Volume III.docx

1、Volume IIISection VForms of Bid, Proof of Legal Representative, Power of Attorney, Bid Security and List of Eligible Member Countries of the Asian Development Bank5.1 Form of Bid (Form)Name of Contract: Contract No.: To: Name of the Employer1. Having investigated the Site and examined the Conditions

2、 of Contract, Specifications, Drawings, and Bill of Quantities and other concerned documents for the above named Works we, the undersigned, offer to execute and complete such Works and remedy any defects therein conformity with the Conditions of Contract, Specifications, Drawings, Bill of Quantities

3、 for the sum of ten thousand Yuan (in words).2. 2. We acknowledge that the Contract Data forms part of our Bid. We undertake, if our Bid is accepted, to commence the Works from the Start Date provided in the Contract Data and to complete the whole of the Works comprised in the Contract within the In

4、tended Completion Date stated in the Contract Data.We will, if our Bid is accepted, according to the Contract, submit an undisputable bank guarantee as the performance security of ten percent (10%) of the Bid Price and will take the liabilities of the Contract. 4. We agree to abide by this Bid for t

5、he period beginning from the Deadline for Submission of Bids specified in Clause 22 of Instructions to Bidders, and it shall remain binding upon us till the end of valid period specified in Clause 16 of Instructions to Bidders and may be accepted at any time before the expiration of that period. 5.

6、Unless and until a formal Agreement is prepared and executed, your written acceptance shall constitute a binding contract between us. 6. We understand that you are not bound to accept the lowest or any tender you may receive.7. We submit bank guarantee of Yuan RMB (in words) as the Bid Security toge

7、ther with the Bid.Bidder: (Name and official seal of unit)Legal Representative or Agent: (Signature)Company address:Date: Year Month Day Witness AddressOccupation5.2 Annex of Bid (Form)ItemClause of Conditions of ContractContentAmount of Performance Security45.1_% Of the Bid Price (Bank Security)Low

8、est amount of 3rd Party Liability Insurance12.1.1_Yuan each time, while times are not limitedWorks Period15.1_ MonthsAmount for Liquidated Damages 43.1_% Of the Bid Price for each dayLimit of Liquidated Damages43.3_% Of the Bid PriceLiability in Defects Correction Period30.2_MonthsRetention42.1_ % O

9、f due payment for each finished amount of workHighest Limit of Retention42.2_% Of the Bid PriceAmount of Advance Payment44.1_% Of the Bid PriceBegin to Repay Advance Payment44.3After the paid amount reaches the bid price minus _ % temporary determined amount Monthly Repayment of Advance Payment44.3C

10、alculated according to:R=_Pay Interest on the Late Payment37.1Calculated as the interest of current business loan of Peoples bank of China Bidder: (Name & Official Seal)Legal Representative or Agent: (Signature)Date: Year Month Date5.3 Form of Proof of Legal Representative or Form of Power of Attorn

11、ey (Form)5.3.1 Form of Proof of Legal Representative (Form) Bidder:Bidders Address:Hereby it is proved that Name, who is Sex, Age and Position, and whose ID No. is is the legal representative of Name of the Bidder, whose signature is as follows.Official Seal of the Bidder:Signature of the Legal Repr

12、esentative:Official Seal of the Responsible Institution:(Or of Notary Office)Signature of the Leader in Charge:(Or of the Notary)Date: Day Month Year5.3.2 Form of Power of Attorney Name of Employer: Name, position and ID No. Of the Attorney is hereby authorized to be the Agent of us unit to sign the

13、 Bidding Documents, execute the negotiations, sign the Contract and deal with all the other affairs concerning the Contract Of Name of the Contract, which Contract No. is. The Signature and Seal is as the end of the Power of Attorney.Power of Attorney: (Name and official seal of unit)Legal Represent

14、ative: (Signature)Agent: (Signature)Date: Year Month Day Note: In case the bidder is a joint venture, together with the official seal of the executive partner and the signature of its legal person, all the other partners shall provide here their official seals and their legal persons signatures.5.4

15、FORM OF BID SECURITY (BANK GUARANTEE) (Form) WHEREAS, Name of Bidder (hereinafter called “the Bidder”) has submitted his bid. Dated Date for the construction Of Name of Contract (hereinafter called “the Bid”).KNOW ALL MEN by these presents that We Name of Bank (hereinafter called “the Bank” are boun

16、d unto Name of Employer (Hereinafter called “the Employer”) in the sum of in words for which payment well and truly to be made to the said Employer, the Bank binds himself, his successors and assigns by these presents.The conditions of this obligation are:(1) If the bidder withdraws his Bid during t

17、he period of bid validity specified in the Instructions to Bidders; or(2) If the Bidder refuse to accept corrections on errors in his Bid; or(3) If the Bidder having been notified of the acceptance of his Bid by the Employer during the period of bid validity:a) Fails or refuses to sign the Form of A

18、greement in accordance with the Instructions to Bidders, if required; orb) Fails or refuses to furnish the Performance Security, in accordance with the Instructions to BiddersWe undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer hav

19、ing to substantiate his demand, provided that in his demand the Employer will note that amount claimed by him is due to him owing to the occurrence of one or more of the three conditions, specifying the occurred condition or conditions.The Guarantee will remain in force up to and including to the da

20、te twenty-eight (28) days after the end of period of bid validity as is stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which extensions to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date

21、.Attorney of the Bank: (Signature and official seal)Legal Representative: (Signature)Address: Date: Year Month Day5.5 LIST OF ELIGIBLE MEMBER COUNTRIES OF THE ASIAN DEVELOPMENT BANK AfghanistanAustraliaAustriaBangladeshBelgiumBhutanCambodiaCanadaChina, Peoples Republic ofCook IslandsDenmarkFijiFinla

22、ndFranceGermanyHong Kong, P.R.C.India IndonesiaItalyJapanKazakhstanKiribatiKorea, Republic ofMicronesia, Federated States ofMongoliaMyanmarNauruNepalNetherlandsNew ZealandNorwayPakistanPapua New GuineaPhilippinesSingaporeSolomon IslandsSpainSri LankaSwedenSwitzerlandTaipei, ChinaThailandTongaTurkeyT

23、uvaluUnited KingdomKyrgyz RepublicLao Peoples Democratic RepublicMalaysiaMaldivesMarshall Islands TajikistanUnited StatesUzbekistanVanuatuViet NamWestern SamoaSection VIBill of Quantities 6.1 Instruction 6.1.1 Bill of quantities should be vided with bidding documents such as bidder notice, contract

24、terms, technical clause and drawing sheet, etc.6.1.2 Project quantity at bill of quantities is only a matter of estimated project quantity of tender offer, not that of final settlement. The project quantity, serving as final estimate, is that contractor completes in fact, which is measured by meteri

25、ng prescription in terms of contract. The unit price at bill of quantities refers to comprehensive unit price except for special instruction.6.1.3 Except for additional prescriptions on contract, both unit price and total prices for marked price include: direct charges, indirect charges, other expen

26、diture, expenses of taxation and profit that contractor undertakes at the time of carrying out and completing contract engineering, along with all responsibility, obligation and venture that contractor undertakes, which is clearly indicated or implied on contract.6.1.4 the project insurance and thir

27、d party liability insurance should be carried out according to special clauses on contract when the contractor tenders for engineering.6.1.5 All expenses and profit, which conform to contract regulations, should be involved in all the items listed in bill of quantities. The items that should be unde

28、rtaken by contractor on contract, but is not listed in detail at bill of quantities, its charges and profit should be considered to have been involved in unit price and total price of other relate items. Contractor should not add new item or adapt item name of his own accord at bill of quantities. 6

29、.1.6 the column of “unit price ”and ”total price “ at bill of quantities should be filled in by contractor. Contractor should fill in summary table for tender offer; the general offer should be given at terminal. Bid currency is RMB. If contractor does not fill in unit price and total price for cert

30、ain items, the price should be regarded to be involved in unit price and total price of other items, or tender sum. 6.1.7 Work content and request of all the items, along with computation and payment regulations at bill of qualities see also the relate sections at .6.1.8 The unpredictable reserve fu

31、nds at summary table on tender offer uses as still undetermined or unpredictable items at the time of signing contract. The employer is up to fill in and execute acting on regulations of the 34th item at .6.1.9 Except for additional regulations on contract, the taxes and other expenses, which should be undertaken by contractor according to present regulations involved in country laws, administrative regulati