the date
and time set in the Employer’s request for clarification, its bid
may be rejected.
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28. Deviations,
Reservations,
and Omissions
28.1 During the evaluation of bids, the following definitions apply:
(a) “Deviation” is a departure from the requirements specified
in the Bidding Document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the requirements
specified in the Bidding Document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.
29. Determination of
Responsiveness
29.1 The Employer’s determination of a bid’s responsiveness is to be
based on the contents of the bid itself, as defined in ITB11.
29.2 A substantially responsive bid is one that meets the requirements
of the Bidding Document without material deviation, reservation,
or omission. A material deviation, reservation, or omission is one
that,
(a) if accepted, would:
(i)
affect in any substantial way the scope, quality, or
performance of the Works specified in the Contract; or
(ii)
limit in any substantial way, inconsistent with the
Bidding Document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract; or
(b) if rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
29.3 The Employer shall examine the technical aspects of the bid
submitted in accordance with ITB 16, Technical Proposal, in
particular, to confirm that all requirements of Section 6
(Employer’s Requirements) have been met without any material
deviation, reservation or omission.
29.4 If a bid is not substantially responsive to the requirements of the
Bidding Document, it shall be rejected by the Employer and may
not subsequently be made responsive by correction of the
material deviation, reservation, or omission.
30. Nonconformities, 30.1 Provided that a bid is substantially responsive, the Employer may
waive any nonconformities in the bid.
Errors, and
Omissions
30.2 Provided that a bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of
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the bid. Failure of the Bidder to comply with the request may
result in the rejection of its bid.
30.3 Provided that a bid is substantially responsive, the Employer
shall rectify quantifiable nonmaterial nonconformities related to
the Bid Price. To this effect, the Bid Price may be adjusted, for
comparison purposes only, to reflect the price of a missing or
non-conforming item or component. The adjustment shall be
made using the methods indicated in Section III (Evaluation and
31. Correction of
Arithmetical
Errors
31.1 Provided that the bid is substantially responsive, the Employer
shall correct arithmetical errors on the following basis:
(a) only for unit price contracts, if there is a discrepancy
between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall
prevail and the total price shall be corrected, unless in the
opinion of the Employer there is an obvious misplacement of
the decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be
corrected;
(b) if there is an error in a total corresponding to the addition or
subtraction of subtotals, the subtotals shall prevail and the
total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount expressed
in words is related to an arithmetic error, in which case the
amount in figures shall prevail subject to (a) and (b) above.
31.2 If the Bidder that submitted the lowest evaluated bid does not
accept the correction of errors, its bid shall be declared nonresponsive.
32. Conversion to
Single Currency
32.1 For evaluation and comparison purposes, the currency(ies) of the
bid shall be converted into a single currency as specified in the
BDS.
33. Margin of
Preference
33.1 A margin of preference shall not apply, unless otherwise
specified in the BDS.
33.2 Domestic bidders shall provide all evidence necessary to prove
that they meet the following criteria to be eligible for a 7½
percent margin of preference in the comparison of their bids with
those of bidders who do not qualify for the preference. They
should:
(a)
be registered within the country of the Employer’s country ;
(b)
have majority ownership by nationals of the country of the
Employer’s country ;
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(c)
not subcontract more than 10 percent of the Contract Price,
excluding provisional sums, to foreign contractors.
33.3 The following procedure shall be used to apply the margin of
preference:
(a)
(b)
34. Evaluation of
Bids
Responsive bids shall be classified into the following
groups:
(i)
Group A: bids offered by domestic bidders and joint
ventures meeting the criteria of ITB Sub-Clause 33.2;
and
(ii)
Group B: all other bids.
For the purpose of further evaluation and comparison of
bids only, an amount equal to 7½ percent of the evaluated
Bid prices determined in accordance with ITB Sub-Clause
33.2 shall be added to all bids classified in Group B.
34.1 The Employer shall use the criteria and methodologies listed in
this Clause. No other evaluation criteria or methodologies shall
be permitted.
34.2 To evaluate a bid, the Employer shall consider the following:
(a) the bid price, excluding Provisional Sums and the provision,
if any, for contingencies in the Summary Bill of Quantities
for admeasurement contracts or Schedule of Prices for lump
sum contracts, but including Daywork items, where priced
competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 31.1;
(c) price adjustment due to discounts offered in accordance with
ITB 14.3;
(d) converting the amount resulting from applying (a) to (c) above,
if relevant, to a single currency in accordance with ITB 32;
(e) adjustment for nonconformities in accordance with ITB
30.3;
(f) application of all the evaluation factors indicated in Section
III (Evaluation and Qualification Criteria);
34.3 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in bid evaluation.
34.4 If this Bidding Document allows Bidders to quote separate prices
for different contracts, and to award multiple contracts to a single
Bidder, the methodology to determine the lowest evaluated price
of the contract combinations, including any discounts offered in
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the Letter of Bid, is specified in Section III (Evaluation and
34.5 If the bid for an admeasurement contract, which results in the
lowest Evaluated Bid Price, is seriously unbalanced, front loaded
or substantially below updated estimates in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed.
After evaluation of the price analyses, taking into consideration
the schedule of estimated Contract payments, the Employer may
require that the amount of the performance security be increased
at the expense of the Bidder to a level sufficient to protect the
Employer against financial loss in the event of default of the
successful Bidder under the Contract.
35. Comparison of
Bids
35.1 The Employer shall compare all substantially responsive bids in
accordance with ITB 34.2 to determine the lowest evaluated bid.
36. Qualification of
the Bidder
36.1 The Employer shall determine to its satisfaction whether the
Bidder that is selected as having submitted the lowest evaluated
and substantially responsive bid meets the qualifying criteria
specified in Section III (Evaluation and Qualification Criteria).
36.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted
by the Bidder, pursuant to ITB 17.1.
36.3 An affirmative determination of qualification shall be a
prerequisite for award of the Contract to the Bidder. A negative
determination shall result in disqualification of the bid, in which
event the Employer shall proceed to the next lowest evaluated
bid to make a similar determination of that Bidder’s
qualifications to perform satisfactorily.
37. Employer’s
Right to Accept
Any Bid, and to
Reject Any or
All Bids
37.1 The Employer reserves the right to accept or reject any bid, and
to annul the bidding process and reject all bids at any time prior
to contract award, without thereby incurring any liability to
Bidders. In case of annulment, all bids submitted and
specifically, bid securities, shall be promptly returned to the
Bidders.
F. Award of Contract
38. Award Criteria
38.1 Subject to ITB 37.1, the Employer shall award the Contract to
the Bidder whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
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39. Notification of
Award
39.1 Prior to the expiration of the period of bid validity, the Employer
shall notify the successful Bidder, in writing, via the Letter of
Acceptance included in the Contract Forms, that its bid has been
accepted. At the same time, the Employer shall also notify all
other Bidders of the results of the bidding, and shall publish the
results identifying the bid and lot numbers and the following
information: (i) name of each Bidder who submitted a Bid; (ii) bid
prices as read out at Bid Opening; (iii) name and evaluated prices of
each Bid that was evaluated; (iv) name of bidders whose bids were
rejected and the reasons for their rejection; and (v) name of the
winning Bidder, and the Price it offered, as well as the duration and
summary scope of the contract awarded.
39.2 Until a formal contract is prepared and executed, the notification
of award shall constitute a binding Contract.
39.3 The Employer shall promptly respond in writing to any
unsuccessful Bidder who, after notification of award in
accordance with ITB 39.1, requests in writing the grounds on
which its bid was not selected.
40. Signing of
Contract
40.1 Promptly upon notification, the Employer shall send the
successful Bidder the Contract Agreement.
40.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return it to
the Employer.
41. Performance
Security
41.1 Within twenty-eight (28) days of the receipt of notification of
award from the Employer, the successful Bidder shall furnish the
performance security in accordance with the conditions of
contract, subject to ITB 34.5, using for that purpose the
Performance Security Form included in Section IX (Contract
Forms), or another form acceptable to the Employer. If the
performance security furnished by the successful Bidder is in the
form of a bond, it shall be issued by a bonding or insurance
company that has been determined by the successful Bidder to be
acceptable to the Employer. A foreign institution providing a
bond shall have a correspondent financial institution located in
the Employer’s Country.
41.2 Failure of the successful Bidder to submit the above-mentioned
Performance Security or to sign the Contract Agreement shall
constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security. In that event the Employer may
award the Contract to the next lowest evaluated Bidder whose
offer is substantially responsive and is determined by the
Employer to be qualified to perform the Contract satisfactorily.
41.3 The above provision shall also apply to the furnishing of a
domestic preference security if so required.
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42. Adjudicator
42.1 The Employer proposes the person named in the BDS to be
appointed as Adjudicator under the Contract, at the hourly fee
specified in the BDS, plus reimbursable expenses. If the Bidder
disagrees with this proposal, the Bidder should so state in his
Bid. If, in the Letter of Acceptance, the Employer does not agree
on the appointment of the Adjudicator, the Employer will request
the Appointing Authority designated in the Particular Conditions
of Contract (PCC) pursuant to Clause 23.1 of the General
Conditions of Contract (GCC), to appoint the Adjudicator.
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Evaluation and Qualification Criteria
A. Introduction
ITB 1.1
The Employer is:
Ministry of Physical Infrastructure and Transport
Department of Roads
ITB 1.1
The name of the bidding process is: National Competitive Bidding
Improvement of Tandi bazaar Road Section of East-West Highway.
The identification number of the bidding process is: Contract No.:
DROBHT/3373564/071/72-134
ITB 2.1
The Recipient is Government of Nepal.
ITB 2.1
The name of the Project is:
Improvement of Tandi bazaar Road Section of East-West Highway.
The works to be executed will comprise mainly the following items:
a) Asphalt Concrete works.
b) Earthwork Excavation.
c) Masonry works.
d) Culvert Construction.
e) Footpath works.
ITB 3.1(a)
(ii)
Add at the end of the sub-clause as follows:
ITB 4.1(a)
The individuals or firms in a JV shall be jointly and severally liable.
Any fraudulent practice including using sub standard material will be
subjected to the prosecution under the Country’s prevailing laws related to
corruption and fraud.
Add at the end of the paragraph of clause 4.1 as follows:
The maximum number of partners in a joint venture shall be limited to
Three (3).
In case of joint ventures of the partners, the agreement shall be in a format
attached in Section IV – Bidding Forms of Bidding documents or
acceptable to the Employer meeting the requirements stipulated in the ITB
Clause 20.2.
The qualification requirements to be met by "At least one partner" should
be met by the same partner of the joint venture for all required criteria.
ITB 4
Add Sub-clause 4.10 as follows:
If the contract is awarded to a foreign bidder, he shall register temporarily
with the Government of Nepal within one month of signing of the
agreement.
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Part1: Section III:
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B. Bidding Documents
ITB 7.1
For clarification purposes only, the Employer’s address is:
Attention:
The Division Chief
Division Road Office, Bharatpur,Chitwan
Street Address:
Bharatpur, Chitwan
Floor/Room number:
Division Road Office
City:
Bharatpur, Chitwan
ZIP Code:
Country:
Nepal
Telephone:
056521418.
Facsimile number:
056520218
Electronic mail address: ………………..
Requests for clarification should be received by the Employer no later
than: 20 days prior to the deadline for submission of bids
ITB 7.4
A Pre-Bid meeting shall take place. If a Pre-Bid meeting will take place, it
will be at the following date, time and place:
Date: 2015/03/29
Time: 13:00 hrs
Place:
Division Road Office, Bharatpur,Chitwan
Note: If the date happens to be a public holiday, then this event will
take place at the same time on the next working day.
A site visit conducted by the Employer shall not be organized.
C. Preparation of Bids
ITB 10.1
The language of the bid is: English
ITB 11.1 (b)
The following schedules shall be submitted with the bid: Priced Bill of
Quantities
ITB 11.1 (i)
The Bidder shall submit with its bid the following additional documents:
(a) Up to date Firm/Company Registration Certificate (and in case of JV
by all firms in the Joint Venture);
(b) VAT Registration Certificate (For National Firms);
(c) Tax Clearance Certificate upto FY 2070/71 BS (For National Firms);
(d) Supplementary Information in a format attached in Section - X of
Bidding documents.
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ITB 13.1
Alternative bids shall not be permitted.
ITB 13.2
Alternative times for completion shall not be permitted.
ITB 13.4
Alternative technical solutions shall be permitted for the following parts of
the Works: Not Applicable
The prices quoted by the Bidder shall not be subject to adjustment during
the performance of the Contract.
ITB 14.6
ITB 15.1
The prices shall be quoted by the bidder in: Nepalese Rupees
ITB 15
The authority for establishing the rates of exchange of foreign currency
shall be Nepal Rastra Bank and that will be selling rate.
ITB 18.1
The bid validity period shall be: 120 days.
ITB 19.1
The Bidder shall furnish a bid security in the amount of NRs
7,325,000.00 from an 'A' class commercial Bank or its equivalent in
Foreign Currency.
Bid security issued by a foreign bank shall be counter guaranteed by an
"A" class commercial bank established in Nepal.
In case of e-submitted bid, where the Bidder is required to submit scanned
copy of Bid security letter, the Bidder accepts that the scanned copy of the
Bid security shall, for all purposes, be equal to the original. Bidder shall be
required to submit the original Bid security letter to the Employer within
the specified period when requested by the Employer as per ITB clause
27.1
ITB 19.3 (d)
ITB 19.7
None
Add (c), and (d) as follows:
(c) in case of e-submission of bid, if the Bidder does not submit the
original Bid security letter and/or respond and/or submit the documents
and or clarifications within the specified period, when requested by the
Employer as per ITB Clause 27.1.
(d) in case of e-submission of bid, if major discrepancy is found between esubmitted bid information and documents/ clarifications provided by the
Bidder during verification process as per ITB Clause 27.1.
ITB 20.1
In addition to the original of the bid, the number of copies is: One in case
of submission of hard copy of bid.
In case of e-submission of bid:
The Bidder shall submit his bid electronically in PDF files in the manner as
specified in ITB Clause 21.1(b), and submission of hard copy of "original
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plus one copy of bid " (as stated above) is not mandatory.
In case, if both the electronic bid and original bid in hard copy are
submitted to the Employer within the bid submission dead line, the
Bidder's electronic bid and original bid in hard copy will be accepted for
evaluation provided if the facts and figures in hard copy confirm to the
PDF files in electronic bid. If there is any discrepancy in fact and figures in
the electronic bid and original bid in hard copy it will be treated as two
separate bids from one Bidder and hence, both the electronic bid and
original bid in hard copy shall be disqualified.
However, for electronically submitted bid in PDF files, the Bidder shall be
required to submit original Bid Security letter/ documents/ clarifications as
specified in ITB Clause 27.1.
ITB 20.2
The written confirmation of authorization to sign on behalf of the Bidder
shall indicate:
(a) The name and description of the documentation required to
demonstrate the authority of the signatory to sign the Bid such as a
Power of Attorney; and
(b) In the case of Bids submitted by an existing or intended JV an
undertaking signed by all parties (i) stating that all parties shall be
jointly and severally liable, if so required in accordance with ITB
4.1(a), and (ii) nominating a Representative who shall have the
authority to conduct all business for and on behalf of any and all the
parties of the JV during the bidding process and, in the event the JV
is awarded the Contract, during contract execution.”]
D. Submission and Opening of Bids
ITB 21.1
Bidders shall have the option of submitting their bids electronically.
ITB 21.1 (b)
If bidders shall have the option of submitting their bids electronically, the
electronic bidding submission procedures shall be:
Description of bid submission procedure through electronically (esubmission) only:
(i) Interested bidders may either purchase the Bidding documents from
the Employer's office as specified in the Tender Notice or choose to
download the necessary part of bidding documents from Eprocurement section of DOR’s Web Site http://www.dor.gov.np. In
case, the Bidder choose to download the bidding documents, prepare
his bids on downloaded documents, and submit his bid electronically,
the Bidder shall be required to deposit the cost of bidding document
(as specified in the bid notice) in the Project’s Rajaswa (revenue)
account as specified below. In addition, electronic scanned copy (pdf
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format) of the Bank deposit voucher/tele transfer receipt shall be also
required to be submitted along with the electronic bid files.
Information to deposit the cost of bidding document in Bank:
Deposit Account Number 1310203000000 Rastria Banijya Bank, Bharatpur
ii) The Bidder shall fill the following documents and forms (in hard copy
of issued bid documents or down loaded bid documents for specific
bid), signed by the authorised representative and with seal of the
company
a) Bill of Quantity (BOQ) with rate, amount
b) Letter of Bid, Form of Bid Security, Bidder's Qualifications as per
formats given in section-IV: Bidding Forms
c) Other relevant documents as specified
iii) The Bidder shall then scan the completed original documents, forms in
PDF files with appropriate filename as shown in the table below. PDF
(Adobe acrobat) version must be 4.0 or above.
S.
No.
1
2
3
4
Document
Form of Bid as of
Section IV
Bid Security (Bank
Guarantee) as of
Section X
Company
registration,
VAT registration,
PDF File
name
Bid form -1
Requiremen
t
Mandatory
Bid security2
Mandatory
Company
reg-3
VAT reg-4
Mandatory
5
Tax clearances
certificate,
Tax-5
6
Power of Attorney
of Bid signatory
Joint venture
agreement
Qualification
Information as of
Section IV-2a
BOQ with rate,
amount and total
amount
Power of att6
JV doc-7
7
8
9
For
National
firms
For
National
firms
Mandatory
Mandatory
Qualification
s-8
Mandatory
BOQ-9
Mandatory
Remarks
All firms in
case of JV
All firms in
case of JV
All firms in
case of JV
In case of
JV
*In place of "Form of Bid", "Letter of Bid" shall be attached as per Section
IV.
In addition to the above mentioned documents, the following documents
shall be attached as additional documents:
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S.
Document
PDF File
No.
Name
1
Bank deposit Voucher BDvouchor tele transfer receipt 12
for an amount
specified as the cost of
bid document
Requirement
Mandatory
Remarks
In case the bid
document is
downloaded
electronically
Note: Mandatory means the mentioned files must be included in esubmission and non-submission of such files with the bid shall result
in the bid being considered non responsive.
iv) For e-submission purpose the Bidder shall, at first, register in the eprocurement section of DOR’s Web site http://www.dor.gov.np
v) After preparing all the required bidding documents in PDF scan files
as specified in (ii) and (iii), the Bidder shall upload the PDF bid files
and submit his complete bid online through e-procurement section of
DOR’s website http://www.dor.gov.np within the specified date and
time.
Requirements and Conditions for e-submission of bid;
1) The e-submitted bids must be readable through Adobe Acrobat
Reader. Unreadable and or partially submitted bid files (not complying
as per ITB Clause 21.1) shall be considered incomplete and rejected
for further bid evaluation.
2) In addition to electronically submitted PDF files, the Bidder shall be
required to submit original Bid security letter/ documents and
clarifications as specified in ITB Clause 27.1. Non submission of
original Bid security letter, documents and or clarifications by the
Bidder within specified time may cause forfeiture of Bid Security as
specified in ITB Clause 19.7 (c).
3) In case of major discrepancy found between electronically submitted
PDF bid files and documents/ clarifications provided by the Bidder as
per ITB Clause 27.1, the bid shall not be considered for further
evaluation and ITB Clause 19.7 (d) shall be applicable.
4) Proposed facility for submission of bid electronically through esubmission is to increase transparency, non-discrimination, equality of
access, and open competition. The Bidders are fully responsible to use
the e-submission facility properly in e-procurement section of DOR's
website http://www.dor.gov.np in specified procedures and in no case
the Employer shall be held liable for Bidder's inability to use this
facility.
5) When a Bidder submits electronic bid by downloading the bidding
documents from the DOR’s webpage it is assumed that the Bidder
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prepares his bid by studying and examining all the Bidding documents
including Employer's Requirement and conditions of contract.
In case, the Bidder choose to download the bidding documents and
deposit the cost of bidding document (as specified in the bid notice) in
the Project’s Rajaswa (revenue) account such deposited amount shall
be verified by the office during bid evaluation process. The bid shall
be non-responsive and shall not be evaluated if the specified cost for
bidding document is not deposited in the specified Rajaswa (revenue)
account of the Project.
Add a new sub-clause 21.4 as follows:
6)
ITB 21.4
In addition to the original Power of Attorney of the signatory of the bid,
enclosed with the original sealed bid, a copy of Power of Attorney shall
also be attached to outside the envelope containing the original bid.
ITB 22.1
For bid submission purposes only, the Employer’s address is:
Attention: The Division Chief
Street Address: Bharatpur, Bypass road
City:
Chitwan
Country:
Nepal
The deadline for bid submission is:
Date: 2015/04/09
Time: 12.00 Hrs.
Add following paragraph at the end of Clause 22.1
In case of e-submission of bid;
The Employer’s address for the purpose of electronic bid submission is Eprocurement section of http://www.dor.gov.np. The bidder should note the
following:
i)
ii)
iii)
ITB 23
Bidders shall be notified about the details of e- submission
procedures in the pre-bid meeting.
The e-procurement system will accept the e-submission of bid from
the date after publishing of notice and will automatically not allow
the e-submission of bid after the deadline for submission of bid, as
specified above.
The standard time for e-submission is Nepalese Standard Time as set
out in the server of Department of Roads.
Add 23.2 as follows: 23.2 In case of e-submission of bids, the eprocurement system will, automatically, not allow the e-submission of bid
after the deadline for submission of bid.
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ITB 24.4
Add a new sub-clause 24.4 as follows:
Modification, Substitution and Withdrawal of the bid shall be accompanied
by a written Power of Attorney of the signatory for Modification,
Substitution, and Withdrawal of the bid, duly signed by authorised
representative/s of the Firm / all authorised Joint Venture Partners.
When a bidder submits his bid in hard copy the e-procurement section does
not allow the bidder to submit his Substitution or Modification or
Withdrawal through e-procurement section of DOR's Web site.
In case of e-submitted bid;
(i)
For Substitution of Bid the Bidder shall follow similar steps as
specified in ITB Clause 21.1 with a Substitution letter in PDF file.
ii) For Substitution or Modification or Withdrawal of bid the Bidder is
required to submit PDF scan copy of their Modification or
Withdrawal letter and a written Power of Attorney of the signatory
for Modification/ Withdrawal, duly signed by Authorised
Representative/s of the Firm / all authorised Joint Venture partners.
ITB 25.1
The bid opening shall take place at:
Street Address: Division Road Office, Bharatpur
City: Chitwan
Country: Nepal
Date: 2015/04/09
Time: 13:00 hr
If electronic bid submission is permitted in accordance with ITB 21.1, the
specific bid opening procedures shall be:
In case of e-submitted bid;
i) Electronically submitted bid shall be opened at first in the same time
and date as specified above.
ii) The e-procurement system allows the Employer to download the esubmitted bid files from the Bidders only after the time for opening the
bids.
iii) The e-submitted bids must be readable through open standards
interfaces. Unreadable and or partially submitted bid files (not
complying as per ITB Clause 21.1) shall be considered incomplete and
rejected for further bid evaluation.
iv) After opening of e-submitted bids files, all files shall be printed and
recorded at the time of bid opening.
ITB 25.2
Add the following at the end of paragraph of Clause 25.2:
In case of e-submission, the files in PDF format under "WITHDRAWAL"
or "MODIFICATION" or "SUBSTITUTION" shall be opened and read
out first. Bids for which acceptable notice of "WITHDRAWAL" or
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"SUBSTITUTION" has been submitted pursuant to ITB Clause 24 shall
not be opened.
ITB 27.1
E. Evaluation and Comparison of Bids
Add the following paragraph at the end of Sub-clause 27.1:
In case of e-submission of bid, the bidder shall submit the original Bid
security, Power of Attorney of the Authorised signatory, parts of the
completed bid and other clarifications upon notification from the Employer
for verification and accepting the bid.
ITB 29.2
Add at the end of the paragraph as follows:
In case of e-submission of bid the requirement as specified in the ITB
Clauses 19.4, 20.1, 21.1 (b), 21.2 (b), 22.1, 23.2, 24.4, 25.1, 25.2, and 27.2
shall be fulfilled to be substantially responsive bid.
ITB 32.1
Not applicable
ITB 33.1
A margin of preference shall not apply.
ITB 34.6
Add the sub clause 34.6 as follows:
34.6In case of e-submission bids, the Employer evaluates the bid based on
the information as per electronically submitted bid files. For
clarification/ verification purpose, the Employer may request the
Bidder to submit original Bid security letter, documents/ clarifications
as specified in ITB Clause 27.1.
In case, if the Bidder can not substantiate or provide evidence to
prove the information provided in e-submitted bid through
documents/ clarifications as per ITB Clause 27.3, the bid shall not be
considered for further evaluation and ITB Clause 19.7(d) shall be
applicable.
ITB 39.1
Add following paragraph at the beginning of the Clause 39.1
The Employer shall notify its intention to award the Contract to the
selected bidder. Further, the employer shall also provide information
regarding the name, address and the contract amount of the successful
bidder to all the bidders who participated in the bid as per Public
Procurement Act 2007 of the Government of Nepal.
Also add the following in Clause 39.1
‘DOR Website’ before “UNDB Online............”
ITB 39
ITB 41.1
Add new sub-clause 39.4 as follows:
Review of procurement and decision making procedures shall be as
stipulated in the Public Procurement Act 2007 and Public Procurement
Regulations 2007 of Government of Nepal.
The amount of the Performance Security shall be five percent (5%) of the
initial contract price.
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ITB 41.4
Add sub-clause 41.4 as follows:
If the bid which results in lowest evaluated bid price, is seriously
unbalanced or front loaded in the opinion of the employer, the Employer
may require the Bidder to produce detailed price analyses for any or all
items of the Bill of Quantities, to demonstrate the internal consistency of
those prices with the construction methods and schedule proposed. After
evaluation of the price analyses, taking into the consideration of the
schedule of estimated Contract Payments, the Employer may require that
the amount of the performance security be increased at the expense of the
bidder by upto an additional 8% of the initial contract price of the
successful Bidder.
Failure of the successful Bidder to comply with this requirement of
increased performance security shall constitute sufficient grounds for
cancellation of the award and forfeiture of the Bid Security.
ITB 42.1
The Adjudicator proposed by the Employer is:
Name:
Nationality:
Education:
Experience:
Nepalese
The hourly fee for this proposed Adjudicator shall be NRs.2000.00 per
hour.
In case no appointment of Adjudicator by the Employer the Appointing
Authority is the Contracting Parties.
ITB 43
Add new clause 43 Local agent as follows:
43: Local agent
In case of foreign bidders the bidder shall indicate whether a local agent has
been appointed or not. If an agent has been appointed, the bidder shall
provide the following information as specified in Section VI:
Supplementary Information:
a) Name and address of agent
b) Commission amount payable to the local agent, Currency, payment
mode
c) Any condition made and applicable
In case of Local agent the bidder shall provide the copy of PAN
registration of the agent and the acceptance letter from the agent to act as a
local agent
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ITB 44
Add new clause 44 on responding to complaints as follows;
Complaints with regard to intimidation, extortion, collusion, carteling,
procurement decisions and allegations for fraud or corruption shall be dealt
as specified in the Public Procurement Act 2007, Public Procurement
Regulations 2007, and other procedures established by the Government of
Nepal. For the purpose of responding to the Complaints on construction
quality the DoR shall follow the Project specified procedure as mentioned
in Annex 6a: Governance and Accountability Arrangements provisioned in
'Project Appraisal Document, Road Sector Development Project November
6, 2007' published in DoR website.
ITB 45
Add new Clause 45 on "Guarantees and Securities issued by Foreign
Banks" as follows:
All the Guarantees and Securities like Performance Security, Advance
Payment Guarantee, and Retention Money Guarantee that are issued by a
foreign bank shall be counter guaranteed by an"A" class commercial bank
established in Nepal.
This section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders if the bidding was not preceded by a prequalification exercise and post qualification
is applied. In accordance with ITB 34 and ITB 36, no other methods, criteria and factors shall
be used. The Bidder shall provide all the information requested in the forms included in
Section 4 (Bidding Forms).
Table of Criteria
1.
1.1
1.2
1.3
1.4
1.5
2.
Evaluation ...................................................................................................................38
Adequacy of Technical Proposal .................................................................38
Multiple Contracts .......................................................................................38
Completion Time.........................................................................................39
Technical Alternatives .................................................................................39
Margin of Preference ...................................................................................39
Qualification ...............................................................................................................40
A. For the award of Contract RSDPAF-W-TYPM-NCB-CR- BHARATPUR-6A only .40
2.1
2.2
Eligibility .....................................................................................................40
Historical Contract Non-Performance .........................................................41
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2.3
2.4
2.5
2.6
Financial Situation .......................................................................................42
Experience ...................................................................................................44
Personnel .....................................................................................................46
Equipment ...................................................................................................46
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1.
Evaluation
In addition to the criteria listed in ITB 34.1 (a) – (e) the following criteria shall
apply:
1.1
Adequacy of Technical Proposal
Evaluation of the Bidder's Technical Proposal will include an assessment of the
Bidder's technical capacity to mobilize key equipment and personnel for the
contract consistent with its proposal regarding work methods, scheduling, and
material sourcing in sufficient detail and fully in accordance with the
requirements stipulated in Section VI (Employer's Requirements).
1.2
Multiple Contracts
Pursuant to Sub-Clause 34.4 of the Instructions to Bidders, if Works are grouped
in multiple contracts, evaluation will be as follows: Not Applicable
To be eligible for the award for a single or more than one contract, a bidder must
demonstrate qualification requirements as per Section III – Evaluation and
Qualification Criteria.
1.3
Completion Time
An alternative Completion Time, if permitted under ITB 13.2, will be
evaluated as follows: Not Applicable
1.4
Technical Alternatives
Technical alternatives, if permitted under ITB 13.4, will be evaluated as
follows: Not Applicable
1.5
Margin of Preference
If a margin of preference shall apply under ITB 33.1, the procedure will be as
follows as: Not Applicable.
1.6
Aggregated Qualification Requirements
Not Applicable
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2.
Qualification
A. For the award of Contract DROBHT/3373564/071/72-134
Factor
2.1
Eligibility
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.1.1 Nationality
Nationality in accordance
with ITB 4.2.
Must meet
requirement
2.1.2 Conflict of
Interest
No- conflicts of interests as
described in ITB 4.3.
Must meet
requirement
2.1.3 Bank
Ineligibility
Not having been declared
ineligible by the Bank as
described in ITB 4.4.
Compliance with conditions
of ITB 4.5
Not having been excluded as
a result of the Borrower’s
country laws or official
regulations, or by an act of
compliance with UN Security
Council resolution, in
accordance with ITB 4.8
Must meet
requirement
2.1.4 Government
Owned Entity
2.1.5 Ineligibility
based on a United
Nations resolution or
Borrower’s country
law
Must meet
requirement
Must meet
requirement
1-38
Joint Venture, Consortium or Association
All partners
Each
At least one
combined
partner
partner
Existing or
Must meet
N/A
intended JV
requirement
must meet
requirement
Existing or
Must meet
N/A
intended JV
requirement
must meet
requirement
Existing JV
Must meet
N/A
must meet
requirement
requirement
Must meet
Must meet
N/A
requirement
requirement
Existing JV
must meet
requirement
Must meet
requirement
N/A
Documentation
Required
Form ELI –1.1 and
1.2, with attachments
Letter of Bid
Letter of Bid
Form ELI –1.1 and
1.2, with attachments
Letter of Bid
Part1: Section III:
DROBHT/3373564/071/72-134
Factor
2.2
Historical Contract Non-Performance
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.2.1 History of nonperforming contracts
2.2.2 Pending
Litigation
All partners
Each
At least one
combined
partner
partner
Documentation
Required
Form CON – 2
Non-performance of a
contract did not occur within
the last five (5) years prior to
the deadline for application
submission, based on all
information on fully settled
disputes or litigation. A
fully settled dispute or
litigation is one that has been
resolved in accordance with
the Dispute Resolution
Mechanism under the
respective contract, and
where all appeal instances
available to the bidder have
been exhausted.
Must meet
requirement
by itself or as
partner to
past or
existing JV
All pending litigation shall in
total not represent more than
fifty percent (50 %) of the
Bidder’s net worth and shall
be treated as resolved against
the Bidder.
Must meet
requirement
by itself or as
partner to
past or
existing JV
1-39
N/A
N/A
Must meet
requirement
by itself or
as partner to
past or
existing JV
Must meet
requirement
by itself or as
partner to
past or
existing JV
N/A
Form CON – 2
N/A
Part1: Section III:
DROBHT/3373564/071/72-134
Factor
2.3
Financial Situation
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.3.1 Historical
Financial
Performance
Submission
of
audited
balance sheets or if not
required by the law of the
bidder’s
country,
other
financial
statements
acceptable to the Employer,
for the last Five [5] years to
demonstrate
the
current
soundness of the bidders
financial position and its
prospective
long
term
profitability.
(a) Net worth (total assets –
total liabilities) MUST be
positive.
(b) Available Bid Capacity
shall be Not Applicable
All partners
Each
At least one
combined
partner
partner
Must meet
requirement
N/A
Must meet
requirement
Must meet
requirement
The Formula to calculate
Available Bid Capacity shall
be AxNx1.5 – B; where
A = Maximum value of
works performed in any one
year during last five years
N = Completion time of the
1-40
Documentation
Required
Must meet
requirement
N/A
Form FIN – 3.1 with
attachments
N/A
N/A
Form FIN – 3.2 and
Form CCC
Part1: Section III:
DROBHT/3373564/071/72-134
Factor
2.3
Financial Situation
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
All partners
Each
At least one
combined
partner
partner
Documentation
Required
proposed works in years
B = Value of existing
commitments and works to
be completed during the next
N years.
Note: The value "B" shall
be calculated based on the
commitments of the bidder
or partner of the bidder as a
whole irrespective of its
shares in the existing
commitment.
2.3.2. Average
Annual Turnover
Minimum average annual
turnover of
Nrs220,000,000.00
Calculated as total certified
payments received for
contracts in progress or
completed, within the last
Ten (10) years. For the
calculation of average annual
turnover, average of the best
three years over the last Ten
years will be considered.
Must meet
requirement
1-41
Must meet
requirement
Must meet
Twenty five
percent ( 25
%) of the
requirement
Must meet
forty percent
(40%) of the
requirement
Form FIN –3.2
Part1: Section III:
DROBHT/3373564/071/72-134
Factor
2.3
Financial Situation
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.3.3. Financial
Resources
Note: The financial amount
of construction works of
previous years that have been
executed within Nepal shall
be calculated after deducting
the VAT amount. Such
amount will be brought to the
current value using annual
inflation rate (National Urban
Consumer Price Index;
Overall Index) published by
Nepal Rastra Bank.
The Bidder must demonstrate
access to, or availability of,
financial resources such as
liquid assets, unencumbered
real assets, lines of credit,
and other financial means,
other than any contractual
advance payments to meet:
(i) the following cash-flow
requirement:
NRs117,200,000.0
Must meet
requirement
1-42
All partners
Each
At least one
combined
partner
partner
Must meet
requirement
Must meet
Twenty five
percent (25
%) of the
requirement
Must meet
forty percent
(40%) of the
requirement.
Documentation
Required
Form FIN –3.3
Part1: Section III:
DROBHT/3373564/071/72-134
Factor
2.4
Experience
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.4.1 General
Experience
2.4.2 Specific
Experience
Experience under contracts in
the role of contractor,
subcontractor, or management
contractor for at least the last ten
[10] years prior to the
applications submission
deadline.
(a)Participation as contractor,
management contractor, or
subcontractor, in at least two (2)
contracts of road work within
the last ten ( 10) years (From
March, 2005 to end of
February 2015) with a value of
at least NRs234,400,000.00
that have been successfully and
substantially completed.
That have been completed (to
comply with this requirement,
works cited should be at least 80
percent complete).
Must meet
requirement
Must meet
requirement
1-43
Joint Venture, Consortium or
Association
All partners
Each
At least one
combined
partner
partner
N/A
Must meet
requirements
for all
characteristics
Must meet
requirement
N/A
N/A
Must meet
requirement
for one
characteristic
Documentation
Required
Form EXP-4.1
Form EXP 2.4.2(a)
Part1: Section III:
DROBHT/3373564/071/72-134
Factor
2.4
Experience
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.4.2 Specific
Experience
Note: The amount of above said
road works of previous years
that have been executed within
Nepal shall be calculated after
deducting the VAT amount.
Such amount will be brought to
the current value using annual
inflation rate (National Urban
Consumer Price Index; Overall
Index) published by Nepal
Rastra Bank
b) For the above or other
contracts executed during the
period stipulated in 2.4.2(a)
above, a minimum experience in
the following key activity:
a) 2700.00m3 Asphalt
Concrete work
b)2650.00m3 Random rubble
stone masonry work
(From March, 2005 to end of
February 2015)
Must meet
requirement
1-44
Joint Venture, Consortium or
Association
All partners
Each
At least one
combined
partner
partner
Must meet
requirement
Must meet
Twenty
five percent
(25 %) of
the
requirement
Must meet
forty percent
(40%) of the
requirement.
Documentation
Required
2.5
Personnel
The Bidder must demonstrate that it will have the personnel for the key positions that
meet the following requirements:
No.
Position
Nos. Required
Qualification
1
Contract
Manager
1(one)
2
Sub- Engineer
1(one)
Bachelor in
Civil
Engineering
DCE
Total Work
Similar
Experience
(years)
In Similar Works
Experience
(years)
5
3
5
3
The Bidder shall provide details of the proposed personnel and their experience
records in the relevant Forms included in Section IV, Bidding Forms.
2.6
Equipment
The Bidder must demonstrate that it will have access to the key Contractor’s
equipment listed hereafter:
No.
1
2
3
4
5
6
7
8
Equipment Type and Characteristics
Pneumatic Roller; 8T
Steel Roller; 8T
Air Compressor
Bitumen Distributor
Asphalt Plant
Asphalt Paver
Excavator
Loader
Minimum Number required
1
1
1
1
1
1
2
1
The Bidder shall provide further details of proposed items of equipment using the
relevant Form in Section IV.
1-45
Section III(a) - Bill of Quantities
Bill of Quantities……………………………….………………………………………58
Preamble………………………………………………………………………………58
Day works Schedule…………………………………………………………..………60
Bill of Quantities …………………………………………………………………...…62
Table(s) of Adjustment Data………………………...…………………………………..63
1-46
Bill of Quantities
( See attached documents for BOQ)
A. Preamble
1.
The Bill of Quantities shall be read in conjunction with the Instruction to Bidders,
Bidding Data, Conditions of Contract, Particular Conditions of Contract, Special
Specifications, Standard Specifications, and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional and are given
to provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out as measured by the Contractor and verified by
the Project Manager and valued at the rates and prices tendered in the priced Bill of
Quantities, where applicable, and otherwise at such rates and prices as the Project
Manager may fix within the terms of the Contract.
3.
All items are measured and paid for in accordance with the measurement and payment
clauses in the special Specifications and standard specifications. For any item for which
measurement is based on records made before or during construction the records shall be
prepared and agreed between the Engineer and the Contractor. Should the Contractor
carry out such work without the prior agreement of the Engineer, the Engineer may
request the Contractor to carry out investigations to confirm the extent of the work and
the quantity of work certified for payment shall be solely at the Engineer's discretion.
The cost of any such investigation shall be borne by the Contractor.
4.
The rates and prices tendered in the priced Bill of Quantities shall, except insofar as it is
otherwise provided under the Contract, include all constructional plant, labour,
supervision, surveying and setting out, traffic control, materials, erection, maintenance,
testing, commissioning, insurance, profit, taxes and duties, together with all general
risks, liabilities and obligations set out or implied in the Contract. For aggregates and
items containing aggregates, the rate shall include any royalties or payments to
whosoever shall hold the right of extraction of aggregate. The contractor shall fully
comply with duties and responsibilities as required by Environmental Management
Action Plan report for upgrading works. The contractor is required to go through the
copy of EMAP made available at project office to be aware of obligations and
responsibilities of the contractor. The cost adhering and complying with the above
requirements is to be included in respective BOQ items and no separate payment shall be
made on this account.
13 % Value Added Tax (VAT) shall be added at the end of total of Bill of Quantities.
All tipping sites shall be provided by the Contractor but must have prior approval of the
Project Manager.
5.
6.
The rates and prices shall be quoted entirely in Nepalese Rupees or in up to three freely
convertible currencies. If the currency against each item of this BoQ is not mentioned
by the bidder, then it would be deemed to be Nepalese Rupees by Default.
1-47
7.
A rate or price shall be entered for each pay item for which a quantity is given in the
Bill of Quantities. The product of unit rates and quantities shall be written in the
amount column. If no rate or price is so entered it shall be deemed to be Nil and the
cost of doing such work covered by other rates and prices entered in the Bill of
Quantities.
8.
The whole cost of complying with the provisions of the Contract shall be included in
the items provided in the priced Bill of Quantities, and where no items are provided
the cost shall be deemed to be distributed among the rates and prices entered for the
related Items of Work.
9.
General directions and descriptions of work and materials are not necessarily repeated
or summarised in the Bill of Quantities. Where summaries of the work covered by the
items are given in the bill of quantities they are indicative only and the rates entered
shall include for all ancillary work or materials not specifically stated but implicit in
the item of work. References to the relevant sections of the contract documentation
shall be made before entering rates or prices against each item in the Bill of
Quantities. The Standard Specification/Special Provision Section and Clause
references given in each item of the Bills of Quantities are for the convenience of
bidders and generally refer to the principal relevant specification clause but do not
necessarily represent the whole of the specification requirements for the work
required within the item. The presence of a Specification clause reference shall not in
any way reduce the Bidders obligation to complete work in accordance with all the
requirements of the Specifications.
10. Price adjustment N/A
11. Provisional Sums means a sum included in the Contract and so designated in the Bill
of Quantities for the execution of any part of the Works or for the supply of goods,
materials, plant or services, or for contingencies, which sum may be used, in whole or
in part, or not at all, on the instructions of the Project Manager. The Contractor shall
be entitled to only such amounts in respect of work, supply or contingencies to which
such Provisional Sums relate as the Project Manager shall determine in accordance
with this Clause. The Project Manager shall notify the Contractor of any
determination made under this item with a copy to the Employer.
In respect of every Provisional Sum the Project Manager shall have authority to issue
instruction for the execution of work or supply of goods, materials, Plant or services
by the Contractor. Except where work is valued in accordance with rates or prices set
out in the Bid, the Contractor shall be entitled to an amount equal to the value thereof
plus 10% as additional handling charge.
The Contractor shall produce to the Project Manager all quotations, invoices,
vouchers and accounts or receipts in connection with expenditure in respect of
Provisional Sums, except where work is valued in accordance with rates or prices set
out in the BOQ.
12. Any arithmetic errors shall be corrected by the Employer pursuant to Clause 31 of the
Instruction to Bidders.
1-48
13. The Contractor shall establish labor camp(s) at appropriate site location(s) subject to
approval of the Project Manager. The labor quarters shall be adequate with proper
security, light, hygiene, and ventilation. Cooking area shall be separately provided with
supply of potable drinking water. Latrine shall be provided at the camp as per the
requirements.
14. The abbreviation and symbols used in the Bill of Quantities are:
Unit
Abbreviation
Cubic meter
m3
Kilogram
kg
Kilometer
km
Litre
litre
Lump Sum
L.S.
Metric Ton
t
Month
mth
Number
no
Provisional Sum
P.S.
Running Meter
RM
Square Meter
m2
Kilometer-Month
km-mth
Dayworks Schedule
General
1. Work shall not be executed on a daywork basis except by written order of the Engineer.
Bidders shall enter basic rates for daywork items in the Schedules. These rates shall apply
to any quantity of daywork ordered by the Engineer. Nominal quantities have been
indicated against each item of daywork, and the extended total for daywork shall, be
carried forward as a Provisional Sum to the Summary Total Bid Amount. Unless
otherwise adjusted, payments for daywork shall be subject to price adjustment in
accordance with the provisions in the Conditions of Contract.
Daywork Labour
2. In calculating payments due to the Contractor for the execution of dayworks, the hours for
labour will be reckoned from the time of arrival of the labour at the job site to execute the
particular item of daywork to the time of departure from the job site, but excluding meal
breaks and rest periods. Only the time of classes of labour directly doing work ordered by
the Engineer and are competent to perform such work will be measured. The time of
gangers (charge hands) actually doing work with the gangs will also be measured but not
the time of foremen or other supervisory personnel.
3 The Contractor shall be entitled to payment in respect of the total time that labour is
employed on daywork, calculated at the basis rates entered by it in the " SCHEDULE
OF DAYWORK RATES: 8.01 LABOUR". The rates for labour shall be deemed to
1-49
cover all costs to the Contractor including (but not limited to) the amount of wages
paid to such labour, transportation time, overtime, subsistence allowances, and any
sums paid to or on behalf of such labour for social benefits in accordance with Nepali
law, as well as Contractor's profit, overheads, superintendence, liabilities and
insurance and allowance to labour, timekeeping and clerical and office work, the use
of consumable stores water lighting and power; the use and repair of staginess,
scaffolding workshops and stores; portable power tools, manual plant and tools;
supervision by the Contractor's staff, foremen and other supervisory personnel; and
charges incidental to the foregoing. The rates shall be stated in the Nepali rupees.
Daywork Equipment
4. The Contractor shall be entitled to payments in respect of Construction
Plant/Equipment already on site and employed on daywork at the basis rental rates
entered by him in the “SCHEDULE OF DAYWOR RATES: 8.02 EQUIPMENT ”.
The said rates shall be deemed to include due and complete allowance for
depreciation, interest, indemnity and insurance, repairs, maintenance, supplies, fuel,
lubricant, and other consumables and all overhead, profit and administrative costs
related to the use of such equipment. The cost of drivers, operators and assistants also
shall be included in the rate of the equipment and no separate payment shall be made
for it.
5. In calculating the payment due to the Contractor for Constructional Plant employed
on daywork, only the actual number of working hours will be eligible for payment.
6. The basic rental rates for Constructional Plant/Equipment employed on daywork shall
be stated in Nepali rupees and payments to the Contractor will be made in the same
currency.
Daywork Materials
7. The Contractor shall be entitled to payment in respect of materials used for daywork
(except for materials for which the cost is included in the percentage addition to
labour costs as detailed heretofore), at the rates entered by him in the "SCHEDULE
OF DAYWORK RATES: 8.03 MATERIALS" and shall be deemed to include
overhead charges and profit as follows;
(a) the rates for materials shall be calculated on the basis of the invoiced price, freight,
insurance, handling expenses, damage, losses, etc. and shall provide for delivery to
store for stockpiling at the Site. The rates shall be stated in Nepali rupees and payment
will be made in the same currency.
(b) the cost of hauling materials for use on work ordered to be carried out as daywork,
from the store or stockpile on the Site to the place where it is to be used also shall be
included in the same rate.
1-50
Table(s) of Adjustment Data [NOT APPLICABLE]
Table A - Local Currency
Index
Code
Index
Description
Source of
Index
Base Value
and Date
Nonadjustable
—
—
Bidder’s
Local Currency
Amount
—
Total
Bidder’s
Proposed
Weighting
A:
B:
C:
D:
E:
1.00
Table B - Foreign Currency
Name of Currency: _______________
If the Bidder wishes to quote in more than one foreign currency, this table should be repeated
for each foreign currency.
Index
Code
Index
Description
Source of
Index
Base Value
and Date
Nonadjustable
—
—
Bidder’s
Currency in
Type/Amount
—
Total
1-51
Bidder’s
Equivalent in
Proposed
FC1
Weighting
A:
B:
C:
D:
E:
1.00
Schedule of Payment Currencies
For ...........................insert name of Section of the Works
Separate tables may be required if the various sections of the Works (or of the Bill of
Quantities) will have substantially different foreign and local currency requirements. The
Employer should insert the names of each Section of the Works.
A
Name of Payment
Currency
Amount of
Currency
B
Rate of
Exchange
to Local
Currency
C
Local Currency
Equivalent
C=AxB
D
Percentage of
Net Bid Price (NBP)
100xC
NBP
Local currency
1.00
Foreign Currency #1
Foreign Currency #2
Foreign Currency #3
Net Bid Price
Provisional Sums
Expressed in Local
Currency
100.00
1.00
BID PRICE
1-52
Part1: Section IV:
DROBHT/3373564/071/72-134
Bidding Forms
Table of Forms
Letter of Bid............................................................................................................................68
Form of Bid Security (Bank Guarantee)………………………………………….………70
Form of Bid Security (Bid Bond) [NOT APPLICABLE] ................................................71
Form of Bid-Securing Declaration[NOT APPLICABLE] ................................................72
Letter of Intention to Award.................................................................................................73
Joint Venture Agreement ......................................................................................................74
Technical Proposal Forms..................................................................................................75
Forms for Personnel ...........................................................................................................77
Forms for Equipment .........................................................................................................78
Bidder’s Qualification ...........................................................................................................79
Bidder Information Sheet ...................................................................................................80
Party to JV Information Sheet............................................................................................81
Historical Contract Non-Performance ...............................................................................82
Current Contract Commitments / Works in Progress ........................................................83
Financial Situation .............................................................................................................84
Form FIN – 3.1 ..................................................................................................................84
Average Annual Turnover .................................................................................................86
Financial Resources ...........................................................................................................87
General Experience ............................................................................................................88
Specific Experience ...........................................................................................................89
Specific Experience in Key Activities ...............................................................................91
Form ELI 1.1: Bidder Information Sheet ...........................................................................93
Form EXP – 4.1: General Experience..............................................................................103
1-53
Part1: Section IV:
DROBHT/3373564/071/72-134
Bidding Forms
Letter of Bid
The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing
the Bidder’s complete name and address.
Note: All italicized text is for use in preparing these form and shall be deleted from the
final products.
Date: _______________
Bidding No.: _______________
Invitation for Bid No.: _______________
To:
We, the undersigned, declare that:
(a)
We have examined and have no reservations to the Bidding Documents, including
Addenda issued in accordance with Instructions to Bidders (ITB) Clause 8;
(b)
We offer to execute in conformity with the Bidding Documents the following
Works:
__________________________________________________________________
__;
(c)
The total price of our Bid, excluding any discounts offered in item (d) below is:
___________________________;
(d)
The discounts offered and the methodology for their application are:
_____________;
(e)
Our bid shall be valid for a period of ________ [insert validity period as specified
in ITB 18.1.] days from the date fixed for the bid submission deadline in
accordance with the Bidding Documents, and it shall remain binding upon us and
may be accepted at any time before the expiration of that period;
(f)
We offer a discount of ……….% in unit rates for both the contracts if we are
awarded contracts NA
(g)
If our bid is accepted, we commit to obtain a performance security in accordance
with the Bidding Document;
(h)
Our firm, including any subcontractors or suppliers for any part of the Contract,
have nationalities from eligible countries;
(i)
We, including any subcontractors or suppliers for any part of the contract, do not
have any conflict of interest in accordance with ITB 4.3;
1-54
Part1: Section IV:
DROBHT/3373564/071/72-134
Bidding Forms
(j)
We are not participating, as a Bidder or as a subcontractor, in more than one bid in
this bidding process in accordance with ITB 4.3, other than alternative offers
submitted in accordance with ITB 13;
(k)
Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers
for any part of the contract, has not been declared ineligible by the Bank, under
the Employer’s country laws or official regulations or by an act of compliance
with a decision of the United Nations Security Council;
(l)
We are not a government owned entity / We are a government owned entity but
meet the requirements of ITB 4.5;6
(m)
We have paid, or will pay the following commissions, gratuities, or fees with
respect to the bidding process or execution of the Contract: 7
Name of
Recipient
Address
Reason
Amount
(n)
We understand that this bid, together with your written acceptance thereof
included in your notification of award, shall constitute a binding contract between
us, until a formal contract is prepared and executed;
(o)
We understand that you are not bound to accept the lowest evaluated bid or any
other bid that you may receive; and
(p)
If awarded the contract, the person named below shall act as Contractor’s
Representative:
________________________________________________________
Name:
In the capacity of:
Signed:
Duly authorized to
sign the Bid for
and on behalf of:
Date:
6
7
Use one of the two options as appropriate.
If none has been paid or is to be paid, indicate “none”.
1-55
Part1: Section IV:
DROBHT/3373564/071/72-134
Bidding Forms
Form of Bid Security (Bank Guarantee)
__________________________ [Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: __________________________ [Name and Address of Employer]
Date: __________________________
BID GUARANTEE No.: __________________________
We have been informed that __________________________ [name of the Bidder]
(hereinafter called "the Bidder") has submitted to you its bid dated ___________ (hereinafter
called "the Bid") for the execution of ________________ [name of contract] under Invitation
for Bids No. ___________ (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a
bid guarantee.
At the request of the Bidder, we ____________________ [name of Bank] hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of ___________
[amount in figures] (____________) [amount in words] upon receipt by us of your first
demand in writing accompanied by a written statement stating that the Bidder is in breach of
its obligation(s) under the bid conditions, because the Bidder:
(a)
has withdrawn its Bid during the period of bid validity specified by the
Bidder in the Form of Bid; or
(b)
having been notified of the acceptance of its Bid by the Employer during
the period of bid validity, (i) fails or refuses to execute the Contract
Form, if required, or (ii) fails or refuses to furnish the performance
security, in accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you upon
the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the
earlier of (i) our receipt of a copy your notification to the Bidder of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of the Bidder’s bid.
This Bank Guarantee shall not be withdrawn or released merely upon return of the
original Guarantee by the bidder unless notified by you for the release of the
Guarantee.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458____________________________
[signature(s)]
1-56
Part1: Section IV:
DROBHT/3373564/071/72-134
Bidding Forms
Form of Bid Security (Bid Bond) [NOT APPLICABLE]
BOND NO. ______________________
BY THIS BOND [name of Bidder] as Principal (hereinafter called “the Principal”), and
[name, legal title, and address of surety], authorized to transact business in [name of
country of Employer], as Surety (hereinafter called “the Surety”), are held and firmly bound
unto [name of Employer] as Obligee (hereinafter called “the Employer”) in the sum of
[amount of Bond]8 [amount in words], for the payment of which sum, well and truly to be
made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS the Principal has submitted a written Bid to the Employer dated the ___ day of
______, 20__, for the construction of [name of Contract] (hereinafter called the “Bid”).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the
Principal:
(a)
withdraws its Bid during the period of bid validity specified in the Form of Bid;
or
(b)
having been notified of the acceptance of its Bid by the Employer during the
period of Bid validity; (i) fails or refuses to execute the Contract Form, if
required; or (ii) fails or refuses to furnish the Performance Security in
accordance with the Instructions to Bidders;
then the Surety undertakes to immediately pay to the Employer up to the above amount upon
receipt of the Employer’s first written demand, without the Employer having to substantiate
its demand, provided that in its demand the Employer shall state that the demand arises from
the occurrence of any of the above events, specifying which event(s) has occurred.
The Surety hereby agrees that its obligation will remain in full force and effect up to and
including the date 28 days after the date of expiration of the Bid validity as stated in the
Invitation to Bid or extended by the Employer at any time prior to this date, notice of which
extension(s) to the Surety being hereby waived.
IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be
executed in their respective names this ____ day of ____________ 20__.
Principal: _______________________
Surety: _____________________________
Corporate Seal (where appropriate)
_______________________________
(Signature)
____________________________________
(Signature)
(Printed name and title)
(Printed name and title)
8
The amount of the Bond shall be denominated in the currency of the Employer’s country or the equivalent
amount in a freely convertible currency.
1-57
Part1: Section IV:
DROBHT/3373564/071/72-134
Bidding Forms
Form of Bid-Securing Declaration [NOT APPLICABLE]
Date: [insert date (as day, month and year)]
Bid No.: [insert number of bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Employer]
We, the undersigned, declare that:
We understand that, according to your conditions, bids must be supported by a Bid-Securing
Declaration.
We accept that we will automatically be suspended from being eligible for bidding in any
contract with the Borrower for the period of time of [insert number of months or years]
starting on [insert date], if we are in breach of our obligation(s) under the bid conditions,
because we:
(a)
have withdrawn our Bid during the period of bid validity specified in the Letter of Bid;
or
(b)
having been notified of the acceptance of our Bid by the Employer during the period of
bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to
furnish the Performance Security, in accordance with the ITB.
We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder,
upon the earlier of (i) our receipt of your notification to us of the name of the successful
Bidder; or (ii) twenty-eight days after the expiration of our Bid.
Signed: [insert signature of person whose name and capacity are shown]
In the capacity of [insert legal capacity of person signing the Bid-Securing Declaration]
Name: [insert complete name of person signing the Bid-Securing Declaration]
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
Corporate Seal (where appropriate)
[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all
partners to the Joint Venture that submits the bid.]
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Bidding Forms
Letter of Intention to Award
Date:
To: [name and address of the Contractor]
This is to notify you in accordance with the Instruction to Bidders that it is our intention to
award the contract [name of the Contract and identification number, as given in the Contract
Data] to you as your Bid price of [amount in numbers and words in Nepalese Rupees], as
corrected and modified in accordance with the Instructions to Bidders, is determined to be
substantially responsive and lowest evaluated Bid price.
Authorized Signature:__________________________________________________
Name and Title of Signatory:_____________________________________________
Name of Agency:______________________________________________________
Note: The copy of the letter of Intention to Award shall be given to all bidders.
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Joint Venture Agreement
This AGREEMENT, is made on the --------day of -----20-----, among ---------[name and address]
(hereinafter called “the Partner 1”), ………………[name and address] (hereinafter called “the
Partner 2”) and ---------------------[name and address ] (hereinafter called “the Partner 3”).
WHEREAS, -----------------------------[name and address of Employer] (hereinafter called “the
Employer”) has invited the bid for the -------------------- [name and identification number of
contract] (hereinafter called the Works).
NOW WE UNDERSIGNED, responsible and authorized representatives of the “Joint Venture
Partners” namely Partner 1, 2 and 3 DO AGREE as follows:
1.
The purpose of the Joint Venture Agreement is to supplement and enhance the technical,
financial and administrative capability of the joint venture partners in order to successfully
participate in the bidding process and to enter into contract agreement and execution of the
Works, in case of the Contract is awarded.
2.
The application for bid shall be submitted in the name of joint venture, which shall be as
follows:
------------------------- [name and address of joint venture]
All correspondence documents shall be addressed in this name.
3.
The ratio of participation of each individual joint venturing partners expressed, as percentage
of total contract value shall be as follows:
(a)
Partner 1
-----------[percentage] of total Works
(b)
Partner 2
(c)
Partner 3
Nevertheless, all partners shall be liable jointly and severally for the execution of the Works
under the Contract.
4.
………………..is nominated as the representative as per clause 20.2 who shall have the
exclusive authority to deal with the Employer and incur liabilities and receive instruction for
and on behalf of any and all partners, including receive payments and incur expenses, and
shall be overall responsible for the entire execution of the Contract.
5.
This agreement will come into force from the date of signing of this agreement and shall be
enforced till the date of issuance of the Defect Liability Certificate, in case the Contract is
awarded to the joint venture.
IN WITNESS whereof, the parties thereto have caused this Agreement to be executed the day and
year first before written.
The Common Seal of --------------------------------------------------------------was hereunto affixed in the
presence of: -----------------------------------------------------Signed, Sealed, and delivered by the said -----------------------------in the presence of: --------------------……………………………………
Binding Signature of Partner 1
Name:
Designation:
……………………………………
Name:
Designation:
……………………………………
Name:
Designation:
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Bidding Forms
Technical Proposal
Technical Proposal Forms
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others
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Bidding Forms
Forms for Personnel
Form PER – 1: Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified
requirements for each of the positions listed in Section III (Evaluation and Qualification
Criteria). The data on their experience should be supplied using the Form below for each
candidate.
1.
Title of position: Contract Manager
Name
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Bidding Forms
Form PER – 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Fields with asterix (*) shall be
used for evaluation.
Position*
Personnel
information
Name *
Date of birth
Professional qualifications
Name of Employer
Present
employment
Address of Employer
Telephone
Fax
Contact (manager / personnel
officer)
E-mail
Job title
Years with present Employer
Summarize professional experience in reverse chronological order. Indicate particular technical
and managerial experience relevant to the project.
From*
To*
Company, Project , Position, and Relevant Technical and Management
Experience*
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Bidding Forms
Forms for Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability
to meet the requirements for the key equipment listed in Section III (Evaluation and
Qualification Criteria). A separate Form shall be prepared for each item of equipment listed, or
for alternative equipment proposed by the Bidder. The Bidder shall provide all the information
requested below, to the extent possible. Fields with asterisk (*) shall be used for evaluation.
Type of Equipment*
Equipment Name of manufacturer
Information
Model and power rating
Capacity*
Current
Status
Year of manufacture*
Current location
Details of current commitments
Source
Indicate source of the equipment
Owned
Rented
Leased
Specially manufactured
The following information shall be provided only for equipment not owned by the Bidder.
Owner
Name of owner
Address of owner
Telephone
Contact name and title
Fax
Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
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Bidding Forms
Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information requested in
the corresponding Information Sheets included hereunder
Refer also Bidder's Qualification
Information for
E-submission of bid
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Bidding Forms
Form ELI 1.1
Bidder Information Sheet
Date: ______________________
Bidding No.: ________________
Invitation for Bid No.: ________
Page ________ of _______ pages
1. Bidder’s Legal Name
2. In case of JV, legal name of each party:
3. Bidder’s actual or intended Country of Registration:
4. Bidder’s Year of Registration:
5. Bidder’s Legal Address in Country of Registration:
6. Bidder’s Authorized Representative Information
Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
Articles of Incorporation or Registration of firm named in 1, above, in accordance with
ITB Sub-Clauses 4.1 and 4.2.
In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in
accordance with ITB Sub-Clauses 4.1
In case of government owned entity from the Employer’s country, documents establishing
legal and financial autonomy and compliance with the principles of commercial law, in
accordance with ITB Sub-Clause 4.5.
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Bidding Forms
Form ELI 1.2
Party to JV Information Sheet
Date: ______________________
Bidding No.: ___________________
Invitation for Bid No.:_________
Page ________ of_ ______ pages
1. Bidder’s Legal Name:
2. JV’s Party legal name:
3. JV’s Party Country of Registration:
4. JV’s Party Year of Registration:
5. JV’s Party Legal Address in Country of Registration:
6. JV’s Party Authorized Representative Information
Name:
Address:
Email Address:
7. Attached are copies of original documents of:
Articles of Incorporation or Registration of firm named in 1, above, in accordance
with ITB Sub-Clauses 4.1 and 4.2.
In case of government owned entity from the Purchaser’s country, documents
establishing legal and financial autonomy and compliance with the principles of
commercial law, in accordance with ITB Sub-Clause 4.5.
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Bidding Forms
Form CON – 2
Historical Contract Non-Performance
Bidder’s Legal Name: _______________________
JV Partner Legal Name: _______________________
Date: _____________________
___________________
Bidding No.: __________________
Page _______ of _______ pages
Non-Performing Contracts in accordance with (Evaluation and Qualification Criteria)
Contract non-performance did not occur during the stipulated period, in accordance with
Sub-Factor 2.2.1 of Section III (Evaluation and Qualification Criteria)
Contract non-performance during the stipulated period, in accordance with Sub-Factor
2.2.1 of Section III(Evaluation and Qualification Criteria).
Year
______
Outcome as
Percent of
Total Assets
______
Contract Identification
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Total Contract
Amount (current
value, US$
equivalent)
___________
Pending Litigation, in accordance with Section III (Evaluation and Qualification Criteria)
No pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and
Qualification Criteria)
Pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and
Qualification Criteria), as indicated below
Total Contract
Year
Outcome as
Amount
(current
Percent of
value, US$
Total Assets
equivalent)
______
______
______
______
Name of Employer:
Matter in dispute:
Name of Employer:
Matter in dispute:
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___________
___________
Part1: Section IV:
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Bidding Forms
Form CCC
Current Contract Commitments / Works in Progress
Bidders and each partner to a JV should provide information on their current commitments on
all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
Name of contract
Employer,
contact
address/tel/fax
Value of
Estimated
outstanding work completion date
(current US$
equivalent)
1.
2.
3.
4.
5.
etc.
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Average monthly
invoicing over
last six months
(US$/month)
Part1: Section IV:
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Bidding Forms
Financial Situation
Form FIN – 3.1
Historical Financial Performance
Date: _____________________
Bidding No.: __________________
Page _______ of _______ pages
To be completed by the Bidder and, if JV, by each partner
Financial
Historic information for previous ______ (__) years
information in (US$ equivalent in 000s)
US$
equivalent
Year 1
Year 2 Year 3 Year …
Year n
Information from Balance Sheet
Total Assets
(TA)
Total
Liabilities
(TL)
Net Worth
(NW)
Current
Assets (CA)
Current
Liabilities
(CL)
Information from Income Statement
Total
Revenue (TR)
Profits Before
Taxes (PBT)
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Avg.
Avg.
Ratio
Part1: Section IV:
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Bidding Forms
Attached are copies of financial statements (balance sheets, including all related notes,
and income statements) for the years required above complying with the following
conditions:
•
Must reflect the financial situation of the Bidder or partner to a JV, and not sister or
parent companies
•
Historic financial statements must be audited by a certified accountant
•
Historic financial statements must be complete, including all notes to the financial
statements
•
Historic financial statements must correspond to accounting periods already
completed and audited (no statements for partial periods shall be requested or
accepted)
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Bidding Forms
Form FIN – 3.2
Average Annual Turnover
Bidder’s Legal Name: ___________________________ Date: _____________________
JV Partner Legal Name: ____________________________ Bidding No.: ______________
Page _______ of _______ pages
Year
Annual turnover data (construction only)
Amount and Currency
US$ equivalent
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
*Average
Annual
Construction
Turnover
_________________________________________ ____________________
*Average annual turnover calculated as total certified payments received for work in progress
or completed over the number of years specified in Section III (Evaluation and Qualification
Criteria), Sub-Factor 2.3.2, divided by that same number of years.
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Bidding Forms
Form FIN3.3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as indicated in Section III
(Evaluation and Qualification Criteria)
Source of financing
Amount (US$ equivalent)
1.
2.
3.
4.
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Bidding Forms
Experience
Form EXP – 4.1
General Experience
Bidder’s Legal Name: ____________________________ Date: _____________________
JV Partner Legal Name: ____________________________ Bidding No.: ________________
Page _______ of _______ pages
Starting
Month /
Year
Ending
Month /
Year
______
______
______
______
______
______
______
______
______
______
______
______
Years*
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Role of
Bidder
_________
_________
_________
_________
_________
_________
*List calendar year for years with contracts with at least nine (9) months activity per year starting with the
earliest year
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Bidding Forms
Form EXP – 2.4.2(a)
Specific Experience
JV Partner Legal Name: _________________________ Bidding No.: __________________
Page _______ of _______ pages
Similar Contract Number: ___ [insert
specific number] of ___[insert total
number of contracts required.
Information
_______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract
Contractor
Total contract amount
Management
Contractor
Subcontractor
__________________________ US$_______
__
___
If partner in a JV or subcontractor,
specify participation of total contract
amount
__________% _____________
Employer’s Name:
_______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Telephone/fax number:
E-mail:
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US$_______
Part1: Section IV:
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Bidding Forms
Form EXP – 2.4.2(a) (cont.)
Specific Experience (cont.)
Bidder’s Legal Name: ___________________________
JV Partner Legal Name: ___________________________
Similar Contract No. __[insert specific
number] of ___[insert total number of
contracts] required
Description of the similarity in
accordance with Sub-Factor 2.4.2a) of
Section III (Evaluation and Qualification
Criteria):
Page _______ of _______ pages
Information
Amount
_________________________________
Physical size
Not Applicable
Complexity
Not Applicable
Methods/Technology
Not Applicable
Physical Production Rate
Not Applicable
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Bidding Forms
Form EXP – 2.4.2(b)
Specific Experience in Key Activities
JV Partner Legal Name: _________________________ Bidding No.: __________________
Subcontractor’s Legal Name: ______________
Page _______ of _______ pages
Information
_______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract
Contractor
Management
Contractor
Subcontractor
Total contract amount
_________________________
US$________
If partner in a JV or subcontractor,
specify participation of total contract
amount
__________% _____________ US$________
Employer’s Name:
_______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Telephone/fax number:
E-mail:
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Bidding Forms
Form EXP – 2.4.2 (b)(cont.)
Specific Experience in Key Activities (cont.)
Bidder’s Legal Name: ___________________________
Page _______ of _______ pages
JV Partner Legal Name: ___________________________
Subcontractor’s Legal Name: __________________________
Information
Description of the key activities in
accordance with Sub-Factor 2.4.2b
(Bituminous Works) of Section III
(Evaluation and Qualification Criteria):
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Bidding Forms
Bidder's Qualification Information for E-submission of
bid
[For e-submission, the Bidder shall upload the Qualification Information mentioned below as
specified in ITB Clause 21.1 (b) (iii) - 8. The Bidder shall submit documents/clarifications as
specified in ITB Clause 27.]
Form FIN – 3.2: Annual amounts of construction works performed during the last 5
years
Firm's Name:………………………………………..
S.No.
Year
Annual Volume of Works in NRs or in foreign
currency excluding VAT
1
2
3
4
5
Note: In case of Joint Venture, the bidder shall provide the information for each firm.
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Bidding Forms
Form EXP – 2.4.2: Number of works of a nature and amount similar to the Works performed
over the last 5 years. [The amounts should be indicated in the same currency used for the
table above. Also list details of work under way or committed, including expected
completion date(s).]
Firm's Name:……………………………………………..
Project name
Name of
Type of work performed
and country
client and
(Bituminous works in sq
contact
m) and year of completion
person
Value of contract
(NRs or in foreign currency)
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Bidding Forms
Equipment:
Major items of Contractor’s Equipment proposed for carrying out the Works. [List all
information requested below. [Refer also to Section III (Evaluation and Qualification
Criteria)]
Item of
Description,
Condition (new, good, poor)
Owned, leased (from whom?),
make, model,
and number available
or to be purchased (from
equipment
capacity and
whom?)
age (years)
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Bidding Forms
Personnel:
Qualifications and experience of key personnel proposed for administration and execution of
the Contract. [Refer also to Section III (Evaluation and Qualification Criteria) and GCC
Sub-Clause 9.1]
Position
Name
Qualification
Years of
experience
(general)
Years of
experience in
proposed position
(a) Contract
Manager
(b) Alternate
Contract
Manager
(c) Deputy
Contract
Manager
(d) Alternate
Deputy
Contract
Manager
Sub-contracting:
Proposed subcontracts and firms involved. Refer to GCC Clause 7.
Sections of
the Works
Value of
subcontract
Subcontractor
(name and address)
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Experience in similar work
Part1: Section IV:
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Bidding Forms
Form FIN 3.3: Evidence of access to financial resources to meet the qualification
requirements: cash in hand, lines of credit, etc.
Firm's Name:………………………………………………….
Source
Currency
Amount
Name, address, and telephone, telex, and
facsimile numbers of source (banks) that may
provide references if contacted by the Employer
Form CON -2: Information on current litigation(s) in which the Bidder is involved:
Firm's Name:…………………………………………………………
Other party(ies)
Cause of dispute
Amount involved
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Part1: Section IV:
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Bidding Forms
Form ELI 1.1: Bidder Information Sheet
Date: ______________________
Bidding No.: ________________
Invitation for Bid No.: ________
Page ________ of _______ pages
1. Bidder’s Legal Name
2. In case of JV, legal name of each party:
3. Bidder’s actual or intended Country of Registration:
4. Bidder’s Year of Registration:
5. Bidder’s Legal Address in Country of Registration:
6. Bidder’s Authorized Representative Information
Name:
Address:
Email Address:
7. Declaration that in case of government owned entity from the Employer’s country, the form has
the legal and financial autonomy and compliance with the principles of commercial law, in
accordance with ITB Sub-Clause 4.5 to participate.
Form ELI 1.2: Party to JV Information Sheet
Date: ______________________
Bidding No.: ___________________
Invitation for Bid No.:_________
1. Bidder’s Legal Name:
2. JV’s Party legal name:
3. JV’s Party Country of Registration:
4. JV’s Party Year of Registration:
5. JV’s Party Legal Address in Country of Registration:
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Bidding Forms
6. JV’s Party Authorized Representative Information
Name:
Address:
Email Address:
7. Declaration that in case of government owned entity from the Employer’s country, the form has
the legal and financial autonomy and compliance with the principles of commercial law, in
accordance with ITB Sub-Clause 4.5 to participate.
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Bidding Forms
Form CON – 2: Historical Contract Non-Performance
_____________________
JV Partner Legal Name: ______________________
Date:
Bdding No.:
Page ___of pages
Non-Performing Contracts in accordance with (Evaluation and Qualification Criteria)
Contract non-performance did not occur during the stipulated period, in accordance with SubFactor 2.2.1 of Section III (Evaluation and Qualification Criteria)
Contract non-performance during the stipulated period, in accordance with Sub-Factor 2.2.1 of
Section III (Evaluation and Qualification Criteria).
Year
______
Outcome as
Percent of
Total Assets
______
Name of Employer:
Matter in dispute:
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Total Contract Amount
(current value, US$
equivalent)
___________
Part1: Section IV:
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Bidding Forms
Form CCC: Current Contract Commitments / Works in Progress
Name of contract
Employer, contact
address/tel/fax
Value of
outstanding
work (current
US$
equivalent)
Estimated
completion date
Average monthly
invoicing over last six
months
(US$/month)
1.
2.
3.
4.
5.
etc.
Note: Bidders and each partner to a JV should provide information on their current
commitments on all contracts that have been awarded, or for which a letter of intent or
acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued.
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Part1: Section IV:
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Bidding Forms
Form FIN – 3.1: Historical Financial Performances
Financial information in
US$ equivalent
Date: _______
Bidding No.: _
Page __ of __pages
Historic information for previous ______ (__) years
(US$ equivalent in 000s)
Year 1 Year 2 Year 3 Year 4
Year 5
Avg.
Information from Balance Sheet
Total Assets (TA)
Total Liabilities (TL)
Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes
(PBT)
To be completed by the Bidder and, if JV, by each partner
1-88
Avg.
Ratio
Part1: Section IV:
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Bidding Forms
Form EXP – 4.1: General Experience
Bidder’s Legal Name: ____________________________ Date: _____________________
JV Partner Legal Name: ____________________________ Bidding No.: ________________
Page _______ of _______ pages
Starting
Ending
Role of Bidder
Month /
Month /
Year
Year
Years*
______
______
______
______
______
______
______
______
Contract name:
Brief Description of the Works performed by the Bidder:
Name of Employer:
Address:
Contract name:
Name of Employer:
Address:
Contract name:
Name of Employer:
Address:
Contract name:
Name of Employer:
Address:
[Use additional Sheets as necessary]
1-89
_________
_________
_________
_________
Part1: Section V:
DROBHT/3373564/071/72-134
Eligibility for the Provision of Goods, Works and Services in Bank-Financed
Procurement
1. In accordance with Para 1.8 of the Guidelines: Procurement under IBRD Loans and IDA
Credits, dated May 2004, the Bank permits firms and individuals from all countries to offer
goods, works and services for Bank-financed projects. As an exception, firms of a Country or
goods manufactured in a Country may be excluded if:
Para 1.8 (a) (i): as a matter of law or official regulation, the Borrower’s Country
prohibits commercial relations with that Country, provided that the Bank is satisfied
that such exclusion does not preclude effective competition for the supply of the
Goods or Works required, or
Para 1.8 (a) (ii): by an Act of Compliance with a Decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United Nations, the
Borrower’s Country prohibits any import of goods from that Country or any payments
to persons or entities in that Country.
2. For the information of borrowers and bidders, at the present time firms, goods and services
from the following countries are excluded from this bidding:
(a)
With reference to paragraph 1.8 (a) (i) of the Guidelines:
[insert list of countries prohibited under official regulations of the country]
(b)
With reference to paragraph 1.8 (a) (ii) of the Guidelines:
[insert list of countries which are barred under UN Security Council Chapter
VII]
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Part 2:
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PART 2 – Employer’s Requirements
2-1
Part 2: Section VI:
DROBHT/3373564/071/72-134
Section VI – Employer’s Requirements
Section VI(a): Standard Specifications ……………………………………………..…3
Section VI(b): Special Provisions to Standard Specifications……………...…………4
Appendices to Special Provisions...................................................................................51
Appendix 1: List of Standards …………………………………………52
Appendix 2: Project Signboard……………………………;………….53
Drawings …………………………………..………………………………………....…54
2-2
Part 2: Section VI(a):
DROBHT/3373564/071/72-134
Standard Specifications
SECTION VI(a): STANDARD SPECIFICATIONS
Standard specifications for this contract shall be the “Standard Specifications for Road and
Bridge Works” issued under the authority of Government of Nepal, Ministry of Physical
Planning and Works, Department of Roads ( ASAD, 2058 / July, 2001)
2-3
Part 2: Section VI(b):
DROBHT/3373564/071/72-134
Special Provisions to the Standard Specifications
SECTION VI(b): SPECIAL PROVISIONS TO THE STANDARD SPECIFICATIONS
The Standard Specifications for Road and Bridge Works issued by Government of Nepal,
Ministry of Physical Planning and Works, Department of Roads together with these Special
Provisions to the Standard Specifications for Road and Bridge Works shall be used to specify
the construction of the Works.
The Special Provisions contained herein shall be read in conjunction with the Standard
Specifications and shall supplement, replace or supersede the Standard Specifications to the
extent as appropriate. Where there is any ambiguity or discrepancy between the Standard
Specifications and the Special Provisions, the Special Provisions shall have preference and
shall govern.
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SECTION 100 : GENERAL
102
Accommodation of Traffic
(3) Temporary Diversions
Delete the content of the sub clause 102 (3) (j) Removal of Diversions and add the following:
(j) When traffic is routed permanently onto the new road following the completion of
construction, the diversions which are no longer required shall be removed and the ground
reinstated to its original condition. This work shall include the establishment and
maintenance for at least one year of suitable replacement vegetation to ensure full
rehabilitation and protection of the disturbed area.
(4) Accommodation of Traffic Where Road is Constructed in Half Widths
Delete the second sentence of the first paragraph of Section (4) Accommodation of Traffic
where Road is Constructed in Half Widths and add the following:
The maximum length of one-way working shall be 500 metres. This length may be further
reduced if visibility is reduced at bends. All sections of half width working shall be controlled
by traffic lights, stop/go boards or flagmen throughout the period of half width working.
Delete the fourth paragraph and add the following:
The Contractor shall provide and maintain for the period of construction, traffic control and
safety devices including Traffic Signs, Barricade Boards, Traffic Cones, Lighting Devices
etc., at all locations where work is in progress in accordance with “Safety at Road Works: A
Code of Practice for Signing at Road Works” from the Department of Roads Traffic Signs
Manual.
Material and equipment temporarily stored on, or adjacent to, the existing roadway shall be
so placed, and the work at all times, shall be so conducted as to cause minimum disruption to
the travelling public. Warning signs and barriers will be required to separate the Contractor’s
material and equipment from the public.
The Contractor will not be permitted to have excavations open on both sides of the road at a
particular chainage such that there is a step adjacent to public traffic which may create a
danger to traffic i.e. the excavation and backfilling with sub-base or base shall be flush with
the existing road level on one side before excavation can proceed on the other side of the
road.
During construction for operations which require one way traffic the Contractor shall be
responsible for the removal of broken down vehicles including vehicles damaged in accidents
and shall maintain one way uninterrupted traffic flow at all times (except at those times as
agreed with the Engineer where it is necessary to temporarily close the road).
The Contractor shall programme his work so as to reduce as far as is practicable, disruption
to all road users during construction of the Works and maintain traffic control measures for
the safety of traffic at all times. To assist with compliance of this requirement the Contractor
will be restricted in use of single lane traffic working as described below.
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Within any 5 kilometre section of the Site the length of road available to the Contractor for
major pavement construction at any one time involving single lane traffic control shall be
restricted to 2 separate sections of 500 metre length each provided that the sections are
separated by a minimum of 2 km of unobstructed road with two lane traffic working.
The Contractor shall not be permitted to work outside these 500 metre lengths (except on a
separate 5 km. section) unless otherwise agreed by the Engineer until the full width of the
road is again open to traffic.
The Contractor shall provide with his time/location programme and detailed construction
schedule, a list of proposed 500 metre lengths with chainage location showing where he
intends to commence his pavement construction. The Engineer shall approve these locations
without undue delay subject to compliance with this Clause and the Contractor will then be
given access to these sections. Subsequent sections shall be requested and the Engineer shall
approve them in accordance with the above procedure.
Other work such as extension to culverts or work which may be carried out without
disruption to traffic, either vehicular or pedestrian, may be undertaken in a properly
programmed manner outside these limits with prior approval from the Engineer.
The Contractor shall ensure that sufficient labour, equipment and material are available in
approved stockpiles for the completion of any 500 m half width section under construction.
Before any subsequent 500 metre section is made available to the Contractor, the Contractor
shall demonstrate that he has sufficient labour, equipment and material available in approved
stockpiles to progress the Works. If in the opinion of the Engineer, this is not demonstrated
the Contractor shall not be permitted to start work on the subsequent section.
The Contractor may propose alternative working procedures which will be subject to the
Engineer’s approval before implementation.
Except as is allowed for in the above no traffic other than construction traffic shall be allowed
on any earthwork or pavement layer until a surfacing has been applied either as a sanded
prime or single surface treatment. The approval of the Engineer shall be required before
traffic is allowed to pass over newly constructed road. Any defects caused by traffic passing
over the construction layers shall be remedied in accordance with these Specifications.
The Contractor shall be fully responsible for traffic control.
103
Publicly and Privately Owned Services
Delete the whole contents of Sub clause (7) and add the following:
The Contractor shall ascertain the location of all access paths, watercourses, irrigation
channels, sewers, drains, water pipes, electricity and telecommunication cables and other
services and structures which may be encountered during the execution of the works. He shall
temporarily support or divert and subsequently reinstate all such services and structures as
necessary and to the satisfaction or the Engineer. As soon as any such service or structure is
encountered on, over, under, in or through the Site during the performance of the Contract,
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the contractor shall make a record of the location and description of such service or structure
and shall send the same forthwith to the Engineer.
Where permanent diversion or support of such service or structure is rendered necessary as an
unavoidable result of the execution and maintenance of the Works in accordance with the
Contract, the Engineer after consultation with the Employer will instruct the Contractor as to
the diversion or support to be provided. All operations necessary for the execution of the
Works shall be carried out so as not to interfere unnecessarily or improperly with the
convenience of the public, or the access to, use and occupation of public or private roads and
footpaths or of properties whether in the possession of the Government or any other person.
Add new sub clause (8):
(8) No separate measurement and payment shall be made for the work of temporarily
supporting, protecting, diverting and subsequently reinstating the publicly and privately
owned services. But measurement and payment shall be made for the construction of
permanent new structures/services in lieu of existing structures/services and removal or
shifting of services/utilities after getting approval from the Engineer.
104
Survey and Setting Out
Add the following to Sub-Clause (6):
“If at any time the contractor believes that there exists a discrepancy between the location of
the works as defined by the setting out and the apparent location of the works as shown in the
plans or required by the site conditions he shall immediately inform the Engineer and request
clarification.”
106
Diversion Bridges
In the first line of sub-clause (1) delete the words “as required by the contract” and add:
“wherever required by the execution of the Works to maintain traffic”
Delete the second and third sentences of sub-clause 3.
Delete the wording of sub-clause (4) in its entirety and add the following:
“No separate measurement and/or payment shall be made for the work required under this
clause. All costs in connection with the work specified herein shall be considered included in
the related items of work provided in the Bills of Quantities.”
107
Maintenance of the Road
108
Notice Board
Delete the first sentence and add the following:
The Contractor shall erect where directed by the Engineer signboards in accordance with the
Appendices: Project Signboard.
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Add the following:
Project signboards shall be satisfactorily provided, installed, maintained throughout the
Contract period and subsequently removed.
No separate payment shall be made for compliance with the requirements of this clause. The
payment shall be deemed to be included in the Contractor’s tendered rates of other items.
109
Environmental Protection Works
Delete the second paragraph and add the following:
The Contractor shall take all precautions for safeguarding the environment during the course
of construction of the works. He shall abide by all prevailing laws, rules and regulations
governing pollution and environmental protection. In particular, the Contractor shall fully
comply with the environmental protection mitigation measures specified in the latest version
of the project’s specific Initial Environmental Examination or Environmental Management
Action Plan, as provided by the Engineer. If any activity of the Contractor may cause damage
to the environment in ways not envisaged under project-specific documents, then he shall
comply with the measures specified in the latest publication of “Environmental Management
Guidelines” published by the Department of Roads.
Delete the third paragraph and the following:
The Contractor shall prohibit employees from any use of explosives, poaching of wildlife and
cutting of trees or branches. The Contractor shall be responsible for the action of his
employees.
Borrow/Quarry Sites
Before first paragraph add the following:
The contractor shall obtain approval from the Engineer of all material sources before
extraction. All sources of materials used under the Contract shall require such approval
regardless of whether the material is obtained directly by the Contractor or supplied indirectly
by others. The Contractor is not allowed to use the right of way for the borrow pit.
In the first set of bullet points, delete the words “they may be environmentally unsuitable” in
point (iii) and add the following:
“they may lead to general environmental or instability problems or may be environmentally
unsuitable in any other way”
At the end of sub-clause (1) add the following:
The Contractor shall not deposit excavated material on land in Government or private
ownership except where approved by the Engineer in writing or by leave in writing of the
authority responsible for such land in Government ownership or of the owner or responsible
representative of the owner of such land in private ownership and only then in those places
and under such conditions as the authority, owner or responsible representative may
prescribe.
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Any quarry operated as part of this Contract shall be maintained and at the end of the
Contract left in a stable condition without steep slopes and be either refilled or drained and be
landscaped by appropriate planting. Rock or gravel won from a river shall be removed over
some distance so as to limit the depth of material removed at any one location and not to
disrupt the river flow or damage or undermine river banks.
Disposal of Spoil and Construction Waste
Insert additional paragraph to clause 109 (2) Disposal of Spoil and Construction Waste,
between existing first and second paragraphs
Under no circumstances whatsoever shall the Contractor allow spoil from any excavation or
cut to fall or be pushed down the slope below. In any situation where this occurs by accident
or by purpose, the Contractor shall, at his own cost, remove the debris to a location approved
by the Engineer and make good the affected area through appropriate structures and revegetation as specified by the Engineer and following guidelines published in the Department
of Roads’ manual “Roadside Bio-Engineering”. Failure in compliance with the Engineer’s
instruction in respect of spoil disposal will lead to a reduction or with-holding of payment.
Add an additional paragraph after the existing second paragraph
Any construction waste that includes bitumen products, unused cement, fuel, oil or plastics
shall be disposed of in a Government-approved landfill site. If this is not practical then it may
be disposed of by burial in a specially excavated pit at a site approved by the Engineer. Land
compensation shall be paid by the Contractor for the area occupied by the pit as if for
permanent construction. If the land is owned by the Government, then the Contractor must
obtain written permission from the appropriate authority for its use in this manner, and must
pay any royalties due. The pit shall be located at least 100 metres from any seasonal or
permanent water course or spring. A hole shall be excavated below ground level so that,
when the original surface profile is regained through backfilling, the disposed waste is
covered by at least two metres of soil. Following the closure of the waste disposal site, the
Contractor shall provide any structures necessary to prevent erosion and shall revegetate the
topsoil with appropriate plants.
(3) Provision and Maintenance of Camps, Offices, Stores, Equipment Yards and
Workshops
Replace the first paragraph of the sub-clause 109(3) with the following:
The Contractor shall provide and maintain such accommodation and amenities as necessary
for all his staff and labour, employed for the purposes of or in connection with the Contract,
including all fencing, water supply (both for drinking and other purposes), electricity supply,
sanitation, cookhouses and other requirements in connection with such accommodation or
amenities. On completion of the Contract, unless otherwise agreed with the Employer, all the
temporary camps/housing provided by the Contractor shall be removed and the site(s)
reinstated to its (their) original condition, all to the approval of the Engineer.
All accommodation facilities of whatsoever nature provided by the Contractor shall be
provided with adequate sewage and wastewater collection and treatment facilities to a design
and of a capacity approved by the Engineer. Under no circumstances shall untreated sewage
or wastewater be discharged to the natural environment.
(6) Provision of First Aid/Medical Facilities
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Add the following after last paragraph
The Contractor shall provide information to his workers on methods of avoiding sexually
transmitted diseases and infection by HIV/AIDS.
(9) Hazardous Materials
Delete all three paragraphs and add the following:
The Contractor shall not store hazardous materials such as cement, lime, bitumen and
emulsion, paint, fuels, oils, battery acids, pesticides and herbicides within 100 metres of
seasonal or permanent water courses or springs. They must be housed in secured weatherproof buildings and protected against attacks by vermin and accidental contact by children.
Any worker handling hazardous materials must be appropriately equipped as described in
sub-clause 109 (10) below.
Any hazardous material requiring disposal must be handled as described in sub-clause 109
(2) above.
Renumber existing clauses 109(10) to 109(14): Reinstatement of Environment and 109 (11)
to 109 (17): Measurement and Payment
Insert new clause 109 (10): Provision of Safety Clothing and Equipment
(10) Provision of Safety Clothing and Equipment
The Contractor shall provide all labourers, supervisors and site staff with suitable basic safety
helmets, boots, clothing, etc.
All workers and supervisory staff when on any site shall wear the basic safety clothing
specified. Where additional safety equipment is required by nature of the site, then all
workers and supervisory staff when on any part of that site shall use the additional equipment
in addition to the basic safety clothing specified.
In hot weather the Contractor shall provide appropriate lightweight safety equipment, such as
cotton gloves in place of rubber gloves and canvas boots in place of rubber boots.
The Contractor shall be responsible for ensuring that all his employees and the employees of
any Subcontractor and any visitor to the site complies with the Engineer’s requirement to use
safety clothing and equipment at all times. Failure in compliance with the Engineer’s
instruction in respect of safety clothing and equipment may lead to a suspension of works and
a reduction or with-holding of payment until the Contractor complies.
Insert new clause 109 (11): Dust Nuisance
(11) Dust Nuisance
The Contractor shall avoid creating any high concentration of airborne dust or smoke within
100 metres of a house or other occupied building, or in situations likely to affect people,
animals, crops or natural vegetation.
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Dust from moving construction plant and road traffic shall be controlled by the regular
spraying of water on to road surfaces. The Contractor is responsible for all water spraying
and the erection and maintenance of adequate speed bumps. The Engineer may instruct
additional measures at his discretion.
Where earthwork excavations cause dust to blow into areas where it causes a nuisance, the
Contractor is responsible for altering the schedule of works to minimise the nuisance. This
may involve restricting the timing of work to certain hours of the day or completing works
and restoring a dust-free surface as rapidly as possible. The Engineer may instruct additional
measures at his discretion.
Insert new clause 109 (12): Noise Pollution
(12) Noise Pollution
The Contractor shall take every precaution to control excessive noise resulting in disruption
to the local population and to wildlife. All static plant shall be located at least 100 metres
from occupied buildings and at least 800 metres from sites deemed by the Engineer to have
sensitive wildlife. The Engineer may require the construction of baffles or bunds around
noisy plant in order to reduce the pollution caused.
Add new clause 109 (13): Special Provisions for Sensitive Ecology
(13) Special Provisions for Sensitive Ecology
In addition to the provisions of other clauses, the Engineer may require the Contractor to
undertake special provisions to protect any plant or animal deemed to be environmentally
sensitive or otherwise worthy of unusual protection.
Renumber existing clause 109 (10) to 109 (14)
(14) Reinstatement of Environment
Add between existing two paragraphs:
The Contractor shall reinstate the environment of areas polluted by the use or spillage of
hazardous materials as defined in sub-clause 109 (9). All such materials and polluted soil will
be removed to a safe disposal site as described in sub-clause 109 (2) Disposal of Spoil and
Construction Waste. The site will then be restored and revegetated as described above. This
provision applies in particular to all areas affected by bitumen.
Add the following at the end of the existing last paragraph:
The contractor shall reinstate the quarry site at the completion of the works as mentioned in
Sub clause 109(1) and/or instructed by the Engineer.
Add new clause 109 (15): Protection of the Environment
(15) Protection of the Environment
The Contractor shall ensure that Site Offices, depots and particularly storage areas for diesel
and bitumen are not located near watercourses and are operated so that no pollutants enter
watercourses, either overland or through groundwater seepage especially during periods of
heavy rain.
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The Contractor shall, to the satisfaction of the Engineer, take all necessary precautions for the
efficient protection of all surface and subsurface watercourses against all kinds of pollution
arising from the execution of the work.
The Contractor shall not be allowed to discharge water containing silt, sand, cement or any
other polluting materials such as sewage or hazardous materials into flowing or stagnant
water bodies.
The Contractor shall ensure that at all locations where his labour force are living or working,
other than labour living in their own homes, adequate facilities are provided to collect and
treat all sewage and wastewater and to ensure that the outflows from such treatment facilities
comply with recognised national or international standards for sewage treatment discharges.
The Contractor shall ensure that fuel wood is not used as a means of heating during the
preparation or processing of any materials forming part of the Works.
The Contractor shall take special precautions in connection with the establishment of storage
facilities for diesel fuel, petrol, lubricants, bitumen and bituminous materials. Storage
facilities shall not be placed in rock-fall prone areas nor shall they be located within 500
metres of existing watercourses. They shall have barriers and impervious surfaces preventing
leakages of spilt material outside the storage area or into the underlying soils. The Contractor
shall present his plans for such facilities to the Engineer for his approval prior to their
establishment. Such approval shall not reduce the Contractor’s responsibility to prevent all
such leakage nor his liability to remedy the damages which may be caused should such
incidents occur. The Contractor shall ensure that all spoil or material removed from drains is
disposed of to designated stable tipping areas approved by the Engineer.
The Contractor shall ensure that any cut or fill slopes are planted in grass or other approved
plant cover as soon as possible to protect them from erosion. This planting shall follow the
recommendations in the Nepali manual entitled “Vegetative Structures for Stabilising
Highway Slopes” (DoR), or the requirements of the Specification as directed by the Engineer.
The water used in road construction shall not be allowed to affect water availability in the
local communities. Where a scarcity of water is expected to arise, the contractor shall explore
and tap alternative sources of safe water. In case of interference with the water supply of a
settlement, the contractor is liable to provide the affected population with potable drinking
water from alternative sources at no extra cost to the contract or the local people.
Renumber existing clause 109 (11) to 109 (16): Measurement and Payment
(16) Measurement and Payment
Delete the paragraph and add the following:
No separate measurement and payment shall be made for the works described in this clause .
110
Photographs
Add following at the end of sub clause 110(1):
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The Contractor may propose the use of digital images in place of conventional photographs.
(2) Payment
Replace the entire text with:
No separate payment shall be made for compliance with the requirements of this clause.
Payment shall be deemed to be included in the Contractor’s tendered rates of other items.
112
Notes about Measurement and Payment
In sub-clause (1) Measurement, delete the whole of the second paragraph and add:
The tolerances given in these Specifications are for the evaluation of the accuracy to which
work has been constructed and for determining whether work should be accepted or rejected.
The measurement of work done shall be based on the actual measured quantity of acceptable
work executed except that, where the actual quantity is greater than the quantity which would
have resulted from the precise designed or instructed dimensions and/or levels then the
payable quantity shall be limited to the quantity determined on the basis of calculation using
the designed or instructed dimensions and/or levels.
116
Programme
Add the following at the end of the clause:
This clause should be read in conjunction with the clause no. 8.1 and 25.2 of GCC.
The contractor shall submit at the end of each fortnight a detailed work programme for the
period of one month ahead i.e. for 30/31days ahead. The programme shall identify whether
further drawings or instructions are to be issued by the Engineer to avoid disruption to the
progress of the Works and also plan to set right previous backlogs.
Add the following clauses:
117
Legal relations and Responsibility to the Public
The Contractor shall take the steps necessary to comply with the terms of the Conditions of
Contract, particularly in respect of the insurances and indemnities required, and he shall
comply with all regulations of statutory authorities
118
Contractor’s Establishment on Site Office, Equipment Testing Facilities etc.
It is the Contractor’s responsibility to acquire land for the sitting of all his offices,
accommodation, stores, testing facilities, equipment yards and workshops and for all
temporary works and for the reinstatement of such land on completion of the Contract to the
satisfaction of the owners and of the Engineer. The Contractor shall obtain the approval of the
Engineer to the sitting of offices, accommodation, stores, testing facilities, equipment yards
and workshops before such land is acquired and he shall indemnify the Employer against all
claims and charges in respect of the occupation, use and reinstatement of the land.
The Contractor is solely responsible for the satisfactory accommodation of all his employees
and for complying with all regulations and requirements in this respect.
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119
Control of the Works
Compaction of materials:
Compaction of materials shall be carried out in layers of uniform thickness using approved
compaction equipment including combinations thereof if required by the Engineer to achieve
the specified compaction.
Compaction with rollers shall commence at the edges and progress towards the centre except
in super elevated and other stretches of unidirectional cross-fall, where the rolling shall
commence at the lower edge and progress towards the upper edge. When commencing rolling
from an edge, rollers shall run forward and backward along the edge several times till the
edge strip becomes firm to provide lateral support. The roller shall then move inwards
parallel to the centre line of the road in successive passes with the tracks made by successive
passes overlapping. Rolling shall continue till the specified degree of compaction is achieved
throughout. When rolling is terminated at an edge, the procedure similar to that for
commencing rolling at an edge shall be adopted. During rolling, the top of the layer being
rolled shall be checked for levels and cross-fall and any irregularities in these regards,
corrected by scarifying the material in the affected area and by removing or adding materials
and continuing with the rolling until the entire area being rolled has been brought to a state of
uniform and desired compaction.
Mixing & Control of Moisture Content before Compaction:
Before compaction is commenced each layer of uncompacted material shall be brought to a
state of uniform composition, texture and moisture content by thorough addition and mixing
of water or by scarification and drying as required. The Contractor shall be deemed to have
taken account of the fact that the in-situ moisture contents of materials encountered may vary
widely and the moisture contents at which the materials are to be compacted are specified for
each type of material. The cost of all operations to bring materials to the specified moisture
contents are deemed to be included in the rates tendered for works involving such materials.
No separate payment will be made in respect of operations required to increase or reduce the
moisture content of any materials.
Compaction Equipment:
Mechanical equipment shall be used for compacting materials by rolling, tamping and
watering the materials (if needed) before compaction. For other operations such as spreading,
mixing and shaping, mechanical equipment only or a combination of mechanical equipment
(which shall include graders) and manually operated tools and equipment shall be used. The
choice of equipment and the procedure for its use shall be subject to the approval of the
Engineer, and shall depend upon his being satisfied as to its effectiveness on the basis of trial
compactions.
It shall be understood by the Contractor that different type of materials are likely to require
different kind of compaction equipment, including successive applications thereof, for
achieving the specified degrees of compaction and the Contractor shall keep available a fleet
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of compaction equipment of the requisite kinds, sizes and numbers which shall include, inter
alia.
Smooth - wheeled steel tyre rollers
Sheep foot rollers
Vibratory rollers
Pneumatic rollers
Vibrating plate compactors & vibro-tampers
For compacting along narrow strips e.g. along widening of pavements and in restricted areas
appropriate sized purpose made compacting equipment will be required and the same shall be
provided by the Contractor.
All equipment shall be of modern construction by established manufacturers and of proven
efficiency and shall be operated and maintained at all times by skilled personnel in a manner
acceptable to the Engineer.
Compaction Trials:
For demonstrating the efficacy of mixing and compaction equipment and the working
methods proposed to be used by the Contractor for different kinds of materials, the
Contractor shall carry out compaction trials before full-scale construction on the road and
during construction throughout the course of the contract as required by and in close
cooperation with the Engineer. Based on results of compaction trials and observation of the
construction process, the Engineer shall reserve the right to direct the use of particular mixing
and compaction equipment and methods and disallow the use of others for compacting
different kinds of materials in accordance with these specifications.
Dispersal of Hauling Equipment:
Hauling equipment bringing materials to the site of work shall be dispersed uniformly over
the surface of the previously constructed layers in order to avoid rutting and uneven
compaction. Discharge of material from hauling equipment shall be carried out in a way
which avoids the formation of concentrated heaps and deposits material as evenly distributed
layers or windrows consistent with the loose thickness to be achieved before compaction.
Major Drainage Structure Construction Sequence:
The Contractor shall programme the construction sequences for all major drainage structures
(e.g. box culverts) and submit a written statement thereof for the approval of the Engineer.
The construction sequence shall consider, as a minimum, each phase of construction with
respect to traffic control, diversions and the effects on existing structures. Where the
Contractor proposes to partially demolish an existing structure to allow for phased
construction, he shall demonstrate to the Engineer’s approval that the partially demolished
structure is safe for use by his equipment and other road users.
Measurement and Payment:
Payment shall be deemed to be included in the contractor’s tendered rates.
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120
Control of Materials
The Contractor shall be responsible for the provision of all materials required to construct the
Works. All material salvaged and/or removed from the works remains the property of the
Employer. If the salvaged and/or removed materials are used in the works with Engineer’s
approval, then the rate shall be as per BOQ. The Contractor shall be responsible for the cost
of replacement in the event of unauthorised use or removal.
Quarry and Borrow Pit areas identified as being likely to provide material shall be inspected
and tested by the Contractor and it is the Contractor’s responsibility to satisfy him as to the
quality and quantity of suitable material to be gained from the identified sources.
No claims relating to or originating from the quantity or haulage or access to the quarry /
borrow area or quality of material at advised or identified quarry or borrow areas shall be
considered by the Employer.
The Contractor shall be responsible for opening up all Quarries and Borrow Areas and shall
organise his method of operations so that only materials of a type and quality approved by the
Engineer shall be selected for use in the Works.
The Contractor is at liberty to select and use material from his own sources providing the
requirements of the Specification are fully met.
Approval of Sources of Material
The sources of the materials shall be selected by the Contractor, but must be approved by the
Engineer before the materials are used on the site. For this purpose, the Contractor shall
furnish all relevant test data for representative samples from each source area as desired by
the Engineer and also afford opportunities for the Engineer to visit the area of the sources.
The Engineer may order that samples be taken and tested in his presence before approval for
use of a source is given.
Notwithstanding approval of sources of materials, materials brought to the work site for use
in the Works shall be subject to acceptance or rejection by the Engineer based on quality
control tests to be performed before use in construction as per the specification.
Stockpiling of Materials
All materials brought to the Site if stockpiled shall be stockpiled and stored carefully at
approved locations and in a systematic manner so as to prevent deterioration or mixing of
different materials or contamination. Materials which have suffered contamination or
deterioration due to improper storage shall not be used in Works and shall be removed from
the stock piling area and from the site.
The materials shall be free from foreign, organic or any other deleterious substances such as
vegetation and perishable matter, or any other substance which in the opinion of the Engineer
may affect placing mixing and compaction of the material or adversely affect the future
performance of the Works. Material may be tested in stockpiles by the Engineer to check
suitability for use in the Works.
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Temporary Stockpiling of Materials
Where the work programme is such that materials cannot be placed directly in their required
position or mixing of two or more materials is required to meet the requirements of the
Specification for a material the Engineer may authorise their removal into temporary
stockpiles. Stockpile sites shall be to the Engineer’s approval and shall be prepared by
clearing and grading followed by compaction.
The material shall be stockpiled in successive layers of approved thickness over the full
stockpile area to the approximate dimensions required by the Engineer and shall subsequently
be reloaded and placed.
Payment
Payment shall be deemed to be included in the Contractor’s rates.
121
Overhaul
Notwithstanding anything said or implied to the contrary anywhere else in this Specification
or elsewhere in the contract documents no separate measurement or payment shall be made in
respect of the haulage of materials of any nature, including excavated materials for the
formation of embankment.
122
Wages
(1) Payment of Wages
The Contractor shall pay his employees promptly and regularly at intervals of no more than
two weeks, and all employees shall be paid in full and up to date before the issue of the
Defect Liability Certificate.
(2) Records
The Contractor shall keep proper records of the days, dates and hours worked by every
employee engaged on the contract, their gender, the class of work in which employed,
whether as a casual or permanent employee, and the wages (and allowances if any), paid.
These records shall be available at any time for inspection by the Engineer or the Engineer’s
representative or any authorised representative of the Government.
(3) Default of Payment of Wages
In the event of default in payment of wages to any worker employed on the contract, by the
Contractor or his Subcontractor, and, if a claim with satisfactory proof thereof is received by
the Engineer, the Employer shall make the payment of such a claim upon the
recommendation of the Engineer, out of the monies at any time payable under the contract,
and the amount so paid shall be deemed payments to the Contractor under the contract.
123
Site Safety
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The Contractor shall at all time in the conduct of his work and that of his Subcontractors
adhere to the established rules and regulations concerning all safety matters at Site. This is
especially important wherever it is necessary to enable the free passage of the public through
the Site.
During construction the Contractor shall erect, maintain and subsequently remove sufficient
barricades, guards, lighting, sheeting, shoring, temporary sidewalks and bridges, danger
signals as well as temporary covering of potential accident areas.
All open excavations shall be protected sufficiently to keep out livestock, and ensure the
safety of workmen and members of the public and be in accordance with the local
regulations.
The Contractor shall be responsible for ensuring that all persons working in the vicinity of
power lines are aware of the relatively large distance that high voltage electricity can "short"
to earth when cranes or other large masses of steel are in the vicinity of power lines.
Where work is to be carried out in the proximity of buildings, bridges, tanks or other
structures, the Contractor shall take all necessary precautions, including shoring and strutting,
where necessary, to ensure the safety of the structures that are at risk.
The Contractor shall be responsible for all damages or injury which may be caused on any
property by trespass by the Contractor's or his Subcontractor's employees in the course of
their employment
SECTION 500 – QUALITY CONTROL
502
Contractor Responsible for the Quality of the Works
Delete the final two sentences of the second paragraph and add the following:
“This laboratory shall be for the use of the Engineer and his staff as well as for that of the
contractor and the Engineer shall at all times have free access to the laboratory, the
equipment and all records of testing carried out and shall have the use of the contractor’s
laboratory staff as he may require for carrying out additional testing for the purposes of
control, verification and acceptance. The laboratory facilities to be provided and the list of
equipment to be purchased shall be approved by the Engineer. In designing the facilities and
compiling the list of equipment the Contractor shall have due regard to the details of facilities
and list of equipment given in the Appendices to these Special provisions. The detail given in
the Appendices are indicative of minimum requirements. In equipping the laboratory the
contractor must himself make allowance for the need to be able to conduct all tests required
by the Specifications in regard of the works or materials itemised or implied in the drawings
and the Bill of Quantities. The lists in the Appendices are for guidance only, the Contractor
remains responsible for the supply of all equipment of whatsoever nature and in whatsoever
quantity required for carrying out all of the tests specified at the frequency specified.”
505
Testing Procedure and Set of Tests
Delete the final words of the second paragraph commencing “as per the prevalent accepted
…..” and add the following:
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“In accordance with National Specifications stipulated by the Engineer. If no National
Specifications acceptable to the Engineer exist then tests shall be carried out in accordance
with the directions of the Engineer.
The contractor is fully responsible for all kinds of tests, its availability and procedures. If the
testing facilities are not available within the country, the contractor shall arrange such tests
and its testing certificates from other sources.”
507
Site Trials or Trials Sections
(3) Production of Materials and Crushing Plant
In the first paragraph of this sub clause in the second line after the words “to be processed
using….” insert:
“the initial material collection procedures,”
510
Recapitulative Schedule of Tests
Add the following after the second sentence ending in the words” main types of works”.
The testing frequencies set forth are desirable minimums and the Engineer shall have the full
authority to carry out additional tests as frequently as he may deem necessary to satisfy
himself that the material and works comply with the appropriate specifications. However, the
number of tests recommended in this table may be reduced at the discretion of the Engineer if
it is felt that consistency in the quality of materials can still be maintained with the reduced
number of tests.
SECTION 600 : MATERIALS AND TESTING OF MATERIALS
604
Inspection and Acceptance of Materials
Delete the second and third paragraphs of this clause and add the following:
“A preliminary inspection of the materials may be made at the source for the convenience
and accommodation of the Contractor, but neither the presence of neither a representative of
the Engineer nor the subsequent testing of work or materials by the Engineer shall relieve the
Contractor of the responsibility for furnishing work and materials complying with these
Specifications.
“The representative of the Engineer shall have free entry at all times to those parts of any
plant which concern production of any materials for incorporation into the Works and the
Contractor shall ensure that any order for materials which he places includes the necessary
provisions to ensure that such free entry is available.”
SECTION 900 : EARTHWORKS
902
Definitions and General Requirements
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Delete the final sentence of sub clause (8). At the end of the first sentence of sub clause (8)
add the following:
“The surveyed points thus obtained shall be used to correct or augment the existing survey
data referred to in Clause 104 above.”
Add following after sub-clause 902-2-iii-e
(f) Top soil
908 Refilling of Foundation Pits and Trenches, removal of supports and filling to
structures
Replace the whole contents of Table 9.1: "Grading Limits of pervious backfill" with the
whole contents of Table 31.1.
909
Forming of Embankment and Other Areas of Fill
In sub clause (3) the "original ground" shall deemed to include “The ground after clearing and
grubbing”
Add the following additional sub clause:
(11) All materials which are deposited in place prior to compaction shall be evenly spread
over the whole of the designated area for the layer concerned and in such quantity that the
thickness of any one layer, when measured after compaction, shall comply with the
requirements specified.
Any new layer less than 75mm in compacted thickness shall be bonded to the previous layer
by scarifying the previous layer to a depth not less than 25mm or to such greater depth so that
the total compacted thickness of the new layer plus the scarified portion of the previous layer
will not be less than 100mm.”
917
Measurement
At the end of sub clause (2) add the following:
In the case of excavation of hard rock, initial cross section shall be taken before starting of
the excavation.
Replace the whole content of first paragraph of sub clause (4) with the following:
If the excavated materials are disposed beyond 1 km length from the place of excavation,
additional lead shall be measured separately for payment. However, initial lead of 1 km shall
not be measured separately. They are already included in the measurement of the item itself.
The haulage distance for disposal of the excavated materials shall be measured from the mid
point of each kilometre. However, the measurement of foundation excavation shall be
inclusive of all leads and lifts (i.e. no separate leads and lifts shall be measured in foundation
excavation.)
At the end of sub clause (4) add the following:
“The measurement of earthworks quantities for payment shall be based on the premise that all
suitable material arising from the operations is used in the formation of embankment unless,
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over the contract as a whole, there is a surplus of suitable excavated material over the volume
required for formation of embankment in which case the surplus suitable material shall be
considered as run to spoil.”
However, no lead and lift shall be measured for the formation of embankment.
SECTION 1000 : SUB GRADES
1002 Definitions
(2) Sub grade
Delete the definition and add the following:
Below the base and/or sub base level is designated as “Sub grade”.
(3) Capping Layer
Delete the definition and add the following:
Capping layers (also known as selected fill or selected or improved sub grade) are layers of
specified materials laid and compacted generally over weaker materials either to aid the
passage of construction traffic or to improve the condition of the layer immediately below the
sub base or base layer. Such improvements may be made through the addition of imported
material or by the mechanical or chemical stabilization of the existing material.
1003 Preparation and Surface Treatment of Formation
Add the following immediately after the opening paragraph:
“If instructed by the Engineer, any processing of in-situ material that meets the specification
for sub grade will include scarification to a depth not less than 150mm or to a depth as agreed
with the Engineer, watering, shaping and compaction of the material. Measurement and
payment for this processing shall be for the cubic metre of material so processed in
accordance with the provisions in this sub-section. In this case the measurement for
preparation of formation shall be deemed to be included in the rate for the provision of the
layer concerned and no separate payment for preparation of formation will be made.”
Add the following sub clause:
(7) Scarification, Reshaping and Compaction of existing surfaces
The existing gravel / bituminous surfaces shall be scarified to a depth of maximum 100 mm
as instructed by the Engineer , reshaped and compacted as directed by the Engineer. The
surface shall be compacted to a dry density of at least 95% MDD (heavy compaction). The
MDD and OMC shall be determined for each new material encountered and in every 3000 m2
or part of it of each layer of compacted surface. The field density shall be determined at least
once per 500 m2 or part of it of each layer of compacted surface.
The proof rolling and tolerances shall be in accordance with sub clauses (5) and (6)
respectively as mentioned above.
The contractor shall request in writing for the Engineer’s approval for each layer in
accordance with sub clause 509(1) and such request shall be accompanied by the test results
of the above mentioned testing and other relevant information required. If the results are as
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specified, the Engineer will approve the layer and allow for addition of regulating course or
sub base course as required. If the results are not as specified he may ask for further tests or
rework to meet the requirements.
The scarification, reshaping and compaction of existing surfaces shall be measured in square
meter of the completed and accepted layer and shall be paid at the contract unit rate which
shall be the full and the final compensation to the contractor as per clause 112.
1004 Capping Layer
Delete the first sentence and add the following:
Where shown on the drawings a Capping Layer shall be placed at, or on, the top of the sub
grade to a thickness as indicated on the drawings.
If instructed by the Engineer any processing of in-situ material that meets the specification
for the capping layer will include scarification to a depth not less than the specified thickness
of capping layer or to a depth as agreed with the Engineer, watering, shaping and compaction
of the material. Measurement and payment for this processing shall be for the cubic metre of
material so processed in accordance with the provisions in this sub-section. In this case no
separate payment for preparation of formation will be made.
SECTION 1100 : ROADWORKS OVERALL REQUIREMENTS
1101 Horizontal Alignments, Surface Levels and Surface regularity of Pavement
Courses
Add following after sub-clause (3)(d)
(3)(e) Remedial Work
When upon examination by the Engineer any part of the Works or any plant fails to conform
to the Specification requirements, or is at any stage before final acceptance damaged so that it
no longer conforms to the requirements of the Specifications, the Engineer shall instruct its
complete removal and replacement, at the Contractor’s expense, with satisfactory work, plant
or material. In special cases the Engineer may instruct the Contractor to apply remedial
measures at the Contractor's in order to make good any such defects or damage. The actual
remedial measures taken shall be entirely at the Contractor’s own cost, but subject to the
Engineer’s approval regarding the details thereof.
In particular remedial measures shall ensure that the final product is in full compliance with
the Specifications, shall not endanger or damage any other part of the Works and shall be
carefully controlled and submitted to the Engineer for examination when completed or at any
intermediate stage as may be required.
For the guidance of the Contractor an indication about what may be required in the more
common cases of defects or damage is given below, but the Engineer will in no way be bound
to approve of or adhere to the measures indicated, as the actual remedial measures will be
dictated by the circumstances of each particular case.
Local Defects in Pavement Layers
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Where remedial measures are taken to make good localised defects the length and width of
the area to be repaired by equipment shall be such as to accommodate the full width of the
equipment used and of a reasonable length to ensure effective repair.
The depth to which material will have to be removed will depend on the defect and the type
of material. Gravel layers will need to be broken up to a depth of at least 75mm and crushed
stone will usually need breaking up over its full depth.
Concrete
Defective concrete work will normally need the cutting back and complete removal of any
weak or honey-combed sections and making good using approved bonding agents to bind
fresh concrete to old concrete. Cracks, if permitted to remain, shall be injected with approved
compounds and test cores drilled to test the efficacy of the injection process.
1104 Care of Works
Replace the opening sentence with the following:
The general obligations of the Contractor in terms of the Conditions of Contract “Care of the
Works” shall include, inter alia, the following:
Add the following at the end of the clause:
The provision of temporary drainage works such as drains, open channels, banks etc. and the
furnishing and operation of temporary pumps and such other equipment as may be necessary
to adequately drain, protect and de-water the Works and Temporary Works. This will be in
addition to any permanent drainage works specified and installed, and in addition to any
temporary drainage works specifically paid for separately.
Care shall be exercised not to allow material in borrow pits to become excessively wet, to
keep all completed layers properly drained, to avoid dumps of material on completed layer
work that shall inhibit surface drainage or form wet spots under and around dumps, and to
protect all parts of the Works against erosion by floods and rain.
Fill and cut slopes shall be promptly repaired whenever damaged by surface water.
Excavations for pipe drains, culverts, service ducts and similar structures shall be adequately
protected against possible ingress of water during rainstorms
The Contractor shall inform the Engineer of damage or defects to any work before repair or
maintenance and the Engineer shall instruct the extent and method of repair. The previously
constructed layer shall be thoroughly cleaned of all foreign material and the Contractor shall
request its inspection by the Engineer before construction of the following layer or
application of a prime coat, surfacing or surface treatment.
SECTION 1200 : SUBBASE, BASE, HARD SHOULDER AND GRAVEL WEARING COURSE
1201 Mechanically Stable Subbase
1) Scope
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Add" or crushed stone" at the end of the sentence.
(5) Laying and Compacting
Add the following at the beginning:
The sub-base shall be constructed after checking that the underlying layer conforms to the
specified requirements and has been approved by the Engineer. Immediately before placing
the material, the underlying layer shall be checked by the Contractor for any damage or
deficiencies, which shall be made good as instructed by the Engineer.
Replace “100mm" with "75mm" in the last sentence of second paragraph.
Add the following at the end:
The Contractor shall protect and maintain the sub-base at his own expense. Maintenance shall
include the immediate repair of any damage or defects which may occur and shall be repeated
as often as is necessary to keep the sub-base continuously intact. Repairs shall be done in
such a manner that will ensure restoration to an even and uniform surface and may involve
scarifying, watering and re-compacting.
(10) Measurement
Delete the whole paragraph and add the following:
Mechanically stable sub-base shall be measured in cubic meter of the material compacted in
place and accepted. Measurement shall be based on the cross section of the sub-base shown
in the drawings and the actual length measured horizontally along the centre line of the
surface of the road, or in case of edge widening, along the centreline of the widened section.
1202 Graded Crushed Stone Base and Sub-base
(3) Material Requirements
Delete sub clause 3 (b) and add the following:
(b) It shall comply with the physical requirements defined in Table 12.3
Table 12.3: Physical Requirements of Graded Crushed Stone
Tests
LAA Max.
%
AIV Max.
%
SSS Max.
%
FI
%
CBR Min.
%
PI Max.
Base
Course
40
30
12
25
80
NP
(7) Laying and Compacting
Where the base course is laid over the prepared sub-base, the surface shall be brushed free of
dust and extraneous matter and, when instructed by the Engineer, watered before laying the
base course.
Add following after first paragraph:
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DROBHT/3373564/071/72-134
In order to minimise for segregation, the material shall be kept wet during transport and
spreading. The dumps of material shall be spread out to a flat-surfaced layer with a thickness
suitable for mixing. Thereafter the required amount of water shall be added and the material
thoroughly mixed with a motor grader or other suitable approved means until a uniform
homogeneous mixture is achieved. The material deposited on the prepared existing surface
may be spread and shaped by any method which will not cause the segregation of coarse and
fine particles. The Contractor shall ensure that joints in consecutive pavement layers do not
coincide. All areas of segregated coarse and fine material shall be corrected by re-mixing or
removing and replacing with well graded material to the approval of the Engineer. The base
material shall be compacted using approved vibratory compaction equipment whose vibrators
shall function correctly in accordance with the manufacturer’s instructions.
Add following at the end of sub-clause 1202 (7)
The Contractor shall protect and maintain the completed base layer at his own expense until
the surfacing is applied. Maintenance shall include the immediate repair of any damage or
defects which may occur and shall be repeated as often as is necessary to keep the layer
continuously intact and in good condition. Repairs shall be done in such a manner that will
ensure restoration to an even and uniform surface. Traffic shall not be allowed directly on any
unprimed base layer unless instructed or authorized by the Engineer.
The completed base shall be primed as soon as possible after approval from the Engineer.
Add following test after Table 12.5:
In addition to the minimum test frequency for gradation at least two gradation test in every
1500 sq.m. of completed pavement layer shall be performed.
SECTION 1300 : BITUMINOUS SURFACE AND BASE COURSE
1301 General Requirements
(6) Cutting back of Bitumen
In general the preparation of cutback bitumen for prime coat shall be carried out in
accordance with Transport Research Laboratory TRRL Research Report RR140 ”Preparation
of Cutback Bitumen” (by Hitch and Steward).
(7) Adhesion Agents
Under normal circumstances adhesion agents (Anti Stripping Agent) will not be required and
they shall not be used to correct poor aggregate/binder adhesion arising from the Contractor's
failure to meet the requirements of the Specification. However, prior to the commencement
of the surface dressing, the Contractor shall carry out tests under the supervision of the
Engineer to determine the adhesion qualities of the aggregate and binder to be used. These
adhesion tests will include, but not be limited to, the Immersion Tray Test described in
Appendix 3 of TRRL-ORN 3. If, in the opinion of the Engineer, the tests and trials indicate
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DROBHT/3373564/071/72-134
the need, the Engineer may instruct the use of a proprietary adhesion agent as admixture to
the binder. Prolonged heating of binder containing adhesion agents must be avoided.
The Contractor shall supply and apply the specified adhesion agent in the quantities and in
the manner instructed by the Engineer.
1302 Prime Coat and Tack Coat
(2) Materials
Delete the first paragraph and add the following:
The prime coat shall consist of medium curing cutback bitumen MC-30, MC-70 or MC-250
from a source approved by the Engineer. The application rate of cutback bitumen to be used
shall be instructed by the Engineer on Site after field trials. These field trials shall be carried
out by the Contractor as instructed by and under the supervision of the Engineer and the cost
thereof shall be deemed to be included in the prime coat rates. The object of the trials is to
achieve the optimum penetration of prime coat and the minimum rate of spread at which this
penetration can be achieved.
Add following after fourth paragraph:
When, in the opinion of the Engineer, blinding to the primed surface is required, blinding
aggregate shall be spread evenly over the full width of the primed surface such that no
bituminous prime material will be picked up by passing traffic. No traffic shall be allowed to
pass until the prime has been adequately covered to prevent pick-up from vehicles. Any
removal of prime caused by traffic passing shall be remedied to the satisfaction of the
Engineer. In general, priming shall be carried out in half widths and the Contractor shall
ensure that traffic is kept off the prime until it has adequately cured, after which it shall,
where practicable, be trafficked as described below. Blinding to uncured prime coat will only
be used where the Engineer agrees that this is a necessary or unavoidable measure.
(4) Spraying of Prime Coat and Tack Coat
Add the following:
Spray record sheets containing details of ambient temperature, spraying temperature, areas
sprayed and quantities of materials used shall be submitted by the Contractor on a daily basis
for approval by the Engineer.
Following the prime coat application, the primed, unblended surface shall be allowed to cure
for a minimum 24 hours, or for a time as agreed with the Engineer, without being disturbed
so as to allow the prime coat to fully penetrate the surface unless full penetration and curing
has taken place in the opinion of the Engineer in a shorter period. If after this period the
prime coat has not sufficiently cured to permit trafficking without being picked up, and the
Contractor wishes to open the section to traffic, the Engineer shall either instruct that the area
be left for a further period until the prime coat has fully penetrated and aired to allow traffic
to pass or shall permit the Contractor to place mineral aggregate for blinding, at his own cost,
applied at a rate and in the places instructed to blot up the excess bitumen. Where the
Engineer agrees that blinding is necessary in limited areas to permit the unavoidable
movement of traffic, at locations such as road junctions, the Contractor shall place mineral
aggregate for blinding applied at a rate and in the places agreed and shall be paid for this
work at the rate in the Bills of Quantities.
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As soon as the primed surface has cured sufficiently or sufficient mineral aggregate for
blinding has been applied to allow traffic to pass over the road without the prime coat being
picked up, the road shall, where practicable, be opened to public traffic for a period of 14
days or less if agreed by the Engineer. During this period the primed area under traffic shall
be maintained and all damage caused by traffic shall be repaired as instructed by the Engineer
at no extra cost. Thereafter the contractor shall maintain the primed surface and shall protect
the surface until the application of surfacing by taking suitable precautions including for
example supplying and spreading a protective layer of sand at no extra cost.
(7) Testing
Samples of the bituminous material that the Contractor proposes to use, together with a
statement as to their source and character shall be submitted and approved before use of such
material. The Contractor shall require the manufacturer or producer of the material to furnish
material subject to this and all other pertinent requirements. Only satisfactory materials, so
demonstrated by service tests, shall be acceptable.
The Contractor shall furnish vendor’s certified test reports for each consignment of
bituminous material supplied. The reports shall be delivered to the Engineer before
permission is granted for use of the material. The furnishing of the vendor’s reports shall not
be interpreted as basis for final acceptance. All such test reports shall be subject to
verification by testing samples of materials received.
(8) Measurement
Add following at the end of paragraph:
No measurement for the blinding material will be made. It shall be deemed that cost of the
blinding material is included in the respective item.
1303 Surface Dressing
(1) Scope and Definitions
Add the following:
The Contractor shall familiarise himself with the contents of the British Transport & Road
Research Laboratory Overseas Road Note 3 - “ A Guide to Surface Dressing in Tropical and
Sub-Tropical Countries” - hereinafter referred to as TRRL-ORN 3. Much of the Specification
for Seal Coat Treatment is based on TRRL-ORN 3, including the design of the surface
dressing and knowledge of the principles of the Surface Dressing Process is essential to the
Contractor.
The requirement for a single or double bituminous surface dressing shall be specified on the
Drawings.
(2) Materials
(a) Binder
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Delete first and second paragraph of the sub-clause and add the following:
The binder shall consist of straight-run bitumen, cutback bitumen or bitumen emulsion, as
specified in the relevant item of the Bill of Quantities.
Straight-run bitumen binder shall comply with ASTM D-140 from a source approved by the
Engineer. The grade shall be 80/100 pen unless otherwise specified in the relevant item of the
Bill of Quantities.
Cutback bitumen binder shall comprise penetration grade 80/100 bitumen and cutter which
shall be diesel or kerosene or a mixture of both prepared on Site. The type and proportion of
cutter if required shall be instructed by the Engineer on Site, in the range 1% to 10% after
design of the surface dressing in accordance with the procedures set out in Chapter 5 of
TRRL-ORN 3. The preparation of cutback bitumen shall be carried out in accordance with
TRRL Research Report RR104 “Preparation of Cutback Bitumen” (Hitch and Stewart).
Approval of the source of supply of bitumen shall be obtained from the Engineer prior to
delivery of the material. The Engineer will require test certificates to confirm compliance
with the specified requirements and may require samples for independent testing prior to
issue of such approval. No bituminous material other than that represented by samples and
test certificates submitted shall be used by the Contractor except with the written consent of
the Engineer and the material shall comply in all respects with the requirements herein.
Blending of bituminous materials from different refineries shall not be permitted without the
approval of the Engineer.
(b) Chippings
(i) Hardness, Soundness and Cleanliness
Delete the first and second paragraph including Table 13.5 and add the following:
Cover aggregate specified in the relevant items of the Bill of Quantities shall be obtained
from a source approved by the Engineer and shall be natural screened gravel or crushed hard
rock/stone. It shall be free from adhering dust, clay, organic matter or any other detrimental
substance that could impair the adhesion of bitumen. It should be clean achieved by washing
and drying and shall conform to the requirements of Table 13.5 below:
Table 13.5 Physical Requirements of Chippings
LAA max.
AIV max.
SSS max.
FI max.
35
25
12
25
The size of the chippings shall be as specified in the relevant item in the Bill of Quantities.
(ii) Grading
Delete Table 13.6: Grading Requirements of Chippings and add the following table:
Table 13.6: Grading Requirements of Chippings
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DROBHT/3373564/071/72-134
Sieve Size
mm
25
20
14
10
6.3
4.75
4.0
2.36
0.075
Percentage Passing by weight for nominal chippings size
20 mm
14 mm
10 mm
100
85 – 100
100
0 – 20
85 – 100
100
0-7
0 – 20
85 - 100
0–7
0 - 20
0 - 10
0-2
0–2
0-2
0 - 1.5
0 - 1.5
0 - 1.5
6 mm
100
85 - 100
0 - 20
0 - 10
0 - 1.5
(3) Rate of application of Binder and Chippings
Delete first and second paragraph of the sub-clause and add the following:
The rate of spray for binder shall be determined by using the design procedure in ORN 3. The
spreading rate for chippings shall be determined by laboratory tray tests before surface
dressing begins; at least four such tests shall be done and the mean value be taken. However,
during surface dressing, the Engineer may direct application of slightly excess aggregate to
allow for whip off.
(4) Crushing, Screening, Washing and Stockpiling Chippings
Add the following:
Stockpiling of aggregates will be permitted only at locations approved by the Engineer. A
separate stockpile shall be made for each nominal size of aggregate at each location.
The site of the stockpile shall be cleared of all vegetation and debris, graded and drained, and
where the Engineer deems it necessary, the area shall be surfaced with a 100 mm compacted
layer of approved material to prevent contamination of the lower layer of cover aggregate.
Unless otherwise approved by the Engineer each stockpile shall be built at least two metes
high by tipping in layers not more than one metre deep over the whole area of the stockpile.
The Contractor shall supply planking or other material required in connection with movement
of vehicles over and about the stockpiles.
The bottom 50 mm layer of cover aggregate or any contaminated aggregate shall not be used
in the work.
Stockpiles shall be kept dry from rainfall or ingress of water by covering with approved
waterproof membranes and maintaining ground drainage to avoid seepage of ground water
into stockpile.
(6) Construction
Equipment for Pavement Works
(a) Bitumen Distributors
Delete this sub-section and add the following:
Operation
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Distributors shall be of constant volume or preferably constant pressure type, self-propelled,
equipped with pneumatic tyres and have a minimum binder capacity of 4000 litres and each
machine shall require the approval in writing of the Engineer for use in constructing the
Works.
Approval will depend on fulfilling the following requirements:
Distributors shall be equipped with low range speedometer (fifth wheel) in good working
condition, so located to be visible to the driver to enable him to maintain accurately the
constant speed for spraying binder at the uniform specified rate. They shall be fitted with
either a calibrated pressure gauge which accurately records the pressure of the bitumen at the
spray bar for constant pressure distributors, or a binder pump delivery meter for constant
volume distributors. Binder pumps shall be capable of maintaining constant pressure or
constant volume during spray runs.
Distributors shall be fitted with burners in combination with a circulating pump capable of
maintaining the bitumen without overheating within the specified temperature range and an
accurately calibrated thermometer for indicating the spraying temperature of the bitumen.
The spray bar shall be capable of applying bitumen binder to a minimum width of 2.30
meters with provision for application of lesser widths by closing jets. The spray bar shall
have the capability of being raised and lowered to specified heights above the road and of
being adjusted so that it is parallel with the road surface. The distributors shall be so designed
to allow the circulation of hot binder through the spray bar when not spraying.
Spray bars shall be fitted with either slotted spray jets or preferably whirling spray jets,
whose essential features are the ability to spray binder uniformly at the specified rate of
spray, such that the speed of the distributor can be matched by the following chipping
spreader during its normal chip spreading operation. If whirling spray jets are fitted the spray
bar shall be protected by a hood to reduce wind interference. Distributors shall be fitted with
hand-lances with nozzle spray attachments for spraying small, inaccessible areas and to
correct deficiencies in the spray rate.
Prior to surface dressing operations, distributors shall be checked for leakages from spray jets
and any other sources and these shall be eliminated. Distributors shall then be calibrated by a
method approved by the Engineer and under his supervision, to establish uniformity of lateral
spray of bitumen to within ±10% permitted variation at any point on the surface from the
mean spray rate. This shall include the transverse distribution test (BS 1707: 1989) and
setting the spray bar height above the surface to be sprayed, in accordance with the
manufacture’s instructions, so as to ensure that the designed overlap of jets is achieved. All
spray jets shall be functioning so that each jet requirement has been achieved. Calibration
shall be undertaken in accordance with the manufacturer’s instructions or in accordance with
TRRL-ORN 3 - Section 6.3 Distributor Speed Control and Calibration - to establish the
relationship between spray rate and road speed for constant pressure distributors and in
addition, bitumen pump delivery rate and spray bar width for constant volume distributors.
The distributors shall be capable of achieving a mean spray rate measured by the TRRL-ORN
3 Method B, which shall not vary by more than ±5% from the specified spray rate.
(c)
Rollers
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Rolling shall be done using self–propelled pneumatic–tyred rollers,
not less than 6 tonnes in weight; tyres shall be smooth and tyre pressures greater than
0.4 N/ sq.mm or shall be in accordance with the manufacture’s recommendations.
The tyre pressure shall be the same on each axle and tyres shall be smooth and in
good condition to provide uniform rolling of chippings.
(d)
Miscellaneous Equipment
Delete the sub section and add the following:
Sufficient trucks and loading machinery shall be employed to ensure an adequate, prompt
and continuous supply of chippings to the surface dressing site.
Rubber tyred mechanical rotary brooms towed by or mounted on, rubber
tyred vehicles shall be provided. A tractor – towed air compressor with sufficient length of
hose pipes and air jets shall also be provided to ensure sufficient cleaning of the road
surface if the Engineer directs that this method be used. The Engineer may also direct that
some areas be swept by hand – brooming and the Contractor shall provide brooms for such
work.
A small truck or e.g. tractor and trailer shall be provided for the purpose of
back – chipping any areas deficient in chippings. A semi – rotary pump (or similar
equipment) with 10 m. of hose shall be provided for the purpose of adding cutter oils to the
distributor.
Safety and Maintenance
Bitumen heating, pumping and spraying operations shall be entrusted only to personnel
who have been adequately trained and who are competent in the use of the equipment.
Unauthorised personnel shall not be allowed to remain in the vicinity during the above
operations. Authorised personnel shall be provided with, and be required to wear,
suitable protective clothing, i.e. overalls, heat-proof gloves, boots, helmets and goggles.
Special care is needed when changing the type of binder being used in the distributor.
When changing from hot binders to bitumen emulsions, all residual binder in the tank
and spraying system shall be drained completely and the spraying system flushed using
diesel. When changing from emulsions to hot binders, all emulsion shall be drained /
flushed from the distributor in order to avoid foaming when hot binder is loaded. When
it is necessary to load hot binder after using the distributor for spraying cutback
bitumen, the cutback bitumen shall be drained completely and the manhole left open for
some time to allow solvent vapour to escape.
The spray bar shall be emptied of binder by blowing with air, or by diesel flushing
when spraying is suspended for lengthy periods and at the end of each day’s work.
The binder shall be introduced into the distributor at a temperature equal to or just
above the spraying temperature after preheating in separate tanks fitted with burners
and circulating pumps for this purpose. The capacity of the decanters/preheating tank
shall be sufficient to preheat the binder required for the full day’s work.
The distributor burners shall be used only to make relatively small adjustments to the
binder temperature and shall not be used to raise the binder from ambient to spraying
temperature. Under no circumstances shall distributor burners be operated during the
spraying operation, or when the level of binder in the tank is less than 150 mm over the
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top of the flues, or when the distributor is moving. The need for end of day maintenance
of the distributor is emphasised to reduce fire risk and to ensure its adequate
performance when next used for binder application.
Maintenance of all equipment for the surface dressing operation shall be under the control of
a competent senior mechanic, approved by the Engineer and fully experienced in the
maintenance of all equipment and in the calibration of the bitumen distributor.
The Contractor shall provide all necessary traffic control equipment and shall inform the
engineer at least 14 days before commencing the surface dressing Work, of his detailed
arrangements for traffic control. After review the Engineer will inform the Contractor in
writing of his approval, subject to any modifications to the Contractor’s arrangements which
he requires for traffic and convenience of the public.
(7) Preparation of Surface
Add following paragraph before first paragraph:
If the surface to be treated contains holes or depressions, which in the opinion of the Engineer
require treatment such irregularities shall be repaired by removal of all loose and defective
material and replacement with a patching mixture compatible with the surrounding surface or
other material approved by the Engineer, which shall be compacted to produce a right surface
conforming with the adjacent area. Irregularities which impair the riding qualities of the
underlying surface shall be corrected as instructed by the Engineer.
(8) Application of Surface Dressing
Delete the sub clause and add the following:
Application of Binder
The specified bitumen binder, cut back if instructed by the Engineer, its application rate and
spraying temperature shall be instructed by the Engineer on Site after design of the surface
dressing, in accordance with the procedures set out in Chapter 5 of TRRL-ORN 3. The range
of spraying temperature for binders is given in TRRL-ORN 3, and is normally within the
range 140°C to 200°C.
The Contractor shall present his detailed programme and arrangements and methods for the
planning and execution of the surface dressing process to the Engineer for approval at least
28 days before he intends to commence this Work. The Contractor’s authorised
representative shall be responsible for preparation of the programmes and arrangements and
the Contractor shall not commence surface dressing until the Engineer has approved his
programme.
The Contractor shall base his programme on TRRL-ORN 3 - Section 7. The Surface Dressing
Process, Sub-Section 7.1 Planning and 7.2 The Surface Dressing Operation - by selecting the
activities appropriate to his particular Work Programme. The Contractor shall appoint a
surface dressing overseer approved by the Engineer who shall be fully competent to organise
and implement the surface dressing operation with experience in operating all essential
equipment.
All operations associated with the surface dressing process shall be described in the
Contractor’s arrangements and shall include but not be limited to :method of bitumen supply,
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decanting, cutting back where required, heating and storing, transfer to distributor including
lists of equipment and capacities; location and method of production of cover aggregates and
pre-coating with type and output of equipment, including crushers where appropriate; and
method of performing the surface dressing process including type and capacity/weight of all
main and ancillary items of equipment along with workforce details.
The Contractor shall provide, one day in advance, his following day’s surface dressing
Work Programme, including his expected spray lengths and widths for each run with details
of the quantity of cover aggregate available in approved chip spreaders standing by at the
commencement of the spray run. Spraying shall not commence until sufficient cover
aggregate is in this position to cover the area programmed for spraying.
The distributor shall be filled with preheated bitumen binder on the same day, shortly
before start of binder application. The distributor spray bar and jets shall be preheated by
circulating hot binder and the jets operated for at least 10 seconds for testing. This
operation shall be carried out before each spray run, off-road onto trays, or at a location
where no environmental damage will be created. Jets shall be inspected by the Engineer for
shape, direction, blockage or any other defects which shall be corrected before spraying is
permitted. At the end of each spray run the distributor shall be driven off-road to avoid
binder drippage on the pavement surface. Binder drippage from any location which may
contaminate the road surface shall be sufficient for the Engineer to order removal of the
offending source from the roadway until repairs are completed.
As emergency/temporary measures, drip protection of the pavement surface shall be
provided by use of buckets/trays etc. These shall be available for use at all times, along
with equipment for removal of binder spillages on the pavement surface, to the approval of
the Engineer.
The Contractor shall carry out a trial section of surface dressing at a location instructed by
the Engineer to demonstrate to the Engineer that his surface dressing operation is capable of
constructing the surface dressing in accordance with the Specification. The trial length shall
be minimum 200 meters using full spray bar width with full width application of cover
aggregate. If the trial section of surface dressing complies with the Specification, the
Contractor shall receive payment for the Work in accordance with the Contract as if it were
Permanent Work. If the trial section of surface dressing fails to comply with the
Specification, the Contractor shall carry out further trials until his surface dressing
operation complies with the Specification. No payment will be made for trial sections that
do not comply with the Specification.
When the Engineer is satisfied that the Contractor is capable of constructing surface
dressing that complies with the Specification after trial section or sections, the Contractor
will receive permission to commence surface dressing as permanent Work on the road
pavement.
Application of binder shall only be undertaken when the surface is dry or slightly damp, but
in no circumstances when wet. If in the opinion of the Engineer rainfall is likely before the
application of binder or cover aggregate or the temperature or the pavement surface has
time to fall below the specified minimum temperature of 15°C, the Engineer will instruct
the Contractor to delay surface dressing work until weather conditions are satisfactory.
Areas damaged by rainfall shall be rectified by the Contractor without additional payment,
in a manner instructed by the Engineer.
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If in the opinion of the Engineer the ambient temperature is too cold for surface dressing,
the Contractor shall delay this operation until the temperature increases to the specified
minimum level of 15°C.
Building paper or other approved protective material shall be used at the start and finish of
each spray run of sufficient width (not less than 600mm) to enable the distributor to reach
its calibrated road speed with spray jets open before discharging binder onto the pavement
under treatment. Ends of previous surface treatment runs shall be trimmed back to clean,
straight transverse edges and these shall form the start point for subsequent runs, with
completed work suitably protected as described above. Spray runs will be limited to 200
metres length initially until the Contractor demonstrates his ability to plan and execute
longer lengths. Spray widths shall be calculated allowing for 150mm longitudinal overlap
with adjoining passes and for the width that the following chipping spreader is able to
cover. Longitudinal sprayed butt joints will not be permitted. The Contractor shall submit
his spray width and length proposals to the Engineer for approval.
During spraying all passing traffic shall be stopped. If spray jets block, or the chipping
spreader stops, or any other event occurs which may affect the surface treatment process, then
the spray bar operator immediately shall stop spraying. When the defective equipment or
operation is rectified, spraying may restart with the Engineer’s approval.
To ensure that the spray runs are parallel with the road pavement the road centreline or
edgeline shall be marked every 25 metres and a string line laid out for the distributor driver to
follow with the guide bar attached to his side of the cab. The spraying width shall normally
be of one traffic lane width so as to enable vehicles to use other lane/ lanes. The lane to be
sprayed shall be clearly marked by traffic cones or other approved means; the Contractor
shall also provide barriers, warning signs and flag – men as directed by the Engineer so as to
exclude traffic from the works. No traffic shall be allowed to pas the works while binder is
being sprayed. Any areas seen to be un-sprayed or clearly deficient in binder shall be treated
by hand – application.
Where a second coat surface dressing is specified, the first coat surface dressing shall be left
open to traffic for a minimum period of two weeks and preferably a longer period before
applying the second coat surface dressing unless special approval is obtained from the
Engineer for a shorter period. Surplus chippings shall be removed by firm hand-brooming or
power-brooming before applying the second surface dressing.
The spraying widths shall be so selected that the centreline joint of the second surface
dressing is offset from that in the first surface dressing by a minimum 300 mm.
Hand-pouring pots or hand-lances shall be used to touch up carefully any parts of the first
surface missed by the distributor/chipping spreader, or for the treatment of areas in which the
distributor cannot operate and in this case only, chippings may be applied by an approved
manual method.
Areas damaged by excess bitumen or spillages of diesel or other deleterious material shall be
repaired by careful cutting out and removal followed by careful hand-poured or hand-lance
application of binder and chipping in a manner approved by the Engineer.
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The second surface dressing shall be undertaken when the first surface has been approved by
the Engineer after all surplus chippings are removed, repairs carried out and the surface
thoroughly cleaned as specified. The procedures to be followed are those specified for
Surface Dressing in this Specification.
Application of Cover Aggregate
The cover aggregate shall be applied at the rate instructed by the Engineer on Site in square
metres of coverage per cubic metre of loose aggregate after design of the surface dressing, in
accordance with procedures set out in Chapter 5 of TRRL-ORN 3.
The cover aggregate shall be applied immediately after the binder is applied and with the
approval of the Engineer may be applied slightly damp if not pre-coated to depress dust and
help adhesion. Aggregate applied to sprayed bitumen emulsion shall, however, be dry.
The cover aggregate shall be applied using approved mechanical spreaders, which shall be
tailgate mounted on tipper trucks, pushed spreaders or self-propelled spreaders, specifically
manufactured for the purpose and they shall preferably be metered. They shall be capable
of uniformly spreading cover aggregate at the instructed rate such that they can deliver the
rate specified whilst travelling at the same speed as the binder distributors during spraying.
The bitumen binder surface shall be covered with cover aggregate closely packed in one
layer so that adjacent chippings are touching and no bitumen binder is left uncovered.
A sufficient number of loaded spreaders shall be available at the start of binder application
to provide cover aggregate over the whole area programmed for spraying. Aggregate
spreading by manual methods will not be permitted except in circumstances where:
mechanical spreaders cannot operate effectively or safely;
additional aggregate (back-up work) is required;
breakdown of mechanical spreaders occurs during the spreading operations before stoppage
of spraying;
minor surface repairs are instructed.
The contractor shall ensure that chipping supply trucks are available such that at least one
truck load of chippings is available to replace an empty truck to prevent delays in the
spraying operation. Should it become apparent that the supply of chippings is about to fail,
spraying shall be immediately stopped and shall not resume until an adequate supply of
chippings is assured. The correct rate of spread of chippings is that which produces
complete coverage and is generally assessed visually.
The spreader shall follow the distributor at an interval not exceeding 10m for hot binder
work and not exceeding 5m when using bitumen emulsion binder. A back-up vehicle or
other approved means shall be constantly in attendance during surface dressing, from which
additional aggregate may be hand-applied to ensure complete and rapid coverage.
Where an adjoining pass of the distributor is required, no aggregate shall be applied to the
binder over a 150 - 200 mm strip so as to permit subsequent overlap.
Under no circumstances general brooming of the chipped surface will be permitted.
Aggregate spillage shall be removed with care and excess aggregates may be brushed off
carefully after a minimum of 3 days under traffic, after approval of the Engineer.
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The cover aggregate shall be rolled with pneumatic multi - tyred power rollers. The roller
shall follow directly behind the spreader and shall continue to roll at a speed of
approximately 8-10kph, so as to provide minimum 6 passes over the entire treated area.
Excessive rolling, resulting the crushing of chippings, shall be avoided. Each pass shall
overlap the previous pass by minimum half width of roller rolling shall be continued until
all cover aggregate particles are firmly bedded. Tyres shall be in good condition and be
kept clean and smooth to avoid pick-up of bitumen and chippings.
(9)
Aftercare and Control of Traffic
Delete the sub clause and add the following:
The road shall be opened to traffic at a controlled speed (30 km/hr max) after
completion of rolling.
The Contractor shall erect temporary traffic restriction signs, barriers and removable
bumps or any other device, as instructed by the Engineer, to prevent vehicles travelling more than 30
km / h over the newly laid surface dressing.
Where possible, the traffic shall be distributed across the road so as to obtain
uniform polishing of the road surface.
After traffic has been permitted to run on the surface dressing for a period of
at least three days and when instructed by the Engineer, all loose chippings shall be swept
and taken away. Windrows of loose chippings shall not be allowed to accumulate at the sides
of the road.
(11) Tolerances
Delete the content of the sub clause and add the followings:
The final average overall width of the surface dressing measured at six equidistant points over a
length of 100 m shall be at least equal to the width specified or instructed.
The actual rate of application of binder across the lane width shall not vary from the specified
rate by more than 5 % and shall be determined as follows:
(a)
Tray test during spraying (at least 2 per run)
(b)
Dipstick reading at the distributor tank (at least 3 per day)
Care shall be taken to select a level site to which the distributor can return for each dipstick
reading. The apparent rate of application obtained from binder used/ area sprayed calculations
shall be used to confirm tray test results. The results for any significant discrepancies shall be
determined.
The spreading rate for chippings shall also be checked using tray tests and shall be compared
with that determined by laboratory tests.
(12) Testing
(a) Process Control
Delete Table 13.7 and add the following:
Test
MATERIALS:
AGGREGATE:
Grading
Table 13.7 : Minimum Testing Frequency
Minimum number of tests
One test every 50 m3 or part of it and in every change of
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DROBHT/3373564/071/72-134
source
"
"
"
"
"
250 m3
"
"
"
"
"
"
"
500 m3
"
"
Initially one set of 3 specimens for each source of supply.
Subsequently when warranted by change in the quality of
aggregates
Two per day
Flakiness Index (FI)
Los Angeles (LAA)
Aggregate Impact Value (AIV)
Sodium Sulphate Soundness
Stripping Value
Rate of Application
BITUMINOUS BINDERS:
Quality of Binder
Binder
Temperature
Application
Rate of Application of binder
CONSTRUCTION TOLERANCES:
Width
Smoothness
for
The Contractor shall produce certificates from the
concerned all suppliers to the effect that all materials
supplied by them comply with the relevant
Specifications.
In addition, one set of tests for each 50,000 litres or part of
it of supply of binder
At close intervals
Two tests per run
One test each and every spray run
All apparently rough areas to be checked
(13) Measurement
Add following text before first paragraph:
The distributor shall be dipped and the binder temperature recorded before and after each
spray run and spray length and width recorded on approved Record Sheets. The hot
application rate shall be calculated and recorded and checked against the specified rate. The
calculated actual rate shall not vary by more than ±5% from the specified rate. The actual
quantity of binder sprayed corrected to 15.6°C shall be calculated.
At least eight clean pre-weighed metal spray trays shall be available for sampling the spray
rate for each spray run, to be used in accordance with TRRL-ORN 3 - Section 6.3 Method B if so instructed by the Engineer.
(14) Payment
Delete the content of the sub clause and add the following:
The binder i.e. bitumen and the cutter shall be paid as per their respective contract unit rate.
The contractor unit rate shall be the full and the final compensation for the cost of preparation
of surface to receive binder, heating, mixing with cutter, trial, spraying, wastage, spreading of
chippings including wastage, rolling, and rectification wherever required, compliance of all
provisions specified in Clause 1301 and 1303 in addition to those specified in Clause 112.
Chippings of each nominal size as specified shall be paid at their respective contract unit rate.
The contract unit rate shall be the full and the final compensation for the cost of compliance
of all provisions specified in Clauses 1301 and 1303 in addition to those specified in Clause
112.
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1313 Reinforced Asphalt Concrete Pavement
(1) General
This clause covers reinforced asphalt pavement composed of asphalt reinforcement
geogrid, binder and hot mix AC materials, placed on a prepared course in accordance with
these specifications and shall conform to the dimensions and typical cross section shown on
the Drawings and with lines, levels and grades established by the Engineer.
(2) Material
The material for asphalt reinforcement geo-grid shall be a reinforcing grid/fabric composite
and shall be manufactured in accordance with a Quality Management System which complies
with the requirements of BS EN ISO 9001:2000. If required by the Engineer, the Contractor
shall provide evidence that the manufacturer's Quality Assurance System has been certified to
conform to BS EN ISO 9001:2000 by an external authenticating authority approved by the
Department of Trade and Industry. The reinforcing grid/fabric composite shall comprise a
reinforcing grid thermally bonded to a paving fabric at the grid nodes.
The reinforcing grid/fabric shall be a non-woven geotextile manufactured from
polypropylene/polyester. It shall weigh approximately 130 gm/m2 and have a material
thickness, without load, of approximately 1mm. The maximum shrinkage of the fabric,
determined as the free relaxation in a forced circulation hot air oven at 150°C for 3 minutes,
shall be 2% in the longituadinal direction and 1% in the transverse direction.
The reinforcing grid/fabric shall be a grid manufactured from polypropylene sheet, oriented
in two directions so that the resulting ribs shall have a high degree of molecular orientation
which continues through the area of the integral node. The typical physical properties of the
asphalt reinforcement geogrid are as under:
Property
QC Strength (kN/m)
Value
longitudinal
20
traverse
20
Strain (%) at QC Strength
longitudinal
10
traverse
12
Loads (kN/m) at 2% strain longitudinal
7
traverse
8
Loads (kN/m) at 5% strain longitudinal
14
traverse
15
Polymer
Polypropylene grid polypropylene
geotextile
Minimum carbon black content of the grid (%)
2
Weight per unit area (Kg/m2)
0.22
Roll dimensions (m)
50 x 3.8
Asphalt reinforcement geogrid typical dimensions (mm)
Aperture
of
grid AL
65 mm
(longitudinal)
AT
65 mm
Aperture of grid (traverse) WLR
4.0 mm
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/
polyester
DROBHT/3373564/071/72-134
Width of rib of grid (at t1
center)
tLR
Thickness of node
tTR
Thickness
of
grid
(longitudinal)
Thickness of grid (traverse)
4.4 mm
0.8 mm
0.8 mm
Notes:
1. Determined in accordance with BS EN ISO 10319:1996 and as a lower
95% confidence limit in accordance with ISO 2602:1980 (BS 2846:
Part 2:1981)
2. Determined in accordance with BS 2782: Part 4: Method 452B:1993.
The typical strength of the nodes between the longitudinal and transverse ribs of the
reinforcing grid, as determined by the Geo-synthetics Research Institute, Drexel University,
USA, Test Method GG2-87, shall be not less than 95% of the Quality Control Strength in
both longitudinal and transverse directions.
The reinforcing element shall be inert to all chemicals naturally found in soils and shall have
no solvents at ambient temperature. It shall not be susceptible to hydrolysis, shall be resistant
to aqueous solutions of salts, acids and alkalis, shall be non-biodegradable and shall have a
minimum of 2% finely divided carbon black, as determined by BS 2782:Part 4:Method
452B:1993, well dispersed in the polymer matrix to inhibit attack by ultra violet light. It shall
be non-corrodible so it will not be affected by spillage of oils and fuel or be attacked by deicing salts. It is also thermally stable and can be safely installed within asphalt at 165oC
without significant change in geometry and physical properties.
(3) Storage, Preparation and Installation
(i) Storage
The asphalt reinforcement geo-grid material shall be stored on site under cover to prevent
water ingress. The protective polyethylene sleeve shall be left in place around the roll until
the product is to be used. Rolls shall not be stacked more than 3 rolls high.
(ii) Surface Preparation
The surface onto which the asphalt reinforcement geo-grid is to be laid shall be even, dry and
free of dust and other loose materials. Cracks wider than 3 mm should be sealed with a
suitable sealant. Unevenly planed or broken surfaces should be regulated with a suitable
asphalt mix. The installation shall not be carried out in the rain.
(iii) Tack Coat
The bonding coat should be sprayed onto the surface at a uniform rate. The indicative amount
of bituminous material for the tack coat shall be as indicated below. The exact amount shall
be as ordered by the Engineer, after field trials and shall take into account the quantity of
volatile solvent present in the cutback.
The types, grades, controlling specifications, and application temperatures for the bituminous
materials shall be as indicated below. The Engineer shall approve the specific material to be
used.
1.1 litres/m2 for 80/100 pen pure bitumen confirming to BS EN 12591:1999, or
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DROBHT/3373564/071/72-134
1.5 litres/m2 for rapid set bitumen emulsion conforming to BS434 (1989), K1-70 or similar
hot emulsions to produce a residual bitumen content of 1.1 litres/m2
The tack coat shall be applied by bitumen distributor as per Section 1300 of the technical
specifications. The minimum allowable air temperature at the time of applying the bitumen
bonding coat shall be 50C and rising for pure bitumen and +100C for bitumen emulsion.
(iv) Installation of Asphalt Reinforcement Geo-grid by Mechanical Means
The asphalt reinforcement geo-grid shall be laid, with the glass filaments upwards,
immediately after the bonding coat application. Mechanical installation shall involve the use
of a purpose-built lay down frame. It must ensure that asphalt reinforcement geo-grid is held
firmly under tension and is pressed firmly onto the sprayed surface.
(a) The fabric shall be coincident with the edge of the grid and adjacent rolls of asphalt
reinforcement geo-grid should be overlapped by two apertures i.e. approx. 130 mm.
(b) Before forming the overlap, the zone of the overlap shall be sprayed with an additional
amount of bitumen at a rate of 0.4 to 0.5 l/sqm of residual bitumen. Spraying must not go
beyond the overlap zone. Use of excessive bonding coat shall be avoided to prevent
bleeding.
(c) Once the adjacent roll has been installed the overlap zone must be manually stippled with
a stiff broom to ensure that the two layers are fully bonded without voids. After the bitumen
has cured, the overlap shall be checked to ensure that full bonding has occurred and any loose
areas shall be made good with additional bitumen and the area re-stippled. The transverse
overlaps between successive rolls are similar in detail to the longitudinal overlaps. If the grid
curls then nominal Hilti type fixings may be required at this Joint, particularly in cold
weather.
(d) The longitudinal overlaps between adjacent lengths shall not be coincident with the wheel
path. The asphalt reinforcement geo-grid shall be laid across the entire width of the pavement
prior to paving.
(e) Only essential paving traffic shall be allowed onto the treated area prior to the paving
operation.
(f) Paving shall commence as soon as the bitumen has fully cured and the asphalt
reinforcement geo-grid has been bonded completely to the pavement. If the asphalt
reinforcement geo-grid surface becomes wet during the installation process it must be
allowed to dry completely before paving commences.
(g) If the asphalt reinforcement geo-grid is seen to move during paving then operations must
stop and corrective measure taken to prevent this happening.
(v) Installation of Asphalt Reinforcement Geo-grid manually
The asphalt reinforcement geo-grid must be laid, with the glass filaments upwards,
immediately after the bonding coat application.
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DROBHT/3373564/071/72-134
(a) Unroll the asphalt reinforcement geo-grid by hand having first inserted a suitable metal
tube through the roll core to prevent bowing, which shall take place immediately after
spraying the bonding coat, onto the sprayed surface. This shall involve light tension to ensure
that no wrinkles are formed.
(b) The asphalt reinforcement geo-grid shall be fully bonded by vigorous brushing with stiff
brooms.
(c) The fabric shall be coincident with the edge of the grid and adjacent rolls of asphalt
reinforcement geo-grid should be overlapped by two apertures i.e. approx. 130 mm.
(d) Before forming the overlap, the zone of the overlap shall be sprayed with an additional
amount of bitumen at a rate of 0.4 to 0.5 l/sqm of residual bitumen. Spraying must not go
beyond the overlap zone. Use of excessive bonding coat shall be avoided to prevent
bleeding.
(e) Once the adjacent roll has been installed the overlap zone must be manually stippled with
a stiff broom to ensure that the two layers are fully bonded without voids. After the bitumen
has cured, the overlap shall be checked to ensure that full bonding has occurred and any loose
areas shall be made good with additional bitumen and the area re-stippled. The transverse
overlaps between successive rolls are similar in detail to the longitudinal overlaps. If the grid
curls then nominal Hilti type fixings may be required at this Joint, particularly in cold
weather.
(f) The longitudinal overlaps between adjacent lengths shall not be coincident with the wheel
path. The asphalt reinforcement geo-grid shall be laid across the entire width of the pavement
prior to paving.
(g) Only essential paving traffic shall be allowed onto the treated area prior to the paving
operation.
(h) Paving shall commence as soon as the bitumen has fully cured and the asphalt
reinforcement geo-grid has been bonded completely to the pavement. If the asphalt
reinforcement geo-grid surface becomes wet during the installation process it must be
allowed to dry completely before paving commences.
(i) If the asphalt reinforcement geo-grid is seen to move during paving then operations must
stop and corrective measure taken to prevent this happening.
(j) The asphalt reinforcement geo-grid shall be laid as chords on a curve. Chord lengths will
be dependent on the curve radius.
(vi) Hot Mix Asphalt Concrete for Asphalt Reinforcement Geo-grid
The hot mixed asphalt concrete material covering the asphalt reinforcement geo-grid shall be
placed and compacted by a mechanical paver to a specified minimum rolled thickness and at
a recommended maximum paving temperature of 1650C.
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DROBHT/3373564/071/72-134
The specifications of hot mixed asphalt concrete shall be as per Section 1300 of the Technical
Specifications.
(4) Process Control
Minimum frequency of tests for process control shall be as mentioned in the following Table
below:
Test
Quality of
reinforcement
and binder
Minimum Number of Tests
asphalt The Contractor shall produce certificates from all suppliers
geo-grid to the effect that all materials supplied by them comply
with the relevant Specifications. In addition, one set of
quality tests for each 50,000 liters or part of it of supply of
Penetration test of binder binder.
Control of Temperature
Daily
One test for each 500 sqm of asphalt paving or as
specified.
Construction Tolerance
of asphalt reinforcement
geo-grid paving:
(5) Trial Section
Compaction
Surface levels
Smoothness
One test for each 500 sq. m. or part of it
Every 10 m or at close intervals
Every 50 sqm or at close intervals
(4) Trail Section
Before the Contractor commences with the construction of any reinforced asphalt pavement,
he shall demonstrate, by laying a trial section 100 sqm in area, that the equipment and
processes that he proposes to use, will enable him to construct the particular reinforced
asphalt paving in accordance with the specified requirements.
Only when such a trial section has been satisfactory laid and finished, and complies with the
specified requirements, then the Contractor will be allowed to commence with construction
of the permanent work.
If the Contractor wishes to make any alternations in the methods, processes, equipment or
materials used, or if he is unable to comply consistently with the Specifications, the Engineer
may require the Contractor to lay further trial sections using proposed methods processes
equipment etc. before allowing him to continue with the permanent work.
The intention of this clause is to avoid any experimentation by the Contractor on the
permanent work.
The trial sections shall be laid where indicated by the Engineer. The Contractor shall prepare
the surface on which to lay the trail section and shall also, if required, remove the trial section
after completion and restore the surfaces on which if was constructed.
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DROBHT/3373564/071/72-134
(6) Contractor's Responsibility of Materials
Samples of the asphalt reinforcement geo-grid, binder and hot mix asphalt concrete (AC)
materials that the Contractor proposes to use, together with a statement of their source and
character shall be submitted to the Engineer and his approval shall be obtained before use of
such materials. The Contractor shall require the manufacturer or producer of the asphalt
reinforcement geo-grid, hot mix AC mixture and aggregate materials to furnish materials
subject to this and all other pertinent requirements of the Contract. Only those materials,
which have been tested and approved for the intended use, shall be acceptable.
The Engineer or his authorized representative shall have access, at all times to all storage of
asphalt reinforcement geo-grid, parts of the paving plant for the purpose of inspecting the
equipment, the conditions and operations of the plant, for the verification of weights or
proportions and character of materials, and to determine the temperatures maintained in the
preparation of the mixtures.
The Contractor shall furnish certified tests for each consignment of asphalt reinforcement
geo-grid material shipped to the project. The report shall be delivered to the Engineer and
approved by him before use of the material is permitted. The furnishing of the certified test
report for the asphalt reinforcement geo-grid material shall not be subject to verification by
testing sample materials received for use on the project.
(7) Measurement for Payment
The measurement of asphalt reinforcement geo-grids will be in square meter, binder for tack
coat in litres and hot mix AC materials in Cu.m incorporated into the work and approved by
the Engineer.
No separate measurement shall be made for overlaps as required for asphalt reinforcement
geo-grids.
No deduction shall be made for bituminous material incorporated into necessary temporary
transverse or longitudinal ramping.
No separate measurement shall be made for field trial sections prepared by the Contractor for
inspection and approval by the Engineer.
Tack coat shall be measured and paid as per clause 1300
(8) Basis of Payment
Payment will be made at the contract unit rates per square meter of asphalt reinforcement
geo-grid, per litre of binder, per Cu.m for hot mix AC pavement courses placed within the
lines and grades shown on the Drawings and as specified herein. Such payment shall be full
compensation for furnishing all materials, including asphalt reinforced geo-grid, binder,
aggregates and asphalt cement, mix designs, preparation, mixing, hauling and placing
bituminous pavement material, and for all labour, equipment, tools and incidentals necessary
to complete the item. The cost of importing, using and exporting the Contractor's mixing
plant shall be included in the unit rate per Cu.m. No separate payment shall be made for any
field trials and additional materials required in making overlaps as required in case of asphalt
reinforcement geo-grid.
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DROBHT/3373564/071/72-134
Payment asphalt reinforced geo-grid, tack coat and hot mix AC will be made at the contract
unit prices in the Bill of Quantities and shall be full compensation for materials, labour, tools,
equipment and incidentals necessary to complete the work.
SECTION 1400 : KERBS AND FOOTPATHS
1401 Concrete Kerbs
(2) Material
The kerbs shall be in cement concrete grade of M25/20 in accordance with Section 2000.
These shall be pre-cast concrete blocks.
(3) Laying
Delete both paragraphs and add the following:
The kerbs shall be laid on cement concrete as indicated in the drawing. The concrete shall be
of grade 25/20 in accordance with Section 2000 laid to the exact lines, dimensions and levels
as shown in the drawings and well compacted by ramming or other means.
(5) Measurement
Delete second sentence and add the following:
No separate measurement will be made for concrete foundation.
Add following after “foundation ...” in third sentence of first paragraph :
Including cutting of existing pavement, if any
(6) Payment
Delete second paragraph and add the following:
No separate payment will be made for foundation concrete. It shall be deemed included in the
payment of the kerbs.
SECTION 1500 : TRAFFIC SIGNS, ROAD MARKING, ROAD MARKER STONES AND DELINEATORS
1501 Permanent Traffic Signs
(11) Payment
Add the following additional paragraph at the end of this sub-clause:
“The bills of Quantities provide for two classes of sign for payment purposes:
i) single post
ii) double post
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DROBHT/3373564/071/72-134
“All signs supported by a single post shall be classed as “single post”
“All signs supported by two or more posts shall be classified as “double post”.
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DROBHT/3373564/071/72-134
SECTION 2000 : CONCRETE FOR STRUCTURES
2006 Transportation of Concrete
In the last paragraph delete from the end of first sentence “…shall not be longer than the
initial setting time of the concrete” and add the following:
“.. shall not be longer than 45 minutes. At the discretion of the Engineer, when the ambient
air temperature is below 30 degrees Centigrade and conditions are suitable this period may be
increased to 90 minutes but in no case shall it be longer than the initial setting time of the
concrete.”
2007 Placing of Concrete
(3) Placing Procedures
In the first sentence delete “…as nearly as possible in its final position.” and add:
“…as nearly as possible to and in no case more than 3 metres from its final position.”
Add to the 7th Paragraph as a final sentence.
“In no case shall concrete be discharged from such devices at a height of more than 1.5
metres above its place of final disposition.”
2017 Measurement
(4) Reinforcement
Delete ”All types of reinforcement shall be measured in metric tonnes in the given ranges:”
together with the three bullet ranges and add the following:
”All types of reinforcement shall be measured in metric tonnes irrespective of bar diameter”
2018 Payment
(2) Admixtures, Workability and Hardening Agent
Delete entire paragraph and add the following:
No separate payment shall be made for these agents and all costs in connection with these
agents shall be considered included in the respective items of work provided in the Bills of
Quantities.
(5) Payment for Sub-standard Works
Delete all paragraphs.
SECTION 2400 : MISCELLANEOUS STRUCTURES
2401 Gabions
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DROBHT/3373564/071/72-134
(1) Scope
Delete "This clause covers the furnishing of materials and construction of gabion works…."
and add the following:
"This clause covers the furnishing of materials, reuse of salvaged materials and construction
of gabion works…."
(2) Materials
(b) Gabions
In table 24.2 in the first column of the last row replace "114 x 128" with "104 x 128"
(3) Construction of Gabions
(a) General Requirements
Add as additional last paragraph:
"Where salvaged materials are to be used they shall meet the requirements of this
Specification and are subject to written approval of the Engineer"
(4) Test and Standard of Acceptance
Delete the whole paragraph of (c) and (d)
(5) Measurement
Replace all paragraphs with the followings:
"Supply and stone filling in gabions including supply and fixing in position of gabion wire
mesh boxes and/ or mattresses with necessary binding, selvedge and tension wires as
specified shall be measured altogether in cu m."
The reusable stone filling shall be measured separately in cu. m"
(6) Payment
Supply and fixing in position of gabion wire mesh boxes and/ or mattresses with necessary
binding, selvedge and tension wires as specified including supply and filling stone in
gabions/mattresses shall be paid as per respective contract unit rate which shall be the full
and the final compensation to the Contractor as per Clause 112 to complete the work in
accordance with these Specifications.
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DROBHT/3373564/071/72-134
2404 Sub-Surface Drains
(6) Measurement
Delete all paragraphs and substitute with the following:
All activities under Sub-surface drain shall be measured as described below:
Earth work excavation in Cu.m.
Filter material in Cu.m.
Geo-textile in Sq. m.
Drain Pipe (Perforated HDPE pipe) in R.m.
(7) Payment
Delete the paragraph and substitute with the following:
Earth work excavation,
filter material, Geo-textile, Drain Pipe (Perforated HDPE pipe)
under Sub-surface drains shall be paid at the respective contract unit rates. The contract unit
rates shall be the full and the final compensation to the Contractor as per Clause 112 to
complete the works as per these Specifications.
2406 Scour Protection and River Training Works
(3) Rip Rap
(b) Test and Standards of Acceptance
Delete last five sentences after "….for every source of material"
(5) Pitching/Revetment on Slopes
(a) Dry Stone Pitching
(ii) Test and Standards of Acceptance
Delete the whole text of second and third paragraphs
SECTION 2600 : MASONRY FOR STRUCTURES
2603(1)
General
Add the words “levelled, compacted” after the word “cleaned” in the first sentence of fourth
paragraph.
Replace the first paragraph of "Cl 2603 (3) Pointing" by the following:
"In all stone masonry works, where pointing is not instructed to carry out, the mortared joints
shall be finished flush to the faces of the adjacent stone work."
2610 Test and Standards of Acceptance
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DROBHT/3373564/071/72-134
Delete the whole text of second and third paragraphs.
SECTION 2900 : MAINTENANCE WORKS
Add New Clause 2911
2911 Overlaying Asphalt Concrete /Crushed Stone/ Granular Base onto the Existing
Pavement
(1) General
When the existing pavement thickness is inadequate to cope up the present or estimated
traffic on the road, the existing pavement thickness needs to be increased by overlaying
additional materials onto it. Some times upper layer of the existing pavement is replaced with
another layer of some structure or material having superior specification
(2) Materials
Material to be used for overlaying shall be as per the relevant clauses of the specifications.
(3) Construction
If the existing carriageway surface has no bituminous surface, the method of construction
described in Cl 2904 or as directed by the Engineer shall be followed.
In case the existing carriageway surface has bituminous surfacing like SBSD /DBSD /
Penetration Macadam or asphalt concrete, then the method of construction shall vary from
case to case
If the existing carriageway surface has bituminous surfacing of SBSD /DBSD with severe
cracks, damages and undulations the existing surfacing shall be scarified and the
contaminated materials i.e. materials containing bituminous surfacing shall be removed from
the carriageway surface. After this the remaining surface shall be loosened for bonding with
the new material to be laid onto it. The new materials shall be placed and compacted as per
the relevant clauses of the specifications.
If the surface is not severely damaged and has comparatively less crack, the surface shall be
hacked for bonding with the new materials to be laid on to it. The depth of the hacking shall
be 50~100mm and the spacing shall vary between 300mm and 400mm, as instructed by the
Engineer. The contaminated / loose materials shall be removed from the surface and new
materials shall be added onto it. Then compaction shall be applied as per the relevant clauses
of the specifications.
If the design requires that the upper layer is to be replaced by superior materials, the upper
layer shall be excavated and removed from the surface as per design and the surface shall be
prepared for laying new materials as per the relevant clauses of the specifications.
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DROBHT/3373564/071/72-134
In all cases selection of suitable equipment for scarification, excavation or hacking shall be
made to suit the nature of the works to be done.
(4) Measurement
There will be no separate measurement of scarification and / or hacking
The replacement of upper layer of Penetration Macadam or asphalt concrete shall be
measured in cu. m. For this spot levels at five points across the longitudinal centre line of the
road i.e. at the centre, at the both edges and at the middle between edge and centre of the road
surfacing shall be recorded jointly by the Engineer and the Contractor before the start of the
excavation or cutting and after preparation of the surface before laying fresh materials onto it.
(5) Payment
Scarification and/ or hacking shall not be paid separately. The cost for this operation shall be
deemed to be included in the contract rate of the materials, which shall be laid onto the
prepared surface.
The cost of excavation and removal of Penetration Macadam or asphalt concrete shall be paid
per cu. m, which shall be the full and the final compensations to the contractor.
Section 3100: Miscellaneous Works
SECTION 3100 : MISCELLANEOUS WORKS
3109 Weep Holes
Add “stone masonry” after “plain/ reinforced concrete” in the second sentence of the
paragraph of sub clause (1) and delete the third sentence of the same paragraph.
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Part 2:
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Appendices to Special Provisions
APPENDICES TO SPECIAL PROVISIONS
List of Appendices
Appendix 1:
List of Standards
Appendix 2:
Project Signboard
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APPENDIX 1: LIST OF STANDARDS
The Contractor shall provide for the use of the Engineer, in accordance with the
Specifications, copies of the latest editions of the following Standards, Publications and
Codes of Practice; or copies of manuals containing details of these Standards:NEPAL STANDARDS (NS)
NS 169-2045 (1988) Requirements for mild steel wire (for Gabions)
INDIAN STANDARDS (IS)
IS: 73 – 1992
IS: 217 - 1988
IS: 1597–1992
IS: 2116–1980
IS: 2250-1981
IS: 2386-1963
Paving Bitumen Specification
Cutback Bitumen- Specification
Code of Practice for construction of stone masonry
Part 1 : Rubble stone masonry
Sand for masonry mortars
Method of Test for cement mortar
Method of Test for Aggregates (Parts 1-6)
BRITISH STANDARDS (BS)
BS 1707: 1989
Transverse Distribution Test of Binder
All standards provided shall become the property of the Employer on completion of the
contract.
OTHER PUBLICATIONS
In addition, the Contractor is to be familiar with and be able to provide, in part or in full or
photocopies where possible, to the Engineer on a temporary basis the latest editions of the
following Standards and/or Publications, which are mentioned in the most relevant Sections
of the Standard Specifications for Road and Bridge Works, when so requested.
NEPAL STANDARDS (NS)
NS: 40 -2040 (1983) Specification for High Density Polythene Pipes
NS: 163-2045 (1988) Specification for Smooth Wire
INDIAN PUBLICATIONS & STANDARDS
IS: 432-1982
IS: 4031
Mild steel and medium tensile steel bars and hard-drawn
steel wire for concrete reinforcement
Method of Test for Cement, Parts 2,3,5 & 6
BRITISH PUBLICATIONS
Overseas Road Notes (ORN) -published by Overseas Unit, Transport and Road Research
Laboratory UK
ORN No 3, “A Guide to Surface Dressing in Tropical and Sub tropical Countries”
ORN No we31, “A Guide to Structural Design of Bitumen-Surfaced roads in Tropical and
Sub-Tropical Countries”
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Part 2:
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APPENDIX 2 PROJECT SIGNBOARD
The Contractor shall provide and erect at the beginning and end of each section of Project
road a signboard approx. 2.50 m wide by 1.80 m high with the wording in Nepali or English.
Final details to be agreed with the Engineer (see drawing).
The board is to be made of galvanised steel; the lettering and border are to be in black on
yellow background. The lower edge of the board shall be at approx. 1.20 m above adjacent
ground and shall be mounted on suitable posts with struts on concrete foundations. The paint
to be used shall be sunshine resistant paint.
The Contractor will be responsible for the repair and maintenance of the signboards up to the
completion of all construction works.
The Engineer will direct the location and placing of the signboards.
GOVERNMENT OF NEPAL
MINISTRY OF PHYSICAL PLANNING AND WORKS
DEPARTMENT OF ROADS
ROAD SECTOR DEVELOPMENT PROJECT
……………………………………………………(NAME)
COMPLETION
:
_________________ (DATE)
CONTRACTOR
:
_________________ (NAME)
:
CONSULTANT
:
:
_________________ (ADDRESS)
_________________ (NAME)
_________________ (ADDRESS)
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Part 2:
DROBHT/3373564/071/72-134
Drawings
Attached in separate volume
Drawings
Part 3:
DROBHT/3373564/071/72-134
PART 3 – Conditions of Contract and
Contract Forms
3-1
Part 3: Section VII:
DROBHT/3373564/071/72-134
General Conditions of Contract
Section VII. General Conditions of Contract
These General Conditions of Contract (GCC), read in conjunction with the Particular
Conditions of Contract (PCC) and other documents listed therein, should be a complete
document expressing fairly the rights and obligations of both parties.
These General Conditions of Contract have been developed on the basis of considerable
international experience in the drafting and management of contracts, bearing in mind a trend
in the construction industry towards simpler, more straightforward language.
The GCC can be used for both smaller admeasurement contracts and lump sum contracts.
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DROBHT/3373564/071/72-134
Table of Clauses
A. General ................................................................................................................................5
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Definitions .....................................................................................................5
Interpretation .................................................................................................7
Language and Law ........................................................................................8
Project Manager’s Decisions .........................................................................8
Delegation .....................................................................................................8
Communications ............................................................................................8
Subcontracting ...............................................................................................8
Other Contractors ..........................................................................................8
Personnel and Equipment ..............................................................................9
Employer’s and Contractor’s Risks ...............................................................9
Employer’s Risks ..........................................................................................9
Contractor’s Risks .......................................................................................10
Insurance .....................................................................................................10
Site Data ......................................................................................................10
Contractor to Construct the Works ..............................................................10
The Works to Be Completed by the Intended Completion Date .................10
Approval by the Project Manager ...............................................................11
Safety ...........................................................................................................11
Discoveries ..................................................................................................11
Possession of the Site ..................................................................................11
Access to the Site ........................................................................................11
Instructions, Inspections and Audits ...........................................................12
Appointment of the Adjudicator..................................................................12
Procedure for Disputes ................................................................................12
B. Time Control .............................................................................................................. 13
25.
26.
27.
28.
29.
30.
Program .......................................................................................................13
Extension of the Intended Completion Date ...............................................13
Acceleration.................................................................................................14
Delays Ordered by the Project Manager .....................................................14
Management Meetings ................................................................................14
Early Warning .............................................................................................14
C. Quality Control ......................................................................................................... 14
31.
32.
33.
34.
Identifying Defects ......................................................................................14
Tests.............................................................................................................15
Correction of Defects ..................................................................................15
Uncorrected Defects ....................................................................................15
D. Cost Control............................................................................................................... 15
35.
36.
Contract Price ..............................................................................................15
Changes in the Contract Price .....................................................................15
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DROBHT/3373564/071/72-134
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
Variations ....................................................................................................16
Cash Flow Forecasts ....................................................................................16
Payment Certificates....................................................................................17
Payments .....................................................................................................17
Compensation Events ..................................................................................18
Tax ...............................................................................................................19
Currencies ....................................................................................................19
Price Adjustment .........................................................................................19
Retention .....................................................................................................20
Liquidated Damages ....................................................................................20
Bonus ...........................................................................................................20
Advance Payment ........................................................................................20
Securities .....................................................................................................21
Dayworks.....................................................................................................21
Cost of Repairs ............................................................................................21
E. Finishing the Contract .............................................................................................. 22
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.1
63.2
63.3
63.4
63.5
63. 6
64.
65.
66.
Completion ..................................................................................................22
Taking Over .................................................................................................22
Final Account ..............................................................................................22
Operating and Maintenance Manuals ..........................................................22
Termination .................................................................................................22
Fraud and Corruption ..................................................................................23
Payment upon Termination .........................................................................24
Property .......................................................................................................25
Release from Performance ..........................................................................25
Suspension of Bank Loan or Credit ............................................................25
Project manager's Duties and Authorities…………………………………….33
General ........................................................................................................32
Staff Income Tax ........................................................................................32
Import License .............................................................................................32
Duties on Equipment and Plant. ..................................................................33
Duties on Materials and Supplies ...............................................................35
Import of Vehicles, Construction Plants etc. ..............................................35
Performance Evaluation of contractor .........................................................35
Quarries and Spoil Dumps ..........................................................................35
Safety, Security and Environment & Social Safeguard Requirements .......36
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DROBHT/3373564/071/72-134
A. General
1. Definitions
1.1
Boldface type is used to identify defined terms.
(a)
The Accepted Contract Amount means the amount
accepted in the Letter of Acceptance for the execution
and completion of the Works and the remedying of any
defects.
(b)
The Activity Schedule is a schedule of the activities
comprising the construction, installation, testing, and
commissioning of the Works in a lump sum contract. It
includes a lump sum price for each activity, which is used
for valuations and for assessing the effects of Variations
and Compensation Events.
(c)
The Adjudicator is the person appointed jointly by the
Employer and the Contractor to resolve disputes in the
first instance, as provided for in GCC 23.
(d)
Bank means the financing institution named in the PCC.
(e)
Bill of Quantities means the priced and completed Bill of
Quantities forming part of the Bid.
(f)
Compensation Events are those defined in GCC Clause
41 hereunder.
(g)
The Completion Date is the date of completion of the
Works as certified by the Project Manager, in accordance
with GCC Sub-Clause 52.1.
(h)
The Contract is the Contract between the Employer and
the Contractor to execute, complete, and maintain the
Works. It consists of the documents listed in GCC SubClause 2.3 below.
(i)
The Contractor is the party whose Bid to carry out the
Works has been accepted by the Employer.
(j)
The Contractor’s Bid is the completed bidding document
submitted by the Contractor to the Employer.
(k)
The Contract Price is the Accepted Contract Amount
stated in the Letter of Acceptance and thereafter as
adjusted in accordance with the Contract.
(l)
Days are calendar days; months are calendar months.
(m)
Dayworks are varied work inputs subject to payment on a
time basis for the Contractor’s employees and
Equipment, in addition to payments for associated
Materials and Plant.
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DROBHT/3373564/071/72-134
(n)
A Defect is any part of the Works not completed in
accordance with the Contract.
(o)
The Defects Liability Certificate is the certificate issued
by Project Manager upon correction of defects by the
Contractor.
(p)
The Defects Liability Period is the period named in the
PCC pursuant to Sub-Clause 33.1 and calculated from
the Completion Date.
(q)
Adjudicator means the single person appointed under
Clause 23.
(r)
Drawings means the drawings of the Works, as included
in the Contract, and any additional and modified
drawings issued by (or on behalf of) the Employer in
accordance with the Contract, include calculations and
other information provided or approved by the Project
Manager for the execution of the Contract.
(s)
The Employer is the party who employs the Contractor to
carry out the Works, as specified in the PCC.
(t)
Equipment is the Contractor’s machinery and vehicles
brought temporarily to the Site to construct the Works.
(u)
“In writing” or “written” means hand-written, typewritten, printed or electronically made, and resulting in a
permanent record;
(v)
The Initial Contract Price is the Contract Price listed in
the Employer’s Letter of Acceptance.
(w)
The Intended Completion Date is the date on which it is
intended that the Contractor shall complete the Works.
The Intended Completion Date is specified in the PCC.
The Intended Completion Date may be revised only by
the Project Manager by issuing an extension of time or an
acceleration order.
(x)
Materials are all supplies, including consumables, used
by the Contractor for incorporation in the Works.
(y)
Plant is any integral part of the Works that shall have a
mechanical, electrical, chemical, or biological function.
(z)
The Project Manager is the person named in the PCC
(or any other competent person appointed by the
Employer and notified to the Contractor, to act in
replacement of the Project Manager) who is responsible
for supervising the execution of the Works and
administering the Contract.
(aa)
PCC means Particular Conditions of Contract
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DROBHT/3373564/071/72-134
2. Interpretation
(bb)
The Site is the area defined as such in the PCC.
(cc)
Site Investigation Reports are those that were included in
the bidding documents and are factual and interpretative
reports about the surface and subsurface conditions at the
Site.
(dd)
Specification means the Specification of the Works
included in the Contract and any modification or addition
made or approved by the Project Manager.
(ee)
The Start Date is given in the PCC. It is the latest date
when the Contractor shall commence execution of the
Works. It does not necessarily coincide with any of the
Site Possession Dates.
(ff)
A Subcontractor is a person or corporate body who has a
Contract with the Contractor to carry out a part of the
work in the Contract, which includes work on the Site.
(gg)
Temporary Works are works designed, constructed,
installed, and removed by the Contractor that are needed
for construction or installation of the Works.
(hh)
A Variation is an instruction given by the Project
Manager which varies the Works.
(ii)
The Works are what the Contract requires the Contractor
to construct, install, and turn over to the Employer, as
defined in the PCC.
2.1
In interpreting these GCC, words indicating one gender include
all genders. Words indicating the singular also include the plural
and words indicating the plural also include the singular.
Headings have no significance. Words have their normal
meaning under the language of the Contract unless specifically
defined.
The Project Manager shall provide instructions
clarifying queries about these GCC.
2.2
If sectional completion is specified in the PCC, references in the
GCC to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than
references to the Completion Date and Intended Completion
Date for the whole of the Works).
2.3
The documents forming the Contract shall be interpreted in the
following order of priority:
(a)
Agreement,
(b)
Letter of Acceptance,
(c)
Contractor’s Bid,
(d)
Particular Conditions of Contract,
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DROBHT/3373564/071/72-134
(e)
General Conditions of Contract,
(f)
Specifications,
(g)
Drawings,
(h)
Bill of Quantities,9 and
(i)
any other document listed in the PCC as forming part of
the Contract.
3. Language and
Law
3.1
The language of the Contract and the law governing the Contract
are stated in the PCC.
4. Project
Manager’s
Decisions
4.1
Except where otherwise specifically stated, the Project Manager
shall decide contractual matters between the Employer and the
Contractor in the role representing the Employer.
5. Delegation
5.1
Otherwise specified in the PCC, the Project Manager may
delegate any of his duties and responsibilities to other people,
except to the Adjudicator, after notifying the Contractor, and
may revoke any delegation after notifying the Contractor.
6. Communications
6.1
Communications between parties that are referred to in the
Conditions shall be effective only when in writing. A notice
shall be effective only when it is delivered.
7. Subcontracting 7.1
The Contractor may subcontract with the approval of the Project
Manager, but may not assign the Contract without the approval
of the Employer in writing. Subcontracting shall not alter the
Contractor’s obligations.
8.1
The Contractor shall cooperate and share the Site with other
contractors, public authorities, utilities, and the Employer
between the dates given in the Schedule of Other Contractors, as
referred to in the PCC. The Contractor shall also provide
facilities and services for them as described in the Schedule. The
Employer may modify the Schedule of Other Contractors, and
shall notify the Contractor of any such modification.
8. Other
Contractors
9
In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”
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9. Personnel and
Equipment
9.1
The Contractor shall employ the key personnel and use the
equipment identified in its Bid, to carry out the Works or other
personnel and equipment approved by the Project Manager. The
Project Manager shall approve any proposed replacement of key
personnel and equipment only if their relevant qualifications or
characteristics are substantially equal to or better than those
proposed in the Bid.
9.2
If the Project Manager asks the Contractor to remove a person
who is a member of the Contractor’s staff or work force, stating
the reasons, the Contractor shall ensure that the person leaves the
Site within seven days and has no further connection with the
work in the Contract.
10. Employer’s
and
Contractor’s
Risks
10.1 The Employer carries the risks which this Contract states are
Employer’s risks, and the Contractor carries the risks which this
Contract states are Contractor’s risks.
11. Employer’s
Risks
11.1 From the Start Date until the Defects Liability Certificate has
been issued, the following are Employer’s risks:
(a)
(b)
The risk of personal injury, death, or loss of or damage to
property (excluding the Works, Plant, Materials, and
Equipment), which are due to
(i)
use or occupation of the Site by the Works or for the
purpose of the Works, which is the unavoidable result
of the Works or
(ii)
negligence, breach of statutory duty, or interference
with any legal right by the Employer or by any person
employed by or contracted to him except the
Contractor.
The risk of damage to the Works, Plant, Materials, and
Equipment to the extent that it is due to a fault of the
Employer or in the Employer’s design, or due to war or
radioactive contamination directly affecting the country
where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability Certificate
has been issued, the risk of loss of or damage to the Works,
Plant, and Materials is an Employer’s risk except loss or damage
due to
(a)
a Defect which existed on the Completion Date,
(b)
an event occurring before the Completion Date, which was
not itself an Employer’s risk, or
(c)
the activities of the Contractor on the Site after the
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Completion Date.
12. Contractor’s
Risks
12.1 From the Starting Date until the Defects Liability Certificate has
been issued, the risks of personal injury, death, and loss of or
damage to property (including, without limitation, the Works,
Plant, Materials, and Equipment) which are not Employer’s risks
are Contractor’s risks.
13. Insurance
13.1 The Contractor shall provide, in the joint names of the Employer
and the Contractor, insurance cover from the Start Date to the
end of the Defects Liability Period, in the amounts and
deductibles stated in the PCC for the following events which
are due to the Contractor’s risks:
(a)
loss of or damage to the Works, Plant, and Materials;
(b)
loss of or damage to Equipment;
(c)
loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the Contract;
and
(d)
personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the
Contractor to the Project Manager for the Project Manager’s
approval before the Start Date. All such insurance shall provide
for compensation to be payable in the types and proportions of
currencies required to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and
certificates required, the Employer may effect the insurance
which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise due
to the Contractor or, if no payment is due, the payment of the
premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made
without the approval of the Project Manager.
13.5 Both parties shall comply with any conditions of the insurance
policies.
14. Site Data
14.1 The Contractor shall be deemed to have examined any Site Data
referred to in the PCC, supplemented by any information
available to the Contractor.
15. Contractor to
Construct the
Works
15.1 The Contractor shall construct and install the Works in
accordance with the Specifications and Drawings.
16. The Works to
Be Completed
by the
16.1 The Contractor may commence execution of the Works on the
Start Date and shall carry out the Works in accordance with the
Program submitted by the Contractor, as updated with the
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Intended
Completion
Date
17. Approval by
the Project
Manager
approval of the Project Manager, and complete them by the
Intended Completion Date.
17.1 The Contractor shall submit Specifications and Drawings
showing the proposed Temporary Works to the Project Manager,
for his approval.
17.2 The Contractor shall be responsible for design of Temporary
Works.
17.3 The Project Manager’s approval shall not alter the Contractor’s
responsibility for design of the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design
of the Temporary Works, where required.
17.5 All Drawings prepared by the Contractor for the execution of the
temporary or permanent Works, are subject to prior approval by
the Project Manager before this use.
18. Safety
18.1 The Contractor shall be responsible for the safety of all activities
on the Site.
19. Discoveries
19.1 Anything of historical or other interest or of significant value
unexpectedly discovered on the Site shall be the property of the
Employer. The Contractor shall notify the Project Manager of
such discoveries and carry out the Project Manager’s instructions
for dealing with them.
20. Possession of
the Site
20.1 The Employer shall give possession of all parts of the Site to the
Contractor. If possession of a part is not given by the date stated
in the PCC, the Employer shall be deemed to have delayed the
start of the relevant activities, and this shall be a Compensation
Event.
21. Access to the
Site
21.1 The Contractor shall allow the Project Manager and any person
authorized by the Project Manager access to the Site and to any
place where work in connection with the Contract is being
carried out or is intended to be carried out.
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22. Instructions,
Inspections
and Audits
22.1 The Contractor shall carry out all instructions of the Project
Manager which comply with the applicable laws where the Site
is located.
22.2 The Contractor shall permit the Bank and/or persons appointed
by the Bank to inspect the Site and/or the accounts and records of
the Contractor and its sub-contractors relating to the performance
of the Contract, and to have such accounts and records audited
by auditors appointed by the Bank if required by the Bank. The
Contractor’s attention is drawn to Sub-Clause 57.1 which
provides, inter alia, that acts intended to materially impede the
exercise of the Bank’s inspection and audit rights provided for
under Sub-Clause 22.2 constitute a prohibited practice subject to
contract termination (as well as to a determination of ineligibility
under the Procurement Guidelines).
23. Appointment
of the
Adjudicator
23.1 The Adjudicator shall be appointed jointly by the Employer and
the Contractor, at the time of the Employer’s issuance of the
Letter of Acceptance. If, in the Letter of Acceptance, the
Employer does not agree on the appointment of the Adjudicator,
the Employer will request the Appointing Authority designated
in the PCC, to appoint the Adjudicator within 14 days of receipt
of such request.
23.2 Should the Adjudicator resign or die, or should the Employer and
the Contractor agree that the Adjudicator is not functioning in
accordance with the provisions of the Contract, a new
Adjudicator shall be jointly appointed by the Employer and the
Contractor. In case of disagreement between the Employer and
the Contractor, within 30 days, the Adjudicator shall be
designated by the Appointing Authority designated in the PCC
at the request of either party, within 14 days of receipt of such
request.
24. Procedure for
Disputes
24.1 If the Contractor believes that a decision taken by the Project
Manager was either outside the authority given to the Project
Manager by the Contract or that the decision was wrongly taken,
the decision shall be referred to the Adjudicator within 14 days
of the notification of the Project Manager’s decision.
24.2 The Adjudicator shall give a decision in writing within 28 days
of receipt of a notification of a dispute.
24.3 The Adjudicator shall be paid by the hour at the rate specified in
the PCC, together with reimbursable expenses of the types
specified in the PCC, and the cost shall be divided equally
between the Employer and the Contractor, whatever decision is
reached by the Adjudicator. Either party may refer a decision of
the Adjudicator to an Arbitrator within 28 days of the
Adjudicator’s written decision. If neither party refers the dispute
to arbitration within the above 28 days, the Adjudicator’s
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decision shall be final and binding.
24.4 The arbitration shall be conducted in accordance with the
arbitration procedures published by the institution named and in
the place specified in the PCC.
B. Time Control
25. Program
25.1 Within the time stated in the PCC, after the date of the Letter of
Acceptance, the Contractor shall submit to the Project Manager
for approval a Program showing the general methods,
arrangements, order, and timing for all the activities in the
Works. In the case of a lump sum contract, the activities in the
Program shall be consistent with those in the Activity Schedule.
25.2 An update of the Program shall be a program showing the actual
progress achieved on each activity and the effect of the progress
achieved on the timing of the remaining work, including any
changes to the sequence of the activities.
25.3 The Contractor shall submit to the Project Manager for approval
an updated Program at intervals no longer than the period stated
in the PCC. If the Contractor does not submit an updated
Program within this period, the Project Manager may withhold
the amount stated in the PCC from the next payment certificate
and continue to withhold this amount until the next payment after
the date on which the overdue Program has been submitted. In
the case of a lump sum contract, the Contractor shall provide an
updated Activity Schedule within 14 days of being instructed to
by the Project Manager.
25.4 The Project Manager’s approval of the Program shall not alter
the Contractor’s obligations. The Contractor may revise the
Program and submit it to the Project Manager again at any time.
A revised Program shall show the effect of Variations and
Compensation Events.
26. Extension of
the Intended
Completion
Date
26.1 The Project Manager shall extend the Intended Completion Date
if a Compensation Event occurs or a Variation is issued which
makes it impossible for Completion to be achieved by the
Intended Completion Date without the Contractor taking steps to
accelerate the remaining work, which would cause the Contractor
to incur additional cost.
26.2 The Project Manager shall decide whether and by how much to
extend the Intended Completion Date within 21 days of the
Contractor asking the Project Manager for a decision upon the
effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to give early
warning of a delay or has failed to cooperate in dealing with a
delay, the delay by this failure shall not be considered in
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assessing the new Intended Completion Date.
27. Acceleration
27.1 When the Employer wants the Contractor to finish before the
Intended Completion Date, the Project Manager shall obtain
priced proposals for achieving the necessary acceleration from
the Contractor. If the Employer accepts these proposals, the
Intended Completion Date shall be adjusted accordingly and
confirmed by both the Employer and the Contractor.
27.2 If the Contractor’s priced proposals for an acceleration are
accepted by the Employer, they are incorporated in the Contract
Price and treated as a Variation.
28.1 The Project Manager may instruct the Contractor to delay the
28. Delays
start or progress of any activity within the Works.
Ordered by the
Project
Manager
29. Management
Meetings
29.1 Either the Project Manager or the Contractor may require the
other to attend a management meeting. The business of a
management meeting shall be to review the plans for remaining
work and to deal with matters raised in accordance with the early
warning procedure.
29.2 The Project Manager shall record the business of management
meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties
for actions to be taken shall be decided by the Project Manager
either at the management meeting or after the management
meeting and stated in writing to all who attended the meeting.
30. Early Warning
30.1 The Contractor shall warn the Project Manager at the earliest
opportunity of specific likely future events or circumstances that
may adversely affect the quality of the work, increase the
Contract Price, or delay the execution of the Works. The Project
Manager may require the Contractor to provide an estimate of
the expected effect of the future event or circumstance on the
Contract Price and Completion Date. The estimate shall be
provided by the Contractor as soon as reasonably possible.
30.2 The Contractor shall cooperate with the Project Manager in
making and considering proposals for how the effect of such an
event or circumstance can be avoided or reduced by anyone
involved in the work and in carrying out any resulting instruction
of the Project Manager.
C. Quality Control
31. Identifying
Defects
31.1 The Project Manager shall check the Contractor’s work and
notify the Contractor of any Defects that are found. Such
checking shall not affect the Contractor’s responsibilities. The
Project Manager may instruct the Contractor to search for a
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Defect and to uncover and test any work that the Project
Manager considers may have a Defect.
32. Tests
32.1 If the Project Manager instructs the Contractor to carry out a test
not specified in the Specification to check whether any work has
a Defect and the test shows that it does, the Contractor shall pay
for the test and any samples. If there is no Defect, the test shall
be a Compensation Event.
33. Correction of
Defects
33.1 The Project Manager shall give notice to the Contractor of any
Defects before the end of the Defects Liability Period, which
begins at Completion, and is defined in the PCC. The Defects
Liability Period shall be extended for as long as Defects remain
to be corrected.
33.2 Every time notice of a Defect is given, the Contractor shall
correct the notified Defect within the length of time specified by
the Project Manager’s notice.
34. Uncorrected
Defects
34.1 If the Contractor has not corrected a Defect within the time
specified in the Project Manager’s notice, the Project Manager
shall assess the cost of having the Defect corrected, and the
Contractor shall pay this amount.
D. Cost Control
35. Contract Price
35.1 In the case of an admeasurement contract, the Bill of Quantities
shall contain priced items for the Works to be performed by the
Contractor. The Bill of Quantities is used to calculate the
Contract Price. The Contractor will be paid for the quantity of
the work accomplished at the rate in the Bill of Quantities for
each item.
35.2 In the case of a lump sum contract, the Activity Schedule shall
contain the priced activities for the Works to be performed by the
Contractor. The Activity Schedule is used to monitor and control
the performance of activities on which basis the Contractor will
be paid. If payment for Materials on Site shall be made
separately, the Contractor shall show delivery of Materials to the
Site separately on the Activity Schedule.
36. Changes in the
Contract Price
36.1 In the case of an admeasurement contract:
(a)
If the final quantity of the work done differs from the
quantity in the Bill of Quantities for the particular item by
more than 25 percent, provided the change exceeds 1
percent of the Initial Contract Price, the Project Manager
shall adjust the rate to allow for the change.
(b)
The Project Manager shall not adjust rates from changes in
quantities if thereby the Initial Contract Price is exceeded
by more than 15 percent, except with the prior approval of
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the Employer.
(c)
If requested by the Project Manager, the Contractor shall
provide the Project Manager with a detailed cost
breakdown of any rate in the Bill of Quantities.
36.2 In the case of a lump sum contract, the Activity Schedule shall be
amended by the Contractor to accommodate changes of Program
or method of working made at the Contractor’s own discretion.
Prices in the Activity Schedule shall not be altered when the
Contractor makes such changes to the Activity Schedule.
37. Variations
37.1 All Variations shall be included in updated Programs, and, in the
case of a lump sum contract, also in the Activity Schedule,
produced by the Contractor.
37.2 The Contractor shall provide the Project Manager with a
quotation for carrying out the Variation when requested to do so
by the Project Manager. The Project Manager shall assess the
quotation, which shall be given within seven (7) days of the
request or within any longer period stated by the Project
Manager and before the Variation is ordered.
37.3 If the Contractor’s quotation is unreasonable, the Project
Manager may order the Variation and make a change to the
Contract Price, which shall be based on the Project Manager’s
own forecast of the effects of the Variation on the Contractor’s
costs.
37.4 If the Project Manager decides that the urgency of varying the
work would prevent a quotation being given and considered
without delaying the work, no quotation shall be given and the
Variation shall be treated as a Compensation Event.
37.5 The Contractor shall not be entitled to additional payment for
costs that could have been avoided by giving early warning.
37.6 In the case of an admeasurement contract, if the work in the
Variation corresponds to an item description in the Bill of
Quantities and if, in the opinion of the Project Manager, the
quantity of work above the limit stated in Sub-Clause 38.1 or the
timing of its execution do not cause the cost per unit of quantity
to change, the rate in the Bill of Quantities shall be used to
calculate the value of the Variation. If the cost per unit of
quantity changes, or if the nature or timing of the work in the
Variation does not correspond with items in the Bill of
Quantities, the quotation by the Contractor shall be in the form of
new rates for the relevant items of work.
38. Cash Flow
Forecasts
38.1 When the Program, or, in the case of a lump sum contract, the
Activity Schedule, is updated, the Contractor shall provide the
Project Manager with an updated cash flow forecast. The cash
flow forecast shall include different currencies, as defined in the
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Contract, converted as necessary using the Contract exchange
rates.
39. Payment
Certificates
39.1 The Contractor shall submit to the Project Manager monthly
statements of the estimated value of the work executed less the
cumulative amount certified previously.
39.2 The Project Manager shall check the Contractor’s monthly
statement and certify the amount to be paid to the Contractor.
39.3 The value of work executed shall be determined by the Project
Manager.
39.4 The value of work executed shall comprise:
(a)
In the case of an admeasurement contract, the value of the
quantities of work in the Bill of Quantities that have been
completed; or
(b)
In the case of a lump sum contract, the value of work
executed shall comprise the value of completed activities in
the Activity Schedule.
39.5 The value of work executed shall include the valuation of
Variations and Compensation Events.
39.6 The Project Manager may exclude any item certified in a
previous certificate or reduce the proportion of any item
previously certified in any certificate in the light of later
information.
40. Payments
40.1 Payments shall be adjusted for deductions for advance payments
and retention. The Employer shall pay the Contractor the
amounts certified by the Project Manager within 28 days of the
date of each certificate. If the Employer makes a late payment,
the Contractor shall be paid interest on the late payment in the
next payment. Interest shall be calculated from the date by
which the payment should have been made up to the date when
the late payment is made at the prevailing rate of interest for
commercial borrowing for each of the currencies in which
payments are made.
40.2 If an amount certified is increased in a later certificate or as a
result of an award by the Adjudicator or an Arbitrator, the
Contractor shall be paid interest upon the delayed payment as set
out in this clause. Interest shall be calculated from the date upon
which the increased amount would have been certified in the
absence of dispute.
40.3 Unless otherwise stated, all payments and deductions shall be
paid or charged in the proportions of currencies comprising the
Contract Price.
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40.4 Items of the Works for which no rate or price has been entered in
shall not be paid for by the Employer and shall be deemed
covered by other rates and prices in the Contract.
41. Compensation
Events
41.1 The following shall be Compensation Events:
(a)
The Employer does not give access to a part of the Site by
the Site Possession Date pursuant to GCC Sub-Clause 20.1.
(b)
The Employer modifies the Schedule of Other Contractors
in a way that affects the work of the Contractor under the
Contract.
(c)
The Project Manager orders a delay or does not issue
Drawings, Specifications, or instructions required for
execution of the Works on time.
(d)
The Project Manager instructs the Contractor to uncover or
to carry out additional tests upon work, which is then found
to have no Defects.
(e)
The Project Manager unreasonably does not approve a
subcontract to be let.
(f)
Ground conditions are substantially more adverse than
could reasonably have been assumed before issuance of the
Letter of Acceptance from the information issued to bidders
(including the Site Investigation Reports), from information
available publicly and from a visual inspection of the Site.
(g)
The Project Manager gives an instruction for dealing with
an unforeseen condition, caused by the Employer, or
additional work required for safety or other reasons.
(h)
Other contractors, public authorities, utilities, or the
Employer does not work within the dates and other
constraints stated in the Contract, and they cause delay or
extra cost to the Contractor.
(i)
The advance payment is delayed.
(j)
The effects on the Contractor of any of the Employer’s
Risks.
(k)
The Project Manager unreasonably delays issuing a
Certificate of Completion.
41.2 If a Compensation Event would cause additional cost or would
prevent the work being completed before the Intended
Completion Date, the Contract Price shall be increased and/or the
Intended Completion Date shall be extended. The Project
Manager shall decide whether and by how much the Contract
Price shall be increased and whether and by how much the
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Intended Completion Date shall be extended.
41.3 As soon as information demonstrating the effect of each
Compensation Event upon the Contractor’s forecast cost has
been provided by the Contractor, it shall be assessed by the
Project Manager, and the Contract Price shall be adjusted
accordingly.
If the Contractor’s forecast is deemed
unreasonable, the Project Manager shall adjust the Contract Price
based on the Project Manager’s own forecast. The Project
Manager shall assume that the Contractor shall react competently
and promptly to the event.
41.4 The Contractor shall not be entitled to compensation to the extent
that the Employer’s interests are adversely affected by the
Contractor’s not having given early warning or not having
cooperated with the Project Manager.
42. Tax
42.1 The Project Manager shall adjust the Contract Price if taxes,
duties, and other levies are changed between the date 28 days
before the submission of bids for the Contract and the date of the
last Completion certificate. The adjustment shall be the change
in the amount of tax payable by the Contractor, provided such
changes are not already reflected in the Contract Price or are a
result of GCC Clause 44.
43. Currencies
43.1 Where payments are made in currencies other than the currency
of the Employer’s country specified in the PCC, the exchange
rates used for calculating the amounts to be paid shall be the
exchange rates stated in the Contractor’s Bid.
44. Price
Adjustment
44.1 Prices shall be adjusted for fluctuations in the cost of inputs only
if provided for in the PCC. If so provided, the amounts
certified in each payment certificate, before deducting for
Advance Payment, shall be adjusted by applying the respective
price adjustment factor to the payment amounts due in each
currency. A separate formula of the type indicated below applies
to each Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract
Price payable in a specific currency “c.”
Ac and Bc are coefficients10 specified in the PCC,
representing the nonadjustable and adjustable portions,
10
The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency. Normally,
both coefficients shall be the same in the formulae for all currencies, since coefficient A, for the
nonadjustable portion of the payments, is a very approximate figure (usually 0.15) to take account of fixed
cost elements or other nonadjustable components. The sum of the adjustments for each currency are added
to the Contract Price. [To be transferred to the User Guide]
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respectively, of the Contract Price payable in that specific
currency “c;” and
Imc is the index prevailing at the end of the month being
invoiced and Ioc is the index prevailing 28 days before Bid
opening for inputs payable; both in the specific currency “c.”
44.2 If the value of the index is changed after it has been used in a
calculation, the calculation shall be corrected and an adjustment
made in the next payment certificate. The index value shall be
deemed to take account of all changes in cost due to fluctuations
in costs.
45. Retention
45.1 The Employer shall retain from each payment due to the
Contractor the proportion stated in the PCC until Completion of
the whole of the Works.
45.2 Upon the issue of a Certificate of Completion of the Works by
the Project Manager, in accordance with GCC 51.1, half the total
amount retained shall be repaid to the Contractor and half when
the Defects Liability Period has passed and the Project Manager
has certified that all Defects notified by the Project Manager to
the Contractor before the end of this period have been corrected.
The Contractor may substitute retention money with an “on
demand” Bank guarantee.
46. Liquidated
Damages
46.1 The Contractor shall pay liquidated damages to the Employer at
the rate per day stated in the PCC for each day that the
Completion Date is later than the Intended Completion Date.
The total amount of liquidated damages shall not exceed the
amount defined in the PCC. The Employer may deduct
liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the Contractor’s
liabilities.
46.2 If the Intended Completion Date is extended after liquidated
damages have been paid, the Project Manager shall correct any
overpayment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall be
paid interest on the overpayment, calculated from the date of
payment to the date of repayment, at the rates specified in GCC
Sub-Clause 40.1.
47. Bonus
47.1 The Contractor shall be paid a Bonus calculated at the rate per
calendar day stated in the PCC for each day (less any days for
which the Contractor is paid for acceleration) that the
Completion is earlier than the Intended Completion Date. The
Project Manager shall certify that the Works are complete,
although they may not be due to be complete.
48. Advance
Payment
48.1 The Employer shall make advance payment to the Contractor of
the amounts stated in the PCC by the date stated in the PCC,
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against provision by the Contractor of an Unconditional Bank
Guarantee in a form and by a bank acceptable to the Employer in
amounts and currencies equal to the advance payment. The
Guarantee shall remain effective until the advance payment has
been repaid, but the amount of the Guarantee shall be
progressively reduced by the amounts repaid by the Contractor.
Interest shall not be charged on the advance payment.
48.2 The Contractor is to use the advance payment only to pay for
Equipment, Plant, Materials, and mobilization expenses required
specifically for execution of the Contract. The Contractor shall
demonstrate that advance payment has been used in this way by
supplying copies of invoices or other documents to the Project
Manager.
48.3 The advance payment shall be repaid by deducting proportionate
amounts from payments otherwise due to the Contractor,
following the schedule of completed percentages of the Works
on a payment basis. No account shall be taken of the advance
payment or its repayment in assessing valuations of work done,
Variations, price adjustments, Compensation Events, Bonuses, or
Liquidated Damages.
49. Securities
49.1 The Performance Security shall be provided to the Employer no
later than the date specified in the Letter of Acceptance and shall
be issued in an amount specified in the PCC, by a bank or
surety acceptable to the Employer, and denominated in the types
and proportions of the currencies in which the Contract Price is
payable. The Performance Security shall be valid until a date 28
days from the date of issue of the Certificate of Completion in
the case of a Bank Guarantee, and until one year from the date of
issue of the Completion Certificate in the case of a Performance
Bond.
50. Dayworks
50.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be
used only when the Project Manager has given written
instructions in advance for additional work to be paid for in that
way.
50.2 All work to be paid for as Dayworks shall be recorded by the
Contractor on forms approved by the Project Manager. Each
completed form shall be verified and signed by the Project
Manager within two days of the work being done.
50.3 The Contractor shall be paid for Dayworks subject to obtaining
signed Dayworks forms.
51. Cost of
Repairs
51.1 Loss or damage to the Works or Materials to be incorporated in
the Works between the Start Date and the end of the Defects
Correction periods shall be remedied by the Contractor at the
Contractor’s cost if the loss or damage arises from the
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Contractor’s acts or omissions.
E. Finishing the Contract
52. Completion
52.1 The Contractor shall request the Project Manager to issue a
Certificate of Completion of the Works, and the Project Manager
shall do so upon deciding that the whole of the Works is
completed.
53. Taking Over
53.1 The Employer shall take over the Site and the Works within seven
days of the Project Manager’s issuing a certificate of Completion.
54. Final Account
54.1 The Contractor shall supply the Project Manager with a detailed
account of the total amount that the Contractor considers payable
under the Contract before the end of the Defects Liability Period.
The Project Manager shall issue a Defects Liability Certificate and
certify any final payment that is due to the Contractor within 56
days of receiving the Contractor’s account if it is correct and
complete. If it is not, the Project Manager shall issue within 56
days a schedule that states the scope of the corrections or additions
that are necessary. If the Final Account is still unsatisfactory after
it has been resubmitted, the Project Manager shall decide on the
amount payable to the Contractor and issue a payment certificate.
55. Operating and
Maintenance
Manuals
55.1 If “as built” Drawings and/or operating and maintenance manuals
are required, the Contractor shall supply them by the dates stated
in the PCC.
55.2 If the Contractor does not supply the Drawings and/or manuals by
the dates stated in the PCC pursuant to GCC Sub-Clause 55.1, or
they do not receive the Project Manager’s approval, the Project
Manager shall withhold the amount stated in the PCC from
payments due to the Contractor.
56. Termination
56.1 The Employer or the Contractor may terminate the Contract if the
other party causes a fundamental breach of the Contract.
56.2 Fundamental breaches of Contract shall include, but shall not be
limited to, the following:
(a)
the Contractor stops work for 28 days when no stoppage of
work is shown on the current Program and the stoppage has
not been authorized by the Project Manager;
(b)
the Project Manager instructs the Contractor to delay the
progress of the Works, and the instruction is not withdrawn
within 28 days;
(c)
the Employer or the Contractor is made bankrupt or goes
into liquidation other than for a reconstruction or
amalgamation;
(d)
a payment certified by the Project Manager is not paid by the
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Employer to the Contractor within 84 days of the date of the
Project Manager’s certificate;
(e)
the Project Manager gives Notice that failure to correct a
particular Defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of
time determined by the Project Manager;
(f)
the Contractor does not maintain a Security, which is required;
(g)
the Contractor has delayed the completion of the Works by
the number of days for which the maximum amount of
liquidated damages can be paid, as defined in the PCC; or
(h)
if the Contractor, in the judgment of the Employer, has
engaged in corrupt or fraudulent practices in competing for
or in executing the Contract, pursuant to GCC Clause 57.1.
56.3 When either party to the Contract gives notice of a breach of
Contract to the Project Manager for a cause other than those listed
under GCC Sub-Clause 56.2 above, the Project Manager shall
decide whether the breach is fundamental or not.
56.4 Notwithstanding the above, the Employer may terminate the
Contract for convenience.
56.5 If the Contract is terminated, the Contractor shall stop work
immediately, make the Site safe and secure, and leave the Site as
soon as reasonably possible.
57. Fraud and
Corruption
57.1 If the Employer determines that the Contractor has engaged in
corrupt, fraudulent, collusive, coercive or obstructive practices, in
competing for or in executing the Contract, then the Employer
may, after giving 14 days notice to the Contractor, terminate the
Contractor's employment under the Contract and expel him from
the Site, and the provisions of Clause 56 shall apply as if such
expulsion had been made under Sub-Clause 56.5 [Termination by
Employer].
57.2 Should any employee of the Contractor be determined to have
engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practice during the execution of the Works, then that employee
shall be removed in accordance with Clause 9.
57.3 For the purposes of this Sub-Clause:
(i)
11
“corrupt practice”11 is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party;
“another party” refers to a public official acting in relation to the procurement process or contract
execution]. In this context, “public official” includes World Bank staff and employees of other
organizations taking or reviewing procurement decisions.
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(ii)
“fraudulent practice”12 is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads,
or attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;
(iii) “collusive practice”13 is an arrangement between two or
more parties designed to achieve an improper purpose,
including to influence improperly the actions of another
party;
(iv) “coercive practice”14 is impairing or harming, or
threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party;
(v)
“obstructive practice” is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation or
making false statements to investigators in order to
materially impede a Bank investigation into
allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or
from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the
Bank’s inspection and audit rights provided for under
Sub-Clause 22.2.
58. Payment upon
Termination
58.1 If the Contract is terminated because of a fundamental breach of
Contract by the Contractor, the Project Manager shall issue a
certificate for the value of the work done and Materials ordered
less advance payments received up to the date of the issue of the
certificate and less the percentage to apply to the value of the work
not completed, as indicated in the PCC. Additional Liquidated
Damages shall not apply. If the total amount due to the Employer
exceeds any payment due to the Contractor, the difference shall be
a debt payable to the Employer.
58.2 If the Contract is terminated for the Employer’s convenience or
because of a fundamental breach of Contract by the Employer, the
Project Manager shall issue a certificate for the value of the work
done, Materials ordered, the reasonable cost of removal of
Equipment, repatriation of the Contractor’s personnel employed
solely on the Works, and the Contractor’s costs of protecting and
12
13
14
a “party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process
or contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution.
“parties” refers to participants in the procurement process (including public officials) attempting to
establish bid prices at artificial, non competitive levels.
a “party” refers to a participant in the procurement process or contract execution.
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securing the Works, and less advance payments received up to the
date of the certificate.
59. Property
59.1 All Materials on the Site, Plant, Equipment, Temporary Works,
and Works shall be deemed to be the property of the Employer if
the Contract is terminated because of the Contractor’s default.
60. Release from
Performance
60.1 If the Contract is frustrated by the outbreak of war or by any other
event entirely outside the control of either the Employer or the
Contractor, the Project Manager shall certify that the Contract has
been frustrated. The Contractor shall make the Site safe and stop
work as quickly as possible after receiving this certificate and shall
be paid for all work carried out before receiving it and for any
work carried out afterwards to which a commitment was made.
61. Suspension of
Bank Loan or
Credit
61.1 In the event that the Bank suspends the Loan or Credit to the
Employer, from which part of the payments to the Contractor are
being made:
(a) The Employer is obligated to notify the Contractor of such
suspension within 7 days of having received the Bank’s
suspension notice.
(b) If the Contractor has not received sums due it within the 28 days
for payment provided for in Sub-Clause 40.1, the Contractor
may immediately issue a 14-day termination notice.
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Particular Conditions of Contract
Section VIII. Particular Conditions of Contract
A. General
GCC 1.1 (d)
The financing institution is: International Development Association
GCC 1.1 (i)
Add at the end of the clause 1.1 (i) as follows:
The Employer/Engineer shall communicate to the Contractor on the address
provided by the Contractor in the bid. Any change in the address has to be
communicated immediately by the contractor to the Employer / Engineer. In case of
failure to do same, any communication sent by the Employer / Engineer to the
contractor on the address provided shall be deemed to be delivered.
GCC 1.1 (s)
The Employer is:
Department of Roads
DIVISION ROAD OFFICE, BHARATPUR
The Employer’s Authorized Representative is:
DIVISION CHIEF,
DIVISION ROAD OFFICE, BHARATPUR
GCC 1.1 (v)
The Intended Completion Date 2073/02/15
GCC 1.1 (y)
The Project Manager is
Name: Division Chief
Address: Division Road Office, Bharatpur
Note: The term Project Manager and the Engineer are synonymous and
interchangeable for the purpose of the Contract.
GCC 1.1 (aa)
The site is located at Central Development Region of Nepal.
GCC 1.1 (dd) The Start Date shall be 7 (seven) days from the date of signing the Contract
Agreement.
GCC 1.1 (hh) The Works consist of Improvement of Tandi bazaar Road Section of East-West
Highway.
Contract No. Contract Package: DROBHT/3373564/071/72-134
The works to be executed will comprise mainly the following items:
a)
b)
c)
d)
e)
Asphalt Concrete works.
Earthwork Excavation.
Masonry works.
Culvert Construction
Footpath works
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GCC 2.2
Sectional Completions are: NA
GCC 2.3
The Specifications in (f) means
(a)
Special Provision
(b)
Standard Specifications
Add following after (h)
GCC 3.1
(i)
Addendum issued (if any) in accordance with Clause 8 of ITB.
(ii)
Schedules of Contractors
The language of the contract is English
The law that applies to the Contract is the law of Nepal
GCC 5.1
The Project manager may delegate any of his duties and responsibilities.
GCC 8.1
Schedule of other contractors: NA
GCC 13.1
The minimum insurance amounts and deductibles shall be:
(a) For loss or damage to the Works, Plants and Materials
Minimum cover: 115% of the value of the works and material as per the
contract price.
Maximum deductibles: NRs. 100,000 (NRs. One hundred thousand only)
(b) For loss or damage to Equipment
Minimum cover: NRs. 2,000,000 (NRs. Two million only).
Maximum deductibles: NRs. 25,000.00 (NRs. Twenty five thousand only)
(c) For loss or damage to the property (except the Works, Plant, Materials and
Equipment) in connection with Contract:
Minimum cover: NRs. 1,000,000 (NRs. One million only).
Maximum deductibles: NRs. 25,000.00 (NRs. Twenty five thousand only)
(d) For personal injury or death:
GCC 14.1
(i)
Of the contractor’s employees: As per labour Act of Nepal
(ii)
Of other people including Employer’s staff and third parties: NRs.
500,000 (NRs. Five hundred Thousand only) per person for 35
persons with unlimited number of occurrences.
Site Data are:
The bidder shall make his own investigation, assessment, and judgment with regards
to the location and quantity of suitable local construction materials.
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The Employer shall take no liability for any conclusion inferred by the Contractor.
GCC 20.1
The Site Possession Date(s) shall be: Within 7 (seven) days of the signing of the
Agreement.
GCC 23.1 &
GCC 23.2
GCC 24.1
Appointing Authority for the Adjudicator: Both Contracting Parties.
GCC 24.3
GCC 24.3
GCC 24.4
Add the following at the end of the Sub-clause 24.1:
Failure to refer to the Adjudicator within the stipulated 14 days shall be deemed as
an acceptance of Project Manager's decision by both parties.
Replace "28 days" by "42 days".
Hourly rate and types of reimbursable expenses to be paid to the Adjudicator: shall be
NRs.2000.00 per hour, and reimbursable expenses as office accommodation,
transportation, stationery and secretarial services and field expenses shall be as per
actual.
Institution whose arbitration procedures shall be used: Nepal Council of Arbitration
(NEPCA)
The place of arbitration shall be: Kathmandu
B. Time Control
GCC 25.1
The Contractor shall submit for approval a Program for the Works within Thirty
[30] days from the date of the Letter of Acceptance.
GCC 25.3
The period between Program updates is Sixty (60) days.
The amount to be withheld for late submission of an updated Program is
NRs.200,000.00 (NRs. Two Hundred Thousand).
GCC 26.2
Add new paragraph at the end of the sub-clause 26.2 as follows:
The Project Manager shall duly record all delays caused by the contractors not
meeting the approved program and inform the same to the Contractor with a copy to
the Employer. Such delays shall be considered while assessing the extension of
intended completion date, if any. The Contractor is allowed to reply to the
observations providing any explanations to the delay.
C. Quality Control
GCC 31
Add new clause 31.2 as follows:
The contractor is responsible to submit and get approval from the Project Manager
for the consignment invoice of the purchase of the bitumen from the
source/company in the name of this project to use it for the bituminous works in this
Contract. The Project Manager's approval shall not alter the contractor's obligations
to supply the bitumen as per the Specifications.
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GCC 33.1
The Defects Liability Period is: 365 days.
GCC 34.1
Add the following at the end of sub-clause 34.1:
The Employer upon the recommendation from the project Manager may opt to
employ other contractor or any suitable means to correct the defect and the incurred
cost shall be deducted from any money due to the contractor or by invoking any of
the contractor's guarantees.
D. Cost Control
GCC 36.1
Delete the whole content of sub-clause 36.1 (a) and replace with the following:
If the final quantity of the work done differs from the quantity in the Bill of
Quantities for the particular item by more than 25 percent, provided the change
exceeds Two (2) percent of the Initial Contract Price, the Project Manager shall
adjust the rate to allow for the change.
GCC 39
The contractor shall submit to the Project Manager One original and one copy of the
monthly statements.
GCC 43.1
The currency of the Employer’s country is: Nepalese Rupees (NRs.)
GCC 44
Price adjustment N/A
GCC 45.1
The proportion of payments retained is: 5(Five) percent
GCC 46.1
The liquidated damages for the whole of the Works are 0.05 percent of the Contract
Price per day. The maximum amount of liquidated damages for the whole of the
Works is 10 percent of the final Contract Price.
The maximum amount of liquidated damages for the whole Works is Ten (10)
percent of Contract price.
GCC 47.1
The Bonus for the whole of the Works is: NA
GCC 48.1
Add the following paragraphs after the end of sub-clause 48.1:
The Advance Payments shall be maximum of 15 (fifteen) percent of the initial
contract price excluding provisional sums and day works and VAT and shall be
made in two installments. Ten percent (first installment) shall be paid to the
contractor upon submission of unconditional Bank Guarantee for Advance payment
and the additional five percent (second installment) after the completion of
mobilization of all required resources to the site for starting of the pre-treatment
works and submission of work programme comprising schedules for the works,
labor, equipment, material, cash flow and insurance policies, upon submission of
unconditional Bank Guarantee for Advance payment.
The advance payment guarantee shall be valid until the intended completion date for
whole of the works.
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GCC 48.3
Add the following at the end of paragraph:
The advance payment shall be repaid through percentage deductions from the
monthly statement certified by the project manager in accordance with this clause.
Deductions shall commence in the next monthly statement in which the value of
work executed exceeds thirty (30) Percent of the initial contract price less
provisional sums, day works and VAT. Deduction shall be made at the amortization
rate of thirty (30) percent of the amount of each monthly statement in the currencies
and proportions of the advance payment until such time as the advance payment has
been repaid completely, provided that the advance payment shall be completely
repaid by the time when 80 % of the initial contract amount less provisional sums,
day works and VAT.
GCC 49.1
The Performance Security shall be as follows and denominated in the types and
proportions of the currencies in which the Contract Price is payable
(a)
Bank Guarantee: 5% (five percent) of the initial contract price.
The Bank Guarantee shall be unconditional (on demand) in a format Performance
Security attached in Section IX issued from a commercial bank.
The Performance Security that is issued by a foreign bank shall be counter
guaranteed by a commercial bank established in Nepal.
If the successful bid is seriously unbalanced or front loaded in the opinion of the
Employer, the Employer may require the Bidder to produce detailed price analyses
for any or all items of the Bill of Quantities, to demonstrate the consistency of those
prices with the construction methods and schedule proposed. After evaluation of the
price analyses, taking into the consideration of the schedule of estimated Contract
Payments, the Employer may require that the amount of the performance security be
increased at the expense of the bidder by an additional 8% (upto) of the initial
contract price of the successful Bidder under the Contract.
GCC 49.1
Delete the last sentence of the sub-clause 49.1 and replace with the following:
The Performance Security shall be valid until a date 28 days from the date of issue of
the Defect Liability Certificate.
E. Finishing the Contract
GCC 52.1
Replace Clause 52.1 by follows:
The Contractor may apply by notice to the Project Manager for the Taking- Over
Certificate not earlier than fourteen days before the works will, in the contractor's
opinion, be complete and ready for taking over.
The Project Manager shall, within 28 days after receiving the Contractor's
application;
a) issue the Taking-Over Certificate to the Contractor, stating the date on which the
Works or Section were completed in accordance with the Contract, except for any
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minor outstanding works and defect which will not substantially affect the use of the
Works or Section for their intended purpose (either until or whilst this work is
completed and these defects are remedied); or
b) reject the application, giving reasons and specifying the work required to be done
by the contractor to enable the Taking-Over Certificate to be issued. The Contractor
shall then complete this work before issuing a further notice under this sub-clause.
If the Project Manager fails either to issue the Taking –Over Certificate or to reject
the Contractor's application within the period of 28 days, and if the Works or Section
(as the case may be) are substantially in accordance with the Contract, the TakingOver Certificate shall be deemed to have been issued on the last day of that period.
GCC 53.1
Replace Sub-Clause 53.1 by following:
The Employer shall take over the site and the works within seven days after issuance
of the Taking-Over Certificate by the Project Manager.
GCC 55.1
The date by which “as built” drawings are required is within ninety days after
issuance of Taking-Over Certificate.
GCC 55.2
The amount to be withheld for failing to produce “as built” drawings by the date
required in GCC 55.1 is 100,000.00
GCC 56.2 (g)
The maximum number of days is: 200 days
GCC 56
Add at the end of sub-clause 56.2:
(i) the contractor abandons the works or otherwise plainly demonstrates the
intention not to continue performance of his obligations under the contract.
GCC 57.3 (ii)
Add at the end of the sub-clause 57.3 (iii) as follows:
Any fraudulent practice including using sub standard material will be subjected to
the prosecution under the Country’s prevailing laws related to corruption and fraud.
GCC 58.1
The percentage to apply to the value of the work not completed, representing the
Employer’s additional cost for completing the Works, is 25%
Add following paragraph at the end of sub-clause 58.1
In case of fundamental breach of the contract by the Contractor as per Clause 56, the
performance security as per provision 49.1 shall also be forfeited.
ADDITIONAL CLAUSES
Add following clauses after Clause GCC 61.
GCC 62. Project
Manager's
Duties and
Authority
The Project Manager shall obtain the specific approval of the Employer before
taking any of the following actions:
a) Issuing a variation order under Clause 37 except in an emergency
situation, as reasonably determined by the Project Manager. Emergency
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b)
c)
d)
e)
f)
GCC 63. Custom
and Tax
Provisions for
Contractors of
Foreign Aided
Projects
63.1 General
situation may be defined as the situation when protective measures must
be taken for the safety of life or of the works or of adjoining property.
Determining the Extension of the 'Intended Completion Date' under
Clause 26
Adjustment of rates under Clause 36
Certifying additional cost under Clause 41
Issuance of Taking-Over Certificate under Clause 52
Approving sub-contracting of any work under Clause 7
a) Unless otherwise specifically declared in the contract documents, the
prices quoted by the Contractor and its suppliers and subcontractors shall
include business taxes and other taxes that may be levied in accordance
with the laws and regulations in force or in effect in Nepal as of 28 days
prior to the closing date for submission of Bid in the Employers country
on the Equipment and Plants acquired for the purpose of the Contract and
on the services performed under the Contract. Whatsoever provisions
made in the Contract document shall not relieve the Contractor, its
suppliers and subcontractors from their responsibility to pay income tax
that may be levied in the Employer’s country on profits made by the
Contractor, its suppliers and subcontractors in respect of the Contract.
b) Value Added Tax (VAT), if not included in the costs while submitting
bids by the Contractor, subcontractor or its nominated subcontractor,
shall be eligible for refund on all imported equipment and plants to be
supplied and delivered exclusively for use in the Project.
63.2 Staff
Income Tax
63.3 Import
License
c) In the event that the origin of any of the Contractor’s or its
subcontractor’s or the nominated subcontractor’s equipment and plants is
India, the above provisions for the exemption of customs duties, and
VAT as is mentioned in this clause shall be applied only under the
following conditions. Failure to comply with these conditions will result
in application of normal customs duties, VAT as per prevailing rules and
regulation of Government of Nepal.
(i) should the Contractor request payment in Indian Currency, the
equipment and materials must have been imported under the ‘Duty
Refundable Procedures (DRP)’
(ii) should the Contractor request payment in other convertible
currencies, the equipment and materials must have been imported
under ‘In Bond Transfer Procedures’.
The contractors' staff, personnel and labourers, and those of its sub contractors,
will be liable to pay personal income taxes in the Employer's country
irrespective of local or foreign nationals on income earned including salaries and
wages as applicable under the laws and regulations of Nepal. The contractor
shall perform such duties in regards to Tax Deduction at Source (TDS) thereof
as may be applicable by such laws and regulations.
The contractor shall inform the Employer and the Project manager in writing the
details of the equipment to be imported into Nepal for use on the works at least
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63.4 Duties on
Equipment and
Plant.
56 days prior to arrival of shipment at disembarkation port, and shall submit a
formal written request for assistance from the Employer for importation
processing. The Employer will assist the contractor to obtain necessary permit
for import such equipment into Nepal. Import license fee or any other charges
shall be at the cost of the contractor. The contractor shall be responsible for
transport from the port of Disembarkation to the site or location of the works.
The contractor shall be fully responsible to determine these rates and the amount
at the time of preparing tender document and include such costs in its bids. In
failing to do so the employer shall not be liable to pay such costs and the
contractor shall pay such charges as local or any customs authorities in route
may impose, which will not be an eligible item for refund from the Employer.
a) Notwithstanding the provisions of this document, Contractor’s
Equipment and Plants including essential tools thereof, imported for the
sole purpose of executing the Contract on condition of reexport
upon completion of the Works, shall be exempt from payment of customs
duties, VAT and other applicable taxes. However, the Contractor shall
deposit the amount or provide a Bank Guarantee to the Government of
Nepal, Customs Office equal to the amount of customs duties and other
taxes as per the prevailing laws, rules and regulations of Nepal for those
imported items of equipment and plants at the time of import. Such
deposited amount shall be refunded, or the Bank Guarantee cancelled by
the Employer after submission to the Employer of the re-export
certificate issued by the Customs Department.
b) Any Equipment and Plants imported by the Contractor and used in the
Works for the performance of the Works shall be taken out of Nepal
within 90 (ninety) days of the completion of the Works. If the Contractor
disposes of or consumes any equipment, plants and spare parts within
Nepal, it shall pay all customs duties, VAT, income tax on the sales
proceeds and taxes applicable on such items under the laws and
regulations of Nepal in force.
c) Equipment and plants imported by the Contractor for execution of the
Works shall be subject to payment of customs duty at a special rate of
one percent (1%) of CIF or Customs entry point value or rate as
applicable. This customs duty shall be paid by the Contractor at the time
of import and shall be reimbursed by the Employer to the Contractor
upon submission of the original receipt issued by the Customs
Department.
d) Customs Duties at the special rate of one (1%) percent or as applicable
shall be imposed on the spare parts of the Contractor’s equipment and
plant which are imported for the execution of the works, up to the
amount of 10 (ten) percent of the CIF or Customs entry point value of
each plant and equipment. If the value of imported spare parts exceeds 10
(ten) percent value of each equipment and plant, Contractor should pay
taxes and duties in accordance with the prevailing laws and regulations
of Nepal. The Employer shall not reimburse such customs duties, VAT
and other taxes paid by the Contractor.
e) VAT shall be imposed according to prevailing laws and regulations of
Government of Nepal, on all equipment and plants purchased for the use
in the contract Works. The Contractor shall submit request with VAT
bills to the VAT office of Government of Nepal for reimbursement the
paid VAT within the prescribed time.
f) The Contractor shall maintain records satisfactory to the Employer
documenting use of all equipment and plants imported into and/or
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procured for the performance of the Works. If any of such equipment and
plants imported into Nepal or otherwise supplied to the Project at a
special or preferential rate of Customs Duties or taxes, are misused or
found to be used or appropriated for any purposes other than the Project,
the Contractor shall be held fully responsible, and liable to pay customs
duties, VAT and other taxes and/or any penalties as may be imposed in
accordance with the prevailing laws and regulations of Nepal.
g) Income tax assessed in accordance with the prevailing Income Tax Act
of Nepal and as per the provision of specific Double Taxation
Agreement, shall be imposed on the Contractor, its subcontractor and
nominated subcontractor. An advance income tax as per the prevailing
Income Tax and Finance Act shall be deducted from the monthly
progress payments of the Contractor.
h) The Contractor shall pay all duties, taxes, fees and contributions levied in
Nepal in Nepalese Rupees as directed by the relevant governmental
department or office or any other local statutory agency or body in
accordance with the relevant rules and regulations.
(i) The provisions of the clause shall apply equally to foreign
subcontractors or nominated subcontractors of the Contractor
employed for the Works.
(ii) The Contractor and any foreign subcontractors or nominated
subcontractors employed on the Works, if not already registered in
Nepal, shall be required to get registered with the Inland Revenue
Department (IRD) for the purpose of the Contract, which shall be
undertaken within 28 days after signing of the Contract Agreement.
The Contractor, subcontractor or the nominated subcontractor shall
submit Certified copies of the Registration Certificate(s) to the
Engineer within 14 days of registration.
i) Other local fees and charges (toll taxes) shall be applied in
accordance with the prevailing laws and regulations of Nepal.
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63.5 Duties on
Materials and
Supplies
a) Any element of royalty, duty or tax in the price of any goods including
fuel oil, lubricating oil, cement, bitumen, GI wire, timber, iron and iron
goods locally procured or imported by the Contractor for the works shall
be included in the Contract rates and prices and no reimbursement or
payment in that respect shall be made to the Contractor.
b) The Contractor shall familiarize himself with the rules and regulations of
the Kingdom of Nepal with regard to customs, duties, taxes, clearing of
goods and equipment, immigration and the like, and it will be necessary
for him to follow the required procedures regardless of the assistance as
may be provided by the Employer wherever possible.
c) The Contractor shall pay and shall not be entitled to the reimbursement of
cost of extracting construction materials such as sand, stone/boulder,
gravel, etc. from the riverbeds or quarries. Such prices will be levied by
the local District Development Committee (DDC) as may be in force at
the time. The Contractor, or the Sub-contractor(s) employed directly by
him and for whom he is responsible, will not be exempt from payment of
royalties, taxes, or other kinds of surcharges, on these construction
materials so extracted and paid for to the DDC.
63. 6 Import of
Vehicles,
Construction
Plants etc.
64. Performance
Evaluation of
contractor
65.
Quarries
and Spoil Dumps
While importing the vehicle, construction plant etc., the Contractor shall
comply with all prevailing laws, regulations of Government of Nepal and
other relevant laws, regulations, ordinances, which may be issued in future
by Government of Nepal.
The Employer will carry out performance evaluation of the contractor in
accordance with the criteria set out in the Public Works Directives of
Government of Nepal. The results of the evaluation would be taken into
consideration for qualification/disqualification of the firm/Joint venture in
future contracts.
Contractor shall use legally approved quarry site only.
Any quarry operated as part of this Contract shall be maintained and left in
a stable condition without steep slopes and be either refilled or drained and
be landscaped by appropriate planting. Rock or gravel taken from a river
shall be removed over some distance so as to limit the depth of material
removed at any one location, not disrupt the river flow or damage or
undermine the river banks.
The Contractor shall not deposit excavated material on land in Government
or private ownership except as directed by the Project Manager in writing or
by permission in writing of the authority responsible for such land in
Government ownership, or of the owner or responsible representative of the
owner of such land in private ownership, and only then in those places and
under such conditions as the authority, owner or responsible representative
may prescribe and/or agree with.
Spoil shall not be dumped in grazing lands, forest, and environmentally
sensitive areas like; protected areas, unstable hill slope, local river, pond,
lake, area supporting rare plant/animal species, etc. Spoil shall be dumped in
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Part 3: Section IX:
DROBHT/3373564/071/72-134
the environmentally supporting rare plant/animal species, etc. Spoil shall be
dumped in the environmentally safe tipping sites that are approved by the
Project Manager.
66. Safety,
Security and
Environment &
Social Safeguard
Requirements
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 entitled to be upon the site and
keep the site (so as the same is under his control) and the works (so far as
the same are not completed or occupied by the Employer) in an orderly state
appropriate to the avoidance of danger to such persons.
(b) Provide and maintain at his own cost all lights, guards, fencing, warning
signs and watching, when necessary or required by the Project Manager or
by any duly constituted authority, 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 any cut or fill slopes are planted with grass or other plant cover
as soon as possible to protect them from erosion. This planting shall follow
the recommendations given in manuals and handbooks such as "Vegetation
Structures for Stabilizing Highway Slopes - A Manual for Nepal",
Department of Roads.
(e) Shall ensure any spoil or material removed from drains shall be disposed off
to designated stable tipping areas only as directed by the Project Manager.
(f) Shall not use fuel wood as a means of heating during the processing or
preparation of any materials forming part of the Works and for labor camps.
(g) The Project Manager shall have the power to disallow any working practice
or activity of the Contractor including workforce or direct that such
practices or activities be modified should the Project Manager consider, on
the advice of the relevant Government departments, that the practices or
activities will be harmful to wildlife.
(h) Provide on the site such life saving equipment as may be appropriate and an
adequate and easily accessible first aid outfit or such outfits as may be
required by any government ordinance, factory act, etc., subsequently
published and amended from time to time.
(i) Comply with International Labour Organization (ILO) guidelines for the
construction labor.
(j)
Pay the wage rate to the labor not lesser than fixed by the project district;
wage payment for male and female shall be equal.
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Part 3: Section IX:
DROBHT/3373564/071/72-134
Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The
forms for Performance Security and Advance Payment Security, when required, shall only be
completed by the successful Bidder after contract award.
Table of Forms
Letter of Acceptance ........................................................................................................ 39
Contract Agreement ........................................................................................................ 40
Performance Security ...................................................................................................... 42
Advance Payment Security ............................................................................................. 43
Supplementary Information ……………………………………………………………...44
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Part 3: Section IX:
DROBHT/3373564/071/72-134
Contract Forms
Letter of Acceptance
[ on letterhead paper of the Employer]
. . . . . . . [date]. . . . . . .
To: . . . . . . . . . . [ name and address of the Contractor] . . . . . . . . . .
Subject:
. . . . . . . . . . [Notification of Award Contract No]. . . . . . . . . . .
This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of the . . . . . .
. . . .[insert name of the contract and identification number, as given in the Appendix to Bid] . . . . . . .
. . . for the Accepted Contract Amount of the equivalent of . . . . . . . . .[insert amount in
numbers and words and name of currency], as corrected and modified in accordance with the
Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance
with the Conditions of Contract, using for that purpose the of the Performance Security
Form included in Section IX (Contract Forms) of the Bidding Document.
[Choose one of the following statements:]
We accept that __________________________[insert the name of Adjudicator proposed by the
be appointed as the Adjudicator.
Bidder]
[or]
We do not accept that _______________________[insert the name of the Adjudicator
proposed by the Bidder] be appointed as the Adjudicator, and by sending a copy of this
Letter of Acceptance to ________________________________________[insert name of
the Appointing Authority], the Appointing Authority, we are hereby requesting such
Authority to appoint the Adjudicator in accordance with ITB 42.1 and GCC 23.1.
Authorized Signature: ...................................................................................................................
Name and Title of Signatory: ........................................................................................................
Name of Agency: ..........................................................................................................................
Attachment: Contract Agreement
3-38
Part 3: Section IX:
DROBHT/3373564/071/72-134
Contract Forms
Contract Agreement
THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . .
. [name of the Employer]. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . . .
[name of the Contractor]. . . . .(hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as . . . . . [name of the Contract]. . . .
.should be executed by the Contractor, and has accepted a Bid by the Contractor for the
execution and completion of these Works and the remedying of any defects therein,
The Employer and the Contractor agree as follows:
1.
In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2.
The following documents shall be deemed to form and be read and construed as
part of this Agreement. This Agreement shall prevail over all other Contract documents.
(a)
the Letter of Acceptance
(b)
the Bid
(c)
the Addenda Nos . . . . . [insert addenda numbers if any]. . . . .
(d)
the Particular Conditions
(e)
the General Conditions;
(f)
the Specification
(g)
the Drawings; and
(h)
the completed Schedules,
3.
In consideration of the payments to be made by the Employer to the Contractor as
indicated in this Agreement, the Contractor hereby covenants with the Employer to
execute the Works and to remedy defects therein in conformity in all respects with the
provisions of the Contract.
4.
The Employer hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be
executed in accordance with the laws of . . . . . [name of the borrowing country]. . . . .on
the day, month and year indicated above.
3-39
Part 3: Section IX:
DROBHT/3373564/071/72-134
Contract Forms
Signed by:
Signed by:
for and on behalf of the Employer
for and on behalf the Contractor
in
the
presence of:
in
the
presence of:
Witness, Name, Signature, Address, Date
Witness, Name, Signature, Address, Date
3-40
Part 3: Section IX:
DROBHT/3373564/071/72-134
Contract Forms
Performance Security
[Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: .......................................[Name and Address of Employer] ..........................................
Date: ............................................................................................................................................
Performance Guarantee No.: ...................................................................................................
We have been informed that . . . . . [name of the Contractor]. . . . . (hereinafter called “the
Contractor”) has entered into Contract No. . . . . . [reference number of the Contract]. . . . . dated .
. . . . . . .with you, for the execution of . . . . . . [name of contract and brief description of Works]. . . .
. (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.
At the request of the Contractor, we . . . . . [name of the Bank]. . . . . hereby irrevocably
undertake to pay you any sum or sums not exceeding in total an amount of . . . . . . . . . [name
of the currency and amount in figures] 1. . . . . . (. . . . . [amount in words]. . . . . ) such sum being
payable in the types and proportions of currencies in which the Contract Price is payable,
upon receipt by us of your first demand in writing accompanied by a written statement stating
that the Contractor is in breach of its obligation(s) under the Contract, without your needing
to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . 2, and any
demand for payment under it must be received by us at this office on or before that date.
458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
. . . . . . . . .
[Seal of Bank and Signature(s)]
.
.
.
.
.
.
3-41
.
.
.
.
.
.
.
.
.
.
.
.
.
Part 3: Section IX:
DROBHT/3373564/071/72-134
Contract Forms
Advance Payment Security
[Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: ...................................... [Name and Address of Employer] .........................................
Date: ............................................................................................................................................
Advance Payment Guarantee No.: ..........................................................................................
We have been informed that . . . . . [name of the Contractor]. . . . . (hereinafter called “the
Contractor”) has entered into Contract No. . . . . . [reference number of the Contract]. . . . . dated
. . . . . . . .with you, for the execution of . . . . . . [name of contract and brief description of Works]. . .
. . (hereinafter called “the Contract”).
Furthermore, we understand that, according to the Conditions of the Contract, an advance
payment in the sum . . . . . [name of the currency and amount in figures] 1. . . . . . (. . . . . [amount in
words]. . . . . ) is to be made against an advance payment guarantee.
At the request of the Contractor, we . . . . . [name of the Bank]. . . . . hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of . . . . . [name of the currency and
amount in figures]*. . . . . . (. . . . . [amount in words]. . . . . ) upon receipt by us of your first demand
in writing accompanied by a written statement stating that the Contractor is in breach of its
obligation under the Contract because the Contractor used the advance payment for purposes
other than the costs of mobilization in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on its account number .
. . . . [Contractor’s account number]. . . . . at . . . . . [name and address of the Bank]. . . . . .
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor as indicated in copies of interim statements or
payment certificates which shall be presented to us. This guarantee shall expire, at the latest,
upon our receipt of a copy of the interim payment certificate indicating that eighty (80)
percent of the Contract Price has been certified for payment, or on the . . . day of . . . . . . . , . .
. . . 2, whichever is earlier. Consequently, any demand for payment under this guarantee must
be received by us at this office on or before that date.
458.
. . . . . . . . . . . . . . [Seal
of
Bank
and
3-42
Signature(s)].
. . . . . . . . . . . . .
Part 3: Section X:
DROBHT/3373564/071/72-134
Supplementary Information
Section X. Supplementary Information
The Bidder shall provide the following information as per the provision in ITB – 43:
a) Name and address of agent:
b) Commission amount payable to the local agent, Currency, payment mode:
c) Any condition made and applicable:
d) In case of Local agent the bidder shall provide the copy of PAN registration of the agent
and acceptance letter from the agent to act as a local agent.
3-43

Improvement of Tandi bazaar Road Section of East

Transcription

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