Professional Documents
Culture Documents
FOR
2016
Project Seabird Phase IIA
RFP: Hill Slope Stability Study
DISCLAIMER
2. This TENDER for Study is not an agreement and is neither an offer nor invitation
by the Employer to the prospective Tenderers or any other person or entity. The
purpose of this TENDER for Study is to provide interested Tenderers with
information that may be useful to them in the formulation of their Proposals
pursuant to this TENDER for Study. This TENDER for Study includes
statements, which reflect various assumptions and assessments arrived at by the
Employer in relation to the Study. Such assumptions, assessments and
statements do not purport to contain all the information that each Tenderer may
require. This TENDER for Study may not be appropriate for all persons or
entities, and it is not possible for the Employer, its employees or advisers to
consider the objectives, technical expertise and particular needs of each
Tenderer who reads or uses this TENDER for Study.
4. The Employer also accepts no liability of any nature whether resulting from
negligence or otherwise however caused arising from reliance of any Tenderer
upon the statements contained in this TENDER for Study.
5. The Employer may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or
assumption contained in this TENDER for Study.
6. The issue of this TENDER for Study does not imply that the Employer is bound to
select a Tenderer or to appoint the Selected Tenderer, as the case may be, for
the Study and the Employer reserves the right to reject all or any of the
Proposals without assigning any reasons whatsoever.
7. The Tenderer shall bear all costs associated with or relating to the preparation
and submission of its Proposal including and not limited to preparation, copying,
postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by the Employer or any other costs incurred
in connection with or relating to its Proposal. All such costs and expenses will
remain with the Tenderer and the Employer shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by
any Tenderer in reparation or submission of the Proposal, regardless of the
conduct or outcome of the Selection Process.
TABLE OF CONTENTS
SECTION I
NOTICE INVITING TENDER
Sealed tenders are invited from eligible Tenderers under two bid system for the work of “Hill Slope
Stability Study for Project Seabird Phase IIA, at Karwar.’’ as per the details furnished hereunder:
Cost of tender document: Non-transferable tender documents with relevant details can be obtained
from the office of DG, Project Seabird, West Block V, RK Puram, New Delhi 110066 between 3rd March
2016 to 31st March 2016, during working hours, on payment of non-refundable fee of Rs. 1000/- in the
form of Demand Draft drawn in favour of Director General Project Seabird New Delhi payable at New
Delhi.
EMD: Rs 1,26,000/- (Rupees One Lakh Twenty Six Thousand only) in favour of Director General Project
Seabird New Delhi-110066. EMD will be submitted along with offer in the form of FDR/Bankers
cheque/Bank Guarantee from any Indian Nationalised Bank/Scheduled commercial Bank permitted to
carryout business in India. Exemption from submission of EMD is allowed for SSI units registered with
NSIC against valid NSIC certificate.
Site of Work: Naval Base at Karwar located at 110 KM South of Goa on the Western Coast of India.
Completion period: 180 Days from the Commencement Date
Qualification Criteria:
1. MINIMUM AVERAGE ANNUAL TURNOVER
The tenderer should have an average annual turnover (inclusive of Service Tax) of at least Rs.
21.10 lakhs during the last 3 financial years (ending as on 31st March 2015).
Notes:
a) The above information is to be submitted in the attached FORM-I.
b) The Bidders should note that the average turnover shall be calculated by adding the turnover
of the last three financial years and dividing the same by 3.
c) Documentary proof for turnover such as audited balance sheet, profit & loss account
statement for annual turnover shall be submitted with the tender (copies duly notarized).
2. SIMILAR WORK EXPERIENCE
The tenderer should have successfully completed “similar works in India” of values as well as
magnitude (area-wise) listed below during the last Seven (07) Years (ending as on 31st March
2016).
a) Three similar completed works each costing not less than Rs. 26.80 lakhs.
(or)
b) Two similar completed works each costing not less than Rs. 33.50 lakhs.
(or)
c) One similar completed work costing not less than Rs 53.60 lakhs.
Notes:
(i) List of similar works shall be provided in the attached FORM-II and details of each works
shall be provided in FORM-IIA
(ii) “Similar Work” means Hill Slope Stability Studies of areas having hilly terrain (hilly
catchment areas including creeks and nallah).
(iii) Documentary proof (in support of completed works in past) such as completed contract(s)
completed work order(s). Completion certificate or Employer’s Certificate for such
experience should be submitted by the Tenderer.
3. CURRENT CONTRACT COMMITMENTS
Tenderer shall provide the information about its current contract commitments for the next twenty
four months from the date of “Notice Inviting Tender/ Tender publish date” in FORM-III
4. KEY PERSONNEL MINIMUM QUALIFICATION
The Tenderer should propose adequate number of resources based on their understanding of the
requirement of the study and work assignment.
The Tenderer should propose a multi-disciplinary team of well qualified professionals for this
assignment having educational qualifications, experience, and proven competency to deliver the
tasks as per schedule.
Declaration of exclusive association should be furnished in the tender document for the project
based associates.
Tenderer shall provide the information about the personnel/staff proposed for the performance of
this contract. As a minimum, the Bidder is required to engage the following key personnel for
conducting the study, processing of data and submission of reports:
Minimum
S.
Position number Qualification and Experience Responsibility
No.
required
1 Geotechnical 1 M.Tech.in Geotechnical Responsible for overall
Engineer (Team Engineering with total 15 years project planning and
Leader) of overall work experience management, assessment
including 10 years of relevant of technical input at various
experience in design and stages, coordination and
development of hilly area or submission of deliverables
similar site conditions.
2. Site Supervisor 1 Diploma/B.E. /B.Tech. (Civil Responsible for monitoring
Engineering) with minimum 5 and timely completion of all
years of work experience in related field activities carried
handling civil site works. out for rock-fall /landslide
stabilization works.
3. Geologist 1 Post-graduation M.E./ M.Tech./ Responsible for detailed
M.Sc. in Engineering Geology Geological study and
with preferably 10 years of preparation / finalization of
overall experience in maps and drawings.
geological study.
4. Support Staff - ITI/Diploma (civil engineering) Responsible for preparation
with minimum 5 years of of analysis and drawings.
AutoCAD experience Also assist Geotechnical
Engineer and Geologist in
preparations of maps/
drawings, BOQ etc.
Notes:
(i) The Tenderer shall provide information about the personnel/staff proposed for the
performance of this contract in FORM-V.
(ii) The Tenderer shall also submit the CVs of the proposed personnel/staff.
5. DETAILS OF TENDER
C. Due Date & Time of Submission Of Tender 26th April 2016 up to 1500 Hours
D. Date & Time of Opening of Tender Part-I 26th April 2016, 1515 Hours
Office of:
Director General,
E. Place of Submission of Your Tender Project Seabird,
West Block V, R K Puram,
New Delhi -110066
F. Earnest Money Deposit Rs. 1,26,000/-
INSTRUCTIONS TO TENDERERS
1. SUBMISSION OF TENDER
Tender shall be prepared and submitted in separate sealed covers in two parts as follows:
1.1. Part-I: Technical Offer (including EMD, technical part duly filled in)
1.1.1. Tenderer is requested to submit Tender Part-I under a covering letter clearing indicating details
of tender, chapters, annexure/schedules of Tender (Section-I to Section-IV). The complete
Technical Offer, including drawings (if any) and documents and EMD are to be included in this
packet. Part-I: Technical Offer shall be completely filled in with required information. This shall
also contain the blank Price Schedule (as given in Section-V). The properly filled out Section-V
Price Schedule shall be submitted in Part II.
1.2. Part–II: Financial Offer or Price Part
1.2.1. Financial Offer or Price Part shall consist of only the properly filled-out Section – V Price
Schedule supplied by the Employer under a covering letter and no other documents. Schedule
of price shall be read in conjunction with work description, relevant specifications, scope of
work, Notice Inviting Tender, General Conditions of Contract, Special Conditions of Contract
and any other document issued in relation to this tender before tender submission date.
1.2.2. No soft copy of the tender documents can be given. Tenderer shall photocopy the Employer’s
Price Schedule and provide the prices in figures and words.
The Price Schedule, Section 5 of Tender Documents should only be properly filled out,
stamped and signed in Part-II.
1.3. The Tender must be submitted as stipulated below:
1.3.1. Part-I in 3 (three) copies and,
1.3.2. Part-II in 3 (three) copies in a separate Sealed Cover as mentioned above, super scribing the
Tender No., Part No. (i. e. Part – I or Part-II), and the last date of receipt of tender on the cover.
Both sealed packet of Part-I & Part-II shall be sent in another cover duly sealed
indicating tender no., description and due date of opening.
1.4. Insertion, post-script, addition and alteration shall not be recognized unless confirmed by
tenderer's signature and stamp.
1.5. Incomplete tender(s) (not submitted as per requirement as indicated in the `Notice Inviting
Tender') or tender(s) prepared in any other form will be rejected.
1.6. The Employer will not return any document or proposal except unopened Technical/ Financial
proposals (if any) or any information related thereto.
1.7. The tenders as submitted will consist of the following:
1.7.1. Methodology – The tenderer shall submit a brief methodology of conducting the study which
inter alia shall include the following:
Site familiarization (including, but not limited to the measures, tenderer proposes to tackle
site conditions as mentioned in “Clause 19 of Special Conditions of Contract” and “Clause
21 of Instructions to Tenderers in this Section”.)
Data collection on Project Site.
Data collection off Project Site.
2.1.2. Preparation of draft and final reports and design of works in both soft (electronic) and hard copy
including all the drawings/ sketches/ charts, and data/ figures as laid down in Section-IV
‘Technical Specifications and Scope of Work” and/or as mentioned elsewhere in the Tender.
3. PRICE
3.1. The tenderer shall quote a lump sum price under the Price Schedule. The Contract will be
operated on a lump sum basis for a fixed scope of work which includes deliverables, as given
under the Section-IV. The lump sum quoted price for the work shall be firm and binding for the
detailed scope of works as per specifications and drawings/figures.
3.2. The tenderer’s quoted price under the Price Schedule as given in Section-V shall be inclusive of
all the costs towards “technical/ non-technical personnel or workers, various instruments and
equipment’s, software, technology, resources, support and overheads” of “any nature, type,
size, form and quantum” ‘employed, hired or engaged’ by the Tenderer/ Contractor for the
‘performance of the Contract’. The tenderer/ Contractor shall also not claim anything extra, over
and above the ‘amount quoted in Section-V Price Schedule’ for his cost towards Site visits, site
inspections, ‘temporary/ permanent accommodation or lodging of his workers, employees or
agents’, site access solutions, travelling, transportation, communication, transfer of lives and
dead objects or equipment and ‘form of reports, models, recommendations, requisitions,
approvals, information and other submittals or mediums’ etc. in connection with the
‘performance of the Contract’ or ‘familiarization of site conditions’, of any type, size, nature, form
and quantum.
3.3. The tenderer shall quote the prices both in numerical figures and words. No material
modification to the specifications, items as described in price schedule, scope of work, contract
clauses shall be entertained.
3.4. In case of difference in the prices quoted in words and figures, the price mentioned in words
shall be considered.
3.5. All the taxes, duties and other Government levies, as applicable, shall be included in the above
price, as explained in Clause 4.1 & 4.2 hereinafter.
3.6. Any work or activity which is not specifically mentioned under scope or Price Schedule, but
required to be executed to complete the assignment within accepted and minimum engineering
practice shall be done at no extra cost. In case of any material deviation, i.e. additions/deletions
in defined scope of work beyond the drawings/ figures and as mentioned in price schedule, the
valuation of deviation shall be made as per Condition 30 of General Conditions of Contract. The
total contract price shall be adjusted accordingly.
4. TAXES AND DUTIES
4.1. All the taxes & duties are to be included in the enclosed Schedule of Prices. The Schedule of
prices quoted shall bear all applicable taxes (such as value added or sales tax, service tax,
income taxes, duties, fees, levies) including tax on works contracts and/or service contracts as
applicable.
4.2. All existing taxes and duties including Excise Duty, Sales Tax, Service Tax, Works Contract
Tax, Entry Tax, Fees, levies, octroi or other charges levied on the tenderer in connection with
the contract work shall be borne by the tenderer. All new taxes on the Contract as a whole
imposed by Government legislation during the Contract period shall be reimbursed by the
Employer using actual costs, against documentary evidence.
5. TERMS OF PAYMENT
5.1. Subject to any deductions which are authorized to be made under the contract, the contract
price shall be payable as indicated in the enclosed General Conditions of Contract.
6. TIME OF COMPLETION
6.1. Time of completion to this study is 180 Days from date of commencement as mentioned in Para
5J of Section-I: Notice inviting Tender.
7. LIQUIDATED DAMAGES
7.1. Liquidated Damages shall be applicable as per Clause 21 of General Conditions of Contract.
8. PERIOD OF VALIDITY OF TENDER
8.1. Unless otherwise specified, the Tenderer shall keep his tender valid initially for a period of 120
days from the date on which the tenders are due to be submitted.
9. LANGUAGE
9.1. The tender shall be submitted in English language.
10. EARNEST MONEY DEPOSIT
10.1. The Contractor(s) shall submit Earnest Money Deposit as detailed in Notice Inviting Tender in
one of the following forms along with their tender.
10.2. FDR/Banker’s Cheque/ Bank Guarantee as per Annexure - D from any Indian Nationalized
Bank/ Scheduled Commercial Bank permitted to carry out business in India, in favour of Director
General, Project Seabird Payable at New Delhi. The FDR/Banker’s Cheque/ Bank Guarantee
shall be valid for a period of 165 Days from the due date of submission of tender.
Non-submission of Earnest Money will render the Tender as invalid and consequently
rejected.
11. CAPACITY OF THE TENDERER
11.1. TECHNICAL CAPACITY
The Tenderer shall demonstrate the Employer’s Representative/Engineer that he possesses the
necessary technical experience and qualification and that he has, at his disposal, suitable
modern facilities and properly qualified staff to ensure that he can undertake the work with high
quality and workmanship. The Tenderer shall furnish necessary particulars with documentary
proof in this regard with the Offer.
11.2. LEGAL CAPACITY
The Tenderer shall satisfy Employer’s Representative/Engineer that he is competent and
authorized to submit the Tender and/or to enter into a legally binding Contract with the
Accepting Officer. To this effect any person giving a Tender shall render documentary evidence
that his signature on the Tender submitted by him is legally binding upon himself, his firm or
company, as the case may be.
11.3. AUTHORITY OF PERSON SIGNING DOCUMENTS
Even in case of firm or companies which have already granted power of Attorney to an
individual authorizing him to sign tender and in pursuance of which tenders are being signed by
such person as a routine, a fresh power of Attorney duly executed in his favour stating
specifically that the person has authority to bind such partners of the firm or the company as the
case may be, to the condition relating to Arbitration Clause, should be submitted with the tender
unless such authority has already been given by the firm or the company.
time period. The tenderers are expected to be fully conversant with effective scheduling
techniques and shall employ technical staff who can use the technique in sufficient details.
17.3.2. The tenderer’s attention is drawn to special conditions of the tender regarding preparation of the
detailed schedule/programme for the work and it is his liability for employing sufficient resources
to adhere to this schedule.
17.4. The Employer may issue amendments/errata to the tender documents before due date of
submission of tenders. The tenderer is required to read the tender documents in conjunction
with the amendments, if any, issued by the Employer. The Tenderer is not supposed to
incorporate the amendments/errata in the body of the tender documents either in ink or pencil.
In case the amendments /errata issued are incorporated by the Tenderer in the body of the
tender, these shall not be considered and the amendments/errata to tender documents as
issued by the Employer shall only hold good.
18. Under no circumstances, Tenderers who have close business dealing with one another/sister
concern be allowed to tender for the same contract as separate competitors. A breach of this
condition will render the tenders of both the parties liable for rejection.
19. The DG, Project Seabird, West Block V, R K Puram, New Delhi – 110066 or any person(s) duly
authorised by him shall be the Accepting Officer here-in-after referred to as such for the
purpose of this contract.
20. The Employer shall return the Earnest Money where applicable to all unsuccessful tenderers by
endorsing an authority on the deposit receipt for its refund. The Employer will return the earnest
money to the successful tenderer by endorsing on the deposit receipt for its refund on receipt
and verification of an appropriate amount of Performance Security Deposit.
21. It is mandatory for the tenderers to visit the site physically by making prior appointment with
Employer’s Representative/Engineer. They shall inspect all available documents, reports,
studies (if any) etc. mentioned herein, in due possession of the Employer/ Engineer. In case no
site visit is made by the tenderers, their tender shall not be accepted.
During the site visit, the tenderer shall acquaint himself/ themselves with the “flora & fauna,
hidden/ visible habitats, live or dead dangers, accessible/ inaccessible areas/ levels/ heights/
depths, life survival requirements & necessities, other hazards, obstructions, accesses and
limitations” of “any nature, type, size, shape and quantum” in and around the site periphery and
shall not claim anything extra except the price quoted in “Section-V: Price Schedule” towards
such conditions at site.
For the Purpose of Site-visit, tenderer will forward the requests on their letterhead accompanied
by bio-data for security clearance as per format given in Annexure-C of Section-1, within 10
days of issue of “Notice Inviting Tender”, to the following and shall coordinate further:
The data (documents, reports, studies etc., if any) as mentioned above shall be available for
inspection by tenderers at the office of the Engineer, for guidance and reference of the
tenderers. The tenderers will not be allowed to obtain photocopy of any material nor shall seek
any clarification from the Engineer. The tenderer shall contact the Engineer’s office for prior
appointment for such inspection. The location of Engineer’s office and concerned person is as
follows:
22. A tenderer shall be deemed to have gained full knowledge of all such related site conditions,
documents, reports, studies, site etc. whether he has inspected such transcripts or not and shall
not claim anything extra except the price quoted in “Section-V: Price Schedule” towards
performance of the contract.
23. If any tenderer proposes any alterations to any of the conditions laid down or which proposes
any other conditions of any description whatsoever, his tender is liable to be rejected. The
specific confirmation sheet enclosed as Annexure–A shall be duly signed and submitted.
24. The submission of a tender by a tenderer implies that he had fully read this notice and other
communications of contract and has made himself/herself aware of the scope, specifications of
and local condition of the work that may be awarded to him and other factors likely to have
bearing on the execution of the work.
25. Tenderers must be very careful to deliver a bona fide tender complete with all the documents
forming part of the tender. A bona fide tender must satisfy each and every condition laid down in
this notice.
26. The Accepting Officer does not bind himself to accept the lowest or any Tender or to give
reason for not doing so.
27. The Accepting Officer reserves his right to accept a tender submitted by a Public Undertaking
giving a purchase preference over other tender(s) which may be lower as are admissible under
the Government Policy. No claim for any compensation or otherwise shall be admissible from
such tenderer whose tender may be rejected on account of the said policy.
28. Miscellaneous:
28.1. The Employer takes no responsibility for delay or non-receipt of offers sent by post. Offers
received after due date and time will not be considered.
28.2. The Employer reserves the absolute right to reject any or all offers and cancel the tendering
process without assigning any reasons whatsoever. The opinion/decision of The Employer shall
be final and conclusive. The Employer shall neither be held liable for such action nor be under
any obligations to inform the applicant of the reasons for the same.
28.3. Offers from Joint Ventures/ Consortium will not be considered.
28.4. Purchase preference policies as per the latest Government of India guidelines will be
applicable.
ANNEXURE - A
Yours Sincerely,
Signature of the Tenderer along with seal
The undersigned declares that the statements made and the information provided in the application being
submitted, are complete, true and correct in every detail.
Sign
Name
Note: Certified true copies as proof for power of attorney is to be enclosed along with tender documents.
FORM – I
ANNUAL TURNOVER DATA FORM
(SHOULD BE COUNTERSIGNED BY AUDITOR)
Name of Applicant:
FY2012-2013
FY2013-2014
FY2014-2015
Attach: - Copies of audited balance sheets for the year as mentioned above.
FORM – II
PARTICULAR EXPERIENCE RECORD
List of “Similar Works” to the proposed works for which Tender is being sought, should contain only the
works awarded/ completed.
(FURNISH INFORMATION IN THIS FORM FOR ALL SIMILAR WORKS UNDERTAKEN. USE FORM-IIA
SHEET SEPARATELY FOR EACH ITEM)
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
In the above Table, list only those works which have similar nature and complexity to the nature of work
under this contract. The details of each of the works mentioned in the above table must be provided
separately in Form IIA.
Wherever Form IIA is not furnished for any item, the item will not be considered.
FORM – IIA
DETAILS OF CONTRACTS OF SIMILAR NATURE AND COMPLEXITY
(FURNISH INFORMATION IN THIS FORM FOR ALL THE ITEMS LISTED IN FORM II. USE SEPARATE
SHEET FOR EACH ITEM)
2 Country
4 Employer’s Address
8 Date of Award
9 Date of completion
10 Specified requirements
Notes:
Documentary proof in support of executed works such as work order along with completion certificate or
Employer’s Certificate for such experience should be submitted by the Tenderer. In the absence of
documentary proof, the details will be not considered.
TENDERER’S SIGNATURE
WITH STAMP
FORM – III
CURRENT CONTRACT COMMITMENTS
(TO BE COUNTERSIGNED BY AN AUDITOR)
Value of outstanding
work for the next 24
Value of Tenderer’s
Stipulated months (Rs. Lakhs) Estimated
Name of Name of portion of total
date of completion
Contract Employer contract (Rs.
completion (As from/on date of date
Lakhs)
Notice Inviting
Tender)
Total value
FORM – IV
Resources proposed for the work
The Tenderer should list all the important resources, if any, which the tenderer intends to mobilise/ use to
carry out the Works under this contract.
FORM – V
Personnel/Staff proposed for the Project
(Here specify the qualification and experience summary of the Key Personnel proposed to be employed
for the work)
2 Site Supervisor
3 Geologist
4 Support Staff
FORM – VI
Proposed Organisation
(Here narrate the Organisation Chart for personnel exclusively to be engaged for the works)
FORM – VII
Additional Information
Please add any further information that you consider to be relevant to the evaluation of your application
for qualification. If you wish to attach any other documents, please list below.
Tenderers should not enclose testimonials, certificates and publicity material with their applications. They
will not be taken into account in the evaluation of qualifications and will be discarded.
ANNEXURE – B
CHECK LIST FOR THE INFORMATION TO BE FURNISHED BY THE TENDERER ALONG WITH
OFFER/ TENDER FOR HILL SLOPE STABILITY STUDY
Sl. NOT
DESCRIPTION FURNISHED
No FURNISHED
1 Earnest Money Deposit in line with “Notice Inviting Tender”
2 Power of Attorney in favour of a person signing the tender
documents duly notarized in original. This will be in a stamp
paper and the signature of the person shall be duly attested.
Private/Public Limited companies shall enclose the relevant
Board Resolution.
3 One set of entire tender documents (BLANK/ UNFILLED) duly
signed on each page as a token of acceptance of all the
tender terms and conditions mentioned therein including Price
Schedule.
4 Duly filled-in Form I, II, IIA, III, IV, V, VI & VII with all the
supporting documents such as annual reports/balance sheets,
work order copies, completion certificates from Employers and
other information as sought in support of meeting the
Qualification criteria mentioned in Section-I ‘Notice Inviting
Tender’.
5 Quality Procedures
6 CVs of proposed staff & personnel
7 Brief methodology of Conducting Study
8 Work Plan Proposed for showing how the tenderer proposes
to organize and carry out the study
9 Any other technical information the tenderer wishes to furnish
10 Latest Service tax receipt/ certificate along with PAN and
Service Tax numbers as applicable
11 Deviations if any, to be spelt out separately
12 Letter from the Tenderer (Annexure-A)
13 Duly signed all correspondence letters received from
Employer in token of its acceptance.
ANNEXURE – C
FORMAT FOR DETAILS OF PERSONNEL/ STAFF TO MAKE VISIT AT SITE FOR SUBMISSION TO
IHQ MoD (NAVY)/ NAVAL BASE KARWAR (SITE)
Foreign Nationals
1. Name :
2. Occupation :
3. Sex :
4. Firm’s Name :
5. Date of Birth :
6. Nationality :
7. Parent’s Name :
8. Present Address :
9. Permanent Address :
10. Address in India:
11. Passport No. :
a) Place of Issue : b) Date of Issue :
c) Issuing Authority: d) Valid up to :
12. Whether previously visited in IN Ships/Establishments:
Place: Date of visit: Purpose:
13. Proposed Date of Visit :
Indian Nationals
1. Name :
2. Designation :
3. Sex :
4. Date of Birth :
5. Father’s Name :
6. Nationality :
7. Firm’s Name :
8. Office Address :
9. Proposed date of Visit:
10. Purpose of Visit :
* For Indians, submit Government issued IDs along with the pro-forma.
** For foreigners, copy of passport, valid visa and address for stay in India to be furnished along with this
pro-forma.
ANNEXURE – D
…………………………….
(Signature of the Authorized Officer of the Bank)
Name and Designation of the Officer
Seal, Name & Address of the Bank and Address of the Branch
6. We, _________________ further agree with Employer that the Employer shall have the fullest
liberty without our consent and without affecting in any manner our obligations here under to vary
any of the terms and conditions of the said Contract or to extend time of performance by the said
Contractor from time to time or to postpone for any time or from time to time any of the powers
exercisable by the Employer against the said Contractor and to forbear or enforce any of the
terms and conditions relating to the said Contract and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said Contract(s) or for
forbearance, act or omission on the part of the Employer or any indulgence by the Employer to
the said Contractor or by any such matter or thing whatsoever which under the law relating to
sureties would but for this provision have effect of so relieving us.
7. This guarantee will not be discharged due to any change in the constitution of the bank or the
Employer.
8. We, ________________ lastly undertake not to revoke this guarantee during its currency except
with the previous consent of the Employer in writing.
Dated the day of, 2016
for ________________________
(Indicate the name of the bank)
Bank Guarantee No. ______________
Bank's Postal Address ______________
Note: The Bank Guarantee in original shall be accompanied with the Banker’s covering letter in
their printed letterhead confirming that they are issuing the Bank Guarantee as per the
request of the party for the prescribed amount.
SECTION II
GENERAL CONDITIONS OF CONTRACT
PART I
1. DEFINITIONS
1.1 The “Contract” means the documents forming the tender and acceptance thereof, together with
the documents referred to therein including these Conditions, Schedules and/or General
Summary attached to the form of tender, the Specifications and the drawings, and all these
documents, as applicable taken together shall be deemed to form one Contract and shall be
complementary to one another,
1.2 The “Tender Documents” means the form of tender, the applicable Schedules and/or General
Summary, these Conditions, and the Specifications and/or Drawings as loaned to Tenderers for
the purpose of preparing their tenders.
1.3 The “Works” or “Study” means the works described, indicated and/or shown in the tender
documents, as required for the performance of the Contract.
1.4 The “Site” means the lands and/or other places on, in, into or through which work is to be
executed under the Contract or any adjacent land, path or street which may be allotted or used
for the purpose of carrying out the Contract.
1.5 The “Contractor” means the individual or firm or company, whether incorporated or not, the
tenderer whose tender has been accepted by the Employer through Letter of Acceptance,
undertaking the Works or Services and shall include the legal personal representatives of such
individual or the persons comprising such firm or company, or the successors of such individual
or firm or company and the permitted assigns of such individual or firm or company.
1.6 “Employer” means the President of India, represented by Director General Project Seabird, his
successors in office and assigns and the “Accepting Officer” means the officer who signs the
contract on behalf of the President of India, for this contract, duly authorised by the Director
General, Project Seabird.
1.7 The “Engineer” means the qualified Engineer appointed by the Employer (DG, Project Seabird)
to supervise the Works or part of the Works. M/s AECOM India Pvt Ltd has already been
appointed as the Engineer.
1.8 “Approved” and “directed” mean the approval or direction of the Employer (DG, Project Seabird)
or person deputed by him for the particular purpose.
1.9 “MoD.” means the “Ministry of Defence, Government of India”.
1.10 “I.S.” means “Indian Standards” as issued by Bureau of Indian Standards together with any
amendments.
1.11 The “Contract Sum” means The sum for which the tender is accepted;
1.12 The “Final Sum” means the amount payable under the contract by the Employer to the
Contractor for the full and entire completion of the Works.
1.13 “Accepted Risks” mean the risk on the Site, accepted by the Accepting Officer, of riots
(otherwise than among Contractor’s employees), war, invasion, act of foreign enemies,
hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, damage from
air craft and acts of God such as earthquake, lighting, unprecedented floods and tornado.
1.14 The “Date for Completion” is the date for completion of whole works as set out in the tender
document, or any subsequent amendment thereto as provided in the condition 8 and 9
hereinafter.
1.15 A “Week” means seven days without regard to the number of hours worked or not worked in any
day in that week.
1.16 A “Day” means a day of 24 hours irrespective of the number of hours worked or not worked in
that day.
1.17 A “Working Day” means any day other than that prescribed by the Negotiable Instruments Acts
as being a holiday and consists of the number of hours of labour as commonly recognised by
good employers in the trade in the district where the work is carried out.
1.18 “Specifications” or “Technical Specifications” means those contained, in the tender together with
any amendments.
1.19 “Detailed Design” is the design that shall be developed by the Contractor and any approved
amendments thereafter. It shall comprise of all necessary and sufficient plans, sections and
details for the tendering of various construction packages and facilities at the Project Seabird. It
shall be safe & fully compliant with the Employer’s Requirements before it is accepted by the
Employer.
1.20 “Drawings” means the drawings referred in this contract and any modification of such drawings
approved in writing by the Employer/ Employer’s representative/ Engineer.
1.21 “Commencement Date” means the date of signing the contract. After the Letter of Acceptance
received by the Contractor, the Engineer shall give 15 days’ notice for submission of
Performance Bank Guarantee. The contract shall be signed between 7 days to 28 days after the
submission of Performance Bank Guarantee.
1.22 “Workplace means a place/ or location where site staff/ employee/ labour are at work those are
employed in connection with the work under the contract.
6.2 If there are varying or conflicting provisions made in any one document forming part of the
Contract, DG Seabird (The Employer) shall be the sole deciding authority with regard to the
intention of the document and his decision in this respect shall be final and binding.
6.3 Any error in description, quantum of work or any omission there from shall not vitiate the
Contract or relieve the Contractor from the execution of the whole or any part of the Works
comprised therein according to the scope of work, drawings and specifications or from any of
his obligations under the Contract.
7. VARIATIONS
7.1 The Contractor shall not make any alteration in, addition to or omission from, the Works as
described in the tender documents except in pursuance of the written instructions of the
Engineer.
7.2 No work that radically changes the original nature and scope of the Contract shall be ordered as
a Variation and in the event of disagreement between the Contractor and Engineer, the decision
of the DG, Project Seabird (Employer), shall be final and binding on the Contractor.
7.3 The Accepting Officer, or person specially authorised by him on his behalf, may direct a
variation, either by way of addition to and/or deduction, from the Works so described provided
that the Contract Sum be not, thereby, varied on the whole by more than the percentage set out
in the tender documents (referred to herein below as the 'Variation Limit'), subject to the
following restrictions:
7.3.1 The variation limit in respect of variable scope of work shall be limited to ±25% of the total
contract value without any limit on variation in quantities of individual items.
7.3.2 Variation limit in respect of new items if any for fixed scope of work shall not exceed 10% of the
total contract value of the fixed scope.
7.3.3 Overall Variation limit in respect of entire scope of work in this contract shall be as per Clause
15 of Special Conditions of Contract.
7.4 All additions and deductions will be priced as per Condition 30 hereof and added to or deducted
from the Contract Sum. Whenever the Accepting Officer intends to exercise such right his
intention shall be communicated to the Engineer whose order in writing shall specify the
deviations which are to be made, the lump sum assessment or the proposed basis of payment,
the change, if any, in the date or completion of the relevant phase and/or the entire Contract.
Any objection by the Contractor to any matter concerning the Variation Order, shall be notified
by him in writing to the Engineer within fifteen days from the date of receipt of such order, but
under no circumstances shall the progress of the Works be stopped (unless so ordered by the
Engineer) owing to differences or controversy that may arise from such objection. In default of
such notification the Contractor will be deemed to have accepted the order and the conditions
stated therein without in any way affecting the right of the parties to rectify any mistake on the
basis of payment only to the extent it differs from Condition 30 of General Conditions of
Contract. In the event of the Contractor failing to agree with the Engineer regarding the
proposed alteration of time, the objection shall be referred to the DG Seabird (Employer) whose
decision shall be final and binding.
8. SUSPENSION OF WORKS
8.1 The Contractor shall, on receipt of the order in writing of the Engineer, suspend the progress of
the Works, or any part thereof, for such time and in such manner as the Engineer may consider
necessary for any of the following reasons:
8.2 on account of any default on the part of the Contractor; or
8.2.1 for proper execution of the Works or part thereof for reasons other than the default of the
Contractor; or
8.2.2 for safety of the Works or part thereof.
8.3 If the suspension is ordered for reasons (8.1.2) and (8.1.3) in Sub-para (8.1) above, the
Contractor shall be entitled to an extension of time equal to the period of every such suspension
9. TIME, DELAY AND EXTENSION
9.1 Time for completion to this study is 180 Days.
9.2 As soon as possible after the Contract is awarded and before Work under is begun, the
Engineer and the Contractor shall agree upon a Time Schedule/programme, as duly been
proposed by the Contractor. The Schedule/programme shall be prepared in direct relation to the
time stated in the contract documents for completion of the individual items thereof and/or the
Contract as a whole. It shall indicate the forecast of the dates for commencement, completion,
submission and approvals as required, of the various items of the work, and shall be amended
as may be required by agreement between the Employer and the Contractor within the limitation
of time imposed in the contract documents. The request for “Extension of Time” by the
Contractor shall be considered by the employer, only if:
9.2.1 by force majeure, or
9.2.2 by reason of abnormally bad weather, or
9.2.3 by reason of serious loss or damage by fire, or
9.2.4 by reason of civil commotion, local combination of workmen, strike or lockout, affecting any of
the trades employed on the work, or
9.2.5 by reason of delay on part of nominated sub-contractors, or nominated suppliers which the
Contractor has, in the opinion of Engineer, taken all practicable steps to avoid or reduce, or
9.2.6 by reason of delay on the part of Contractors or tradesmen engaged by Employer in executing
works not forming part of the contract, or
9.2.7 by reason of any other cause, which in the absolute discretion of the Employer is beyond the
Contractor’s control; then, in any such case the Officer hereinafter mentioned may make fair
and reasonable extension in the completion dates of individual items or groups of items of
Works for which separate periods of completion are mentioned in the contract documents or
Works Order, as applicable.
9.3 Upon the happening of any such event as given above herein from 9.2.1 to 9.2.7 causing delay,
the Contractor shall immediately, but not later than 15 days of the happening of the event, give
notice thereof in writing to the Engineer but shall nevertheless use his best efforts to prevent or
make good the delay and shall do all that may reasonably be required, to the satisfaction of the
Engineer, to proceed with the works. Extension of time shall be granted by the Accepting Officer
of the Contract.
9.4 In case the Contractor fails to notify the Engineer of happening of an event(s) causing delay
within the period of 15 days stipulated in sub-para 9.3 above, he shall forfeit his right to claim an
extension of time for the delay caused due to such event(s).
9.4.1 Extension of time, as granted above herein from 9.2.1 to 9.2.7, shall be communicated to the
Contractor by Employer/ Engineer in writing and shall be final and binding.
9.5 No claim in respect to compensation or otherwise, howsoever arising, as a result of extensions
granted above under sub-para 9.3 above shall be admitted.
10. TRANSPORT
10.1 The Contractor shall, at his own expense, supply all transport and logistics required for the
execution of the Contract.
11. ASSIGNMENT OR TRANSFER OF CONTRACT
11.1 The Contractor if required can “hire sub-contractor for field survey and investigation work under
its supervision at his own cost” or “transfer the Contract, or any part thereof or any share, or
interest therein” after approval of the DG Seabird (Employer).
No sum of money become payable under the Contract shall be payable to any person other
than the Contractor unless the prior written approval of the DG Seabird to the assignment or
transfer of such money is given.
15.5 Orders given to the Contractor’s Agent shall be considered to have the same force as if they
had been given to the Contractor himself.
15.6 The Contractor or his Agent shall be present during working at site all working hours and shall
supervise the works under the contract with such required additional assistance as the Engineer
may consider necessary.
15.7 The Contractor or his accredited Agent shall attend, when required and without making any
charge for doing so, either at the office of the Engineer or on the site to receive instructions.
16. WORKERS & PROFESSIONALS
16.1 For any labour/ worker/ professional/ employee, engaged by the contractor in connection with
execution of study or allied works, the Contractor shall remain liable for the payment of all
wages or other moneys to its work-people or employees under the Payment of Wages Act,
1936, Minimum Wages Act, 1948, Employer’s Liability Act, 1938, Workmen’s Compensation
Act, 1923, or any other Act or enactments relating thereto and rules framed there under from
time to time. The Contractor shall work only on and during the hours of a working day unless he
obtains the prior written approval of the Engineer to do otherwise. Whether such approval is
given or not, no liability in respect of any excess cost arising there from shall be incurred by the
Employer.
16.2 The Contractor shall during the progress of the Works comply at his own expense with all the
rules and provisions contained in the Government Model Rules for the protection of health and
sanitary arrangements for workers employed by contractor and shall at his own expense provide
for all facilities in connection therewith to the satisfaction of the Employer and on his failure to do
so, the Employer shall be entitled to provide the same and recover the cost thereof from the
Contractor.
16.3 The Contractor shall not employ in connection with the Works any person who has not
completed his/her minimum age to work as per rules of the local authority.
16.4 The Contractor shall at his own expense arrange for all the safety provisions as per the
Government Safety Code and shall at his own expense provide for all facilities in connection
therewith to the satisfaction of the Engineer and on his failure to do so, the Engineer shall be
entitled to provide the same and recover the cost incurred in that behalf from the Contractor.
17. NUISANCE
17.1 The Contractor will not, at any time, cause or permit any nuisance on the Site or do anything
which shall cause unnecessary disturbance or inconvenience to the Employers, ongoing Navy
missions and activities, tenants or occupiers of properties and facilities at the various Naval
Base Karwar sites and to the general public. The contractor will ensure proper protection of all
land, streams and waterways against pollution resulting from his activities.
18. PRECAUTIONS AGAINST RISKS
18.1 The Contractor shall be responsible at his own expense, for precautions to prevent loss or
damage from any and all risks other than for Accepted Risks and to minimize the amount of any
such loss or damage and for the provision of all protective measures required for the purpose till
completion of works under the contract.
19. DAMAGE AND LOSS
19.1 All tools, equipment, and things, if any, on the Site provided by, or on behalf, of the Contractor
to carry out the works shall stand at the risk and be in the sole charge of the Contractor. The
Contractor shall be responsible for, and with all possible speed make good, any loss or damage
thereto arising from any cause whatsoever, including the accepted risk.
19.2 Same as provided above, the Contractor shall also at his own expense reinstate and make good
to the satisfaction of the Engineer or make compensation for any injury, loss or damage
occasioned to any property or right whatever including property and rights of Employer (or
agents, servants, or employees of Employer) being injury, loss or damage arising out of or in
any way in connection with the execution or purported execution of the Contract. The Contractor
shall also indemnify Employer (or any agent, servant, or employee of Employer) against all
claims enforceable, by a private person, in respect of such injury (including injury resulting in
death) and loss or damage to any third party whomsoever or property, including all claims which
may arise under the Workmen’s Compensation Act or otherwise in connection with the
execution or purported execution of the Contract.
20. COMPLETION
20.1 The Works shall be completed to the entire satisfaction of the Employer/ Engineer in all respect
from all aspects.
21. COMPENSATION FOR DELAY
21.1 If the Contractor fails to complete the study by due date of completion as mentioned under sub-
clause 9.1 of General conditions of contract, he shall, without prejudice to any other right or
remedy of Employer on account of such breach, be liable to pay compensation and not as
penalty at the 1% (One percent) of the total payment payable towards the delayed deliverable/
activity under the Contract for every week and the whole of the work in respect of the
completion of deliverables remains uncompleted and completion of contract not achieved by the
Contractor.
21.2 For the purpose of this condition the “Contract Value shall be the value at contract prices/ rates
of the work as actually ordered including all deviation orders on the Contractor. When the delay
is not a full week or in multiples of a week but involves a fraction of a week the compensation
payable for that fraction shall be proportional to the number of days involved. Provided always
that the total amount of compensation to be paid under this Condition shall not exceed to 10%
(Ten percent) of the contract value of the deliverable, item or group of items of Work for which a
separate period of completion is given.
21.3 The provision under this Clause shall not apply in the cases of delay for which Contractor is
entitled to extension of completion time as per contract.
21.4 The Employer may, without prejudice to any other method of recovery, deduct the amount of
liquidated damages from any money in his hands due or becomes due to the Contractor.
21.5 The payment or deduction of such liquidated damages shall not relieve the Contractor of his
obligation to complete the work or any other of his obligations and liabilities under the Contract.
22. LAWS GOVERNING THE CONTRACT
22.1 This Contract shall be governed by the Indian Laws for the time being in force.
23. CANCELLATION OF CONTRACT FOR CORRUPT ACTS
23.1 The Accepting Officer whose decision shall be final and binding, shall, without prejudice to any
other right or remedy which shall have accrued or shall accrue thereafter to Employer, cancel
the Contract in any of the following cases and the Contractor shall be subject to payment of any
loss or damage resulting, from any such cancellation to the like extent as is provided in the case
of cancellation for default:
If the Contractor shall –
23.1.1 offer or give or agree to give to any person in Government service any gift or consideration of
any kind as an inducement or reward for doing or forbearing to do or for having done or
forborne to do any act in relation to the obtaining or execution of this or any other Contract for
Government service, or
23.1.2 enter into a Contract with Government in connection with which commission has been paid or
agreed to be paid by him or to his knowledge, unless the particulars of any such commission
and the terms of payments thereof have previously been disclosed in writing to the Accepting
Officer, or
23.1.3 obtain a contract with Government as a result of ring tendering or other non bona fide methods
of competitive tendering without first disclosing the fact in writing to the Accepting Officer.
24. CANCELLATION OF CONTRACT FOR INSOLVENCY, SUB-LETTING, ETC.
24.1 The Accepting Officer may, without prejudice to any other right or remedy which shall have
accrued or shall accrue thereafter to Employer, cancel the Contract in any of the following
cases:
24.1.1 If the Contractor –
24.1.1.1 being an individual or if a firm, any partner thereof shall at any time be adjudged insolvent or
have a receiving order or order for administration of his estate made against him or shall take
any proceedings for liquidation or composition under any Insolvency Act for the time being in
force or make any conveyance or assignment of his effects or composition or arrangement for
the benefit of his creditors or purport so to do or if any application be made under any
Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed be
granted by him for behalf of his creditors ;
Or
24.1.1.2 being a company shall pass a resolution or the Court shall make an order for the liquidation of
its affairs or a receiver or manager on behalf of the debenture holders shall be appointed or
circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or
manager;
Or
24.1.1.3 assigns, transfers, sub-lets or attempts to assign, transfer or sub-let, any portion of the Works
without the prior written approval of the Accepting Officer.
24.2 Whenever the Accepting Officer exercises his authority to cancel the Contract under this
condition, he may complete the Works by any means at the Contractor’s risk and expense
provided always that in the event of cost of completion or after alternative arrangements have
been finalised by the Employer to get the Works completed, estimated cost of completion (as
certified by Engineer) being less than the Contract cost, the advantage shall accrue to the
Employer. If the cost of completion or after alternative arrangements have been finalised by the
Employer to get the Works completed, estimated cost of completion (as certified by Engineer)
exceeds the moneys due to the Contractor under this Contract, the Contractor shall either pay
the excess amount ordered by Engineer or the same shall be recovered from the Contractor by
other means.
25. CANCELLATION OF CONTRACT IN PART OR IN FULL FOR CONTRACTOR’S DEFAULT
25.1 If the Contractor:
25.1.1 makes default in commencing the Works within a reasonable time from the date of
commencement and continues in that state after a reasonable notice from Engineer.
Or
25.1.2 in the opinion of the Engineer at any time, whether before or after the date or extended date for
completion, makes default in proceeding with the Works, with due diligence and continues in
that state after a reasonable notice from Engineer.
Or
25.1.3 fails to comply with any of the terms and conditions of the Contract, or after reasonable notice in
writing with orders properly issued there under,
Or
25.1.4 fails to complete the Works, with individual dates for completion and clear the Site on or before
the date of completion.
25.2 The Accepting Officer may, without prejudice to any other right or remedy which shall have
accrued or shall accrue thereafter to Employer, cancel the Contract as a whole or items of Work
in default from the Contract. Whenever the Accepting Officer exercises his authority to cancel
the Contract as a whole or in part under this Condition he may complete the Work by any
means at Contractor’s risk and cost, provided always that in the event of cost of completion or
after alternative arrangements have been finalised by the Employer to get the Works completed,
estimated cost of completion (as certified by Engineer) being less than the Contract cost, the
advantage shall accrue to the Employer. If the cost of completion or estimated cost of
completion (as certified by Engineer) after alternative arrangements have been finalised by the
Employer to get the Works completed, exceeds the moneys due to Contractor under this
Contract, the Contractor shall either pay the excess amount ordered by Engineer or the same
shall be recovered from the Contractor by other means.
26. TERMINATION OF CONTRACT FOR DEATH
26.1 Without prejudice to any of the rights or remedies under this contract, if the Contractor (in case
the Contractor is Proprietor) or partner in contractor firm (in case the contractor is partnership
firm) dies, the Accepting Officer shall have the option of terminating the Contract without
compensation to the Contractor.
27. SPECIAL POWERS OF DETERMINATION
27.1 If at any time after the acceptance of the tender, the Employer shall for any reason whatsoever
not require the whole or any part of the Works, to be carried out, the Accepting Officer shall give
notice in writing of the fact to the Contractor, who shall have no claim to any payment of
compensation, or otherwise howsoever, on account of any profit or advantage which he might
have derived from the execution of the Works in full but which he did not derive in consequence
of the foreclosure of the Works.
27.2 The contractor shall be paid for the stages of work completed as given under Terms of Payment
given under SCC including such additional Works like demobilization of manpower and other
resources whatsoever as may be rendered necessary by the said foreclosing. The contractor
shall also be allowed a reasonable payment (as decided by the Accepting Officer) for any
expenses sustained on account of labour and other resources, collected but which could not be
utilised on the Works as verified by the Engineer.
28. FAIR WAGE
28.1 If labour is employed by the Contractor to execute the works, the Contractor shall pay not less
than the “fair wage” as defined below or the minimum wage fixed under the Minimum Wages
Act, whichever is higher to labourers engaged by him on the Work.
“Fair Wage” means wage whether for time or piece work notified at the time of inviting tenders
for the Work and where such wages have not been so notified the wages prescribed by the
Accepting Officer for the stations at which the Work is done.
28.2 The Contractor, shall notwithstanding the provision of any Contract to the contrary, cause to be
paid a “fair wage or minimum wage fixed under the Minimum Wages Act whichever is higher to
labourers indirectly engaged, if any, on the Work including any labour engaged by his sub-
contractors in connection with the said Work, as if the labourers had been directly employed by
him.
28.3 In respect of all labour, if any, directly or indirectly employed on the Works for the performance
of the Contractor’s part of this Agreement, the Contractor shall comply with or cause to be
complied with the Contractor’s Labour Regulations (appended hereto as Annexure “E” to these
Conditions) in regard to all matters provided therein and with all other Labour Laws as may be
applicable.
28.4 The Engineer concerned shall have the right to deduct, from the moneys due to the Contractor,
any sum required or estimated to be required for making good the loss suffered by a worker or
workers by reason of non-fulfilment of the Conditions of the Contract for the benefit of the
workers, non-payment of wages or of deductions made from his or their wages, which are not
justified by the terms of the Contract or non-observance of the Regulations.
28.5 Vis-à-vis the Employer, the Contractor shall be primarily liable for all payments to be made
under and for the observance of the Regulations aforesaid without prejudice to his right to claim
indemnity from his sub-contractors.
28.6 The Regulations aforesaid shall be deemed to be a part of this Contract and any breach thereof
shall be a breach of this Contract.
33.1 Whenever any claim(s) for payment of sum of money arise(s) out of, or under, this Contract
against the Contractor, the Contractor shall on demand make the payment of the same or agree
for effecting adjustment from any amounts due to him by the Employer. If, however, he refuses
or neglects to make the payment on demand, or does not agree for effecting adjustment from
any amounts due to him, Employer shall be entitled to withhold an amount not exceeding the
amount of the claim(s), from any sum when due or which at any time thereafter may become
due to the Contractor, under this or any other Contract with the Employer or from any other sum
due to the Contractor from the Employer (which may be available with the Employer) or from the
Contractor’s Security Deposit or Security Bond amount, and retain the same by way of lien till
such time, payment is made by the Contractor or till the claim(s) is/are settled or adjudicated
upon, or till the Contractor, at his expense furnishes Fixed Deposit Receipt(s) duly endorsed as
directed by the Accepting Officer, or a Guarantee Bond from a Scheduled Bank for an amount
equal to the amount of the claim(s) in the form as directed by the Accepting Officer.
33.2 It is an agreed condition of this Contract that the sum of money so withheld or retained as and
by way of lien under this condition by the Employer, will be kept withheld or retained as such by
the Employer, till the claim(s) arising out of or under this Contract is/are settled or adjudicated
upon and that the Contractor will have no claim for interest or damages whatsoever on any
account in respect of such sum so withheld.
33.3 Any amount due to the Contractor under this contract may be withheld by way of lien against
any amount claimed or which may at any time hereafter be claimed by the Employer from the
Contractor on any account whatsoever, under this or any other contract between them and
retained, till the claim(s) is/are settled or adjudicated upon.
33.4 Employer reserves the right to carry out post-payment audit and technical examination of the
works or services provided and Final Bill, including all supporting vouchers, abstracts, etc.
Employer further reserve the right to carry out the aforesaid examination and enforce recovery
when detected, notwithstanding the fact that the amount of the Final Bill may have been
included by one of the parties as an item of dispute before an Arbitrator appointed under the
Arbitration clause of the Contract and notwithstanding the fact that the amount of the Final Bill
figures in the Arbitrator’s award.
33.5 If, as a result of such audit and technical examination, any over-payment is discovered in
respect of the work done under this Contract, the Contractor shall on demand make payment of
a sum equal to the amount of over-payment or agree for effecting necessary adjustment from
any amounts due to him by Employer. If however, he refuses or neglects to make the payment
on demand or does not agree for effecting adjustment from any amounts due to him, Employer
shall be entitled to take action as in sub-para (33.1) herein. If as a result of such audit and
technical examination any under payment is discovered, the amount of under payment shall be
duly paid to the Contractor by Employer.
33.6 Provided that, nothing herein contained, shall prohibit the Employer to recover any over
payment in respect of any price agreed between the Accepting Officer or the Engineer and the
Contractor under the circumstances specifically prescribed for such method of assessment and
that the said right of the Employer to adjust over-payment from any sum due or from any sum
which may become due to the Contractor or from Security Deposit or Security Bond amount and
adjust under payment, shall not extend beyond a period of two years from the date of payment
of the undisputed portion of the Final Bill or in the case of a minus Bill, from the date, the net
amount of the final bill is communicated to the Contractor.
33.7 All notices under this condition shall be given by the Engineer/Accepting Officer.
34. REFUND OF PERFORMANCE SECURITY DEPOSIT
34.1 The Performance Security Deposit mentioned in Condition 12 above may be refunded to the
Contractor after the satisfactory completion and issue of Completion Certificate and payment of
the Final Bill provided there are no claims outstanding against the Contractor.
35. ISSUE OF NOTICES
35.1 Unless otherwise provided in this Contract, all notices to be given on behalf of the Employer and
all other actions to be taken on his behalf may respectively be given or taken on his behalf by
the Accepting Officer/Engineer or any officer for the time being entrusted with the functions,
duties and powers of the Accepting Officer/Engineer.
36. ARBITRATION
36.1 In accordance with the Arbitration and Conciliation Act, 1996, all disputes , between the parties
to the Contract (other than those for which the decision of the Accepting Officer or any other
person is by the Contract expressed to be final and binding) shall, after written notice by either
party to the Contract to the other of them, be referred to the sole arbitration of a serving officer
having degree in engineering or equivalent or having passed final/ direct final examination of
Sub Division II of Institution of Surveyors (India) recognised by the Govt. of India to be
appointed by Addl. Secretary , Government of India, Ministry of Defence.
36.2 Unless both parties agree in writing such reference shall not take place until after the completion
or alleged completion of the Work or termination or determination of the Contract under
Condition Nos. 26 and 27 hereof.
36.3 Provided that in the event of abandonment of the Works or cancellation of the Contract under
Condition 23, 24 & 25 hereof, such reference shall not take place until alternative arrangements
have been finalized by the Employer to get the Works completed by or through any other
Contractor(s) or Agencies.
36.4 Provided always that commencement or continuance of any arbitration proceeding hereunder or
otherwise shall not in any manner violate and/or infringe the Employer’s right of recovery from
the Contractor as provided in Condition 33 hereof.
36.5 If the Arbitrator so appointed resigns his appointment or vacates his office or is unable or
unwilling to act due to any reason whatsoever, the authority appointing him may appoint a new
Arbitrator to act in his place.
36.6 The Arbitrator shall be deemed to have entered on the reference on the date he issues notice to
both the parties, asking them to submit to him their statement of the case and pleadings in
defence.
36.7 The Arbitrator may proceed with the arbitration, except, if either party, in spite of a notice from
the Arbitrator fails to take part in the proceedings.
36.8 The Arbitrator may, from time to time with the consent of the parties, extend the time to
complete the proceedings for a period up to but not exceeding one year from the date of his
entering on the reference, for making and publishing the award.
36.9 The Arbitrator shall give his decision within a period of six months from the date of his entering
on the reference or within the extended time, as the case may, be on all matters referred to him
and shall indicate his findings, along with sums awarded, separately on each individual item of
dispute.
36.10 The venue of Arbitration shall be at Delhi. The venue or place of Arbitration may also be fixed by
mutual consent of the Employer/Engineer and the Contractor.
36.11 The award of the Arbitrator shall be final and binding on both parties to the Contract.
36.12 The Arbitrator shall give reasons for the award in each and every case irrespective of the value
of the claims or counter claims.
37. JURISDICTION OF COURTS
37.1 Irrespective of the place of issue of Tenders, the place of acceptance of Tenders, the place of
execution of Contract or the place of payment under the Contract, the Contract shall be deemed
to have been made at the place from where the acceptance of Tenders has been issued and
the work is executed/ executable. The Courts of the place from where the acceptance of the
Tender has been issued or the place where the work is executed/under execution shall alone
have jurisdiction to decide any dispute arising out of or in respect of the Contract.
38. INSURANCE
38.1 Contractor’s Liability and Insurance
38.1.1 The Contractor is expected to carry out its study with due diligence and in accordance with
prevailing standards of the profession. The Contractor, at its own cost, shall remain liable to the
Employer for ‘any loss suffered by the employer due to the professional service provided by the
Contractor’. The contractor shall cause its sub-consultant(s) and sub-contractor(s) to follow the
same on their own cost.
38.1.2 Without limiting his obligations and responsibilities during the performance of contract from
commencement of works to the completion of works in all respects, the Contractor shall insure,
in the joint name of the Employer and the Contractor, against all loss or damage from whatever
cause for which he is responsible under the terms of the contract and in such manner that the
Employer and the Contractor are covered for any damage caused by the Contractor in the
course of any operation carried out by him for the purposes of complying with his obligations on
safety code during the period of performance of contract.
38.1.3 In the event that the Contractor elects to hire labour to accomplish work on site then the
contractor, at its own cost, shall provide “Worker’s Compensation Insurance” in respect of the
personnel of the Contractor and of any Sub-consultant or sub-contractor hired by the contractor,
in accordance with the relevant provisions of the Applicable laws of India, as well as, with
respect to such personnel, any such life, health, accident, travel or other insurances as may be
appropriate.
38.2 Damage to persons and property
38.2.1 The Contractor shall indemnify and keep indemnified the Employer against all losses and claims
for injuries or damage to any person or any property whatsoever which may arise out of or in
consequence of the study, works and/or designs undertaken and against all claims, demands,
proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation
thereto.
38.2.2 Before commencing the work, the Contractor shall, without in any way limiting his obligations
and responsibilities under the conditions, insure any damage, loss or injury which may occur to
any property and/or equipment, including that of the Employer, or to any person (including any
employee of Employer) by or arising from execution of the contract.
38.2.3 All the aforesaid insurance policies shall provide that they shall not be cancelled till the
Employer has agreed to their cancellation after completion of work.
38.2.4 The Contractor shall prove to the Engineer or his authorized representative, from time to time,
that he has taken out all the insurance policies referred to above and has paid the necessary
premium for keeping the policies alive till completion of work.
38.3 Remedy on Contractor’s’ Failure to Insure
38.3.1 If the Contractor and/or his sub-Contractors (if any) shall fail to effect and keep in force the
insurance referred to above or any other insurance which he/they may be required to effect
under terms of the contract, then, and in any such case Employer may without being bound to,
effect and keep in force any such insurance and pay such premium or premiums as may be
necessary for that purpose and from time to time deduct the amount so paid by the Employer
for any moneys due or which may become due to the Contractor.
38.4 The total liability of the Contractor towards the Employer for loss to the Employer’s property will
be limited to two times the Contract Price.
SECTION III
SPECIAL CONDITIONS OF CONTRACT
1. GENERAL
The following Special Conditions shall be read in conjunction with General Conditions of
Contracts. If any provision in these Special Conditions is at variance with that of the aforesaid
documents, the former shall be deemed to take precedence.
2. SCOPE OF WORK
2.1 The scope of work is as given under “Section-IV: Technical Specifications & Scope of Work”.
2.2 The scope of work to be carried out by the Contractor shall also include the following, but not
limited to:-
(a) Any other work required in connection with the execution of the contract work.
(b) The cost of all the work, as mentioned in scope of work and above, shall be considered
to be included in the quoted price of work, although such inclusion may not have been
specifically spelt out.
(c) The tenderers shall note that the entire work covered under this tender is a time-bound
work and shall be completed within the contract period.
2.3 Along with the offer, the tenderer should submit a programme/schedule of work within 15 days
after the date of the Letter of Acceptance to the Engineer for his consent, in such form and
detail as the Engineer shall reasonably prescribe, for the execution of the works. The Contractor
shall whenever required by the Engineer, also provide in writing for his information a detailed
description of the arrangements and methods which the Contractor proposes to adopt for the
execution of the works. If at any time it should appear to the Engineer’s representative that the
actual progress of the works does not conform to the programme/schedule to which consent
has been given the Contractor shall produce, at the request of the Engineer’s representative, a
revised programme/schedule showing the modifications to such programme/schedule
necessary to ensure completion of the works within the time for completion. The Contractor
shall submit to the Engineer within 15 days after the date of Letter of Acceptance and in any
case prior to the commencement of the work, three copies of the programme/schedule for the
work. The programme/schedule shall be updated by the Contractor every month. The
Contractor shall submit to the Engineer on the first day of each week or such longer period as
the Engineer may from time to time direct, a progress report in an approved form shown up-to-
date total progress, progress achieved against planned progress, during the previous week (or
for such longer period the Engineer directs) and progress forecast for the following week (or for
such longer period the Engineer directs) for all important items in each section or portion of the
works, in relation with the approved work programme/schedule.
2.4 The Hill Slope Stability Study shall be carried out without hindrance or impact to the movement
of other activities of the Indian Navy on site.
2.5 Suitable care shall be taken during execution of the study by providing safety devices, training
and personal protective equipment (PPE) to prevent any accidents as well as adopt and
implement the life insurance protection policies for the personnel involved. The Contractor shall
have sufficient cash flow for carrying out the Study. The submission to, and consent by the
Engineer, of any programme or the provision of such general descriptions shall not relieve the
Contractor of any of his duties or responsibilities under the contract.
2.6 During the contract performance period, all necessary safety & health protection measures will
be taken for the personnel working at site.
3. CONTRACT PRICE
3.1 The Contractor is deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his tender for works and of the prices quoted in the price schedule and prices (if
any) which rates and prices shall except insofar as they are otherwise provided in the contract,
cover all his obligations under the contract apart from all matters and things necessary for the
proper completion of the work. The prices or rates quoted shall be inclusive of all taxes, levies,
duties, cost of insurance etc. apart from the cost of manpower to be procured by the Contractor
and also labour, any other resources, consumables etc. required to complete the works.
3.2 DELETED.
3.3 Taxes, as applicable, shall be applied to this contract as per provision of the act and will be
recovered from the works bills as per the existing provisions. Necessary certificate towards such
“Tax deduction at source” will be issued by the Employer’s Account department.
3.4 The description of the item of work should be read along with the specifications, scope of work,
drawings/ figures and the conditions of contract.
4. TERMS OF PAYMENT
4.1 Subject to any deductions, which the Engineer/ Employer may be authorized to make under this
Agreement, the Contractor shall receive payment as follows:
Due date
S. Payment On Completion of
of Payment Interim Payment
No. Stage Activity
completion
Due date
S. Payment On Completion of
of Payment Interim Payment
No. Stage Activity
completion
4.4.3 All invoices for progress payments as well as for final payments shall be submitted in duplicate
in prescribed printed computerized forms using any software as approved by Engineer (cost of
forms to be borne by the Contractor) supported by detailed measurement/Engineer’s
certification of items/ deliverables of work claimed for payment.
4.4.4 The computerized final bill shall be submitted by the Contractor within 3 (three) months from the
date of completion of the works accompanied by:
(a) Completion certificate issued by the Engineer /Employer.
(b) No claim certificate by the Contractor.
(c) Recovery statements in respect of Electric, Water, Income Tax at source etc.
(d) Statement for reconciliation of all the payments and recoveries made in progressive bills.
(e) Copies of variation statement and order of extension of time, if granted.
(f) Return all documents/drawings received from Engineer/ Employer.
4.5 Payments due and payable by the Employer shall generally be made within 45 (forty five) days
from the date of receipt by Engineer/Employer of complete, proper and presentable invoices
and documents supported by requisite details of certification/ approvals.
4.6 All payments due under this Contract shall be affected through NEFT. The Contractor shall
provide his Account Number, Name of Account Holder, Bank’s Name, Branch Name and
Address, IFSC Code and type of Account to Employer.
4.7 In case Contractor fails to submit computerized bill (for IPC and final), the certification and
payment of bills may be inordinately delayed for which the Contractor shall be solely
responsible.
5. ADMISSION TO SITE BY CONTRACTOR AND RESPONSIBILITY TO ASCERTAIN HIS OWN
INFORMATION
5.1 The tenderer shall inspect and examine the site and its surroundings and shall satisfy himself
before submitting his tender as to the nature of the site and movement of the traffic, the
quantum and nature of work, the terrain and challenges presented by the severe terrain at all
site (both on and off Navy property), and equipment/ resources required for the completion of
the Hill Slope Stability Study and the means of access to the site, the accommodation he may
require and in general, shall himself obtain all necessary information as to risks, contingencies
and other circumstances which may influence or affect his tender. No extra charges consequent
to any wrong assumptions / assessment, miscalculations, misunderstanding of the severe
terrain by the tenderer or otherwise shall be allowed. For this reason a site visit is required. The
tenderer shall take into account all these aspects before quoting their rates and shall not hold
the Employer responsible for any details that might have been omitted to be mentioned in the
tender schedule which may affect the pricing of the tender and any claim by the tenderer on this
account will not be entertained by the Employer. In case any additional investigations are
required to be done at site by the tenderer, he may do so at his own cost with the prior approval
of the Engineer
5.2 The tenderer(s) shall be deemed to have acquainted himself/ themselves with the nature of the
site (both on-and-off the Navy Property) and site related data, all as mentioned herein before in
Clause 21 & 22 of “Section-1: Notice Inviting Tender (Instruction to Tenderers)”.
6. SECURITY AND PASSES
6.1 The Contractor shall employ his representatives and workmen, if any, and verify their
antecedents and loyalty before employing them for the works. He shall ensure that no person of
doubtful antecedents and nationality is, in any way associated with work. If for reasons of
technical collaboration or other consideration, the employment of any foreign national is
unavoidable, the Contractor shall furnish full particulars to this effect to the Accepting Officer at
the time of submission of his tender.
6.2 The Contractor shall, on demand by the Engineer, submit list of his agents, employees and work
people concerned and shall satisfy the Engineer as to the bona fide of such people. The
Contractor shall obtain and submit police verification of their staff/personnel for issuance of pass
by the Naval authorities.
6.3 The Engineer/Employer shall at his discretion have the right to issue passes as per rules and
regulations of the installation area in force to control the admission of the Contractor, his agents,
employees and work people to the site of the work or any part thereof. Passes should be
returned at any time on demand by the Engineer or the authorities concerned and in any case
on completion of work.
6.4 The Contractor and his agents, employees and work people shall observe all the rules
promulgated by the authority controlling the installation/area in which the work is to be carried
out e.g. prohibition of smoking and lighting, fire precaution, search of persons on entry and exit,
keeping to specific routes, observing specified timing etc. Nothing extra shall be admissible for
any man hours etc. lost on this account.
Photography of the site or works is strictly prohibited, unless approved in writing by the
Employer.
7. CONDITIONS OF WORKING
7.1 The work lies in RESTRICTED AREA. However the Contractor, his agents, employees, work
people and vehicles may pass through the unit lines in which case the Engineer/Employer shall,
at his discretion have the right to issue passes, control their admission to the site of work or any
part thereof. The Contractor shall on demand by the Engineer submit a list of personnel etc.
concerned and shall satisfy the Engineer as to the bona fide of such people. Passes shall be
returned at any time on demand by the Engineer and in any case on completion of work.
Contractor should be aware that security clearances and processing can be time consuming
and slow, depending on local activities at site.
7.2 The Contractor and his agents, employees and work people, if any, shall observe all the rules
promulgated by the authority controlling the area in which the work is to be carried out e.g.
prohibiting of smoking, lighting and fire precaution, search of persons at entry and exit, keeping
to specified routes, restricted hours of working etc. Any person found violating the security rules
laid down by the authority, shall be immediately expelled from the area without assigning any
reasons whatsoever and the Contractor shall have no claim on this account. Nothing shall be
admissible for any man hours etc. lost on this account.
7.3 WORKING HOURS
7.3.1 Contractor is permitted to work all the 24 hours on shift basis if approved by the Engineer. A
suitable programme/schedule with various schedules of activities to be carried out shall be
prepared by the contractor and approved by the Engineer before commencement of work.
7.4 WORK ON HOLIDAYS
7.4.1 The Contractor is authorized to carry out any work on Gazetted/weekly holidays but only with
prior intimation and approval from Accepting Officer and Engineer in advance.
copies of the design/drawings and other documents furnished to him in respect of the work, and
shall return all documents on completion of the works or either on determination of the contract.
The Contractor shall along with the final bill, attach a receipt of his having returned the classified
documents as per condition 3 of the General Condition of Contract.
13. OFFICIAL SECRETS ACT
13.1 The Contractor shall be bound by the Official Secrets Act-1923.
14. DAMAGE TO EXISTING STRUCTURES
14.1 Any damage done to the existing pavement and structures etc., during the execution of the work
shall be made good by the Contractor at his own expense and site of work left clean and tidy on
completion. Rectification, reinstatement, replacement, making good and touching up etc., shall
be carried out to conform to the materials and workmanship originally as provided and to the
satisfaction of the engineer.
15. VARIATION LIMIT
15.1 Deviations in the work may be ordered by Accepting officer vide Condition 7 of General
Condition of Contracts up to maximum of TEN Percent (10%) of the Contract Sum.
16. LABOUR LICENSE
16.1 Before engaging labour, if any, for execution of works at site the Contractor through Engineer
shall request DDG(PI) Project Seabird, Karwar for issue of Labour License (Form V-Certificate
by Principal employer) to comply with Contract Labour (Regulation & Abolition) Act 1970
requirements. DDG (PI), Karwar shall issue Form V to Assistant Labour Commissioner,
Mangalore/Udupi on the recommendations of Engineer”.
17. PHOTOGRAPHIC RECORDS
17.1 The Contractor shall, if and in so far as required by the Engineer before commencing and during
the progress of works, take photographs of such sites, existing facilities/structures, landscapes,
geology, terrain, etc. Negatives or the prints therefrom shall be untouched. The photographs
shall be of size 5 inches x 8 inches and shall be supplied in three copies to Engineer.
17.2 The negatives/DVD are to remain the property of the Navy (HQ, Project Seabird)/ Employer to
whom they shall in due course be handed over and the copy right and all rights of reproduction
shall be reserved to the Employer.
18. EMPLOYMENT OF LOCAL PERSONNEL
18.1 The Contractor is encouraged to the extent practicable and reasonable to employ staff and
labour, if any are required, from local sources within Karnataka.
19. SITE CONDITIONS
19.1 Karwar is the district Headquarters of North Kannada located nearly 270 km North of Mangalore
and about 120 Kms South of Goa. National Highway No. 66 connecting Mangalore and Goa
passes through Karwar. Konkan Railway has a railway station at Karwar.
Maximum Temperature : 35.3 ºC
Maximum Humidity : 90%
Altitude : Less than 5m with respect to sea level.
Atmosphere : Highly Corrosive due to seawater
19.2 Location
The Project area is spread over a coastal area South and South East of Karwar Town, in North
Kannada District, in the State of Karnataka. The Figure-1 as given in Section-IV may be referred
for further information.
Sites included under this contract are sites A, B, C1, C2 and E. These sites are well connected
by existing National Highway NH-66. Approximate geographical co-ordinates of these Project
Seabird sites are as listed below:
Latitude : 14°44’41.55” N
Longitude : 74°13’46.26” E
19.3 Topography
The terrain in proximity to sea shore is flat only to a limited extent. Topography is highly
undulating with elevations ranging from Mean Sea Level to approximately +50m. To the east of
NH-66 high hills with peaks up to +200 m are seen.
There is a hillock on the eastern fringe of the Project area having an elevation of 373.80 m
above MSL. This is the highest ground level in the Project area. The lowest level -0.30m above
MSL of the Project is nallah bed level, which falls in the south –west fringe.
19.4 Climate
The weather conditions at site are typically representative of Konkan region viz. heavy rains and
extreme humidity.
19.5 Terrain
The terrain in which the Hill Slope Stability Study will be executed is located on both the Navy
properties at sites A, B, C1, C2 and E as well as in catchment and contributory areas off the
Navy properties. Much of the areas and terrain are very steep and difficult to access, especially
the areas outside the Navy property. In these areas there is dense vegetation and growth, rocks
and boulders and steep slopes. Some areas are natural habitat for fauna which is native to this
area and region of Karnataka. The Contractor should ensure understanding and familiarity with
these conditions before submitting bids.
19.6 Regional Geology
Parent rocks observed in Naval Base, Karwar, are Granite; Granite Gneiss and associated
weathered varieties of these two rocks. Predominant soil types are silty sand, sandy silt. In
some boreholes falling in agricultural land clayey-silt and silty clay were observed overlaying
weathered rock formalities.
Geologically rocks around Karwar fall under Younger Gneiss complexes. Their geological age is
2,500 million years to 2,700 million years. This younger complex is composed mainly of
granodiorite and granite types of rocks.
19.7 Seismicity
Karwar falls under Zone III as per IS: 1893-1984. No recorded seismic history for Karwar is
available in literature.
19.8 Flora & Fauna/ Other Site-Conditions
During the site visit, the tenderer shall acquaint himself/ themselves with the “flora & fauna,
hidden/ visible habitats, live or dead dangers, accessible/ inaccessible areas/ levels/ heights/
depths, life survival requirements & necessities, other hazards, obstructions, accesses and
limitations” of “any nature, type, size, shape and quantum” in and around the site periphery and
shall not claim anything extra except the price quoted in “Section-V: Price Schedule” towards
such conditions at site.
Note: The information so given in Clause 19 of Special Conditions of Contract as above is
solely for the purpose of providing rough information regarding site to the tenderers. The same
shall be duly verified by the contractor from their own sources at their own cost. The
Information regarding Site Conditions as given herein above shall form no basis of extra claim
over and above the quoted price whatsoever.
ANNEXURE – E
made within 48 hours of the last working day. Note. The term “working day” means a day
on which the work on which the labour is employed is in progress.
6. WAGE BOOK AND WAGE SLIPS, ETC.
(a) The Contractor shall maintain a Wage Book of each worker in such form as may be
convenient, but the same shall include the following particulars:
(i) Rate of daily or monthly wages,
(ii) Nature of work on which employed.
(iii) Total number of days worked during each wage period.
(iv) Total amount payable for the work during each wage period.
(v) All deductions made from the wages with an indication in each case of the ground
for which the deduction is made.
(vi) Wages actually paid for each wage period.
(b) The Contractor shall also maintain a Wage Slip for each worker employed on the Work.
7. FINES AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES
(a) The Wages of a worker shall be paid to him without any deductions of any kind except
the following:
(i) Fines
(ii) Deductions for absence from duty, i.e., from the place or places where by the terms
of his employment he is required to work. The amount of deduction shall be in
proportion to the period for which he was absent.
(iii) Deductions for damage to or loss of goods expressly entrusted to the employed
person for custody or for loss of money for which he is required to account, where
such damage or loss is directly attributable to his neglect or default.
(iv) Any other deductions which the Central Government may from time to time allow.
(b) No fines shall be imposed on a worker and no deduction for damage or loss shall be
made from his wages until the worker has been given an opportunity of showing cause
against such fines or deduction.
(c) The total amount of fines which may be imposed in any one wage period on a worker
shall not exceed an amount equal to three Paisa in a rupee or three percent (3%) of the
wages payable to him in respect of that wage period.
(d) No fine imposed on any worker shall be recovered from him by instalments or after the
expiry of 60 days from the date on which it was imposed.
8. REGISTER OF FINES, ETC.
(a) The Contractor shall maintain a Register of Fines and of all deductions for damage or
loss. Such register shall mention the reason for which fine was imposed or deduction for
damage or loss was made.
(b) The Contractor shall maintain a list, in English and in the local Indian language clearly
defining acts and omissions for which penalty or fines can be imposed. He shall display
such list and maintain it in a clean and legible condition in conspicuous places on the
Work.
9. Preservation of registers - the wage book, the wage slip and the register of fines and deductions
required to be maintained under these regulations shall be preserved for 12 months after the
date of last entry made in them.
10. Powers of labour welfare officers to make investigation or enquiry- the labour welfare officer or
any other person authorised by the government of India on their behalf shall have power to
make enquiries with a view to ascertaining and enforcing due and proper observances of the
fair wage clauses and the provisions of these regulations. He shall investigate into any
complaint regarding the default made by the contractor or sub-contractor in regard to such
provisions.
11. Report of labour welfare officer- the labour welfare officer, or other person authorised as
aforesaid, shall submit a report of the results of his investigation or enquiry to the engineer
concerned, indicating the extent, if any, to which the default has been committed, with a note
that necessary deductions from the contractor’s bill be made and the wages and other dues be
paid to the labourers concerned. In case an appeal is made by the contractor under clause 12
of these regulations, actual payment to labourers will be made by the garrison engineer after the
regional labour commissioner has given his decision on such appeals.
12. Appeal against the decision of labour welfare officers: any person aggrieved by the decision and
recommendation of the labour welfare officer or other person so authorised may appeal against
such decision to the regional labour commissioner within 30 days from the date of decision,
forwarding simultaneously a copy of his appeal to the garrison engineer concerned but subject
to such appeal, the decision of the officer shall be final and binding upon the contractor.
(a) A workman shall be entitled to be represented in any investigation or enquiry under these
Regulations by
(i) an officer of a registered trade union of which he is a member;
(ii) an officer of a federation of trade unions to which the trade union referred to in
clause (i) is affiliated;
(iii) where the worker is not a member of any registered trade union, by an officer of a
registered trade union connected with or by any other workman, employed in the
industry in which the worker is employed.
(b) The Employer shall be entitled to be represented in any investigation or enquiry under
these regulations by
(i) an officer of an association of employers of which he is a member;
(ii) an officer of a federation of associations of employers to which the association
referred to in clause (i) is affiliated;
(iii) where the employer is not a member of any association of employers, by an officer
of an association of employers connected with or by any other employer, engaged
in the industry in which the employer is engaged. (c) No party shall be entitled to be
represented by a legal practitioner in any investigation or enquiry under these
Regulations.
13. Inspection of registers - the contractor shall allow inspection of the wage book, the wage slips
and the register of fines and deductions to any of his workers or to his agent at a convenient
time and place after due notice is received or to the labour welfare officer, or any other person
authorised by the government of India on his behalf.
14. Submission of return – the contractor shall submit periodical returns as may be specified from
time to time.
15. Amendment: the government of India, may from time to time, add to or amend these
regulations. As it pertains to any questions as to the application, interpretation or effect of these
regulations the decision of the chief labour commissioner or deputy chief labour commissioner
to the government of India, or any other person authorised by the government in that behalf,
shall be final.
SECTION IV
TECHNICAL SPECIFICATIONS AND SCOPE
OF WORK
DESCRIPTION OF SERVICES
1. BACKGROUND
1.1 The Project Seabird Phase IIA site is located at Karwar on the coast of Arabian Sea, 120 km
south of Goa, on India’s west coast. There are 5 distinct naval sites within the Karwar region
which will receive improvements under the scope of work as contained in Project Seabird Phase
IIA. These 5 sites include the existing naval base at site A, the existing residential housing area
at site B and site C2, the existing ordnance depot at site E, and the site of the new Naval Air
Station (NAS) at site C, as shown in Figure 1 below. Most of the sites include, or are affected
by, areas of hilly terrain where the rock-fall and landslide studies and protection measures are
required.
1.2 A Master Plan for the Project was prepared in 1990, to be executed in phases, for creation of
infrastructure and facilities for the basing of ships/ submarines, with all associated operational/
support facilities. Phase I of Project Seabird has been completed and a limited number of ships,
for which basing facilities have been created, are already operating out of the Naval Base. The
facilities at Naval Base are to be constructed in accordance with the Detailed Project Report
(DPR) which has been prepared based on various studies carried out by different agencies in
the past during implementation of Phase I of the Project.
1.3 The DPR for Project Seabird Phase IIA at Karwar was prepared in the year 2010. The scope of
Project Seabird Phase-IIA comprises the following major elements:
(a) Dredging, reclamation and construction of piers within a sheltered Naval Harbour at Site
A.
(b) Transformation of the present Naval Station Repair Yard (NSRY) facilities into a
Dockyard.
(c) Construction of and Fleet Base Buildings at site A.
(d) Construction of a Naval Air Station at site C1.
(e) Expansion and construction of ammunition storage facilities at Site E.
(f) Construction of Townships at site A, B, C1 and C2.
(g) Construction of other common infrastructure facilities and miscellaneous works.
1.4 In planning for Phase IIA, Detailed Project Reports (DPRs) were developed for each
geographical and/ or functional areas of the installations planned in the Karwar region under
Project Seabird Phase IIA. The DPRs contain the functional description, concept design
strategies and analysis of infrastructure requirement to be included in the Phase II works. They
also contain population projections and various demand projections associated with the
program. These DPRs are required references and will be provided to the Contractor.
1.5 The requirements of the DPRs should be considered advisory by the original authors and are
subject to change by the Owner.
1.6 Geologically the rocks around Karwar fall under Younger Gneiss complexes. Their geological
age is 2,500 million years to 2,700 million years. This younger complex is composed mainly of
granodiorite and granite types of rocks. The parent rocks observed in Project Seabird area are
Granite, Granite Gneiss and associated weathered varieties of these two rocks.
1.7 Previous history of land slide in combination with several factors such as erosion, rainfall etc.
has occurred in the past at various places within the Karwar Naval base region. For this reason
the Client wishes to protect major infrastructure, property, human life and minimize or eliminate
any threat to the base operational missions. This will be accomplished by conducting a hill slope
stability study and infrastructure protection strategy at all sites that are at risk due to slope
instability.
1.8 Project Site Description:
Summary description of PSB project sites being studied in this study are shown in the table
below (note that site C is not determined to include slopes that are at risk):
TABLE 1: LAND USE TYPES FOR DIFFERENT SITES
Residential Site A which includes Baithkol Bay, Kamat Bay, Little Binaga bay, Binaga
Bay; Arga Bay, Manzel Creek (east and west)
Command Mess, Hospital Complex
1.9 The below table shows the hill slope study area features for these sites:
TABLE 2: DESCRIPTION OF THE AREA FEATURES OF THE STUDY
Approximate
Site Length of the Hill Remarks
Stretch (Km)
Site A
Zone – 3 (Arga bay Near Mab Sailors accommodation) 1.0 Refer Figure 2 & 5
Site B
SLOPE DIRECTION
UNSTABLE ZONES
Slope Direction
Unstable Slope Zones
Slope Direction
Slope Direction
Unstable Slope Zones
Slope Direction
Unstable Slope Zones
2. OBJECTIVE OF STUDY
2.1 The Contractor is required to carry out detailed rock-fall / landslide analysis based on state of
the art techniques and guidelines (national and international) for sites A and B, to result in a
comprehensive and effective integrated slope protection strategy which will minimize, if not
eliminate, threats to persons, property and Naval missions.
2.2 The Contractor shall perform all works as necessary to fulfil the aim and objectives of the
assignment. Rock fall investigations should be used to establish the existing potential for rock
fall behaviour and the impact to the existing and proposed site and its surrounding area. The
investigations will determine the possible hazards and mitigations on the site.
2.3 An estimated cost of damage to existing and proposed infrastructure which could result from
rock fall and/or landslide compared to the cost of providing rock fall/landslide protection shall be
included in the subject study.
4. SCOPE OF STUDY
The scope of work has been sub-divided in various tasks based on Five (05) key deliverables:
a) Initial Report (refer 4.1 below herein)
b) Geological and Geotechnical Investigations Interpretative Report (refer 4.2 below herein)
c) Draft Report for Slope Study (refer 4.3 below herein)
d) Final Detailed Design Report (refer 4.4 below herein)
e) Project implementation Reports, Cost Estimates & Technical Specifications (refer 4.5
below herein)
These five (05) reports are described in more detail below:
4.1 Task 1: Initial report
4.1.1 The initial report shall include the identified failure prone patches in the zones and the detailed
geological study and mapping of the landslides/ rockfall zones. The purpose of the initial report
is to clearly identify and describe the various tasks and sub-tasks proposed, approach,
methodology, support needed from client, timelines and staffing requirements prior to
commencement of the detailed study.
4.1.2 To undertake the first stage of the rock slope risk assessment and remedial study, firm has to
undertake the following works but should not be limited to:
(a) A desk study of a previous report, GNS modelling and photos.
(b) A reconnaissance to provide an overall view of the areas of concern and to provide
access to areas too steep or unstable for foot access.
(c) A walkover survey of the forested part of the site,
(d) Identifying the main hazards patches using the Detailed Slope Risk Assessment.
(e) Dividing the area into representative zones which will require similar treatment options.
(f) Assessing hazard and risk in broad terms, evaluating the extent and nature of future
investigations, and where more detailed hazard assessments are required.
4.1.3 Details of further Geotechnical investigation (Trial pit), UDS sampling, Seismic refraction tests
and instrumentations required to identify the strata, strength and stiffness characteristics of soil/
rock.
4.2 Task 2: Geological and Geotechnical Investigations Interpretative Report
4.2.1 In the process of preparing the “Field Survey Data Collection & Interpretative Report”, the
Contractor shall collect and analyse all available data from all relevant sources for all
installations and activities within the Naval Base, Karwar. Some limited information can be
provided by the Employer for the purpose of carrying out required study and delivering the
outcomes required in this assignment at no cost while other information may be acquired from
other public or commercial sources at his own cost. And, to gain an understanding of future
operations which will contribute heavily, it will also include a thorough study of all DPRs with
guidance of Engineer to gain a full understanding of infrastructure to be built and the operations
that will be carried out at each site and within the existing and future infrastructure. This
information is required for the purpose of preparing hydraulic and hydrological characteristics of
the area based on various reports, studies and present site conditions. Such characteristics
shall be used for ascertaining the impact of the flooding and the mitigation measures proposed
for the area. However, the Engineer will also assist the contractor in developing their full
understanding of the Project. It is expected that the Contractor will be required to meet with
several (if not all) of the following entities and/or organizations to gain a full understanding of the
current and future factors that are critical to, and will influence, the report:
a) Engineer/AECOM
b) Headquarters, Project Seabird (HQPSB)
c) Navy Project Implementation and Management Team (PIMT), located at Karwar
d) Flag Officer, Karwar (FOK), representing the on-site commands
e) Military Engineering Services (MES) staff, located at Karwar
f) Various Navy commands/ activities located on-site, Karwar
g) Local authorities regarding regulations, policies and other issues within the local authority
purview
h) Local and/or distant vendors
i) INHS Patanjali & NSRY (K)
j) Forest Department and Local Ministry of Environment & Forest and Climate Control (MoEF)
Dept.
4.2.2 After study of available data, the Contractor shall carry out the necessary survey and
investigation i.e. General geology, engineering geology, description of ground pattern, current
impact on existing structures.
4.2.3 Additional topographical survey and mapping if needed, structural and stereographical maps,
preparation of cross sections and broad technical analysis.
4.2.4 To carry out geophysical (e.g. seismic refraction test) and geotechnical investigations (e.g. Trial
Pit) testing and field instrumentations of identified problematic zones.
4.2.5 The Contractor should make their assessment for rock-fall hazard based on the various
investigations and studies carried out by them considering the following factors, but not limited
to, the following:
(a) Slope character: Slope length, height and angle; type of material on the surface.
(b) Climatic conditions: Rainfall, Increase in pore water pressure.
(c) Geologic conditions: Discontinuities, fractures or joints;
(d) Site history: Site vibrations, histories of previous rock fall.
(e) Infrastructure
4.2.6 Proximity of existing and proposed new infrastructure in relation to the slope, type and
importance level of infrastructure. The Contractor should study the particular aspects of
landslides; including the types, extent, occurrence and causes that trigger landslides occurring
at the project site.
4.3 Task 3: Draft Report for Slope Study
4.3.1 The Contractor shall verify the correctness of the data /information provided by the Employer
and satisfy themselves about the accuracy of data / information before they are used. The data
collected from other sources should also be reviewed and validated for its correctness, quality
and reliability. The Contractor shall review and analyse all necessary data and, create a
database for model development and prepare a report on the same.
4.3.2 Based on the data collected from survey phase, as mentioned above, various alternative
measures using conventional and/or advance technologies and solutions for landslide mitigation
and slope stabilization shall be suggested.
4.3.3 After thorough review and analysis, the Contractor should recommend hill slope protection
works classified in terms of:
(a) Prevention Measures (examples: rock anchors, scaling, and trimming techniques;
(b) Retention Measures (examples: surficial strengthening for hill slope)
(c) Protection Measures (examples: gabions, toe walls etc.)
(d) Warning Measures.
4.3.4 The Contractor will be required to provide a presentation to the Engineer and the Employer to
report, explain and discuss alternatives/options contained in the report and explain the
assumptions and reasoning for adopting a particular design. This will include an analysis of
technical aspects as well as cost impacts and benefits. The best fit solution for the project shall
be selected by the Employer giving due consideration to aspects such as economy, ease in
construction as per site constraints and any other local parameters Once the Employer selects
the desired alternative/option, the Contractor will begin preparation of detailed designs,
drawings, costing and tender documents for the selected alternatives/options.
4.4 Task 4: Final Detailed Design Report
4.4.1 The report should include detailed design of approved mitigation strategies and improvement
works by incorporating all observations raised by PMC. This report should include the final
working drawings.
4.4.2 As part of the detailed design of Hill Slope protection works/ rock-fall/ landslide mitigation
measures, the contractor will submit the following for each individual Naval base/site, but not
limited to:
4.4.2.1 Detailed drawings for problematic area including cross sections with long sections.
4.4.2.2 Detailed slope failure and rock-fall calculation for various problematic zones.
4.4.2.3 Erosion control measures
4.4.2.4 Electronic modelling files including inputs, base files, outputs for review
4.4.2.5 Detailed engineering design and drawings for proposed short term and long term rock-fall and
landslide mitigation strategies with sustainable solutions, for projects sites.
4.4.2.6 Layout plans of water-carrying services on or adjacent to the improved slopes or retaining
walls, and proper documentation of any special features (e.g. ducting system) related to the
services.
4.4.3 While performing detailed design for the approved infrastructure, the contractor shall:
4.4.3.1 Coordinate with the Engineer’s Design Manager to review and understand works to be
designed and constructed by other adjacent Project Seabird Phase IIA Contractors and the
possible impacts and interface required. Ensure works under design are coordinated and
integrated where required to avoid negative impacts.
4.4.3.2 Provide an in-house QA/QC program to ensure best quality of design product.
4.4.3.3 Submit drawings and specifications at the 60%, 85%/pre-final phases to be reviewed by the
Engineer’s (PMC’s) staff. The contractor will make any corrections and adjustments as directed
by the Engineer.
4.4.3.4 Ensure all designs are based on design guidelines, codes, national and military standards as
defined by the Engineer.
4.4.4 Durability and Maintenance:
4.4.4.1 Lack of maintenance is a major contributory factor to many landslides. Poorly maintained
slopes can deteriorate to the point where they may fail and result in the loss of life and damage
to project assets and property. Regular slope maintenance is very important. Contractor should
prepare a maintenance manual for works proposed for hill slope protection including following
minimum information:
a) A plan of the site showing the improved slopes and retaining walls to be maintained.
b) Record sheets containing general information on the improved slopes and retaining walls.
c) Typical cross-sections of all slopes and retaining walls, including details of surface cover,
surface drainage, subsurface drainage, access points and stabilisation measures such as soil
nails etc.
d) A list of man-made items requiring routine maintenance.
e) Recommendations on the frequency of routine maintenance inspections and regular checks of
buried water-carrying services (including ducting systems) on or adjacent to the slopes and
retaining walls, as appropriate.
f) Specific maintenance actions and procedures to be accomplished, with periodicities.
4.5 Task 5: Project Implementation Strategies, Cost Estimates & Technical Specifications
4.5.1 Based on Detailed design finalised by the Employer the contractor shall prepare Project
implementation strategies, technical specifications, detailed/ working drawings and other
related/ required documents. All deliverable working drawings/ documents will conform to the
requirements in the PMC Design Management Plan. These will include, but are not limited to:
4.5.1.1 TOR inputs for various construction contract packages
4.5.1.2 Technical outline and detailed technical specifications
4.5.1.3 Cost estimate, BOQ and rate analysis
4.5.1.4 Final working drawings
4.5.1.5 Operation and Maintenance plan
4.5.1.6 Approval checklist and compliance
4.5.1.7 List of applicable codes and material specifications
4.5.1.8 Construction schedule and milestones
5. SCHEDULE OF DELIVERABLES
5.1 Submission & Approval for Task 1: Initial Report within 60 Days from Date of Commencement.
5.2 Submission & Approval for Task 2: Geological and Geotechnical investigations Interpretative
Report within 90 days from Date of Commencement.
5.3 Submission & Approval for Task 3: Draft Report for Slope Study within 120 days from Date of
Commencement.
5.4 Submission & Approval for Task 4: Final Detailed Design Report within 150 days from Date of
Commencement.
5.5 Submission & Approval for ‘Task 5: Project Implementation Reports, Cost estimates & Technical
Specifications’ and completion of entire remaining works in all respect from every aspect within
180 days from Date of Commencement.
6. CODES AND STANDARDS
Unless otherwise specified in the Contract, the relevant provisions of the appropriate Bureau of India
Standards shall apply for all the materials and workmanship.
6.1 Study, planning, design and maintenance including field studies to be done as per the latest
publications of the Bureau of Indian Standards (BIS),
6.2 Circulars of MORT&H, India Roads Congress (IRC), relevant Central Road Research Institute
and Geological Survey of India publications/ recommendations for hill slopes.
6.3 Where such provisions are inadequate and/or missing or aspects not covered, international best
practices shall be proposed for the consideration of Client. A list of India standards, but not
limited to, practices, guidelines is given below:
a) IS 13939: Interceptor drains for steep hill slopes under plantation crops - Guidelines for laying.
b) IS 14986: Jute geo-grid for rain water erosion control in road and railway embankment and hill
slopes.
c) IS 15872: Application of Coir Geotextiles For Rain Water Erosion Control in Roads, Railway
Embankments and Hill Slopes – Guidelines.
d) IS 14458: Part 1 Guidelines for retaining wall for hill area: Part 1 Selection of type of wall.
e) IS 14458: Part 2 Guidelines for retaining wall for hill area: Part 2 Design of retaining/breast
walls.
f) IS 14458: Part 3 Guidelines for retaining wall for hill area: Part 3 Construction of dry stone walls.
g) IS 14680: Landslide control guidelines.
h) IS 14496: Preparation of landslide hazard zonation map in mountainous terrains-Guidelines.
i) IS: 15681 – 2006: Geological exploration by Geophysical methods (Seismic Refraction)
*Note: These standards are the recommended Indian Standards, and where possible they are
confirmed as the latest standards. The Contractor carrying out the scope of works should
review these standards. Should a more up-to-date or relevant Indian or International Standard
be determined, than this standard should be advised and incorporated into the study.
SECTION V
PRICE SCHEDULE
IN FIGURES
IN WORDS
Note: Interim stage payments shall be made as per clause 4 of Special Conditions of Contract. It gives
the percentages payable on the basis of the Lump Sum quoted above.