GOVERNMENT OF MADHYA PRDESH GOVERNMENT OF MADHYA PRDESH GWALIOR MUNICIPAL CORPORATIN DEPARTMENT GWALIOR MUNICIPAL CORPORATIN DEPARTMENT APPENDIX 2.10 APPENDIX 2.10 TENDER DOCUMENT TENDER DOCUMENT For Percentage Rate only in works departments and other For Percentage Rate only in works departments and other Departments similar to work departments Departments similar to work departments (Effective from 01/01/2014) (Effective from 01/01/2014) OFFICE OF THE COMMISSIONER MUNICIPAL CORPORATION GWALIOR NIT Number and Date NIT Number and Date : Agreements Number and Date Agreements Number and Date : Name of Work Name of Work : Name of the Contractor Name of the Contractor : Probable Amount of Contract Probable Amount of Contract (Rs. In Figure) (Rs. In Figure) : (Rs. In Words) (Rs. In Words) : Contract Amount Contract Amount (Rs. In Figure) (Rs. In Figure) : Page 1 of 121 MPGMC/5462/E-tendering/2016-17 dt. 12.01.2017 Construction of Drain and CC Flooring at Koteswar colony From Ramesh Rajpoot Choraha To Muuni Devi Sharma House To Hardool wali gali Mavira house Road Rs. 23,80,000/- Rs.
Transcript
GOVERNMENT OF MADHYA PRDESHGOVERNMENT OF MADHYA PRDESH
GWALIOR MUNICIPAL CORPORATIN DEPARTMENTGWALIOR MUNICIPAL CORPORATIN DEPARTMENT
APPENDIX 2.10APPENDIX 2.10
TENDER DOCUMENT TENDER DOCUMENT For Percentage Rate only in works departments and other For Percentage Rate only in works departments and other
Departments similar to work departments Departments similar to work departments
(Effective from 01/01/2014)(Effective from 01/01/2014)
OFFICE OF THE COMMISSIONER MUNICIPAL CORPORATION GWALIOR
NIT Number and DateNIT Number and Date ::
Agreements Number and DateAgreements Number and Date ::
Name of Work Name of Work ::
Name of the ContractorName of the Contractor ::
Probable Amount of ContractProbable Amount of Contract
(Rs. In Figure)(Rs. In Figure) ::
(Rs. In Words)(Rs. In Words) ::
Contract AmountContract Amount(Rs. In Figure)(Rs. In Figure) ::
Page 1 of 81
MPGMC/5462/E-tendering/2016-17dt. 12.01.2017Construction of Drain and CC Flooring at Koteswar colony From Ramesh Rajpoot Choraha To Muuni Devi Sharma House To Hardool wali gali Mavira house Road Ward- 10 File No 09/17X3/6
Rs. 23,80,000/-
Rs.
(Rs. In Words)(Rs. In Words) ::
Stipulated Period of CompletionStipulated Period of Completion ::
Contractor have to submit Attested Scanned copy of registration, Scanned copy of EPFContractor have to submit Attested Scanned copy of registration, Scanned copy of EPF registration copy, Earnest money, Commercial tax Tin no., pan no., registration copy, Earnest money, Commercial tax Tin no., pan no., 'Annexure H’ And 'Annexure 'Annexure H’ And 'Annexure B’B’ (non (non judicial stamp 100/-)judicial stamp 100/-)Online tender through e-procurement are invited on portalOnline tender through e-procurement are invited on portal http://www.mpeproc.gov.inhttp://www.mpeproc.gov.in on behalf of GMC. on behalf of GMC.
Online percentage rate bids for the following works are invited from registered Online percentage rate bids for the following works are invited from registered contractors and Firms of repute fulfilling registration criteria :contractors and Firms of repute fulfilling registration criteria :
S.S.
No.No.
/Pkg//Pkg/
CodeCode
Name of WorkName of Work
District (s)District (s) ProbableProbable
Amount ofAmount of
ContractContract
(Rs. in lakh)(Rs. in lakh)
Period ofPeriod of
CompletionCompletion
1
Construction of Drain and CC Flooring at Koteswar colony From Ramesh Rajpoot Choraha To Muuni Devi Sharma House To Hardool wali gali Mavira house Road Ward- 10 File No 09/17X3/6
GWALIOR Rs.23,80,000/-03 Month i/c rainy season
1.1. Interested bidders can view the detailed NIT in the website Interested bidders can view the detailed NIT in the website http://mpeproc.gov.inhttp://mpeproc.gov.in..
2.2. The Bid Document can be purchased only online The Bid Document can be purchased only online from from 13/01/2017 16.00 to 28/01/2017 17.30.13/01/2017 16.00 to 28/01/2017 17.30.
3.3. Amendments to NIT, if any, would be published on website only, and not in newspaper.Amendments to NIT, if any, would be published on website only, and not in newspaper.
Contractor have to submit Attested Scanned copy of registration, Scanned copy of EPFContractor have to submit Attested Scanned copy of registration, Scanned copy of EPF registration copy, Earnest money, Commercial tax Tin no., pan no., registration copy, Earnest money, Commercial tax Tin no., pan no., 'Annexure H’ And 'Annexure B’'Annexure H’ And 'Annexure B’ (non(non judicial stamp 100/-)judicial stamp 100/-)Online tender through e-procurement are invited on portalOnline tender through e-procurement are invited on portal http://www.mpeproc.gov.inhttp://www.mpeproc.gov.in on behalf of GMC. on behalf of GMC.
Online percentage rate bids for the following works are invited from registered Online percentage rate bids for the following works are invited from registered contractors and Firms of repute fulfilling registration criteria :contractors and Firms of repute fulfilling registration criteria :
S.S.
No. /No. /
Pkg/Pkg/
CodeCode
Name of WorkName of Work
DistrictDistrict
(s)(s) ProbableProbable
Amount ofAmount of
ContractContract
(Rs. in lakh)(Rs. in lakh)
EarnestEarnest
MoneyMoney
DepositDeposit
(EMD)(EMD)
(In(In
Rupees)Rupees)
Cost ofCost of
BidBid
DocumentDocument
CategoryCategory
ofof
ContractContract
oror
Period ofPeriod of
CompletioCompletio
nn
11 22 33 44 55 66 77
1
Construction of Drain and CC Flooring at Koteswar colony From Ramesh Rajpoot Choraha To Muuni Devi Sharma House To Hardool wali gali Mavira house Road Ward- 10 File No 09/17X3/6
GWALIOR Rs.23,80,000/- 50,000/- 5,000/-
“C’Class &
Above
03 Month i/c rainy season
1.1. All details relating to the Bid Document(s) can be viewed and downloaded free of cost on theAll details relating to the Bid Document(s) can be viewed and downloaded free of cost on the
2.2. Bid Document can be after marking online payment of portal fees through Credit/Debit/CashBid Document can be after marking online payment of portal fees through Credit/Debit/Cash
3.3. At the time of submission of the Bid the eligible bidder shall be required to:At the time of submission of the Bid the eligible bidder shall be required to:
i)i) pay the cost of Bid Document;pay the cost of Bid Document;
ii)ii) deposit the Earnest Money;deposit the Earnest Money;
iii)iii) Submit a check list;Submit a check list; and and
iv)iv) Submit an affidavit.Submit an affidavit.
Details can be seen in the Bid Data SheetDetails can be seen in the Bid Data Sheet
4.4. ELIGIBILTY FOR BIDDERS:ELIGIBILTY FOR BIDDERS:
(a)(a) AAt the time of submission of the Bid the bidder should have valid registration with thet the time of submission of the Bid the bidder should have valid registration with the
Government of Madhya Pradesh, PWD in the appropriate class. Government of Madhya Pradesh, PWD in the appropriate class. However, such bidders whoHowever, such bidders who
are not registered with the are not registered with the Government of Madhya Pradesh Government of Madhya Pradesh and are eligible for registrationand are eligible for registration
can also submit their bids after having applied for registration with appropriate authority.can also submit their bids after having applied for registration with appropriate authority.
(b)(b) The bidder would be required to have valid registration at the time of signing of the Contract.The bidder would be required to have valid registration at the time of signing of the Contract.
(c)(c) FFailure to sign the contract by the selected bidder, for whatsoever reason, shall result inailure to sign the contract by the selected bidder, for whatsoever reason, shall result in
forfeiture of the earnest money deposit.forfeiture of the earnest money deposit.
(d)(d) Tenderer will have to submit Scanned copy of EPF Registration.Tenderer will have to submit Scanned copy of EPF Registration.
5.5. Pre-qualification – Pre-qualification – Prequalification conditions, wherever applicable, are given in the Bid DataPrequalification conditions, wherever applicable, are given in the Bid Data
Sheet.Sheet. (N.A.)(N.A.)
6.6. Special Eligibility - Special Eligibility - Special Eligibility ConditionsSpecial Eligibility Conditions, if any, are given in the Bid Data Sheet. , if any, are given in the Bid Data Sheet. (N.A.)(N.A.)
7.7. The Bid Document can be purchased only online The Bid Document can be purchased only online from from 13.01.2017 16:00 to 28.01.2017 17:30.13.01.2017 16:00 to 28.01.2017 17:30.
8.8. Amendments to NIT, if any, would be published on website only, and not in newspaper.Amendments to NIT, if any, would be published on website only, and not in newspaper.
Commissioner GWALIOR MUNICIPAL CORPORATION (GMC)
Page 6 of 81
SECTION 2SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)INSTRUCTIONS TO BIDDERS (ITB)
A.A. GENERALGENERAL
1.1. SCOPE OF BIDSCOPE OF BID
The detailed description of work, hereinafter referred as ‘work’, is given in The detailed description of work, hereinafter referred as ‘work’, is given in the Bid Data Sheetthe Bid Data Sheet. .
2.2. General Quality of Work:General Quality of Work:
The work shall have to be executed in accordance with the technical specifications specified inThe work shall have to be executed in accordance with the technical specifications specified in
the the Bid Data Sheet/Contract Data Bid Data Sheet/Contract Data and shall have to meet high standards of workmanship, safetyand shall have to meet high standards of workmanship, safety
and security of workmen and worksand security of workmen and works..
3.3. PROCEDURE FOR PARTICIPATION IN E-TENDERINGPROCEDURE FOR PARTICIPATION IN E-TENDERING
The procedure for participation in e-tendering is given in the The procedure for participation in e-tendering is given in the Bid Data Sheet.Bid Data Sheet.
4.4. ONE BID PER BIDDER ONE BID PER BIDDER
4.1 4.1 The bidder can be an individual entity or a joint venture. The requirement of joint venture is givenThe bidder can be an individual entity or a joint venture. The requirement of joint venture is given
in the Bid Data Sheet. in the Bid Data Sheet.
4.2 4.2 No bidder shall be entitled to submit more than one bid whether jointly or severally. If he doesNo bidder shall be entitled to submit more than one bid whether jointly or severally. If he does
so, all bids where in the bidder has participated shall stand disqualified.so, all bids where in the bidder has participated shall stand disqualified.
5. 5. Cost of BiddingCost of Bidding
The bidder shall bear all costs associated with the preparation and submission of his bid, and noThe bidder shall bear all costs associated with the preparation and submission of his bid, and no
claim what so ever for the same shall lie on the Government.claim what so ever for the same shall lie on the Government.
6. 6. Site Visit and examination of worksSite Visit and examination of works
The bidder is advised to visit and inspect the Site of Works and its surroundings and obtain forThe bidder is advised to visit and inspect the Site of Works and its surroundings and obtain for
itself on its own responsibility all information that may be necessary for preparing the bid anditself on its own responsibility all information that may be necessary for preparing the bid and
entering into a contract for construction of the work. All costs in this respect shall have to beentering into a contract for construction of the work. All costs in this respect shall have to be
borne by the bidder.borne by the bidder.
Page 7 of 81
B.B. BID DOCUMENTSBID DOCUMENTS
7. 7. CONTENT OF BID DOCUMENTSCONTENT OF BID DOCUMENTS
The Bid Document comprises of the following documents:The Bid Document comprises of the following documents:
1. 1. NIT with all amendments.NIT with all amendments.
2. Instructions to Bidders, bid data sheet with all Annexures 2. Instructions to Bidders, bid data sheet with all Annexures
3. Conditions of Contract:3. Conditions of Contract:
i. Part I General Conditions of Contract and Contract Data with all Annexures andi. Part I General Conditions of Contract and Contract Data with all Annexures and
ii. Part II Special Conditions of Contract. ii. Part II Special Conditions of Contract.
4. Specifications4. Specifications
5. Drawings.5. Drawings.
6. Priced Bill of Quantities6. Priced Bill of Quantities
7. Technical and Financial Bid7. Technical and Financial Bid
8. Letter of Acceptance8. Letter of Acceptance
9. Agreement and9. Agreement and
10. Any other Document(s), as specified.10. Any other Document(s), as specified.
8.8. The bidder is expected to examine carefully all instructions, conditions of contract, the contractThe bidder is expected to examine carefully all instructions, conditions of contract, the contract
data, forms, terms and specifications, bill of quantities, forms and drawings in the Bid Document.data, forms, terms and specifications, bill of quantities, forms and drawings in the Bid Document.
Bidder shall be solely responsible for his failure to do so.Bidder shall be solely responsible for his failure to do so.
Wherever the Wherever the Bid Data SheetBid Data Sheet provides for pre-bid meeting: provides for pre-bid meeting:
9.1 9.1 Details of venue, date and time would beDetails of venue, date and time would be mentioned in the mentioned in the Bid Data SheetBid Data Sheet. Any change in. Any change in
the schedule of pre-bid meeting would be communicated on the website only, andthe schedule of pre-bid meeting would be communicated on the website only, and
intimation to bidders would not be given separately.intimation to bidders would not be given separately.
Page 8 of 81
9.29.2 Any prospective bidder may raise his queries and/or seek clarifications in writing before orAny prospective bidder may raise his queries and/or seek clarifications in writing before or
during the pre-bid meeting. The purpose of such meeting is to clarify issues and answerduring the pre-bid meeting. The purpose of such meeting is to clarify issues and answer
questions on any matter that may be raised at that stage. The Employer may, at his option,questions on any matter that may be raised at that stage. The Employer may, at his option,
give such clarifications as are felt necessary. give such clarifications as are felt necessary.
9.39.3 Minutes of the pre-bid meeting including the gist of the questions raised and the responsesMinutes of the pre-bid meeting including the gist of the questions raised and the responses
given together with any response prepared after the meeting will be hosted on thegiven together with any response prepared after the meeting will be hosted on the
website.website.
9.4 9.4 Pursuant to the pre-bid meeting if the Employer deems it necessary to amend the BidPursuant to the pre-bid meeting if the Employer deems it necessary to amend the Bid
Document, it shall be done by issuing amendment to the online NIT.Document, it shall be done by issuing amendment to the online NIT.
10. 10. Amendment of Bid DocumentsAmendment of Bid Documents
10.1 10.1 Before the deadline for submission of bids, the Employer may amend or modify the BidBefore the deadline for submission of bids, the Employer may amend or modify the Bid
Documents by publication of the same on the website.Documents by publication of the same on the website.
10.210.2 All amendments shall form part of the Bid Document.All amendments shall form part of the Bid Document.
10.310.3 The Employer may, at its discretion, extend the last date for submission of bids. By publication ofThe Employer may, at its discretion, extend the last date for submission of bids. By publication of
the same on the website. the same on the website.
C.C. PREPARATION OF BIDPREPARATION OF BID
11.11. The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms andand
submit Bid Seals (Hashes) of all the envelopes and documents related to the Bid submit Bid Seals (Hashes) of all the envelopes and documents related to the Bid required to be uploadedrequired to be uploaded
as per the time schedule mentioned in the key dates of the as per the time schedule mentioned in the key dates of the Notice Inviting e-Tenders after signing ofNotice Inviting e-Tenders after signing of
the same by the Digital Signature of their the same by the Digital Signature of their authorized representative.authorized representative.
12.12. DOCUMENTS COMPRISING THE BIDDOCUMENTS COMPRISING THE BID
The bid submitted online by the bidder shall be in the following parts:The bid submitted online by the bidder shall be in the following parts:
Part 1Part 1 – This shall be known as – This shall be known as Envelope A Envelope A and would apply for all bids.and would apply for all bids. OnlineOnline Envelop A Envelop A shallshall
contain the following as per details given in the contain the following as per details given in the Bid Data SheetBid Data Sheet::
i)i) Registration number or proof of application for registration and organizational details inRegistration number or proof of application for registration and organizational details in
format given in the bid data sheet.format given in the bid data sheet.
ii)ii) Payment of the cost of Bid Document;Payment of the cost of Bid Document;
Page 9 of 81
iii)iii) Earnest Money;Earnest Money; andand
iv)iv) An affidavit duly notarized.An affidavit duly notarized.
Part 2Part 2 – This shall be known as online – This shall be known as online Envelope BEnvelope B and required to be submitted only in works and required to be submitted only in works
where pre-qualification conditions and/or special eligibility conditions are stipulated in the where pre-qualification conditions and/or special eligibility conditions are stipulated in the BidBid
Data SheetData Sheet. Online . Online Envelop BEnvelop B shall contain a shall contain a self-certified sheetself-certified sheet duly supported by documents to duly supported by documents to
demonstrate fulfillment of pre-qualification conditions.demonstrate fulfillment of pre-qualification conditions.
Part 3Part 3 – This shall be known as online – This shall be known as online Envelope C Envelope C and would apply to all bids. and would apply to all bids. Envelop CEnvelop C shall shall
contain financial offer in the contain financial offer in the format format prescribed format enclosed with the prescribed format enclosed with the Bid Data Sheet.Bid Data Sheet.
13.13. LANGUAGELANGUAGE
The bid as well as all correspondence and documents relating to the bid exchanged by the BidderThe bid as well as all correspondence and documents relating to the bid exchanged by the Bidder
and the Employer shall be in English or Hindi. Supporting documents and printed literature thatand the Employer shall be in English or Hindi. Supporting documents and printed literature that
are part of the Bid may be in another language provided they are accompanied by an accurateare part of the Bid may be in another language provided they are accompanied by an accurate
translation of the relevant passages in English. In such case, for the purposes of interpretation oftranslation of the relevant passages in English. In such case, for the purposes of interpretation of
the bid, such translation shall govern.the bid, such translation shall govern.
14.14. TECHNICAL PROPOSALTECHNICAL PROPOSAL
14.1 14.1 Only, in case of bids with pre-qualification conditions defined in the Only, in case of bids with pre-qualification conditions defined in the Bid Data SheetBid Data Sheet, the, the
Technical Proposal shall comprise of formats and requirements given in the Technical Proposal shall comprise of formats and requirements given in the Bid DataBid Data
SheetSheet..
14.214.2 All the document/information enclosed with the technical proposal should be self-All the document/information enclosed with the technical proposal should be self-
attestage and certified by bidder. The bidder shall be liable for forfeiture of his earnestattestage and certified by bidder. The bidder shall be liable for forfeiture of his earnest
money deposit, if any document/information are found false/fake/untrue beforemoney deposit, if any document/information are found false/fake/untrue before
acceptance of bid. If it is found after acceptance of the bid. The bid sanctioning authorityacceptance of bid. If it is found after acceptance of the bid. The bid sanctioning authority
may at his description forfeit his performance security/guarantee security deposit,may at his description forfeit his performance security/guarantee security deposit,
enlistment deposit and take any other suitable action. enlistment deposit and take any other suitable action.
15.15. FINANCIAL BIDFINANCIAL BID
i.i. The bidder shall have to quote rates in format referred in bid data sheet, in overallThe bidder shall have to quote rates in format referred in bid data sheet, in overall
percentage, and not item wise. If the bid is in absolute amount, overall percentage wouldpercentage, and not item wise. If the bid is in absolute amount, overall percentage would
be arrived at in relation to the probable amount of contact given in NIT. The overallbe arrived at in relation to the probable amount of contact given in NIT. The overall
percentage rate would apply for all items of work.percentage rate would apply for all items of work.
Page 10 of 81
ii.ii. Percentage shall be quoted in figures as well as in words. If any difference in figures andPercentage shall be quoted in figures as well as in words. If any difference in figures and
words is found, lower of the two shall be taken as valid and correct.words is found, lower of the two shall be taken as valid and correct.
iii.iii. The bidder shall have to quote rates inclusive of all duties, taxes, royalties and other levies;The bidder shall have to quote rates inclusive of all duties, taxes, royalties and other levies;
and the Employer shall not be liable for the same.and the Employer shall not be liable for the same.
iv.iv. The material along with the units and rates, which shall be issued, if any, by theThe material along with the units and rates, which shall be issued, if any, by the
department to the contractor, is mentioned in the bid data sheet.department to the contractor, is mentioned in the bid data sheet.
16.16. PERIOD OF VALIDITY OF BIDSPERIOD OF VALIDITY OF BIDS
The bids shall remain valid for a period specified in The bids shall remain valid for a period specified in thethe Bid Data Sheet Bid Data Sheet after the date of “close for after the date of “close for
biding” as prescribed by the Employer. The validity of the bid can be extended by mutual consentbiding” as prescribed by the Employer. The validity of the bid can be extended by mutual consent
17.117.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the amountThe Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the amount specified in the specified in the Bid Data SheetBid Data Sheet. .
17.2 17.2 The EMD shall be in the form of Fixed Deposit Receipt of a scheduled commercial bank, issued inThe EMD shall be in the form of Fixed Deposit Receipt of a scheduled commercial bank, issued in favour of the name given in the favour of the name given in the Bid Data SheetBid Data Sheet. The Fixed Deposit Receipt shall be valid for six. The Fixed Deposit Receipt shall be valid for six months or more after the last date of receipt of bids. However other form(s) of EMD may bemonths or more after the last date of receipt of bids. However other form(s) of EMD may be allowed by the employer by mentioning it in the bid data sheet. allowed by the employer by mentioning it in the bid data sheet.
17.3 17.3 BidBid not accompanied by EMD shall be liable for rejection as non-responsive. not accompanied by EMD shall be liable for rejection as non-responsive.
17.4.117.4.1 EMD EMD of bidders whose bids are not accepted will be returned within ten working days of theof bidders whose bids are not accepted will be returned within ten working days of the
decision on the bid.decision on the bid.
17.517.5 EMD of the successful Bidder will be discharged when the Bidder has signed the Agreement afterEMD of the successful Bidder will be discharged when the Bidder has signed the Agreement after
furnishing the required Performance Security.furnishing the required Performance Security.
17.617.6 FFailure to sign the contract by the selected bidder, within the specified period, for whatsoeverailure to sign the contract by the selected bidder, within the specified period, for whatsoever
reason, shall result in forfeiture of the earnest money deposit.reason, shall result in forfeiture of the earnest money deposit.
Page 11 of 81
D.D. SUBMISSION OF BIDSUBMISSION OF BID
18.18. The bidder is required to submit online bid duly signed digitally, and Envelop ‘A’ in physical formThe bidder is required to submit online bid duly signed digitally, and Envelop ‘A’ in physical form
also at the place prescribed in the bid data sheetalso at the place prescribed in the bid data sheet. .
E.E. OPENING AND EVALUATION OF BIDOPENING AND EVALUATION OF BID
19.19. PROCEDUREPROCEDURE
19.119.1 Envelope ‘A’ shall be opened first online at the time and date notified and its contentsEnvelope ‘A’ shall be opened first online at the time and date notified and its contents
shall be checked. In cases where Envelop ‘A’ does not contain all requisite documents,shall be checked. In cases where Envelop ‘A’ does not contain all requisite documents,
such bid shall be treated as non-responsive, and Envelop B and/or C of such bid shall notsuch bid shall be treated as non-responsive, and Envelop B and/or C of such bid shall not
be opened.be opened.
19.219.2 Wherever Envelop ‘B’ (Technical Bid) is required to be submitted, the same shall beWherever Envelop ‘B’ (Technical Bid) is required to be submitted, the same shall be
opened online at the time and date notified. The bidder shall have freedom to witnessopened online at the time and date notified. The bidder shall have freedom to witness
opening of the Envelop ‘B’. Envelop ‘C’ (Financial Bid) of bidders who are not qualified inopening of the Envelop ‘B’. Envelop ‘C’ (Financial Bid) of bidders who are not qualified in
Technical Bid (Envelop ‘B’) shall not be opened.Technical Bid (Envelop ‘B’) shall not be opened.
19.319.3 Envelope ‘C’Envelope ‘C’ (Financial Bid) of bids shall be opened online (Financial Bid) of bids shall be opened online at the time and date notified.at the time and date notified.
The bidder shall have freedom to witness opening of the Envelop ‘C’.The bidder shall have freedom to witness opening of the Envelop ‘C’.
19.419.4 After opening Envelop ‘C’ After opening Envelop ‘C’ all responsive bids shall be compared to determine the lowestall responsive bids shall be compared to determine the lowest
evaluated bid.evaluated bid.
19.519.5 The Employer reserves the right to accept or reject any bid, and to annul the bidingThe Employer reserves the right to accept or reject any bid, and to annul the biding
process and reject all the bids at any time prior to contract award, without incurring anyprocess and reject all the bids at any time prior to contract award, without incurring any
liability. In all such cases reasons shall be recorded.liability. In all such cases reasons shall be recorded.
19.619.6 The Employer reserves the right of accepting the bid for the whole work or for a distinctThe Employer reserves the right of accepting the bid for the whole work or for a distinct
part of it.part of it.
20.20. ConfidentialityConfidentiality
20.20.11 Information relating to examination, evaluation, comparison and recommendation ofInformation relating to examination, evaluation, comparison and recommendation of
contract award shall not be disclosed to bidders or any other person not officiallycontract award shall not be disclosed to bidders or any other person not officially
concerned with such process until final decision on the bid.concerned with such process until final decision on the bid.
20.20.22 Any attempt by a bidder to influence the Employer in the evaluation of the bids orAny attempt by a bidder to influence the Employer in the evaluation of the bids or
contract award decisions may result in the rejection of its bid.contract award decisions may result in the rejection of its bid.
Page 12 of 81
F.F. AWARD OF CONTRACTAWARD OF CONTRACT
21. 21. Award of ContractAward of Contract
The Employer shall notify the successful bidder by issuing a ‘Letter of Acceptance’ (LOA) that hisThe Employer shall notify the successful bidder by issuing a ‘Letter of Acceptance’ (LOA) that his
bid has been acceptedbid has been accepted..
22.22. Performance SecurityPerformance Security
22.122.1 Prior to signing of the Contract the bidder to whom LOA has been issued shall have toPrior to signing of the Contract the bidder to whom LOA has been issued shall have to
furnish performance security of the amount, in the form and for the duration, etc. asfurnish performance security of the amount, in the form and for the duration, etc. as
specified in the specified in the Bid Data SheetBid Data Sheet. .
22.222.2 Additional performance security, if applicable, is mentioned in the Additional performance security, if applicable, is mentioned in the Bid Data Sheet Bid Data Sheet andand
shall be in the form and for the duration, etc. similar to performance security.shall be in the form and for the duration, etc. similar to performance security.
23.23. Signing of Contract AgreementSigning of Contract Agreement
23.1 23.1 The successful bidder shall have to furnish Performance security and additionalThe successful bidder shall have to furnish Performance security and additional
performance security, if any and sign the contract agreement within 15 days of issue ofperformance security, if any and sign the contract agreement within 15 days of issue of
LOA.LOA.
23.223.2 The signing of contract agreement shall be reckoned as intimation to commencement ofThe signing of contract agreement shall be reckoned as intimation to commencement of
work. No separate work order shall be issued by the Employer to the contractor forwork. No separate work order shall be issued by the Employer to the contractor for
commencement of work.commencement of work.
23.3 23.3 In the vent of failure of the successful bidder to submit Performance Security andIn the vent of failure of the successful bidder to submit Performance Security and
additional performance security, if any or sign the Contract Agreement, his EMD shalladditional performance security, if any or sign the Contract Agreement, his EMD shall
stand forfeited without prejudice to the right of the employer for taking action againststand forfeited without prejudice to the right of the employer for taking action against
the bidder. the bidder.
24.24. CORRUPT PRACTICESCORRUPT PRACTICES
The Employer requires that bidders observe the highest standard of ethics during theThe Employer requires that bidders observe the highest standard of ethics during the
procurement and execution of contracts. In pursuance of this policy, the Employer:procurement and execution of contracts. In pursuance of this policy, the Employer:
i.i. may reject the bid for award if it determines that the bidder recommended for awardmay reject the bid for award if it determines that the bidder recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, orhas, directly or through an agent, engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for the Contract; andcoercive practices in competing for the Contract; and
Page 13 of 81
ii.ii. may debar the bidder declaring ineligible, either indefinitely or for a stated period ofmay debar the bidder declaring ineligible, either indefinitely or for a stated period of
time, to participate in bids, if it at any time determines that the bidder has, directly ortime, to participate in bids, if it at any time determines that the bidder has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices inthrough an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for, or in executing, a contract.competing for, or in executing, a contract.
For the purposes of this provision, the terms set forth above are defined as follows:For the purposes of this provision, the terms set forth above are defined as follows:
a.a. “corrupt practice” means the offering, giving, receiving, or soliciting, directly or“corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party;indirectly, anything of value to influence improperly the actions of another party;
b.b. “fraudulent practice” means any act or omission, including a misrepresentation, that“fraudulent practice” means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financialknowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial
or other benefit or to avoid an obligation;or other benefit or to avoid an obligation;
c.c. “coercive practice” means impairing or harming, or threatening to impair or harm,“coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperlydirectly or indirectly, any party or the property of the party to influence improperly
the actions of a party;the actions of a party;
d.d. “collusive practice” means an arrangement between two or more parties designed to“collusive practice” means an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of anotherachieve an improper purpose, including influencing improperly the actions of another
party.party.
[End of ITB][End of ITB]
Page 14 of 81
BID DATA SHEET BID DATA SHEET
General General
Sr.No.Sr.No. ParticularsParticulars DataData
11 Office of theOffice of the OFFICE OF THE COMMISSIONER MUNICIPAL OFFICE OF THE COMMISSIONER MUNICIPAL CORPORATION GWALIORCORPORATION GWALIOR
22 NIT NoNIT No MPGMC/5462/E-tendering/2016-17MPGMC/5462/E-tendering/2016-17
33 Date of NITDate of NIT 12.01.201712.01.2017
44 Bid document submitted in office From Bid document submitted in office From date & timedate & time 31.01.2017 17:3031.01.2017 17:30
Construction of Drain and CC Flooring at Koteswar colony From Ramesh Rajpoot Choraha To Muuni Devi Sharma House To Hardool wali gali Mavira house Road Ward- 10 File No 09/17X3/6
22 Specifications Specifications Annexure-E
33 Procedure for participation in e-tendering Procedure for participation in e-tendering Annexure-F
44
Whether Joint Venture is allowed. Whether Joint Venture is allowed. yes yes
If yes, requirement for Joint Venture If yes, requirement for Joint Venture Annexure-G
99 Pre bid meeting to be heldPre bid meeting to be held no no
if yes, Date, time & Placeif yes, Date, time & PlaceDate ……… Time form …………Place …………
i. FDR :- Earnest Money Deposit in the shape of F.D.R./S.T.D.R./ issued by any Nationalized / Indian Scheduled Bank or any Nationalized / Indian Scheduled Bank of Madhya Pradesh or other States payable at Gwalior (M.P.) in favour of Commissioner,
EMD valid for a period of EMD valid for a period of Six Month or more
FDR must be drawn in favour of FDR must be drawn in favour of COMMISSIONER MUNICIPAL CORPORATION GWALIOR
2121
Letter of Acceptance (LoA)Letter of Acceptance (LoA) As per 'Annexure-L'
2222
Amount of Performance Security Amount of Performance Security 5% of the Contract Amount
Additional Performance Security, if Additional Performance Security, if
anyany
Equal to an amount arrived at, by multiplying the contract amount with difference of percentage between percent rates (below/minus) of successful bid and ten percent (below/minus), considering bid rates less than ten percent below PAC, to be unworkable and shall require additional performance security (guarantee).
Performance Security in the formatPerformance Security in the format As per 'Annexure-M'
Performance Security in favour of Performance Security in favour of COMMISSIONER MUNICIPAL CORPORATION GWALIOR
Performance Security valid up to Performance Security valid up to Valid Contract Period plus 3 months
Page 17 of 81
Annexure – AAnnexure – A
(see Clause 1, 7 of Section 1 –NIT)(see Clause 1, 7 of Section 1 –NIT)
Submission OpenSubmission Open (Envelope-A)(Envelope-A)
-- 01.02.2017 11:00
Envelope-AEnvelope-A
44
TechnicalTechnical Proposal Open Proposal Open
(PQ Envelope-B)(PQ Envelope-B)
-- - -
Envelope-BEnvelope-B
55Financial BidFinancial Bid
Open Envelope-COpen Envelope-C-- 02.02.2017 11:00
Envelope-CEnvelope-C
Note: Original term deposit receipt of earnest money deposit, Payment Receipt of Online Tender Purchasing for the evidence of cost of bid document, affidavit and other necessary bid documents shall be submitted by the bidder so as to reach the office Of The Commissioner, 3rd Floor E-Tender Cell, Shri Narayan Krishna Shejwalakar Prashasanik Bhavan, Nagar Palik Nigam, City Center Gwalior - 474002 (M.P.) as prescribed in bid data sheet, on or before 31.01.2017 17:30 List of Documents so submitted must be uploaded online. Bid no. will be written document, document will be submitted through Speed Post and document must be self attested. for opening of Technical proposal as per Key-Dates in bid data sheet.
Page 18 of 81
Annexure – BAnnexure – B(see Clause-3 of Section 1 – NIT)(see Clause-3 of Section 1 – NIT)
|| AFFIDAVIT |||| AFFIDAVIT ||(to be Contained in Envelope-A)(to be Contained in Envelope-A)
I/we _______________________________________________________ who is/ areI/we _______________________________________________________ who is/ are _______________________ (status in the firm/ company) and competent for submission of the affidavit_______________________ (status in the firm/ company) and competent for submission of the affidavit on behalf of M/S ______________________ (contractor) do solemnly affirm an oath and state that:on behalf of M/S ______________________ (contractor) do solemnly affirm an oath and state that:
I/we am/are fully satisfied for the correctness of the certificates/records submitted in support ofI/we am/are fully satisfied for the correctness of the certificates/records submitted in support of the following information in bid documents which are being submitted in response to notice inviting e-the following information in bid documents which are being submitted in response to notice inviting e-tender No. ______________ for __________________________ (name of work) dated _______ issued bytender No. ______________ for __________________________ (name of work) dated _______ issued by the ________________ (name of the department).the ________________ (name of the department).
I/we are fully responsible for the correctness of following self certified information/ documentsI/we are fully responsible for the correctness of following self certified information/ documents and certificates:and certificates:
1.1. That the self certified information given in the bid document is fully true and authentic.That the self certified information given in the bid document is fully true and authentic.2.2. That:That:
a.a. Term deposit receipt deposited as earnest money, demand draft for cost of bid documentTerm deposit receipt deposited as earnest money, demand draft for cost of bid document and other relevant documents provided by the Bank are authentic.and other relevant documents provided by the Bank are authentic.
b.b. Information regarding financial qualification and annual turn-over is correct.Information regarding financial qualification and annual turn-over is correct.c.c. Information regarding various Technical qualifications is correct.Information regarding various Technical qualifications is correct.
3.3. No close relative of the undersigned and our firm/company is working in the department.No close relative of the undersigned and our firm/company is working in the department.OROR
Following close relatives are working in the department:Following close relatives are working in the department:
Name _______________ Post ____________________ Present Posting ___________Name _______________ Post ____________________ Present Posting ___________
Signature with Seal of the Deponent (bidder)Signature with Seal of the Deponent (bidder)
I/ We, _____________________ above deponent do hereby certify that the facts mentioned inI/ We, _____________________ above deponent do hereby certify that the facts mentioned in above paras 1 to 4 are correct to the best of my knowledge and belief.above paras 1 to 4 are correct to the best of my knowledge and belief.
Verified today _____________ (dated) at ______________ (place).Verified today _____________ (dated) at ______________ (place).
Signature with Seal of the Deponent (bidder)Signature with Seal of the Deponent (bidder)
Page 19 of 81
Annexure – CAnnexure – C(See Clause-5 of Section 1 – NIT)(See Clause-5 of Section 1 – NIT)
i.i. experience of having successfully executed:experience of having successfully executed:
a)a) three similar works, each costing not less than the amount equal to 20% of the probablethree similar works, each costing not less than the amount equal to 20% of the probable
amount of contract during the last 3 financial years; oramount of contract during the last 3 financial years; or
b)b) two similar works each costing not less than the amount equal to 30% of the probabletwo similar works each costing not less than the amount equal to 30% of the probable
amount of contract during the last 3 financial years; or amount of contract during the last 3 financial years; or
c)c) one similar work of aggregate cost not less than the amount equal to 50% of theone similar work of aggregate cost not less than the amount equal to 50% of the
probable amount of contract in any one financial year during the last 3 financial years;probable amount of contract in any one financial year during the last 3 financial years;
ii.ii. Average annual construction turnover on the construction works not less than 50% of theAverage annual construction turnover on the construction works not less than 50% of the
probable amount of contract during the last 3 financial years.probable amount of contract during the last 3 financial years.
iii.iii. Executed similar items of work in any one financial year during the last 3 financial years,Executed similar items of work in any one financial year during the last 3 financial years,
which should not be less than the minimum, physical requirement, if any, fixed for the work.which should not be less than the minimum, physical requirement, if any, fixed for the work.
iv.iv. Bid Capacity – Bidder shall be allotted work up to his available bid capacity which shall beBid Capacity – Bidder shall be allotted work up to his available bid capacity which shall be
worked out as given in format I-2 of Annexure-I worked out as given in format I-2 of Annexure-I
B. Physical B. Physical
Physical qualifications for the work shall be as belowPhysical qualifications for the work shall be as below
(The Employer shall specify all physical qualifications required).(The Employer shall specify all physical qualifications required).
Note: Above criteria are indicative, subject to suitable stipulations by theNote: Above criteria are indicative, subject to suitable stipulations by the
departments and specific Bid.departments and specific Bid.
Page 20 of 81
Annexure – DAnnexure – D(See Clause-6 of Section 1 – NIT)(See Clause-6 of Section 1 – NIT)
SPECIAL ELIGIBILITY CRITERIASPECIAL ELIGIBILITY CRITERIA
The bidder should have experience of: The bidder should have experience of:
A.A. Erection of Steel Gates Erection of Steel Gates - - --------------------
B.B. Construction of tunnel Construction of tunnel - - --------------------
Note: Note: Above criteria are indicative, subject to suitable stipulations by the departments and Above criteria are indicative, subject to suitable stipulations by the departments and specific specific bid.bid.
Page 21 of 81
Annexure – E Annexure – E(See Clause-2 of Section 2-itb & Clause 10 of GCC)(See Clause-2 of Section 2-itb & Clause 10 of GCC)
SpecificationsSpecifications
1.1. MP………………….. DEPARTMENT Specifications. MP………………….. DEPARTMENT Specifications.
2.2. MORTH MORTH
3.3. IRCIRC
The provisions of general / special conditions of contract, those specified elsewhere in the bid document,The provisions of general / special conditions of contract, those specified elsewhere in the bid document,
as well as execution drawings and notes, or other specifications issued in writing by the Employer shallas well as execution drawings and notes, or other specifications issued in writing by the Employer shall
form part of the technical specifications of this work.form part of the technical specifications of this work.
Page 22 of 81
Annexure – FAnnexure – F(See Clause-3 of Section 2 – ITB)(See Clause-3 of Section 2 – ITB)
PROCEDURE FOR PARTISIPATION IN E-TENDERINGPROCEDURE FOR PARTISIPATION IN E-TENDERING
1.1. Registration of Bidders on E-Tendering System:Registration of Bidders on E-Tendering System:
All the PWD Registered Bidders are already registered on the new e-Procurement portalAll the PWD Registered Bidders are already registered on the new e-Procurement portal
http://mpeproc.gov.inhttp://mpeproc.gov.in the user ID will be the contractor ID provided to them from MP online. The the user ID will be the contractor ID provided to them from MP online. The
password for the new portal has been sent to the bidders registered e-mail ID. For more details maypassword for the new portal has been sent to the bidders registered e-mail ID. For more details may
contract M/s tata Consultancy services Corporate Block, 5contract M/s tata Consultancy services Corporate Block, 5 thth Floor, DB City, Bhopal-462011 email ID: Floor, DB City, Bhopal-462011 email ID:
The Bids submitted online should be signed electronically with a Class III Digital Certificate toThe Bids submitted online should be signed electronically with a Class III Digital Certificate to
establish the identity of the Bidder submitting the Bid online. The Bidders may obtain Class III Digitalestablish the identity of the Bidder submitting the Bid online. The Bidders may obtain Class III Digital
Certificates issued by an approved Certifying Authority authorized by the Controller of CertifyingCertificates issued by an approved Certifying Authority authorized by the Controller of Certifying
Authorities, Government of India.Authorities, Government of India.
A Class III Digital Certificate is issued upon receipt of mandatory identity proofs along with anA Class III Digital Certificate is issued upon receipt of mandatory identity proofs along with an
Application. Only upon the receipt of the required documents, a Digital Certificate can be issued. ForApplication. Only upon the receipt of the required documents, a Digital Certificate can be issued. For
1.1. It may take upto 7 working days for issuance of Class III Digital Certificate, hence the bidders areIt may take upto 7 working days for issuance of Class III Digital Certificate, hence the bidders are
advised to obtain the certificate at the earliest. Thous bidder hwo alraidy have vellid class IIIadvised to obtain the certificate at the earliest. Thous bidder hwo alraidy have vellid class III
Digital certificate need note obtain another Digital Certificate for the same. The bidders mayDigital certificate need note obtain another Digital Certificate for the same. The bidders may
obtain more information and the application form required to be submitted for the issuance ofobtain more information and the application form required to be submitted for the issuance of
Digital Certificate form cca.gov.in.Digital Certificate form cca.gov.in.
2.2. Bid can be submitted till bid submission end date. Bidder will require Digital Signature While bidBid can be submitted till bid submission end date. Bidder will require Digital Signature While bid
The digital certificate issued to the Authorized User of a Partnership firm / Private LimitedThe digital certificate issued to the Authorized User of a Partnership firm / Private Limited
Company / Public Limited Company and used for online bidding will be considered as equivalentCompany / Public Limited Company and used for online bidding will be considered as equivalent
to a no-objection certificate / power of attorney to that user.to a no-objection certificate / power of attorney to that user.
In case of Partnership Firm, majority of the Partners have to authorize a specific individualIn case of Partnership Firm, majority of the Partners have to authorize a specific individual
through Authority Letter signed by majority of the Partners of the firm.through Authority Letter signed by majority of the Partners of the firm.
In case of Private Limited Company, Public Limited Company, the Managing Director has toIn case of Private Limited Company, Public Limited Company, the Managing Director has to
authorized a specific individual through authority letter. Unless the certificate is revoked, it willauthorized a specific individual through authority letter. Unless the certificate is revoked, it will
be assumed to represent adequate authority of the specific individual to bid on behalf of thebe assumed to represent adequate authority of the specific individual to bid on behalf of the
Organization for online bids as per Information Technology Act 2000. This Authorized User will beOrganization for online bids as per Information Technology Act 2000. This Authorized User will be
required to obtain a Digital Certificate. The Digital Signature executed through the use of Digitalrequired to obtain a Digital Certificate. The Digital Signature executed through the use of Digital
Certificate of this Authorized User will be binding on the firm. It shall be the responsibility ofCertificate of this Authorized User will be binding on the firm. It shall be the responsibility of
Management / Partners of the concerned firm to inform the Certifying Authority, if theManagement / Partners of the concerned firm to inform the Certifying Authority, if the
Authorized User changes, and apply for a fresh digital certificate for the new Authorized User.Authorized User changes, and apply for a fresh digital certificate for the new Authorized User.
3.3. Set Up of Bidders’ Computer System:Set Up of Bidders’ Computer System:
In order for a Bidder to operate on the e-tendering System, the Computer System of the Bidder isIn order for a Bidder to operate on the e-tendering System, the Computer System of the Bidder is
required to be set up for Operating System, Internet Connectivity, Utilities, Fonts, etc. the detailsrequired to be set up for Operating System, Internet Connectivity, Utilities, Fonts, etc. the details
are available at are available at http://www.mpeproc.gov.inhttp://www.mpeproc.gov.in
4.4. Key Dates:Key Dates:
The Bidders are strictly advised to follow the time schedule (Key Dates) of the bid on their side forThe Bidders are strictly advised to follow the time schedule (Key Dates) of the bid on their side for
tasks and responsibilities to participate in the bid, as all the stages of each bid are locked before thetasks and responsibilities to participate in the bid, as all the stages of each bid are locked before the
start time and date and after the end time and date for the relevant stage of the bid as set by thestart time and date and after the end time and date for the relevant stage of the bid as set by the
concerned Department Official.concerned Department Official.
5.5. Preparation and Submission of Bids:Preparation and Submission of Bids:
The Bidders have to prepare their Bids online, encrypt their Bid Data in the Bid Forms and submit BidThe Bidders have to prepare their Bids online, encrypt their Bid Data in the Bid Forms and submit Bid
of all the envelopes and documents required to be uploaded related to the Tender as per the timeof all the envelopes and documents required to be uploaded related to the Tender as per the time
schedule mentioned in the key dates of the Notice Inviting Tenders after signing of the same by theschedule mentioned in the key dates of the Notice Inviting Tenders after signing of the same by the
Digital Signature of their authorized representative.Digital Signature of their authorized representative.
6.6. Purchase of bid Documents:Purchase of bid Documents:
For purchasing of the bid document bidders have to pay service charge online only. Which is Rs. (asFor purchasing of the bid document bidders have to pay service charge online only. Which is Rs. (as
per bid data sheet) cost of bid document is separately maintained in the detail NIT. The bid documentper bid data sheet) cost of bid document is separately maintained in the detail NIT. The bid document
shall be available for purchase to concerned eligible bidder immediately after online release of theshall be available for purchase to concerned eligible bidder immediately after online release of the
bid and upto scheduled date and time as set in the key dates. The payments for the cost of bidbid and upto scheduled date and time as set in the key dates. The payments for the cost of bid
document shall be made online through Dedit/Credit Card / Net-Banking or NEFT Challan Throughdocument shall be made online through Dedit/Credit Card / Net-Banking or NEFT Challan Through
the payment gateway provided on the portal.the payment gateway provided on the portal.
7.7. Withdrawal Substitution and Modification of Bids:Withdrawal Substitution and Modification of Bids:
Bidder can withdraw and modify the bid till bid submission end date.Bidder can withdraw and modify the bid till bid submission end date.
Page 25 of 81
Annexure – GAnnexure – G(See Clause-4 of Section 2 – ITB)(See Clause-4 of Section 2 – ITB)
JOINT VENTURE (J.V.)JOINT VENTURE (J.V.)
IIf Jf J..VV. . is is aalllloowwed fed foolllloowiwinng g ccononddiittionions s aannd d requrequiirreemmenentts s mmusust be t be fufullffiilllleed:d:1.1. Number of partners in a Joint Venture shall not exceed 3 (three). The partner shall comply with the followingNumber of partners in a Joint Venture shall not exceed 3 (three). The partner shall comply with the following
requirements:requirements:a.a. One of the partners shall be nominated as being Lead Partner, and this authorization shall be evidenced byOne of the partners shall be nominated as being Lead Partner, and this authorization shall be evidenced by
submitting a power of attomey signed by legally authorized signatories of all the partners.submitting a power of attomey signed by legally authorized signatories of all the partners.b.b. The bid and, in case of successful bid, the Agreement, shall be signed so as to be legally binding on all partners.The bid and, in case of successful bid, the Agreement, shall be signed so as to be legally binding on all partners.c.c. The partner in change shall be authorized to incur liabilities and receive instructions for and on behalf of any and allThe partner in change shall be authorized to incur liabilities and receive instructions for and on behalf of any and all
partners of the joint venture and the entire execution of the contract, including payment shall be done exclusivelypartners of the joint venture and the entire execution of the contract, including payment shall be done exclusively with the partner in charge.with the partner in charge.
d.d. All the partners of the joint venture shall be liable jointly and severally for the excuation of the contract inAll the partners of the joint venture shall be liable jointly and severally for the excuation of the contract in accordance with the contract terms, and a statement to this effect shall be included in the authorizationaccordance with the contract terms, and a statement to this effect shall be included in the authorization mentioned under {C} above as well as in the bid and in the agreement [In case of successful bid];mentioned under {C} above as well as in the bid and in the agreement [In case of successful bid];
e.e. The Joint Venture agreement should indicate precisely the role and responsibilities f all the members of JVThe Joint Venture agreement should indicate precisely the role and responsibilities f all the members of JV in respect of planning, design, construction, equipment, key personal, work execution, and financing of thein respect of planning, design, construction, equipment, key personal, work execution, and financing of the project including operation and maintenance of the works, all members of JV should have activeproject including operation and maintenance of the works, all members of JV should have active participation without prior approval of the employer.participation without prior approval of the employer.
f.f. The joint venture agreement should be registered so as to be legally valid and binding on all partners.The joint venture agreement should be registered so as to be legally valid and binding on all partners.g.g. A copy of the Joint Venture Agreement entered into by the partner shall be submitted with the bid. A copy of the Joint Venture Agreement entered into by the partner shall be submitted with the bid.2.2. All the partners should meet out the minimum qualifying criteria required for the bid and collectively mustAll the partners should meet out the minimum qualifying criteria required for the bid and collectively must
meet the criteria specified in full. Failure to comply with this requirement will result in rejection of the jointmeet the criteria specified in full. Failure to comply with this requirement will result in rejection of the joint venture’s bid.venture’s bid.
3.3. The performance security of joint venture shall be in the name of the partner Lead partner/joint venture.The performance security of joint venture shall be in the name of the partner Lead partner/joint venture.4.4. Attach the power of attomey of the partners authorization the bid signatory(les) on behalf of the jointAttach the power of attomey of the partners authorization the bid signatory(les) on behalf of the joint
venture.venture.5.5. An individual bidder cannot at the same time be member of a joint venture applying for this bid further aAn individual bidder cannot at the same time be member of a joint venture applying for this bid further a
member of a particular bidder joint venture cannot be member of any other joint venture applying for thismember of a particular bidder joint venture cannot be member of any other joint venture applying for this bid.bid.
6.6. Furnish details of participation proposed in the joint venture as below.Furnish details of participation proposed in the joint venture as below.
DETDETAAIILS LS OOF F PAPARTRTIICCIPIPAATIOTION N IIN N TTHE JOHE JOIINNT T VVEENNTTUURE RE
(give details on contribution of each)(give details on contribution of each)
Page 26 of 81
7.7. The partners of J.V. should satisfy the qualification criteria as below.The partners of J.V. should satisfy the qualification criteria as below.a.a. The Lead partner must meet at least 50 % requirement o f technical and financial eligibility criteriaThe Lead partner must meet at least 50 % requirement o f technical and financial eligibility criteria
required for the bid.required for the bid.b.b. The other partner (s) must meet at least 25 % requirement of technical and financial eligibility The other partner (s) must meet at least 25 % requirement of technical and financial eligibility
criteria required for the bid.criteria required for the bid.c.c. The Lead partner and the other partners should together meet 100 % f all the eligibility criteria The Lead partner and the other partners should together meet 100 % f all the eligibility criteria
required for the bid.required for the bid.8.8. For the meeting the minimum qualification criteria of experience of similar nature work, every partnerFor the meeting the minimum qualification criteria of experience of similar nature work, every partner
can have experience of different works as defined in similar nature works and together should have can have experience of different works as defined in similar nature works and together should have the experience of all type of works described in similar nature works.the experience of all type of works described in similar nature works.
Page 27 of 81
Annexure – HAnnexure – H(See Clause-12 of Section 2 – ITB & Clause 4 of GCC)(See Clause-12 of Section 2 – ITB & Clause 4 of GCC)
ORGANIZATIONAL DETAILS(To be contained in Envelope-A)
S.No. Particulars Details
Registration number issued by Centralized Registration System of Govt. of M.P. or Proof of application for registration.
(if applicable scanned copy of proof of application for registration to the uploaded)
Valid Registration of bidder in appropriate class through Centralized Registration of Govt. of MP
Registration No. ________________ Date_________(Scanned copy of Registration to be uploaded)
Name of Organization/Individual/ ProprietaryFirm/ Partnership FirmEntity of Organization Individual/ Proprietary Firm/ Partnership Firm Registered under Partnership Act)/ Limited Company, (Registered under the Companies Act-1956)/ Corporation/ Joint VentureAddress of Communication
Telephone Number with STD Code
Fax Number with STD Code
Mobile Number
E-mail Address for all communicationsDetails of Authorized Representative
Name
Designation
Postal Address
Telephone Number with STD Code
Fax Number with STD Code
Mobile Number
E-mail Address
Note: In case of partnership firm and limited company certified copy of partnership deed/ Articles of Association and Memorandum of Association along with registration certificate of the company shall have to be enclosed.
Signature of Bidder with Seal Date: _
Page 28 of 81
Annexure – IAnnexure – I(See Clause-14 of Section 2 – ITB )(See Clause-14 of Section 2 – ITB )
1.1. TTeechnical Pchnical Prroposoposaal sl shhoouuld ld be be upuploloaaded dulded duly y ppagage e nunummbered bered anand inded indexxeded. . 2.2. TTeechnical Proposal uplchnical Proposal uploaoaded otherwise will not bded otherwise will not be e consideredconsidered. .
A. A. Financial Financial Requirement:Requirement:
TThe biddhe bidder er shoulshould d have complehave completted eed eiittheher r of of ththe belowe below: :
a)a) tthree simhree simiilar lar works works each ceach cosostiting ng not lenot less ss ththaan n tthhe amoue amount nt eeqquuaal to 20l to 20% % of the of the pprobrobaable amounble amount t of contof contraracct dt dururiinng g ththe e lalasst t 3 3 finfinaancnciial years; oal years; or r
b)b) ttwwo similao similar r workworks s eeach coach coststining g not lenot less ss ththaan the n the aamount equmount equaal l to to 3300% % of thof the e pprobrobaabblle e aamounmount t of controf contraact ct dduring the luring the lasast t 3 3 ffiinancinanciaal l yyeeaarrss; or ; or
c)c) oonne e similar similar wworork k of aof aggggrregaegatte ce coost st nonot t lless ess ththaan thn the e aammoount unt eequaqual l to 50to 50% % of thof the e pprorobbabablle e amamoouunnt t oof f ccoonntrtracact t in in aannyyonone fe fininancanciiaal l yeayear dr duurriinng g the lthe lasast t 3 3 financifinanciaal l yeayearrss; ;
To be filled in by the contractor:To be filled in by the contractor:
i.i. Details of successfully completed similar works shall be furnished in the following format.Details of successfully completed similar works shall be furnished in the following format.ii.ii. Certificate duly signed by the employer shall also be enclosed for each completed similar work.Certificate duly signed by the employer shall also be enclosed for each completed similar work.
AgreementAgreement Number & YearNumber & Year
Name ofName of WorkWork
Date ofDate of WorkWork OrderOrder
Date ofDate of CompletionCompletion
Amount ofAmount of ContractContract
Employer'sEmployer's Name andName and
AddressAddress
II IIII IIIIII IVIV VV VIVI
Existing commitments - (Value of 'C' for Bid Capacity formula)Existing commitments - (Value of 'C' for Bid Capacity formula)
EExxececution of ution of ssimilar iimilar ittemems of s of wwork in anyork in anyonone e finfinaanncciial al yyeaear r duridurinng g the lathe lasst t 3 3 finfinaancnciaiall yea years rs sshhoould uld nonot be t be lless than the mess than the miniinimmuum m phyphysical sical rrequequirireemmeent nt ffiixxeed fd for or tthhe we woork rk
S. No.S. No. ParticularsParticulars Actual Quantity Executed Actual Quantity Executed
(To be filled in by the contractor)(To be filled in by the contractor)
Year – 1Year – 1 Year – 2Year – 2 Year – 3Year – 3
NoNottee: : 11. . CCeertrtiiffiiccaate te dduuly ly sigsignned by ted by thhe e ememplployeoyer r shalshall l be be eenclosncloseed for td for thhe ae accttuuaal l qquauantity ntity eexecuted ixecuted in an anyonyonne year during the year during the e llast ast 3 3 ffiinananncciial al yyeears. ars.
2. Simi2. Simillaar worr works: The sks: The siimmiilalarrity shaity shalll be l be bbased on tased on thhe pe phhyyssicicaal size, compl size, compllexexitityy, , metmethohodsds tectechhnonollogy ogy oorr..othotheer r chacharraaccteteriristics of main stics of main iitems of work viztems of work viz. . eaearrtth woh worrk, cek, cemmeent concrnt concrete,ete, Reinforced cement concrete, brick masonry, stone masonry etc. Reinforced cement concrete, brick masonry, stone masonry etc.
(See Clause-14 of Section 2 – ITB )(See Clause-14 of Section 2 – ITB )
ANNUAL TURN OVERANNUAL TURN OVER
Requirement:Requirement:
AvAveerraagge annual cone annual consstructtructiion ton tuurnornovever on the conr on the consstrutrucctitioon n wworkorks s nonot t lless than 50ess than 50% % of thof thee proprobababblle ame amount ount oof cf coonntract durtract durining g ththe e last last 5 f5 fiinnaancnciaial l yeyearars; s;
To be filled in by the contractor:To be filled in by the contractor:
Financial YearFinancial Year Payments received for contracts in progress orPayments received for contracts in progress or completedcompleted
NoteNote: : ii. . Annual turnover of cAnnual turnover of consonstrutruccttiion on sshhooululd d be certbe certiifified bed by y tthhe e CharteCharterreed Accountd Accountaantnt. . iiii. . Audited balance Audited balance sheet isheet inncludcludining ag alll l rreellaatteed nd nootetess, , aannd d iinncocomme e sstatatteements for thments for the above above e
ffinancioinanciottvvears ears to be to be eennclclososeedd. .
Bid CBid Capacity apacity
AApppplicants licants who mwho meeeet tht the e minimum quminimum quaalliiffyying ing ccrriiteriteria a iin n tthhe e evaevalluation uation aas s ssttaatted ed
aabobove ve aare re to bto be eve evaalluuatated ed ffuurrththeer for for bir bid d ccapapaacciitty ay as s uundndeer: r:
Bid CapacBid Capaciitty = y = ((11..5 A X B5 A X B) - C) - CWheWherre e
1 1 A = A = MMaxaxiimmuum vm vaallue ue oof f cciivviil l eenngginineeeerring ing wwoorrkks s exexeeccuteuted d in anyone in anyone yyeear duar durinring g
ththe e llaasst five yt five yeaear r (1(100% % wweeiighghttaagge e ppeer r yyeeaar r sshhaall be ll be ggiviveen to brinn to bring thg the vae valluue e
of of wworork ek exxececuutteed ad at t prpreessent pricent price e lleevevel) l)
B = B = PropoPropossed conted contraract ct ppeeriod iriod in n yyeeararss. .
C =C = AmAmooununt t oof f woworrk k in hin haand at presennd at presentt. . Page 32 of 81
Annexure - I (Format: I -3)Annexure - I (Format: I -3)((See clause 14 of Section 2 –ITB & Clause 6 of GCCSee clause 14 of Section 2 –ITB & Clause 6 of GCC))
List of Technical Personnel for the Key PositionsList of Technical Personnel for the Key Positions11
S.S. NNo.o.
KeyKey PositiPositi
ononMinimum requirementMinimum requirement Available with the bidderAvailable with the bidder
1. Aforesaid personnel shall be deployed within the period starting from the date 1. Aforesaid personnel shall be deployed within the period starting from the date of award of contract as stipulated in the contract.of award of contract as stipulated in the contract.
2. Approval of the superintending engineer about suitability of personnel shall be 2. Approval of the superintending engineer about suitability of personnel shall be obtained before deployment.obtained before deployment.
1 Section 2 – Annexure I (Format I-3)Page 33 of 81
Annexure I (Format: I -4)Annexure I (Format: I -4)((See clause 14 of Section 2 -ITBSee clause 14 of Section 2 -ITB))
List of Key Equipments/ Machines for Quality Control LabsList of Key Equipments/ Machines for Quality Control Labs
Minimum requirementMinimum requirement
S.S.NoNo
..
Name of Equipment/ MachineryName of Equipment/ Machinery Quantity for works costing Quantity for works costing QuantityQuantity AvailableAvailable with thewith the BidderBidder
RemarksRemarks
UptoUpto Rs 5 Cr Rs 5 Cr
From RsFrom Rs 5 Cr to5 Cr to 20 Cr20 Cr
AboveAbove Rs 20 CrRs 20 Cr
Note: Intention to procure/lease the equipement should be accompanied by documents to the effect. The nature ofNote: Intention to procure/lease the equipement should be accompanied by documents to the effect. The nature of documents could be any one of the under:documents could be any one of the under:
i)i) Order to the manufacturer of the plant and equipment’s.Order to the manufacturer of the plant and equipment’s.ii)ii) Confirmation from the manufacturer.Confirmation from the manufacturer.iii)iii) Proof of payments in full or part.Proof of payments in full or part.iv)iv) Agreement to lease the equipment.Agreement to lease the equipment.
Page 34 of 81
22Annexure - I (Format: I -5)Annexure - I (Format: I -5)((See clause 14 of Section 2 -ITBSee clause 14 of Section 2 -ITB))
List of Key Equipments/ Machines for Construction WorkList of Key Equipments/ Machines for Construction Work (Road)(Road)
Minimum requirementMinimum requirement
S. No.S. No. Name of Equipment/Name of Equipment/ MachineryMachinery
QuantityQuantity Required with the Required with the bidder for works costing bidder for works costing
QuantityQuantity
AvailableAvailable with thewith the bidderbidder
RemarksRemarks
Upto Rs 5Upto Rs 5 Cr Cr
From Rs 5From Rs 5 Cr to 20 CrCr to 20 Cr
Above RsAbove Rs 20 Cr20 Cr
Note: Intention to procure/lease the plants and machinery should be accompanied by documents to the effect. The Note: Intention to procure/lease the plants and machinery should be accompanied by documents to the effect. The nature of documents could be any one of the under:nature of documents could be any one of the under:
i)i) Order to the manufacturer of the plant and equipment’s.Order to the manufacturer of the plant and equipment’s.ii)ii) Confirmation from the manufacturer.Confirmation from the manufacturer.iii)iii) Proof of payments in full or part.Proof of payments in full or part.iv)iv) Agreement to lease the equipment.Agreement to lease the equipment.
2 Section 2 – Annexure I (Format I-5)Page 35 of 81
`̀Annexure – JAnnexure – J(See Clause-14 of Section 2 – ITB)(See Clause-14 of Section 2 – ITB)
FINANCIAL BID FINANCIAL BID
(To be contained in Envelop-C)(To be contained in Envelop-C)
NAME OF WORK :-NAME OF WORK :-
I/WI/We e hheereby bid for threby bid for the exe execution of the ecution of the aabobove wve worork wk within the timithin the time se specified at thpecified at the re raatete ………......................………(in f………......................………(in figures)……………………………………………….. (in igures)……………………………………………….. (in wwords)ords) percent below/ above opercent below/ above or r aat pt par baar basesed on the Bill od on the Bill of f QuQuaantitintities aes and nd iitteem wim wise se rraattees gives given thern thereein inin in all rall reespectspects as annd d iin n accordance with the spaccordance with the spececificificaatitiononss, , ddesesignsigns, , drawindrawinggs s and inand insstructions intructions in writinwriting g iin n all all resrespepecctts is in n aaccordanccordance wce wiith th ssuucch h condicondittioions ns sso o ffar ar aas as apppplicalicabblele. I/. I/WWe have ve have viissiitteedd tthhe e ssitite e oof f worwork ak and ami arnd ami are e fullfully ay awwaarre e oof f aall thll the e ddiifficulfficultities es aand nd cocondindittionions s lilikekely to affly to affeectct carryicarryinng og out thut the woe worrkk. . II//We hWe have fuave fulllly y aaccququaaiintented d mmyselfyself//ouroursesellvves es aabout thbout the e ccoonditions in rnditions in regardegard tto aco accceessssibibiilitlity y of of sisite te aand nd quarriquarriees/kilns/kilnss, nat, natuure and re and tthhe exe exttent oent of f grgroouundnd, , worworkikinng g cocondndiittiiononss including stacincluding stackiking of ng of mamatteerriiaallss, , insinstalltallaation of ttion of tools ools aand plant conditions nd plant conditions eeffffectectiningg aaccommodccommodaation tion aand mond movveemenment t of laof labobouur etc. requir etc. requirered d for for ththe e ssaatisfactotisfactorry ey exxecutecution ion of cof contontrraactct. .
ShShoould thiuld this s bibid d bbe ace accceepptteedd, , II/W/We heree herebby y aagrgree ee to to aabide bbide by y and fulfill all the and fulfill all the tetermrms s aannd provid provissiioons of thns of the sae said id coconndidittioionns s of coof contracntract at annnenexxeed d herhereetto so so o fafar r as applias applicacableble, , or or iin n dedeffault theault therereoof f to fto fororffeeit it aannd pay to thd pay to the Ge Govovernernoor r oof f MMaadhydhya a PPrradeadesh or hsh or hiis succs successoessorrs s iin n oofffice the fice the ss~~ms of monems of money y mmeennttiiooned in ned in tthe said condhe said condiititioons. ns. NoNotte: e: i.i. OnlOnly y one rone raatte e of pof percentage aercentage abbove ove or bor beellow or aow or at t par par babasesed d oon the n the BBiill of Qll of Quantuantiittiies es andand
item wisitem wise e ratrates gies givveen thn theerreein shall be quotin shall be quoteded. . j.j. iiii. . PPerercceentagntage e shshaall ll be qbe quuootted in fed in fiiggurures aes as s wewell ll aas s iin n wworordds. s. If If aanny y diffdiffereerennce ce iin fn fiigugurres es
anand wd wordords s is fis foouund nd lloowewer r of of tthe he ttwwo o sshahalll bl be takee taken n as vaas valilid d and correand correcct t rate. rate. IIf tf thhe e biddbiddeer is not rr is not reeaady to ady to acccecept pt ssuucch valid h valid aand nd ccorrorrecect t rrate ate aand dend decclines to fulines to furnrnisish h performance performance ssececururitity y aand nd ssiiggn the an the aggreement hireement his es earnearnesst money deposit t money deposit sshahalll bl be e forfforfeeited. ited.
k.k. iiii. ii. In cIn caase thse the e ppeercrcenenttage "age "aabove" bove" ar ar ""bbeeloloww" i" is nos not t givegiven by n by a a bidderbidder, , hihis s bid bid sshhall all bbe e trtreeated as non-reated as non-ressponponssiivvee. . 1 1
l.l. iviv. . All dutiesAll duties, , tataxexess, , and otand othher er llevieviees s papayyablable by te by thhe be biiddddeer r sshall be includehall be included in td in thhe e pperceercentntaagge e qquouotted bed by y the bidderthe bidder. .
Signature of Bidder Signature of Bidder Name oName of f BiBidddeder r
ThThe e abovabove be biid is herd is herebeby accepy acceptted ed bby y mme e on on bbeehhaallf of of f ththe e GoveGoverrnor of nor of MaMaddhyhya a PPrradesh dadesh daatteed d ththe………….. e………….. dday oay of ………………….. 20 Sf ………………….. 20 Siignature ognature of f OOffficer bficer by y wwhhom om aaccecceptpted ed
Page 36 of 81
Annexure – KAnnexure – K(See Clause-15 of Section 2 – ITB)(See Clause-15 of Section 2 – ITB)
MATERIALS TO BE MATERIALS TO BE IISSUESSUED D BY THE DEBY THE DEPPARTMENTARTMENT
S.S.nnoo Name of mName of matateriaeriall RatRate e (Issue ra(Issue ratte)e) UUnniitt RReemmararkkss
Page 37 of 81
Annexure – LAnnexure – L(See Clause-21 of Section 2 – ITB)(See Clause-21 of Section 2 – ITB)
(Name a(Name and nd addreaddress ss of of tthe cohe conntrtraactorctor) )
SubjecSubjectt: : ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------(Na(Namme of e of ththe work ae work as s appeaappeariring ng in in tthe bihe bid for td for thhe e work) work)
************
DeaDear r SSir ir ((ss), ),
YoYouur r bid for thbid for the woe worrk mek mentintioonneed d aabovbove e hhas as bbeeeen n acaccceeptpteed on bd on beehhaalf of the lf of the GoveGovernrnoorr oof f MaMadhdhya ya PrPraadedessh h aat t yoyour ur bbiideded d pepercrceentntage …………..age …………..bbeellow/ aow/ abobovve e oor r aat pt paar thr the e BiBilll l ofof QQuuaantitintities aes and nd iitteem m wise ratewise rates gs giveiven n thetherreieinn. .
YYou ou aare re requrequesestteed td to o ssubmit ubmit wwithin 15 (ithin 15 (FiFiffteeteenn) ) dadays ys from the dfrom the daatte e oof f issuissue e of thiof thiss lleettertter: :
a.a. TThhe pee perrformance formance secsecuuriritty/ y/ peperrformaformannce gce guuararaantnteee e of of RRss. …………… . …………… ((inin ffiguresigures) ) (Ru(Ruppeeees …………………………………………………….ins …………………………………………………….in wwordordss only). only). TThhe e pperformerformaancnce sece secuurriitty y shshaalll bl be in e in ththe se shape ohape of tf teerrm dm depepoossit rit receeceiiptpt bbaannk guk guararaantntee ee oof af anny nay nattionaionalilizzed ed / sc/ schheedduulle coe commmmeerrcciiaal l babank vnk vaalliid up d up toto tthhrreee e monthmonths afs aftteer tr the expihe expirry of defy of defeectcts s liliaabilitbility py peeririoodd..
b.b. SSiiggn thn the coe conntrtracact t agagrreeemeemenntt. .
PPllease note that thease note that the e titimme allowed for carryine allowed for carrying g out out tthe work as entered in thhe work as entered in the be bid iid iss _____ months in_____ months incclluuddinging/ / excexclludiudinng rg rainy seaainy seasosonn, , sshhalall be recl be reckkoned frooned from m the dthe date of ate of sisiggning thening the contract agrecontract agreeemmeennt. t.
SSigignniinng g ththe coe connttrraacct at aggreemreemeent nt sshhaall ll be rbe receckkooned ned aas is intimntimaatition on to commto commeencncement ement ooff work and no separate letter fowork and no separate letter for r cocommmencement of work is mencement of work is rerequiredquired. . ThereTherefforeore, a, aftfteer r ssiiggnniinng of g of ththee agreagreememeentnt, , yoyou u aarre die dirreectcteed d to coto contntacact the Et the Engngineineeer-in-r-in-cchhaarge forge for r tataking king ththe e possession of site andpossession of site and necesnecesssaary ry ininstrstructiuctioonns s to start to start tthhe e wwoorrkk. .
Annexure – MAnnexure – M(See Clause-22 of Section 2 – ITB)(See Clause-22 of Section 2 – ITB)
PERFORPERFORMMANCE SECURIANCE SECURITTYYTTo o
CHIEF MUNICIPLA OFFICERCHIEF MUNICIPLA OFFICER
WWHEREAS …………………………………[nHEREAS …………………………………[naamme ae annd ad addrddresess s oof f ConContrtraactor]ctor] ((HHereereininaafftteer car callled "led "tthhe e CCoontrntractactoorr") h") haas s undundererttakakeenn, i, in n pupurrssuuaancnce e of of LLeetttteer of Ar of Acccceeptptance Noance No.. ……………..……………..datdated ………………… ted ………………… to o executeexecute …………………………………………………………………………….. …………………………………………………………………………….. [name of Contract a[name of Contract andnd bbrriief deef desscriptcriptiion oon of f WWoorks] (rks] (hhereinaereinafftter er ccaalllled ed ""tthe Contract")he Contract"). .
AND WAND WHEREHEREAS it hAS it has as bbeen een ssttiippululaated bted by y you in tyou in the he said said CControntraacct that that tt thehe Contractor shContractor shalall l ffuurrnniissh h yyou ou wiwith a th a BBanank k GGuuarantearantee by a e by a rrececoognized bank fognized bank for r tthe she suum m ssppececififiieedd ttheherrein ein as sas secuecuritrity for y for ccompomplliianancce wite with h hhiis s oobligbligaattiion on iin an accccoorrdancdance e wwiith th the Contthe Contrraacctt; ;
AANDND W WHEREHEREAS wAS we e hhave agrave agreeed ted to go give tive thhe e CCoonnttrracacttor such a Baor such a Bank nk GGuuaarranteeantee: : NNOOW W THEREFORE THEREFORE we we hheerreby eby aaffiffirm rm tthat hat we awe arre e ththe e GuGuaranaranttor aor and rnd resesponponssibliblee
to you to you oon n bebehhaallf of f of ththe e ConConttrraactorctor, u, up tp to a o a ttotaotal l of ………………………of ………………………[[aammouount nt of gof guuaraaranntetee]e]** ………………………………………………………….(i………………………………………………………….(in n wwords)ords), , sucsucb b ssum bum beeiing ng ppayablayable e in thin thee ttypypes es aand nd pprropooporrttiions of ons of ccuurrrreenncciies ies in n wwhich thich the he ConContract Prictract Price e iis s payabpayablle, ane, and d we we uundenderrtaktake te too ppaay yy youou, , upon youpon youur fr fiirrsst wt wrritittteen dn deemanmand d aannd wd wiithothout ut cavcavil il or or aarrggumenumentt, , anany y susum m oor r susumms ws withithiinn tthhe e limilimitts of ……………………………… [s of ……………………………… [aamoumounnt of guarant of guaranttee] ee] as as aafoforesaid wresaid without yourithout your nneeeeddiinng g tto po prroove ove or to r to sshow how ggrrounounds ds oor rr reeasasoons ns for your demfor your demaand for the nd for the ssum um ssppeciecified thereinfied therein. .
WWe he herebereby y wawaiive thve the e nneececessssiity ty of of your dyour deemandimandinng g the the ssaiaid ded debt fbt from rom ththee ccononttrracacttor before or before ppreseresentnting ing us us witwith h tthhe e demdemandand..
We furthWe furtheer agr agrree tee thhaat t no chano channgge e or addor addition to ition to or oor ottheher modr modiification ofication of f ththe e tteerrmmss of of tthhe Coe Connttrracact of the Wot of the Worrkks s to to be perfobe perforrmmeed d ththeerre ue unndeder or r or of aof anny of the y of the ContraContracct dot doccumumeentsnts whiwhicch h mamay y bbe me maade de bbetween yetween yoou u aannd td thhe e CCoontntraractctor or sshhaall ill in any n any wway ray reelleeasase e uus s ffrrom om aanny y liliababiliilityty ununder der tthhiis s gguuaarraanteentee, , anand d we we hheerreby waieby waive ve ~~llOOtticice of any se of any suuch ch chchanangge, ade, adddiittiion oon or r modimodifificcaattiionon. .
TThhiis gs guuararaantntee ee shshaalll l bbe ve vaalliid ud untntil 3 (thril 3 (threee) mone) monthths from the date of es from the date of exxpiry opiry of tf thhee DDeefefect Lct Liiaabbiilliitty y PPerierioodd. .
SiSignaturegnature, , NaNamme ae and nd SeaSeal l oof thf the e guguararananttoor …………………………………r …………………………………Name of BaName of Bannk ………………………………………………………………..k ………………………………………………………………..AAddddresress ……………………………………………………………………….s ……………………………………………………………………….Phone NoPhone No.., , FFaax x NoNo., ., E-E-mail Addresmail Addresss, of , of SigSigning Aning Authuthority ………………ority ………………DatDate ………………………………….e ………………………………….
AAn amn amoount shalunt shall l be insertbe inserteed d by by tthhe e GGuauarrantoantorr, re, repprreessenenttining g the percentathe percentagge the Contracte the Contract PPrriicce se sppececifieified id in n the Cothe Conntract tract iincluding additionancluding additional l secsecururitity y for unbafor unballaannced Bidsced Bids, , iif any andf any and
Page 39 of 81
dedenominominnated in Iated in Indndiiaan Run Ruppeeees.s.SECTION 3SECTION 3
Conditions of ContractConditions of ContractPart – I General Conditions of ContractPart – I General Conditions of Contract
Table of Clauses GCCTable of Clauses GCC
CClalause use
NNo o
PartPartiiculculaars rs ., .,
CClalause use No No Particulars Particulars
A. GA. Geenneerraal l 21 21 PPayaymmeenntts fos for r VVaariations and / or Eriations and / or Extrxtra a QuQuaantntititieies s
1 1 DeDeffinitiinitioonns s 222 2 - -
No cNo coompmpenensatisatioon n for alfor alterations in terations in oor r rrestricestricttion ion
2 2 IInnttererpretatpretatiioons and Dons and Doccuments uments 223 3 No No IInterest Pnterest Payayaablble e 3 3 LLananguaguagge and Le and Laaw w 24 24 RecoveRecoverry y frfrom Com Contracontracttorors s 4 4 CommunicCommunicaations tions 25 25 TTax ax 5 5 SubcoSubconnttrractactiinng g 26 26 ChCheeck ck MMeeaassurureemenmentts s 6 6 PePerrssonnel onnel 227 7 TTeermrminatinatiioon bn by Ey Ennggineineeer r iin Cn Chaharrgge e 7 7 FoForce rce MajMajeueure re 28 28 PaymenPayment ut uppon on TeTerrmination mination 8 8 ConConttrraactctoor's r's RiRissks ks 29 29 PPeerforrformmance ance SSeeccururiity ty 9 9 LLiabiiabilliity Fty For Aor Acccidentcidents s To PerTo Perssoonn 330 0 SecuSecuriritty y DeDepoposisit t
10 10 ContrContraactor tctor to o CCoonnstrucstruct t tthe he WWoorrksks 31 31 PrPriicce Ae Addjujuststmement nt (N.A.)(N.A.)
11 11 DDiisscocoveverrieies s 332 2 MobiMobililizzaation tion anand d CoConsnsttrrucucttiioon n MachMach..ineinery ry AAddvavannce ce (N.A.)(N.A.)
112 2 DDispute ispute RResolution Sesolution Syysstetem m 333 3 SSeecucurreed d AdvancAdvance e (N.A.)(N.A.)B. TiB. Time Conme Contrtrool l 34 34 PaPayymmenents ts CCerertitificficatates es
13 13 PProgrogrammramme e E. E. FiFinniishshiing tng thhe Contrace Contract t 114 4 EExxtteennsiosion n of of TTimime e 335 5 CoCom m pplleettiion on CCeerrttifiificcaate te 15 15 CCoompensampensatiotion fn for or DDeellay ay 336 6 FinFinaal Accl Account ount 16 16 ContrContraactoctor's r's ququoteoted d peperrcecennttaage ge FF. . OthOtheer Cr Conondditions oitions of Contract f Contract
CC. . QQuaualliity ty CoContrntrool l 37 37 CurCurrrenenccies ies 117 7 TTesesttss 338 8 LLaboabour ur
18 18 CoCorrecrrecttiion oon of Defects nf Defects noottiiced ced dduriurinng thg the De Deeffect ect LiLiababiillity ity PPerieriod od 39 39 CompComplliiaancnce e wwitith h LLaaboubour r RRegulationegulations s
D. CD. Cosost Ct Controontrol l 40 40 AudAudiit and t and TTecechhnicanical El Exaxammiinnaattioion n
119 9 VVariations ariations - C- Chahanngge in e in orioriginginaal l SpSpeeccifificicaattiions, Dons, Designs, Designs, Drrawiawinnggss eetctc. .
41 41 DeaDeath th oor Permanenr Permanent t InvaInvaliliddiitty of Cy of Coontntrracacttoor r
220 0 Extra Extra ItItems ems 442 2 JuriJurissdiction diction
Page 40 of 81
A. GeneralA. General
1. DEFINITIONS1. DEFINITIONS
11..11. . BilBill l of Quantitiesof Quantities: : mmeeanans s ththe pre priced and completed Biiced and completed Bill ll of Quantities forming partof Quantities forming part of of tthe Bidhe Bid..
11..22. . Chief EngineerChief Engineer: : mea ns Cmea ns Chhief ief EngEngineer of thineer of the ze zonone/ e/ babasisin concernedn concerned. .
11..33. . Completion: meCompletion: meaans completins completioon of the work as certn of the work as certiifified ed by the Engineer-in-Chargeby the Engineer-in-Charge ,,in in aaccordaccordannce with provisionce with provisions of ags of agreementreement. .
11..44. . Contract: meanContract: means s the Conthe Conttrracact between the Empt between the Emplloyer oyer aand the Contractor tond the Contractor to executeexecute, , complete and/ocomplete and/or r mamaiintantaiin thn the we workork. . Agreement is Agreement is sysynonnonyym of Contractm of Contract aand carrind carriees the same meanis the same meaninng wheg wherevrever uer usesedd. .
11..5. 5. Contract DataContract Data: m: meeaans tns the he ddocumocuments and othents and other ier infonforrmamattiioon which n which ccompriomprisse ofe of the the ContrContraactct. .
11.6 .6 Contractor: meContractor: meaans a perns a persoson n oor r leglegal entital entity wy whhose ose bid bid tto o cacarry rry oout the worut the work k hashas bebeeen n aaccepted by the Emploccepted by the Employeyerr. .
11..7. 7. Contractor's bid: mContractor's bid: meeanans s ththe coe completed bid documenmpleted bid document st submitted by theubmitted by the Contractor Contractor tto the Employer. o the Employer.
11..8. 8. Contract amountContract amount: : means thmeans the e amount of contract amount of contract wworked out on the orked out on the bbasasiis of s of aacccceepted bid. pted bid.
11..9. 9. Completion of work: meCompletion of work: meaans ns comcompplletion of theetion of the. . eentintirre e ccontrontraacted workcted work. . EExxhhaaususttionion of of qquuaantity of ntity of aanny y ppaarrtticicular item ular item mentionmentioneed in d in tthhe bie bid d dodoccuument ment sshall not imply hall not imply ccoommpletion of pletion of wowork rk oor ar any compny compononeent thnt theerreeooff. .
11..110. 0. DayDay: : means the means the ccalendar alendar day. day.
11..1111. . Defect: meDefect: meaans ns aany part ny part oof the worf the work k not not ccompomplleetteed in accordd in accordaancnce e wwiith the th the sspecifications includpecifications includeed in d in tthhe coe contractntract. .
11..12. 12. Department: mDepartment: meeans Depans Depaartmrtmeent of the State Govnt of the State Goveernmrnmeent viznt viz. . Water ResourcWater Resources es Department, PuDepartment, Pubbllic ic WWororks ks DDepaepartmentrtment, , PubPubllic Hic Heealth Enalth Engginineeeering Departmentring Department,, RurRuraal Enl Engginineeereriing Serng Servivice and ce and aany ny otothheer or orrganizganizaation tion wwhich hich aadoptdopts s ththiis docums documeentnt..
11..113. 3. DrawingsDrawings: : mmeeaans ns ddrawrawiinngg iincluncluddiing cng caalcullculaattiioons ans annd otd othher er informatinformatiion providedon provided oor ar approved by thpproved by the e EnEngiginneer-eer-iinn--ChargChargee. .
11..1144. . Employer: meEmployer: meaanns ts the he ppaarty rty aas s defdefineined d in tin thhe e Contract DataContract Data, , who employs twho employs the he Contractor to cContractor to cararry oury out the wt the woorkrk. . The EmployThe Employeer r mamay y ddeellegaegate any or all fte any or all fuunctionsnctions
Page 41 of 81
tto o a person or boa person or boddy nomy nomiinnaatted by ed by him for him for sspecified funcpecified functtionionss. The word Employer. The word Employer / Government / D/ Government / Deepartmpartmeent nt wwhheerever used denote threver used denote the e
1.15 1.15 EngineerEngineer:: meanmeanss, , , , meanmeans s the perthe persoson n nanamed in the Contract Dmed in the Contract Daatata. .
1.161.16 Engineer in charge: means, means the person named in the Contract DataEngineer in charge: means, means the person named in the Contract Data . .
1.17 1.17 Equipment: means the Contractor's machinery and vehicles brought temporarilyEquipment: means the Contractor's machinery and vehicles brought temporarily to the Site for execution of work. to the Site for execution of work.
1.18 1.18 Government: means Government of Madhya Pradesh. Government: means Government of Madhya Pradesh.
1.191.19 In Writing: means communicated in written form and delivered against receipt.In Writing: means communicated in written form and delivered against receipt.
1.201.20 Material: means all supplies, including consumables, used by the Contractor forMaterial: means all supplies, including consumables, used by the Contractor for incorporation in the work. incorporation in the work.
11..2211. . SuperinSuperinttending Enginending Engineeerer: : memeaans Superintendins Superintendinng Eng Enggineer-ineer-iin-Charge of thn-Charge of the e CirclCircle e concerned. concerned.
11..22. 22. Stipulated period of completionStipulated period of completion: : means tmeans the he perperiiod od iin n wwhich the Conhich the Conttraraccttor ior is s required to required to ccomompletplete te thhe e wwoorrk. k. TThhe ste stiipulated ppulated perieriod iod is s ssppecified in the Contracecified in the Contract t Data. Data.
11..23. 23. SpecificationSpecification: : memeaanns s tthe he spspeecification of the cification of the wwork included in the Contract ork included in the Contract aanndd aanny y mmoodidificficaattiion oon or addr addiittiioon n mmadade e oor r aapprovpproveed bd by y the the EEnngginineeerer--iinn-Ch-Chaargrgee. .
11..224. St4. Starart t Date: mDate: meaneans s the dathe datte of e of ssigning of igning of agagrereememeent nt ffoor r ththe e wwororkk. .
11..25. 25. SSuubb--Contractor: mContractor: meaeanns s a person or corporata person or corporate e bodbody y who has a Contract wiwho has a Contract witth thh the e ContContrractor, duly actor, duly aauthouthorrizized ed ttoward out a poward out a part art of the constof the construrucctiotion n work undwork undeer thr the e ConConttractract. .
11..2626. . Temporary Work: mTemporary Work: means woeans work desrk desiignedgned, , ccoonnssttrruuctcteed, d, installinstalleed, and removed d, and removed byby tthe Contractor that arhe Contractor that are e nneeeeded for construded for construcction or instion or insttallation of the workallation of the work. .
11..27. 27. Tender/Bid, TendereTender/Bid, Tendererr/Bidde/Bidderr: : arare the the e ssyynonnonymyms s aannd d carrcarry y tthe sahe same meme meaaninningg whwheerre e eevever usr useedd. .
11..28. 28. VariatVariatiionon: : mmeaeanns any s any chanchangge ie in thn the e work work wwhich ihich is s instructed or apprinstructed or approved oved aas s varvariiation under thiation under this s ccononttraractct. .
11..29. 29. WoWorrkk: : ThThe e eexxppreresssion "sion "wwoork" rk" or or "w"wororks" wks" whheere re usused ed in in tthehesse e conditioconditionns s shashallll ununlleesss s therthere e bbe se somometethihing eng eiitthher er iin tn thhe e ssubjubjeect ct oor cr coonntetexxt t rreepupuggnnanant to sucht to such constconstruructionction, , be construed and tabe construed and taken ken to mto meaean the work by n the work by vvirtuirtue e of contract,of contract, contractcontracteed td to o bbe e eexxececututeedd, , whwheeththeer tr teempmpoorrary ary or permor permaanneennt at and nd wwhheetthheerr originaloriginal, , aaltlteeredred, , susubstbstituted oituted or addr addiittioionnaall. .
Page 42 of 81
22. . INTERPRETATIONS AND DOINTERPRETATIONS AND DOCCUMENTS UMENTS
2.1 2.1 Interpretations Interpretations
In the contract, except where the context requires otherwise: In the contract, except where the context requires otherwise:
a.a. words indicating one gender include all genders; words indicating one gender include all genders; b.b. Words indicating the singular also include the plural and viceWords indicating the singular also include the plural and vice
versa.versa.c.c. provisions including the word "agree", "agreed" or "agreement"provisions including the word "agree", "agreed" or "agreement"
require the agreement to be recorded in writing; require the agreement to be recorded in writing; d.d. written" or "in writing" means hand-written, type-written,written" or "in writing" means hand-written, type-written,
printed or electronically made, and-resulting in a permanentprinted or electronically made, and-resulting in a permanent record; record;
22..2 2 Documents Forming PDocuments Forming Paart of Contracrt of Contractt:: 1.1. NINIT with all T with all aammeenndmdmeennttss..2.2. IInnsstrutrucctitioonns s tto o BBiidddederrs s ((ITITB, B, BBiid Dd Daatta a SShheeet et wwitith h aalll l AAnnnneexxuurreses) ) 3.3. CCoondndiititioonns s oof Cf Coonntrtracact: t:
i.i. PPaarrt t I GI Geenneerraal l CoCondindittiioonns of s of CoConnttrracact t aannd d tthhe e CCoonnttrraact ct DDaattaa; ; wwith all ith all AAnnnnexexurures es
iiii. . PPaarrt II t II SSppececiiaal l CoCondndititiioonns s of Coof Contntrraacctt. . 4.4. SSppeecciiffiicacationtions s 5.5. DDrraawiwingngs s 6.6. BBill oill of f QuQuaannttitiitiees s 7.7. TeTechchnnicicaal l aannd d FFininaanncciaial l BBidid' ' 8.8. AgAgrreeeemmeentnt, a, anndd9.9. Any Any othotheer dr dooccumumeenntteess)), , aas s ssppeecifiedcified..
3. Language and Law 3. Language and Law The language of the Contract and the law governing the Contract are stated in the The language of the Contract and the law governing the Contract are stated in the Contract DataContract Data Sheet.Sheet.
4. Communications4. Communications
All certificates, notice or instruction to be given to the Contractor by Employer/EngineerAll certificates, notice or instruction to be given to the Contractor by Employer/Engineer shall be sent to the address or contact details given by the Contractor in [Annexure H ofshall be sent to the address or contact details given by the Contractor in [Annexure H of ITB]. The address and contact details for communication with the Employer/Engineer shallITB]. The address and contact details for communication with the Employer/Engineer shall be as per the details given in the Contract Data. Communication between parties that arebe as per the details given in the Contract Data. Communication between parties that are referred to in the conditions shall be in writing. The notice sent by facsimile (fax) or otherreferred to in the conditions shall be in writing. The notice sent by facsimile (fax) or other electronic means (email) shall also be effective on confirmation of the transmission. Theelectronic means (email) shall also be effective on confirmation of the transmission. The notice sent by registered post or speed post shall be effective on delivery or at the expiry ofnotice sent by registered post or speed post shall be effective on delivery or at the expiry of the normal delivery period as undertaken by the postal service. In case of any change inthe normal delivery period as undertaken by the postal service. In case of any change in address for communication, the same shall be immediately notified to Engineer-in- Charge.address for communication, the same shall be immediately notified to Engineer-in- Charge.
Page 43 of 81
5. Subcontracting 5. Subcontracting
SSubcontractinubcontracting g sshahalll l be pbe peerrmitmittteed d fofor conr conttracractts os of f vvaalue lue mmoore tre than amounhan amount t specispecififieed d iin then the CContract ontract DaDatta wia witth fh folollowlowing coning conddititiiononss: :
a.a. The The CContracontracttor maor may y ssuubbccoonnttrraact up to 25 pct up to 25 perercent of thcent of the e contrcontraact price witct price with h ththe e approvaapprovall of the of the EEmmpplloyeoyer in r in wwritingriting, , but but wwilill l nnoot t asassisiggn thn the e ContraContractct. . SSubcontrubcontraactictinng g sshalhall l nonott aalltteer r tthe Contrhe Contraactorctor's 's oboblliiggaatitioonns. s.
b.b. FoFollllowowiing shng shaalll not fol not forrm m ppaart of rt of ssubcontractinubcontractingg: :
i. Hii. Hirrining g of of llaabbour thour thrroouuggh h a a llaabbour contractour contractoor. r.
iiii. . TThe purchashe purchase oe of f MMaatteerialrials s to bto be e inincorpocorporraatteed d iin thn the we workorkss. .
iii. Hiriii. Hiriinng g of pof pllant ant & & mamacchhiinery nery
c.c. TThe subhe sub--ccoonnttracractor wtor wiillll hahave ve to to bbe e rereggiisstertereed d iin tn thhe appropriate categore appropriate category y in thin the e centralized rcentralized reeggiiststraratition son sysystteem for contm for contracractotors rs of tof the GoMhe GoMPP. .
6. Personnel6. Personnel
6.16.1 TThe Conhe Conttrraaccttoor r shashall ll eemmploy ploy ffoor r tthhe e conconsstrtrucucttiion on woworrk k and and routroutiinne me maiaintntenenanance tce thehe
tetecchhnnicical al pperersosonnennel l as as proprovivideded d iin n ththe e AAnnnnexexurure e 11--3 3 of Biof Bid d DDaatta a SheetSheet, , if if aappppllicicaablblee. . IIf f ththee
CCoontntrracactotor r ffaiails ls tto do deepplloy roy requequiirered nd nuummbeber of r of tteecchnichnicaal stal staffff, r, recoecovvery as ery as ssppeecifcifiied ed iin thn thee
CCoonntratract ct DDatata a wwilill be made frol be made from thm the e ContrContraactctoorr. .
6.26.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor'sIf the Engineer asks the Contractor to remove a person who is a member of the Contractor's
staff or work force, stating the reasons, the Contractor shall ensure that the person leaves thestaff or work force, stating the reasons, the Contractor shall ensure that the person leaves the
Site within three days and has no further connection with the Works in the ContractSite within three days and has no further connection with the Works in the Contract. .
7. Force Majeure7. Force Majeure
7.1 The t7.1 The teerm "Force Majeurrm "Force Majeuree" m" meeans an exceptional ans an exceptional eevveent or circumstancent or circumstance::
(a) Which is beyo(a) Which is beyonnd a Pd a Paarrty'ty's cs controlontrol, ,
(b) Which such P(b) Which such Paarty rty cocould not reasonably hauld not reasonably havve provided e provided aagainst before enteringainst before entering g into theinto the ContContraractct, ,
(c) Which(c) Which, , having having aaririsseenn, , susuch ch PPaartrty y could not rcould not reeaasosonanably hably havve avoided or ove avoided or oveerrcocommee, ,
Page 44 of 81
and and
(d) Which is not (d) Which is not ssububsstatantntiallially ay attributable to tttributable to the ohe oththeer Party. r Party.
Force Majeur Force Majeure e mmay ay ininclcludeude, , but ibut is s nnoot t lilimitmiteed tod to, , eexcxceptional eveptional eveentnts s oor r circumstanccircumstances es of of tthhe e kind listed belokind listed beloww, so l, so loong ng as as conditions (a) to (d) aboconditions (a) to (d) above ve arare e satisfiedsatisfied: :
(i) (i) WarWar, , hosthostiilitilities (wes (whheethther er wwar bar be e declardeclareed d oor not), invasion, act of fr not), invasion, act of foorreigeign n enemiesenemies, ,
(ii)(ii) RebellRebelliionon, , ttererrrooririssmm, sa, sabotbotaage bge by pey perrssonons s ootther her tthhaan the Contrn the Contraaccttoror''s s PersonnelPersonnel, , rerevvolutionolution, , ininssurrection, militurrection, militaary ry oor usurped powerr usurped power, , or civil war, or civil war, (ii(iiii) Riot) Riot, , commcommootitioonn, , ddiissordordeerr, s, sttrrike oike or r lloocckokout by ut by peperrssons othons otheer tr thahan n tthhe e ContractoContractorr''s Perss Personnonnel, el,
(iv)(iv) MunitionMunitions os of f warwar, , expexplosive materiallosive materialss, , ionizinionizing g radiatradiatiion or contaminon or contaminaation btion by y radio-actradio-activiivityty, , eexxccepept as t as mmaay be attriy be attribbututaablble e to the Contractor's uto the Contractor's usse e of of ssuucch h munitionmunitions, s, eexxplplososiveives, s, radiation or radradiation or radiio-o-acactitivvityity, , and and
(IV)(IV) NatuNaturral cal catataasstrtropophehes ss sucuch ah as earthqus earthquaakkee, , hurrihurriccananee, typhoon or , typhoon or vvolcolcaaninic c activitactivityy. .
77..2. In the even2. In the event t of either of either papartrty y bebeiing rendered unng rendered unaable ble bby foy forrce majeure to perfce majeure to perfoorm rm aanny y ~ ~ . .
dutduty y or dor discharischargge e any any rrespoesponnsisibbiility lity aarrisisiing out ng out oof f ththe e contrcontraactct, , ththe e rreellaativtive e obligobligaation oftion of ththe e partparty ay affffecteected by such forcd by such force e mmaajejeuure re sshall upon notification to thhall upon notification to the e othother er party bparty be e ssuspeuspendndeed d fofor tr the he peperriiood d dduurriing ng wwhhiicch h foforrcce e mmajeurajeure ee evvenent t llaasstts. s. The cost and losThe cost and loss ss suussttaiainneed d by by either party shall be either party shall be bborne by respective partiorne by respective parties. es.
7.3 7.3 For the period of eFor the period of exxtetensionsion gn granted to the Cranted to the Coontntrraacctotor r dudue e to Force Majto Force Majeure teure thhe e price adjustment clprice adjustment clausause se shahall appll applly but thy but the e ppeennaalty clty cllauausse se shall not applhall not apply. y. IIt it is s clarified that thiclarified that this ss suub cb claulausse e sshall not gihall not givve elie eliggibiliibilitty fy foor price adjustmr price adjustmeennt t tto o contracts whcontracts whiich ch aarre e ootherwtherwiisse e not not ssubject tubject to to thhe e bbeenneefit of fit of pprice adrice adjjustmustmeent cnt cllauaussee. .
7.4 7.4 The time for perThe time for perfformormanance ce ooj j the relative oblithe relative obligatgation ion ssuspenduspendeed by the force md by the force maajjeeurure e sshall stand hall stand eexxttended ended bby ty the pehe period foriod for r whwhich sich suuch ch ccaauuse se lalaststss. . Should Should ththe e dedelalay y ccaaused bused by y force force mamajjeueurre e eexxcceeed ed ttwewellve monthve monthss, th, the e partieparties s to the contract to the contract sshhaall bll be e at lat liiberty to fberty to foorereccllose ose tthe che contontrract act afaftteer r holdholdiinng g mmutuutuaal l discdiscuussionsssions. .
8.8. Contractor's Risks Contractor's Risks 88..1 1 All riAll rissks of loks of losss s oor r dadammaage ge tto o phphysysicicaal prol propertperty y and and of pof peersonal inrsonal injjury ury aannd dd deeaatth h
which arise duriwhich arise during ng anand id in cn coonnssequence of thequence of the pee perfrfoormrmaancnce e of the Contract arof the Contract are e ththe e rresesponsibilitponsibility of ty of thhe e CCoonntrtractoactorr..
8.28.2 All risks and consequences arising from the inaccuracies or falseness of the documents and/orAll risks and consequences arising from the inaccuracies or falseness of the documents and/or information submitted by the contractor shall be the responsibility of the Contractor alone. information submitted by the contractor shall be the responsibility of the Contractor alone.
9. 9. LiLiaabibilliitty fy for or AcAcccidentidents s to to PersoPerson n
The contractor The contractor sshall bhall be e ddeeeemmeed to have indd to have indeemnimniffiieed d aand saved harmless the nd saved harmless the
Page 45 of 81
Government aGovernment aggainainsst all at all acction, suits, claims, demandtion, suits, claims, demandss, costs etc. arising in , costs etc. arising in connection with injuries connection with injuries ssuffuffereered by any persons d by any persons eemploymployeed by the contractod by the contractor r or his or his ssubcontractor fubcontractor foor the r the woworkrks ws whethhetheer under thr under the e GGeeneral law oneral law or r under under wworkman's orkman's compensation compensation AActct, , or anor any oy oththeer statutr statute e in forin forcce ae at t ththe e time of dtime of deealing with the aling with the question of the liabilitquestion of the liability oy of ef empmployees loyees ffor the injurieor the injuries sus suffered by employees and to ffered by employees and to hahavve taken stepe taken steps s properlproperly y to to eensure against any claim nsure against any claim ttherhere e under. under.
10. 10. Contractor to Construct the Works Contractor to Construct the Works
1010..11 The ContraThe Contracctor shall ctor shall coonnstrstruucct, install and maint, install and mainttain tain thhe Works in accordance e Works in accordance
wwith the Spith the Speecifications cifications aand Drand Drawwininggs as specified in the s as specified in the CCononttract ract DDaata. ta.
1010..2 2 In the case of any claIn the case of any class of wss of worork k for which therfor which there e is no such speciis no such speciffication as is ication as is
mentioned mentioned iin Contrn Contracact Dt Daatata, s, such work shuch work shaall bll be ce carriarrieed out in accordance with d out in accordance with
the instructions and requirement of the Enthe instructions and requirement of the Enggineer-in-ineer-in-cchhaarge. rge.
1010..3 3 The contractor shall supplThe contractor shall supply y and take upon himand take upon himseself thlf the e entire responsibility of entire responsibility of
the sufficiency of ththe sufficiency of the scae scaffffolding, timberingolding, timbering, , mmacachinerhineryy, tools and implements, , tools and implements,
and generally of and generally of aall ll mmeeaanns s ususeed fod for r the fulfillmethe fulfillment nt of thiof this s contract contract wwhether such hether such
means mayor may not means mayor may not be be approapprovved or recommed or recommeended by the Engineer. nded by the Engineer.
1111. . DDisiscovericoveriees s
AAnnyything of hthing of hisistorical torical or otor othher er intereinteresst or t or oof f sisiggninifficicaant valunt value e ununexexppeectedly ctedly
discodiscovvered on the ered on the SSite shall bite shall be e the property of the Emplothe property of the Employyer. The Contrer. The Contraactor shall ctor shall
notify the Enginnotify the Engineeer of er of ssuch uch ddiiscovscoveries and ceries and caarry out the Enrry out the Enggineer's instructions for ineer's instructions for
dealing with thdealing with theem. m.
12.12. DiDissputpute e RResoesolutilution Son Syystestem m
1212..1 1 No dispute No dispute ccan be raised an be raised exexcceept before thpt before the e ComCompepetteent Authoritynt Authority
Superintending engineer of DevisionSuperintending engineer of Devision in in wwritinriting g givingiving g full description full description aandnd
ggrounds of dirounds of disspute. It is clarified that mpute. It is clarified that meerelrely y rrecoecording prding prrototesest while t while acaccceeptinptingg
measuremmeasurement ent and/or payment shand/or payment shaall not ll not be be taktaken as en as raising a diraising a dispspuutete. .
1212..2 2 No dispute cNo dispute caan be n be raraised after ised after 45 45 days of its firdays of its firsst occurrt occurreencence. . AAnny disputey dispute
rraaiissed ed
aafter efter exxpirpiry oy of f 45 45 dadays ys of of its fiits firsrst occt occuurrrrence sence shhaall ll nnot ot bbe entertained e entertained aand thnd thee
Page 46 of 81
Employer shaEmployer shalll not l not be be lliiable for claims arisinable for claims arising g ouout t of of ssuch disputeuch dispute. .
112.3 2.3 The CompetenThe Competent t Authority shalAuthority shall l decide the mdecide the maatttteer wir witthin hin 445 5 daysdays. .
112.2.4 4 Appeal against thAppeal against the oe order of thrder of the e Competent Competent AAuthoruthoriitty y can be preferred wcan be preferred wiithithin n 330 0 daydays s to the Appellto the Appellaate Authority ate Authority as s ddeefined fined iin the Contract Datan the Contract Data. . The AThe Appppeellllaatte e Authority shalAuthority shall l ddecide tecide thhe de diisspuputte e wwitithin hin 45 45 dadayyss. .
112.5 2.5 Appeal aAppeal agagaininsst tht the e oorrddeer of thr of the e AppAppeellatllate Ae Authuthoority can rity can bbe prefe prefeerrrreed beford before e ththee MaMadhydhya a PradPradesh Arbitraesh Arbitratitioon Tribunan Tribunal l ccoonnssttitituted unduted under er MadhMadhya ya PrPraaddesh esh MadhMadhyyastham astham AAdhdhikikaran aran AdhAdhininiyamiyam, , 19831983. .
112.6 2.6 TThe he ContrContraactctor sor shhaall hll have ave to cto coontinue ntinue execexecuuttion of the Works with due dion of the Works with due diililigegencnce e notwithstnotwithstaannding peding pennddeenncy cy of of a a didissputpute e bbeforefore e any aany authouthorrity or foruity or forumm. .
BB. . Time Control Time Control
13.13. Programme Programme
13.1 13.1 Within the timWithin the time se sttateated id in n the Contracthe Contract t DDaattaa, th, the e ContraContracctor shall submitor shall submit tt to tho the e Engineer foEngineer for apr apprproval a Poval a Prograrogramme smme shhoowiwinng g tthhe genere general al mmethodsethods, , arrangemarrangemeentnts,s,' ' oorrdder aer annd d timing for all thtiming for all the e aacctivities tivities ffor the construor the construccttiioon n oof f wworks. orks.
1313..2 2 The program shall be supporThe program shall be supportted with all the details regarding key personneed with all the details regarding key personnell, , equipment and machiequipment and machinnery ery prproposed to be deployed on the works fooposed to be deployed on the works for r iitts s eexxecutionecution. . ThThe e ccoonnttrraactctoor r sshall submit thhall submit the e lilisst of equipment and mt of equipment and maachichinneerry y bbeing broueing brought to ght to ssiitte, e, tthhe le liisst ot of f kkey ey ppeerrssononnneel l beibeing ng ddeeployed, thployed, the le liisst ot of f machinerymachinery/eq/equiuipmpmeennt bt beeining g placed in fiplaced in fieleld d labolaboratory ratory aand the location nd the location oof f ffielield d lalaboratory boratory aallong ong wwith ith ththe e ProProggramme. ramme.
13.3 13.3 An An uupdate of pdate of ththe Pe Prorogrgramammme se shall be hall be a a prprooggrramammme e shoshowwining g the actuthe actuaal l pproroggresress s aachchiieved on eeved on eaacch h aaccttiivviity ty aannd d ththe ee effeffecct ot of f tthhe proge progrress aess acchhieieved on thved on the e ttimimiinng g oof f the remainthe remainiinng Wg Wororkkss, , iinnclucludinding ag any ny cchhaanngeges s to tto the sehe sequequennce of the ace of the acctivititivitieses. .
13.4 13.4 The ContrThe Contracacttor shor shaalll l susubbmimit t to thto the e EnEngiginneeeer r ffoor r aapproval pproval aan updn updaated Proted Proggrraammmme e at at iintnteervalrvals no s no lolongnger ter thahan the pen the peririod od sstattateed d in in tthhe e Contract DataContract Data. . If tIf thhe e Contractor dContractor does oes nnoot sut su88mit an updmit an updaated Proted Progragramme mme wwithin this periithin this perioodd, , ththe e Engineer mEngineer may way wiitthhold hhold tthe amount he amount ssttaatteed in td in thhe Contre Contraact Data from tct Data from thhe nee next xt papaymyment ceent certrtififiicatcate e aannd d coconntitinue nue to to witwithhhoholld d ththiis s amoamoununt t uunntil the ntil the nexext pt paymaymeennt t aaftefter r the dthe daate on te on whwhich thich the e ovoveerdue Prrdue Progogrramammme e hhas as bbeeeen n submittedsubmitted. .
1313..5 5 The EngThe Engiinneeerer''s as apppprrovovaal of l of tthhe Proe Proggramrammme e sshall not alter the Conthall not alter the Contrractor'actor's s oblobligigationationss. .
14. 14. EExtension of Timextension of Time
Page 47 of 81
14.14.11. . If the Contractor desires an extension of time for completion of the work on the If the Contractor desires an extension of time for completion of the work on the ground of his having been unavoidably hindered in its execution or on any other ground of his having been unavoidably hindered in its execution or on any other grounds, he shall apply, in writing, to the Engineergrounds, he shall apply, in writing, to the Engineer--in-charge, on account of in-charge, on account of which he dewhich he dessires such extensionires such extension. . Engineer-in-Charge shall Engineer-in-Charge shall fforwaorward rd the aforesaithe aforesaidd application to the Competenapplication to the Competent t AuAuththoorrity as prescribedity as prescribed. .
14.2 14.2 The competThe competeent authnt authooritrity y shall grant such extension at each such occasion within shall grant such extension at each such occasion within a period of 30 days a period of 30 days oof rf reecceeipt of application from contractor and shall not wait ipt of application from contractor and shall not wait for finality of work. Such efor finality of work. Such exxtensions shall be granted in accordance with tensions shall be granted in accordance with provisions under clause- 15 of this agreementprovisions under clause- 15 of this agreement. .
1144..3 3 In case the work is alreIn case the work is alreaaddy y in progress, thin progress, the e ContrContraactor shall proceed with the ctor shall proceed with the execution of the worksexecution of the works, , ininclcludinuding g maintenance thermaintenance thereeof, pending receipt of the of, pending receipt of the decision of the compdecision of the compeetent authority as aforesaid tent authority as aforesaid wwith all due diligenceith all due diligence. .
15.15. ComCompensation for pensation for ddelaelay y
1155..1 1 The time allowed for The time allowed for ccarrarryyining g out the work, out the work, aas ents enteerreed in the agreement, shall be d in the agreement, shall be strictly obserstrictly observved by the Coed by the Contntractor. ractor.
1155..2 2 The time allowed for execution of the contrThe time allowed for execution of the contraact shct shaall commence from the dall commence from the datte of e of signing of the agreemensigning of the agreementt. It is clarified that the need for issue of work order is . It is clarified that the need for issue of work order is didisspensed with. pensed with.
1515..3 3 IIn the event mileston the event milestonenes s aare laid down in the Conre laid down in the Conttract Data for execution of the ract Data for execution of the wworksorks, , the contractor the contractor sshhaall hall havve to e to eensurnsure se stritricct adt adheherreence to the samence to the same. .
1515.4 .4 Failure of the ContrFailure of the Contraactor to adhere to the timctor to adhere to the timeelines and/or milestones shall lines and/or milestones shall attract such liquidatattract such liquidateed dd daammaages as is laid doges as is laid dowwn in in n the Contract Data. the Contract Data.
1515.5 .5 In the event of delay in eIn the event of delay in exxecution of the Works as per the timelines mentioned in ecution of the Works as per the timelines mentioned in the Contract Data the Enthe Contract Data the Engginineeer-ier-inn-charge -charge sshall rhall reetain from the bills of the tain from the bills of the Contractor amount eqContractor amount eqdd''al al to to the liquidated dthe liquidated daamagmagees livable until the Contractor s livable until the Contractor makes such makes such ddelays good. Howelays good. Howeevveer, r, tthe Enginhe Engineeeerr--in-charge shall accept bankable in-charge shall accept bankable security in lisecurity in lieeu of retu of retaaininining g such amount. such amount.
1515..6 6 If the Contractor is given If the Contractor is given exextension of time after liquidated damatension of time after liquidated damageges have been s have been paid, the Epaid, the Enngineer in Chgineer in Chaarge shall correct anrge shall correct any y over payment of liquidated over payment of liquidated damages by the Contrdamages by the Contraactor in the next payment cctor in the next payment cererttiificficaatete. .
1515..7 7 In the event the Contractor fails to make good thIn the event the Contractor fails to make good the e delay until completion of the delay until completion of the stipulated contract pstipulated contract peeriod (including extension oriod (including extension of tf timimee) th) the e sum so retasum so retaiined shall ned shall be adjusted be adjusted aagainst the liquidated damages levied. gainst the liquidated damages levied.
16.16. CCoonnttrractoractor''s quotes quoted pd peerrcencentage tage
The Contractor'The Contractor's s quoted percentage rate refequoted percentage rate referrrred to in the "Bid foed to in the "Bid for wr works" will be orks" will be deducted/ added from/to the net amount of the bill after deducting the cost of deducted/ added from/to the net amount of the bill after deducting the cost of materialmaterial--suppliesupplied d by the departmentby the department••. .
Page 48 of 81
17. 17. Tests Tests
17.1 The Contractor sh17.1 The Contractor shaall ll be rbe resesponsible for: ponsible for:
a.a. CarryCarryiing out thng out the e testtests s prescribed in speciprescribed in specifficaicattiionsons, , anand d
b.b. For the correctFor the correctneness of the test resultss of the test results, ws, whether preformed in hihether preformed in his s laborlaboraatortory y or elsewhor elsewheerere. .
17.2 17.2 The contractor shall haThe contractor shall have ve to establish field laboratory within the time specified to establish field laboratory within the time specified and having suand having succh h eeqquuipmipmeentnts s aas s arare e specifispecifieed d iin thn the e Contract Data. Contract Data.
17.3 17.3 Failure of the ConFailure of the Conttrraactor to establish labctor to establish laboraoratotory ry shall ashall attttract such penalty ract such penalty aas is is s sspecified in thpecified in the e Contract Data. Contract Data.
17.4 Ten precent of the mandatory tests prescribed under the specifications shall be got 17.4 Ten precent of the mandatory tests prescribed under the specifications shall be got carried out through laboratories accredited by National Accreditation Boardcarried out through laboratories accredited by National Accreditation Board Laboratories (NABL) by the Engineer-in-charge and the cost of the such testingLaboratories (NABL) by the Engineer-in-charge and the cost of the such testing shall be deducted from the payments due to contractor.shall be deducted from the payments due to contractor.
18. Correction of Defects noticed during the Defect Liability Period 18. Correction of Defects noticed during the Defect Liability Period
18.1 18.1 The Defect LThe Defect Liaiabibilitlity y PeriPeriod od of work in thof work in the coe conntratract ct sshalhall l be as per the Contracbe as per the Contract t DataData..
18.2 18.2 The ContractoThe Contractor shar shalll l proprompmptly rectify tly rectify alall dl defecefectts ps pooiinted nted oout by the Enginut by the Engineeer er wwelell l before the before the eend nd oof f tthe Dhe Deefect Liability Pfect Liability Peeririoodd. . The DefThe Defeect Liability Period ct Liability Period sshalhall l automatautomatiicalcallly y ssttaand nd exextteendndeed until the ded until the defect fect iis s rreectified. ctified.
18.3 18.3 If the ContraIf the Contractctor hor has as nnot ot ccoorrected a Drrected a Deeffecect t perpertataiininning g to the Dto the Deeffeect Lict Liabiabililitty y Period to thPeriod to the sae satitissfactifactioon of thn of the e EnginEngineeerer, , wiwithin ththin the e time time sspecified by thpecified by the e EEnngineergineer, , the Ethe Engngiineeneer r wilwill l assassess the coess the cosst t oof f hahavviing thng the e Defect correcDefect corrected, ated, annd d the cost of corrthe cost of correectictioon of the Defect shall bn of the Defect shall be e rreecovered from the Performcovered from the Performaancnce e SS''eecurity ocurity or r anany y aamoumount nt due or due or that mathat may y bbecoecomme e dudue e to to tthe contractor ahe contractor and othend otherr available securitiavailable securitieses. .
DD. . CosCost t CoContntrolrol
19. Variations - Change in ori19. Variations - Change in origginal Specifications, Designs, and Drawings etc. inal Specifications, Designs, and Drawings etc.
19.1 19.1 The EnginThe Engineeerer-i-inn--chchaarrgge e sshall have power thall have power to o mmakake any ae any allterations, omiterations, omissssionions s oor r additions to oadditions to or r
subsubssttiitututtiions ons iin n ththe e oriorigiginnaal l ssppeecciiffiiccatiationonss, , drawidrawinngsgs, , desidesiggnns as annd d instructioninstructionss, that m, that maay y appappear ear
to him to bto him to be e nneeccessessary duary durring the proing the proggresress s oof f ththe e work and thwork and the coe contractntractoor r sshhaall carrll carry y out thout the e
woworrk ik in n accordancaccordance e wwiitth ah anny y instructioninstructions ws which hich mmay ay bbe ge giiven to him in wrven to him in wriitting signing signeed by the d by the
EngiEnginneeeer-in-charger-in-charge, , and such and such aaltlteerraationtions, s, omisomisssionion, ad, additditiioons or ns or ssubstitutions substitutions shhall not invalidall not invalidaatte e
the the ccoonnttraract ct and and anany y alterealtered, ad, addditiditiononaal or subl or subststituted worituted work, k, whwhicich th thhe e contractor macontractor may y bbe e
directdirecteed to do in the d to do in the mmanner above anner above sspecified, as parpecified, as part t of thof the e workwork, , shshaall bll be ce cararrriieed d ouout t by the by the
contrcontracacttoor r on on tthe sahe same me cconondditions in itions in aall ll rreespspeectcts s on which he aon which he aggrerees es tto o do the main workdo the main work
Page 49 of 81
19.219.2 The time for the completion of the work shall be extended in the proportion that the altered,The time for the completion of the work shall be extended in the proportion that the altered, additional or substituted work bears to the original contract work and the certificate of theadditional or substituted work bears to the original contract work and the certificate of the Employer shall be conclusive as to such proportion. Employer shall be conclusive as to such proportion.
20.20. Extra itExtra items ems 2020..1 1 All such itAll such iteemms ws which hich aarre not e not iinncludcludeed in td in thhe price priced Bed BOOO sO shhaalll be trel be treaated as eted as exxtrtra a
ititeemms. s.
21.21. PPaaymymenentts s ffoor r VariaVariattions and / oions and / or Extra Qur Extra Quanantitities ties 2121..1 1 ThThe e rraates fotes for r such such aadddditiitionaonal (El (Exxtrtra qa quuaantntityity)), , aaltlteerered or sd or sububsstituttituteed d wwork ork / / eexxttra ra
ititeemms s undundeer tr thhiis s cclause shlause shaall ll be wbe woorkerked od out iut in n aaccordaccordannce wce wiitth thh the fe folloollowwining g
pprovirovissioions ns iin n ththeir respecteir respectiivve e oorrdderer:- :-
,,a. a. TThe he ccontractoontractor r is bouis bounnd to carry oud to carry out t the addthe additiitionaonal l ((EExxtra quantity)tra quantity), , wwoork at rk at
ththe same e same rraattes es aas s aarre se sppeecciified in the fied in the ccontract ontract ffoor r the workthe work. .
b.b. IIf f ththe e iitteem m iis not in the ps not in the prriced Biced BOO OO and and is is incinclludeuded d in tin thhe Se SOR of OR of ththe e
depdepaartrtmmeenntt, , tthe rathe rate se shall be ahall be arrivrriveed d at bat by ay applying tpplying thhe quoe quotted ted teender nder
pperercceentntaagge on e on tthhe e SSOR OR rarate. te.
c.c. IIf tf the he rrateates s fofor tr thhe alte alteered red oor r subssubstittituutteed wd woork ark are re nnoot pt prroovided ivided in n
applicabapplicablle e SSOR - OR - such such rrates wiates will ll be be ddeerrived ived ffrorom thm the e rraattes foes for r a sa siimmililar ar clclass ass
(t(tyyppee) ) of work as is provided in tof work as is provided in thhe coe contrntract act ((pprriiced Bced BOO) fOO) for tor thhe wore work. k.
d.d. I If f the rathe rattes es ffoor thr the e aalltered, tered, ssububssttiittuted wouted worrk ck canannonot t be be ddetermeterminineed d in in tthe mannerhe manner
specspecifiifieed in the d in the ssub claub clause (c) abuse (c) above - tove - thheen the rn the raattes es fofor sucr such h
composicomposite wte worork itemk item shashall ll bbe e worworkkeed d oout ut on ton thhe base basis is of of ththe e ccooncernncerneded S Scchedulhedule e oo
RRaatetes ms miinunuss//pplluus ts thhe pee perrcecenntage quoted tage quoted bby ty thhe e ccoontrntractoractor..
e.e. If If ratratees for a parts for a partiicucullaar r part part oor pr paarts orts of tf thhe e item is item is nnot ot iin thn the e SScchedule hedule of of
RRates ates aand the rnd the raates fotes for r the althe alttereeredd, , or subor subsstituted wotituted worrk k iitem cantem cannot not be be
ddeetertermined mined iin thn the e mmaannnneer r specspeciified fied iin sub cln sub claause (b) to (d) abouse (b) to (d) abovve, e, tthe rate he rate
ffor or such part or such part or ppararts ts wilwill l bbe e determined bdetermined by y the Comthe Comppeettent Authent Authoorrity ity as as
ddeeffineined d iin n the the CCononttract Data on the basis oract Data on the basis of f tthhe rate ae rate annalysalysiis ds deerriivved out ed out of of
prevprevaaiilliinng g mmarkarkeet rates when tht rates when the e woworrk was dok was donnee.. Page 50 of 81
f.f. But under no cBut under no ciircumrcumsstancestances, , the conthe conttrracactotor r shshaall sull susspend pend tthe worhe work k oon n ththe e plea of non-plea of non-acaccceeptability of rates on items fptability of rates on items faalling under sub clause (a) to (d)lling under sub clause (a) to (d). . In case the conIn case the conttractor does not accept the rractor does not accept the raate te aapprpprooved by the Engved by the Engiinneeeer ir in n Charge foCharge for a parr a particticulaular itemr item, , the contrthe contracactor shtor shaall coll conntinue to carry otinue to carry out ut ththe e item at thitem at the e rraattees s ddeetteerminrmineed by the Compd by the Compeetent Authority. The decision on tent Authority. The decision on the fthe fiinal rnal raattes payes payaable sble shall be arrhall be arriveived at d at tthrough hrough tthe dihe disspute settlpute settlemeemennt t proceduprocedurere..
22. 22. No compensation for alterNo compensation for alteraations in or restriction of work to be carried outtions in or restriction of work to be carried out. .
22.1 22.1 If at any time aftIf at any time afteer the commencement of tr the commencement of thhe e wworkork, , the Ethe Enngineer-gineer-iin-charn-charggee, , fofor r any reason any reason wwhhatsoeatsoeveverr, , not require thnot require the we whhoolle e or anor any y part of the part of the wworork k aas s specifspecifiied ined in ththe bie bid d tto o be cbe carried outarried out; ; ththe e EnEnggiinneeeer-in-chr-in-chaarge shrge shalall give nl give nototiicce ie in n writing of thwriting of the e fafact to ct to ththe e Contractor and Contractor and wwithdrithdraaw that w that wwhole or any part of thhole or any part of the e workwork. .
22.2 22.2 The Contractor sThe Contractor shahall havll have e no claim to ano claim to anny paymy paymeents or compnts or compeensation whatsoevnsation whatsoeveerr,, on accon accoount unt oof any profit or adf any profit or advavantntage age whicwhich h hhe e might hamight havve e dederirivveed d from thefrom the eexxecuecuttiioon n oof wf work ork in full or on accounin full or on account ot of any lof any losss incurred for idle men s incurred for idle men and machineand machinery ry dduue e tto o aanny ay alteration olteration or rer resstritriction oction of wf work for ork for wwhhaattsosoeever ver rereaason. son.
22.3 22.3 The EnginThe Engineeer-in-cher-in-charge arge mmay say supplement thupplement the we woork rk by enby engagaging anothging anotheer ar aggenency cy tto o eexxecute suecute succh h portion portion of of the work, the work, without without pprreejujuddiicce e tto ho hiis s ririgghtshts..
23. 23. No Interest Payable No Interest Payable
No interest shall be payable to the Contractor on any payment due or awarded by any No interest shall be payable to the Contractor on any payment due or awarded by any authority. authority.
24 24 Recovery from Contractors Recovery from Contractors
Whenever any claim against the Contractor for the payment arises under the contract, Whenever any claim against the Contractor for the payment arises under the contract, the Department may be entitled to recover such sum by: the Department may be entitled to recover such sum by:
(a)(a) Appropriating, in part or whole of the Performance Security and Additional Appropriating, in part or whole of the Performance Security and Additional Performance SecuriPerformance Security, ty, if if aanyny; a; and/or Snd/or Seecuricurity ty DDepeposit and / or any osit and / or any ssums pums payabayablle e under thunder the e contrcontraact ct to to ththe coe connttractor. ractor.
(b)(b) If the amount rIf the amount reeccoveoverrll-d in accordanc-d in accordance we with ith ((a) a) aabovbove e iis s not sufficinot sufficieentnt, , ththe e balance balance susum may bm may be e rerecocoveverered fd frroom m anany py paaymymeennt due t due tto the conto the contrractactor uor unnder ader any other ny other concontrtraacct t of of ththe de departmentepartment, , incluincludidinng tg the he sseecucurritiities es which becomwhich become de duue e for releafor releasese..
(c)(c) TThhe de deeppaartmrtmenent t shshaallll, , ffururther havther have an additionae an additional ril rigght ht tto effect ro effect reeccovoveerries aies as s arrears of larrears of laand revend revennue ue under the under the MM..PP. . Land Land RReveveenunue e CoCoddee..
Page 51 of 81
25.25. Tax Tax
25.125.1 The rateThe rates s ququooteted bd by thy the e Contractor shContractor shaall be ll be ddeemed to be inclueemed to be inclussive ive oof thf the e commerccommerciial tal tax aax and othnd otheer ler levvies, ies, dutieduties, s, cceessss, t, tolloll, , tataxexes of Central and s of Central and StaStatte e GovernmenGovernmenttss, , lolocacal l bbododies ies and authoritieand authoritiess. .
25.225.2 The liability, if any, on account of quarry fees, royalties, octopi and any other taxes and duties in respectThe liability, if any, on account of quarry fees, royalties, octopi and any other taxes and duties in respect of materials actually consumed on public work, shall be borne by the Contractor. of materials actually consumed on public work, shall be borne by the Contractor.
25.325.3 Any changes in the taxes due to change in legislation or for any other reason shall not be payable to theAny changes in the taxes due to change in legislation or for any other reason shall not be payable to the contractor. contractor.
26. Check Measurements26. Check Measurements
26.126.1 The department reserves to itself the right to prescribe a scale of check measurement of work inThe department reserves to itself the right to prescribe a scale of check measurement of work in general or specific scale for specific works or by other special orders. general or specific scale for specific works or by other special orders.
26.226.2 Checking of measurement by superior officer shall supersede measurements by subordinateChecking of measurement by superior officer shall supersede measurements by subordinate officer(s), and the former will become the basis of the payment. officer(s), and the former will become the basis of the payment.
26.326.3 Any over/excess payments detected, as a result of such check measurement or 'otherwise at anyAny over/excess payments detected, as a result of such check measurement or 'otherwise at any stage up to the date of completion of the defect liability period specified in this contract, shall bestage up to the date of completion of the defect liability period specified in this contract, shall be recoverable from the Contractor, as per clause 24 above. recoverable from the Contractor, as per clause 24 above.
27. Termination by Engineer in Charge 27. Termination by Engineer in Charge
27.127.1 If the Contractor fails to carry out any obligation under the Contract, the Engineer in Charge mayIf the Contractor fails to carry out any obligation under the Contract, the Engineer in Charge may by notice require the Contractor to make good the failure and to remedy it within a specifiedby notice require the Contractor to make good the failure and to remedy it within a specified reasonable time.reasonable time.
27.227.2 The Engineer in Charge shall be entitled to terminate the Contract if the ContractorThe Engineer in Charge shall be entitled to terminate the Contract if the Contractora.a. abandons the Works or otherwise plainly demonstrates the intention not to continue performanceabandons the Works or otherwise plainly demonstrates the intention not to continue performance
of his obligations under the Contract; of his obligations under the Contract; b.b. the Contractor is declared as bankrupt or goes into liquidation other than for approvedthe Contractor is declared as bankrupt or goes into liquidation other than for approved
reconstruction or amalgamation; reconstruction or amalgamation; c.c. without reasonable excuse fails to comply with the notice to correct a particular defect within awithout reasonable excuse fails to comply with the notice to correct a particular defect within a
reasonable period of time; reasonable period of time; d.d. the Contractor does not maintain a valid instrument of financial security as prescribed; the Contractor does not maintain a valid instrument of financial security as prescribed; e.e. the Contractor has delayed the completion of the Works by such duration for the Contractor has delayed the completion of the Works by such duration for
which the maximum amount of liquidated damages is recoverable; which the maximum amount of liquidated damages is recoverable; f.f. If the Contractor fails to deploy machinery and equipment or personnel or set up a fieldIf the Contractor fails to deploy machinery and equipment or personnel or set up a field
laboratory as specified in the Contract Data; laboratory as specified in the Contract Data; g.g. If the contractor, in the judgment of the Engineer in charge has engaged in If the contractor, in the judgment of the Engineer in charge has engaged in
corrupt or fraudulent practices in competing for or in executing the contract;corrupt or fraudulent practices in competing for or in executing the contract;27.327.3 Any other fundamental breaches as specified in the Contract Data. Any other fundamental breaches as specified in the Contract Data. In any of these events orIn any of these events or
circumstances, the Engineer in Charge may, upon giving 14 days' notice to thecircumstances, the Engineer in Charge may, upon giving 14 days' notice to the Contractor, terminate the Contract and expel the Contractor from the Site. However, inContractor, terminate the Contract and expel the Contractor from the Site. However, in the case of sub-paragraph (b) or (g) of clause 27.2, the Engineer in Charge maythe case of sub-paragraph (b) or (g) of clause 27.2, the Engineer in Charge may terminate the Contract immediately. terminate the Contract immediately.
27.427.4 Notwithstanding the above, the Engineer-in-Charge may terminate the Contract forNotwithstanding the above, the Engineer-in-Charge may terminate the Contract for convenience by giving notice to the Contractor convenience by giving notice to the Contractor
Page 52 of 81
28.28. Payment upon TerminationPayment upon Termination
28.128.1 If the contract is terminated under clause 27.3, the engineer shall issue a certificate forIf the contract is terminated under clause 27.3, the engineer shall issue a certificate for value ovalue of f tthhe e work acwork accecepted pted oon n ffinainal mel meaassureuremmeentnts, s, leless ss AAddvavanncce e PPaymaymeentnts and Ps and Peennaallttyy aas is indndiiccated iated in n tthhe e ContrContract act DataData. . The amoThe amount unt sso aro arrriivveed d aat shall be dt shall be deteeterrmminineed d by by thethe EEnngiginneer-in-Chareer-in-Chargge ane and d shshaall be finll be finaal and bindinl and binding g on both ton both the pahe parrttieiess. .
28.2 28.2 PPaaymymenent t on ton teermrmiinnaattioion un unnder clder claauuse se 27.27.4 4 aabboveove- -
If the ContIf the Contracract t is teis terrmmininateated undd under er claclauusse e 2277.4 .4 aaboboveve, , ththe e EnginEngineeer sher shaall ill issssuue e aa cceertrtiifificcaatte e ffoor tr the vahe valulue oe of f ththe we work ork ddonone, the, the e rereasasononaabble le cocosst of t of rreemomovaval l of of EquipEquipmementnt, , rreeppatatririaattiioon n oof f tthhe e CCoonntractracttoror's 's ppersersonnonneel l eempmplloyoyeed d ssoolelelly y oon tn thhe e WorWorks, aks, and tnd thhe e CoConntrtracactor's tor's ccosostts s of pof prrototecectitinng g aannd d sseeccururining g the Worthe Works ks aannd ld leess ss adadvvaannce ce ppaaymymentents s rreecceeived up tived up to o tthe dhe daatte e oof thf the certe certifificaticatee, , llesess s oottheher r rereccoverioveriees s dduue e iin n tetermrms os of f tthe he cocontrantract act annd ld lesess s ttaxes daxes due to be due to be deeducductteed d aat t sosouurce arce as s pper aper appplilicacabblle e law. law.
228.8.3 3 If If tthhe e totottal al aamoumount nt dudue te to the o the EmEmplplooyeyer r eexceexceedds s anany y ppaayymement dunt due e tto o ..tthhe e ContrContraactorctor, , tthe dhe diiffffeererenncce e sshhaall be ll be rrecoecoveverred aed as s ppeer clausr clause e 24 24 aabovbovee. .
2929. . PePerfrformance Seormance Seccuriturity y ThThe e ContrContraactctoor r sshhaall hall have ve to to susubmibmit t pperferfoorrmamancnce e sseecurity and curity and additiadditioonnaal l
pperfoerforrmmaanncce se seeccuurirityty, , iif f ananyy, as s, as sppeeccififiied ed iin thn the e BiBid d DDaatta Shea Sheeet t aat tht the e titime me oof signif signinng g
oof tf thhe e ccoonnttrractact. . TThhe coe conntrtractactoor shalr shall l hahavve te to o eennssuurre e ththaat t ssuucch ph pererforformance mance sesecurcuriitty y
and and aadditiondditionaal l ppeerforforrmmaanncce see seccuriturity, y, if anyif any, , rreemmaainins s vvalialid d fofor r the period the period as spas speecciiffieied d
in tin thhe e CCoontrntraacct t DDatataa. .
30.30. SSecuecurriitty Deposit-y Deposit- , , 30.30.1 1 SSeeccurity urity DDepepososit it shshaalll be l be dededucted from eaducted from each ch rrununnining ng bbiill ll aat tt the he rratate as e as specifispecifieed d
iin tn thhe Contrace Contract Datt Dataa. . TThhe e ttoottaal l aammoount unt oof f SSeeccuuritrity y DDepepoossit it sso do deeduducctted ed sshahalll nol not t eexxcceeed ted the he pperceercennttage age oof f CContontraract Prict Price ce specspeciifified ed iin n tthhe e ContContrract Dact Daattaa. .
3030..2 2 TThe he sseeccuurritity dey deppoossit it mmay be ay be reprepllaacced bed by equy equiivalvaleennt t amamooununt ot of bf baank gunk guaarraantntee ee oor r fifixxed ed ddeepoposisit rt receeceiippt t aassssiiggnened d to to tthe Emhe Emploployyeer, wr, with ith vvaalidity up to lidity up to 3 (t3 (thhreeree) ) monthmonths s bbeyeyoond nd ththe e ccoompmplleettioion of Dn of Deeffecect t LiLiaabbiillitity y PPeeririod/ od/ exexttenenddeed Dd Deeffeecct t LLiiaabbiilitlity y PPeerriiod. od.
30.30.3 3 ThThe e SSeecuritcurity y DDeeppoossiit t sshhaall ll bbe e rreefundfundeed d on con coommpplleettioion on of f DDeefect Lifect Liaabilitbility Pery Perioiodd. . 3131. . Price AdjPrice Adjustmenustment t
31.131.1 AApppplilicacabilbiliitty y 1.1. Price adjustment shall bPrice adjustment shall be e applicable only if proapplicable only if provvided for in the Cided for in the Contract ontract DData. ata.
Page 53 of 81
2.2. The pricThe price e adjustmadjustmeent clause shall apply only for the works executent clause shall apply only for the works executed d frfroom the date ofm the date of
ssigning igning oof f tthhe e agreement until thagreement until the e end of end of tthhe e initinitiial intendal intendeed completion datd completion date e or or
eexxtensions granted for reatensions granted for reassons attributons attributeed to the Employer by the End to the Employer by the Enggiineneerer. .
3.3. The Contractor The Contractor sshhaall nll not bot be entitle entitleed d tto o aany ny bebenefit nefit aarrrrssmmg g from thfrom the e price adjustmprice adjustmeent nt
clausclause e for for exextension in the contratension in the contracct period for reasons attributed to the Contractor.t period for reasons attributed to the Contractor.
4.4. In the Force MaIn the Force Majjeureure ee evveent thnt the e pricprice ee escalation clause shall apply. scalation clause shall apply.
3311..2 2 PProceroceddure ure
1.1. Contract pricContract price e shshaall bll be ae adjusted for incredjusted for increase ase or decror decreeaasse in rates and price of laboure in rates and price of labour,, materials, fuels materials, fuels aand lubricants in nd lubricants in aaccordancccordance e with following principlwith following principlees ands and procproceedures and adures and as s per formula per formula ggiven in thiven in the e ccoonnttracract t dadatta. a.
2.2. The pricThe price e adjustadjustaablble e shall be detshall be deteerminrmineed durind during g each each qquauarter frter from the formula rom the formula ggiveniven in thin the contract datae contract data..
3.3. Following expression and meFollowing expression and meaanniing are ng are assassignigned ed to the work done during to the work done during eeachach qquuarartterer: :
R R == TTootal tal vavalulue e of of wowork during the qurk during the quaarterter. r. It It wowould include the amount of suld include the amount of seecurcureedd aaddvavancnce ge grantranteded, if , if aanny, y, during thduring the e ququaarrtteer, lr, less ess the the aamount of mount of sesecurcureed advanced advance rreecovcoveeredred, , if if aanny y durinduring g the quarter, the quarter, llesess vs valaluue oe of f mmatatereriial al iissssuueed by td by the departmenhe departmentt,, iif f anany, y, durduriinng g tthe he quartquarter. er.
4.4. Weight Weight agesages of vari of variousous ccomompponentonents s of thof the we work ork sshhaall be as per the ll be as per the CoConntrtracact Data. t Data.
3131..3 3 To the eTo the exxtent that ftent that fuull compll compeensation nsation ffor any rior any risse e oor fr faall in costs to the conll in costs to the conttractor is notractor is not
covercovereed bd by y ththe e prprovoviissions of this or other clions of this or other claauses in the contract, the unit rates anduses in the contract, the unit rates and
prices includprices includeed in thd in the e contcontrract shall bact shall be e dedeeemed to med to iinclude amounts to nclude amounts to ccoveover r thethe
contingenccontingency y of of ssuucch other rise or fh other rise or faall in cll in coosts. sts.
3311..4 4 The indeThe index x relevant to relevant to aanny qy quarteruarter, , fofor r which such cwhich such coompensation is paidmpensation is paid, , shall bshall be e thethe
arithmeticarithmeticaal l aaververagage e oof the indices rf the indices reelevlevaant ont of f the cthe caalendar monthlendar month. .
3311..5 5 For the purFor the purppoose se of of cclarilarity ty iit t iis s poipoinnted out that thted out that the e price adjuprice adjusstment may be eithertment may be either
positipositivve e oor nr neeggaatitiveve, , ii..ee. . if thif the e priprice adce adjujusstment tment iis in fs in faavour of thvour of the e Employer, the sameEmployer, the same
sshall bhall be e recovered frorecovered from tm the sumhe sums s payable to the Contractor. payable to the Contractor.
3232. . Mobilization and Construction Machinery Advance Mobilization and Construction Machinery Advance .~.~" "
32.32.1 1 Payment of adPayment of advvaanncces es shshalall bl be e applappliicablcable e if if proprovviiddeed in thd in the e Contract Data. Contract Data. 32.32.2 2 If applicableIf applicable, , ththe e EnginEngineeeer in Chargr in Charge se shhaall makll make e intinteerest bearing rest bearing aadvdvaancncee
Page 54 of 81
ppayment to the ayment to the ccoonntrtraactctoor of the amor of the amouuntnts sts statateed in thd in the e Contract DataContract Data, aga, agaiinnstst provision bprovision by y ththe cone contratracctor of tor of aan unconditn unconditiional onal BBanank k GuGuaarantee in a forantee in a forrm m aanndd bby y a nationala nationaliizedzed/ s/ schcheedduleuled d bbaanks, in the name anks, in the name as s stated in the Contract Datastated in the Contract Data,, iin an amounts emounts eqquuaal tl to o tthe he aadvadvance paymnce paymeentnt. The . The gguuararaantentee e shall remashall remaiin n eefffecfecttiivvee until the aduntil the advavancnce pae payment hyment haas been repais been repaidd, b, buut the amount of the gut the amount of the guaaranteranteee sshall be prohall be proggrressiessivvely ely reredduced by thuced by the e amounamounts ts rrepepaid by aid by ththe contractore contractor. .
32.3 32.3 The The rrate oate of f iintenterreesst t cchhargeaargeable shalble shall l be be as as pper er Contract Data. Contract Data. 32.4 32.4 The construction mThe construction maachichinenery ary addvance, if applivance, if appliccablable, e, shalshall l be limited to 80be limited to 80% % ooff
ththe e cost of construcost of construcctitioon mn macachinehinerry and y and admisadmissisibble only for nle only for neew conw conssttrructuctioionn machinerymachinery. .
32.5 32.5 The adThe advvance pance payaymmeent nt sshall hall bbe recovere recovereed d aas s sstated in the Contract Dattated in the Contract Data a bbyy deddeduuctincting g pproropportortiionaonatte e amounts famounts frrom om paypayment ment ototheherrwise due twise due to to thhee ContractorContractor. . NNo accouo account shall be taken of thnt shall be taken of the e aaddvvaancnce e papayymmeent or itnt or its s rreecocoveverry y iinn assessassessiing valung valuaatitionons s of of wowork done, varrk done, variiatatiioonsns, p, pricrice adje adjuusstmentstments, , compcompeennsatsatioionn eeventsvents, , oor lir liququiiddateated d ddamages. amages.
33.33. Secured Advance Secured Advance 3333..1 1 Payment of S Payment of Seecucurred Advaned Advance ce sshall be applhall be applicabicable le iif pf prrovidovideed in the Contract d in the Contract
Data.Data.33.2 33.2 If applicablIf applicablee, th, the Ee Enngginineeeer r sshall make hall make adadvance pvance paayment against matyment against mateerialrialss
intinteended for nded for bbut ut nonot t yyet et ininccororppororaated in tted in the he WWorkorks s aand nd aagainst progainst provviisisioon bn by y tthhee contractor of contractor of an unan unccoonnddiittional Banional Bank k GuarGuaranteantee ie in a n a form and by a nationform and by a nationaalliizezedd// scheduled bscheduled baanknk, , in the nin the naame as stated in thme as stated in the e CoConntract Dtract Daatata, , in amounts in amounts eeququaal tl too the advance the advance paymenpayment. Tt. Thhe ge guauarantee shrantee shalall l rreemamain effin effecective until the tive until the advadvaannccee payment hpayment has been aas been addjusjusteted, d, but thbut the ae amomouunt nt oof tf the he guarantguaranteee she shaall bll bee progressiprogressivveelly y reducreduceed bd by y the amounthe amountts s aadjudjusstteed d by by ththe e coconntractor. tractor.
3333..3 3 The aThe ammount ount of secof secuured ared advdvaance annce and cond conddiittioions to ns to bbe fue fullfifilllled ed sshahall be asll be as stipulated in the Contract Datastipulated in the Contract Data. .
33.4 The Se33.4 The Seccured ured AdvaAdvannce ce ppaaid id sshahalll be rl be reecovercovered aed as s sstattateed d iin the Contract Dan the Contract Dattaa. .
34. Payment Certificates 34. Payment Certificates ThThe e payment to tpayment to the conthe contraractoctor r wwill be aill be as s follfollows ows for for ccononsstructructtion worion workk: :
(a(a) ) The ContThe Contrraaccttor shalor shall l ssuubmbmiit t to the Ento the Engginineer eer mmontonthlhly y stastattementements s oof f ththe e vvalalue ofue of the work ethe work exxeeccututed ed leless tss thhe e cumulative cumulative aammooununt t certified previously, sucertified previously, suppporportteedd wwith detith detaailed miled measureasuremeemennt of the itemt of the items s oof f wwoork rk exexeeccuteutedd. .
(b) (b) The EngThe Engiineneer ser shhaalll l cchhececk k tthhe e ContracContracttoror's 's mmonthonthlly sy sttaatement and ctement and ceerrtify ttify thhee amount to bamount to be e paid paid to to the Cthe Coontractorntractor. .
((cc) ) The value of The value of wwork eork exxecuted ecuted sshall be determined, bashall be determined, baseed on the measurements d on the measurements
approved by the Enapproved by the Engigineer/ Engineer-in-charneer/ Engineer-in-charggee. .
(d) (d) The value of work eThe value of work exxecuted shall comprise the ecuted shall comprise the vvalue of the quantities of the alue of the quantities of the
Page 55 of 81
iitems in the Bill of Quantities completedtems in the Bill of Quantities completed. .
((ee) ) The value of The value of wwork exork exeecuted shall also include the cuted shall also include the vavaluation of Variations and luation of Variations and
Compensation EventCompensation Eventss. .
(f) (f) All paymentAll payments s shshaall bll be e adjuadjusstteed for dd for deeductions fductions foor adr advvance payment, security ance payment, security
deposit, othdeposit, otheer recovr recoveerieries s in terms of cin terms of coontrntract act anand d ttaaxxees at sous at sourrce ace as s applicablapplicable e
under the launder the laww..
((gg) ) The Engineer may The Engineer may exexcludclude ae any item certified in ny item certified in a a preprevvious certificate or reduceious certificate or reduce
the proportion of anthe proportion of any y ititeem previously certified in any certificm previously certified in any certificaate te iin the light ofn the light of
later informationlater information..
(h(h)), , Payment of intermPayment of intermeediatdiate e cceertificate shall brtificate shall be e reregagardrdeed ad as s paympaymeentnts s by way of by way of
advance agadvance agaiainst thnst the e finfinaal pl payayment and not ment and not aas ps payayments for work actually done ments for work actually done
and completand completeed.d.
(i) (i) Intermediate payment shall not preclude the Intermediate payment shall not preclude the rreequiring quiring of bof baad, d, ununssound ound and and
imperfect or unimperfect or unsskilled killed wowork to be rk to be rremoved and temoved and taaken awken awaay and recony and reconsstructedtructed
or be consideror be considereed as an d as an aadmidmissssiion of thon of the e dudue e ppeerformrformaancnce e of the contractof the contractoor anyr any
part thereofpart thereof, , in any respein any respecct or tht or the e occurring of anoccurring of any y claim. claim.
(j) (j) The payment of final The payment of final bbill ill sshhaall be goll be govvernerneed bd by y ththe pre proovviissions of ions of claclause use 36 o36 off
GCeGCe. .
EE. . Finishing the Contract Finishing the Contract
35.35. ComplCompleetitioon Cen Cerrttiifficicate ate 35.1 35.1 A Completion CertificatA Completion Certificate e in thin the pe prescribed formrescribed formaat in t in ContrContraact Data ct Data sshahall be ll be
issued by thissued by the e EngineEngineeer-inr-in--CharChargge after phe after phyysicsicaal l ccomplompleettiion of the Work. on of the Work.
3535..2 2 After final payment to thAfter final payment to the e Contractor, a Final Contractor, a Final CComplompleetion Ction Ceertrtiificate in thficate in the e
prescribed format in the prescribed format in the ContContraract Dct Data ata sshhaall ll bbe issuee issued d by the Engineer-in- by the Engineer-in-
ChaChargerge. .
3366. . FFinal Account inal Account
3636..1 1 The ContractThe Contractoor r sshhaalll l supsuppply the Enginely the Engineeer r wwith a detaiith a detaileled account of thd account of the e ttootatal l
amount thamount thaat tht the e CCoontrntracactor considertor considers pays payaablble e for wofor worrks under the Conks under the Conttracract t
wwiitthhiin 21 dn 21 daayys s oof f ississuue e of of cercertificattificate e oof f pphhysysiiccal coal commpletion opletion of f woworrksks. . ThThe e
EngineEngineeer sr shahalll l isisssuue e a a DDefeefects Licts Liaability Certibility Certifificcatate e aannd d cercerttifify y any paany payyment ment tthhaat t iis s Page 56 of 81
due to thdue to the e ContrContraactctoor r wwitithhin in 445 d5 daays of rys of receceeiivinving g ththe e CoConntractortractor''s accous account nt iif it f it iis s
ccoorrerrect anct and d ccoommpplleette. e. IIf f tthhe ae account ccount is not is not ccororrreecct t or or ccompomplleteete, , ththe e EEnngigineer neer
shall issue shall issue wwithin 4ithin 45 5 dadays a ys a schedule thschedule thaat stt staatetes s the the sscocoppe of the correce of the correcttionions s or or
aaddddiitiontions s ththat aat arre e nnecessaecessaryry. . IIf f ththe e AcAccocouunnt t iis ss sttiilll l uunnsasatitissffaactory actory aftefter r it it hhas beas beeen n
rresesuubbmmiitttteed, the md, the maatttteer r sshhaalll l bbe e rereferrferreed td to o tthhe Ce Comomppeteteent Authont Authority as drity as deefinefined d
in thin the e ContrContraacct Dt Data, who ata, who sshall dhall deecide on thcide on the e aammount pount payaayable to thble to the e CConontrtracactotor r
aaffter hter heaearriinng g tthe Che Conontrtraact Or act Or annd d ththe e EEnngigineneer er in Cin Chhargearge. .
336.2 6.2 In case thIn case the accoe accouunnt t iis not rs not reececeiivved ed wwiitthhin 2in 21 1 ddayays s oof f iissssuue e oof f CCeertifrtifiicacatte of e of
CompCompletletiioon as pron as provviiddeed d iin cln claaususe e 3322..1 1 above, above, ththe e EnEnggiinneeeer r sshhaalll l pprrooceed ceed tto o
finfinaallizize the e the acacccouounnt t aand ind issussue e a a papaymeyment nt certicertificficaate te within 2within 28 8 daysdays. .
FF. . OOther Conditionther Conditions s of of CCoonntratracct t
3377. . CurreCurrenncies cies
~ ~ AlAll l paymentpayments wis will ll be be mmadade e in in IIndindiaan Rupen Rupees. es.
3388. . LaboLabouur r
38.1 38.1 The ConThe Conttractractoor r shshalalll, , unlunlesess os oththeerrwwiise se proprovided vided in in tthhe Ce Contractontract, , makmake e his his own own
aarrrraannggememeenntts s fofor r tthe ehe enngaggagemeement of nt of aalll l ssttaafff f aannd d llaaboubourr, , loclocaal or l or otherother, and f, and foor r
thetheiir pr paayymmeenntt, , hhoouussiinng, fg, feeeedinding g and tand trraannsporsportt. .
3838..2 2 ThThe e CoConntratraccttoor sr shahalll, l, if rif reqequuirireed d bby y ththe e EEnngiginneeerer, , ddeelliivever r tto to thhe e EnEngginineeeer r a a rretetururn n
in in ddetaetailil, , in in ssuch uch foform rm aannd ad at sut such ch intinteerrvvaalls s as as tthe he EEnginngineer meer maay y pprescrescrribeibe, ,
sshohowwining tg thhe ste staaff anff and td thehe numbnumbeerrs s of thof the e sseevvereraal l ccllasses asses of labour from tof labour from tiimme e tto o
titimme e ememppllooyyeed d bby ty thhe e CCononttraracctotor on tr on the Sithe Site ane and d ssuucch oh otthheer infor informarmattiioon n aas s ththe e
EnEngingineeeer r mamay ry reqequireuire. .
39.39. CComplompliiance ance with with Labour Regulations Labour Regulations
3399.1.1. . During continuance of the During continuance of the CContract, the Contractor and his subontract, the Contractor and his sub--Contractors shallContractors shall
abide at all times by all abide at all times by all eexisting labour enactmentxisting labour enactments s and rules made there under,and rules made there under,
regulations, notifications and bye laws of the Stregulations, notifications and bye laws of the Staatte e or Central Government or localor Central Government or local
authority and any authority and any oother labour law (includinther labour law (including g rules), regulations, bye laws that mayrules), regulations, bye laws that may
be passed or notification that may be ibe passed or notification that may be isssusueed under any labour law d under any labour law iin future either byn future either by
Page 57 of 81
the Stthe Staate or the te or the __Central Government or the local authority. Salient fCentral Government or the local authority. Salient feeatures of somatures of somee
of the major labour lawof the major labour laws s that are applicable to construction industrthat are applicable to construction industry y arare e gigivven in theen in the
Contract Data. The ContractoContract Data. The Contractor r shall keshall keeep the Employer indemnified in case anyp the Employer indemnified in case any
action is takaction is takeen an aggainst the Employer by the competent ainst the Employer by the competent aauthorituthority y on on aaccount ofccount of
contravention of any of the pcontravention of any of the prrovisions of any Act or rulovisions of any Act or rulees mads made e thetheiir underr under,,
regulationregulations s or notifications including amendments or notifications including amendments ... . If thIf the e EmploEmployyer is caused toer is caused to
payor reimburse, such amounts as may be necpayor reimburse, such amounts as may be neceessarssary y to cauto cause se or observe, or for non-or observe, or for non-
obsobseervance of the provisions rvance of the provisions ''stipulated in the notistipulated in the notiffications/ byelaws/ Actsications/ byelaws/ Acts/ / RulRuleess//
regulations including amendmentregulations including amendmentss, if any, on the part of the Contract, if any, on the part of the Contractoor, thr, thee
Engineer/Employer shall have the riEngineer/Employer shall have the rigght to deduct from any money due ht to deduct from any money due tto theo the
Contractor including his Contractor including his ~~amount of pamount of peerformrformaance nce sesecurity. The Employer/Engineercurity. The Employer/Engineer
shall also have right to recoshall also have right to recovver from the Contrer from the Contracacttoor any sum r any sum rrequirequireed or d or eestimated tostimated to
be required for making good the loss or dbe required for making good the loss or daamamagge suffered by the Employer. Thee suffered by the Employer. The
employees of the Contractor and the Sub-Contractor in no casemployees of the Contractor and the Sub-Contractor in no case e shall bshall be e tretreaated asted as
the employees of the Emplothe employees of the Employyer er aat ant any y point of timepoint of time. .
4400. . AAuudidit and t and TTechnical Examinaechnical Examinattioionn
Government shall havGovernment shall have e ththe e ririgght to cauht to cause se an audit and technical examination of thean audit and technical examination of the
wworks and the finorks and the finaal bill of thel bill of the contract including all sucontract including all suppporting vouchersporting vouchers, , abstractabstract
etc. to be made aftetc. to be made afteer payment r payment oof thf the e final bill and if as a rfinal bill and if as a resesulult t of such audit andof such audit and
technical etechnical exaxaminminaation any tion any ssum is found to have been overpaid in respect of anyum is found to have been overpaid in respect of any
work done by the contractor under the work done by the contractor under the ccontontrraacct or any t or any wwork claimork claimeed by him to haved by him to have
been done under the contract and found not to, have been ebeen done under the contract and found not to, have been execxecuted, the Contractoruted, the Contractor
shall be liable to refund the amount of overpayment and it shshall be liable to refund the amount of overpayment and it shaall be lawful forll be lawful for
GovGoveernment trnment to o recover the same frecover the same frrom him in the manner prescribed in om him in the manner prescribed in clauclause se 2244
aboabove ave and if it is found that the Contractor nd if it is found that the Contractor wwaas s paid lpaid leess than what ss than what wwaas ds duue e tto o him,him,
under thunder the e contrcontraact in respect of any ct in respect of any wwork eork exexecuted by him under it, the amount ofcuted by him under it, the amount of
such under payment shall be duly paid by Govesuch under payment shall be duly paid by Goverrnment to the Contractor. nment to the Contractor.
4141. . DeatDeath h or Permanent Invalidity oor Permanent Invalidity of f ConContrtracacttoor r
If the CoIf the Connttraractoctor is an ir is an inndividividdual ual oor a r a propropprriieetary contary concceernrn, , ppaarrtnershtnershiip concep concernrn, , diedies s dduurriningg Page 58 of 81
tthe curhe currency of the rency of the ccontracontract ot or ber becomcomes pes peermanenrmanently tly inincapaccapacititatateedd, where t, where thhe e susurrvivviviinngg
partpartnerners s aare ore onlnly y mmiinorsnors, , tthhe coe contntrract shaact shalll be cl be clolosseed witd withohout ut lelevvying anying any y dadammaagges/es/
comcompenpenssaattion as provideion as provided fod for r iin n clause clause 28.2 28.2 oof tf thhe contre contraact ct agagrreemeeemenntt. . HoHowevweveer, r, if tif thehe
compcompeetetent nt auauththorority ity iis s sasatitisfsfiieed d aabobouut t ththe compee competetence of thnce of the se survurviivorsvors, , ththeen n tthhe compee compettenentt
auautthhororiity ty sshall hall enentteer r iintnto a o a ffreresh agreemsh agreemeent fnt for or ththe e reremainmainining wg worork sk strtricictltly on y on ththe sae samme e tterermmss
aannd cod conndditionitions s uunnder which the conder which the conttrract act wawas aws awaarrdedded. .
42.42. JJurisdicturisdictiion on
ThiThis cos contract hantract has s bbeeeen n eentnteerreed into thd into the e StatState oe of Mf Maadhya Pradesh and its dhya Pradesh and its vvaliditalidity,y,
conconsstructiontruction, , intinteerrpprreettatioation n aand lend legagal l eeffffect ect shashall bll be se subjectubjecteed to the courtd to the courts as at t tthhe e pplalaccee
whwheerre e ththis agreeis agreemmenent it is ens entteerred ed iinnttoo. . NNo o oottheher r jujurrisisddiictictioon n sshall bhall be e applicapplicaablble. e.
[ End of GCC] [ End of GCC]
Page 59 of 81
Contract DataContract Data
GCCGCC CLAUSECLAUSE
PARTICULARSPARTICULARS DATADATA
1.141.14Employer Employer
Municipal Corporation/Municipal Council, their Commissioner/Chief Municipal Officer.
1.151.15
EngineerEngineer
In the case of Gwalior Municipal Corporation relevant ExecutiveEngineer. In the case of Municipal Council relevant ExecutiveEngineer if available otherwise Divisional Executive Engineer.
1.161.16
Engineer in ChargeEngineer in Charge
Engineer posted on the senior technical post in Gwalior Municipal Corporation, which may be at junior levels from Executive Engineer.(Like Assistant Engineer or Sub-Engineer).
1.221.22 Stipulated Period of Completion Stipulated Period of Completion 33 Language & Law of contract Language & Law of contract
Address & contract details of the Address & contract details of the contractorcontractor
44 Address & contact details of the Address & contact details of the Employer/Engineer, Phone, Fax, E-mailEmployer/Engineer, Phone, Fax, E-mail
55
66
Subcontracting permitted for the Contract Subcontracting permitted for the Contract value.value.
The contractor may subcontract upto 25 percent of the contract price with the approval of the Employer in writing, but will not assign the contract. Subcontracting shall not alter the contractobligations.
Technical Personnel to be provided by the Technical Personnel to be provided by the contractor.contractor.
the appellate authority will be Like Assistant Engineer or Sub-Engineer
Penalty, if required Technical Personnel Penalty, if required Technical Personnel not employed not employed
1010 SpecificationsSpecificationsDrawingsDrawings
1212 Competent Authority for deciding dispute Competent Authority for deciding dispute under for Dispute Resolution Systemunder for Dispute Resolution System
the appellate authority will be Superintending Engineer/City Engineer.
Appellate Authority for deciding dispute Appellate Authority for deciding dispute under Dispute Resolution Systemunder Dispute Resolution System
1313 Period for submission of updated Period for submission of updated construction programconstruction programAmount to be withheld for notAmount to be withheld for notsubmitting construction program in the submitting construction program in the prescribed periodprescribed period
Page 60 of 81
Contract DataContract Data
GCCGCC CLAUSECLAUSE
PARTICULARSPARTICULARS DATADATA
1414 Competent Authority for granting Time Competent Authority for granting Time ExtensionExtension
The time will extended according to the provision of MadhyaPradesh Municipalities Act 1961 and Madhya Pradesh MunicipalCorporation Act 1956
1515 Milestones laid down for the contractMilestones laid down for the contract
If Yes, details of MilestonesIf Yes, details of Milestones
Liquidated damageLiquidated damage As per 'Annexure-P'
1717 List of equipment for labList of equipment for lab As per 'Annexure-Q'
Time to establish labTime to establish lab Field laboratory will have to establish with in 15 days from the date of agreement.
Penalty for not establishing field Penalty for not establishing field LaboratoryLaboratory
1818 Defect Liability PeriodDefect Liability Period The defect liability period of all type of road work will be 3 years.In other case it will be decided by Divisional Executive Engineer case to case.
2121 Competent Authority for determining Competent Authority for determining the ratethe rate
The competent authority to set the rates will be Superintending Engineer/City Engineer /E-in-C.
2727 Any other condition for breach of Any other condition for breach of contractcontract
1. Apart From The other Deduction as per Rule, One Percent Penalty per Week will be Deduction on the Sanction Cost if The Contractor /Agency is unable to Complete the Task Within Specified Time After The Issuance of Work Order .2 Other conditions to be determined by the Municipal Corporation in each case.
2828 Penalty Penalty Penalty Shall include:(a) Security deposit as per clause 30 of General conditions of contract.
and(b) liquidated Damages imposed as per clause 15 or Performance security (Guarantee) including Additional Performance Security (Guarantee), if any as per clause 29 of General condition of contract, whichever is higher.
2929 PPeerformarformanncce e gguuaarrananttee (Seee (Secucuritrityy) ) sshhaalll l bbe e vvalaliid d up toup to
Three months beyond the completion of defect Liability Period(Maintenance Guarantee Period)
Page 61 of 81
SSeecuritcurity y DDeepopossiit t tto o bbe de deedduuctected d ffrrom om eeaacch rh runnunniinng bg billill At the rate of 5% of Gross Amount of Running Bill
3030 MaMaximximuum lm liimit mit oof f ddeedducucttioion n oof f SecuritSecurity y DepoDepossit it
Up to 5% of Final Contract Amount.
3131 Clause 31.1 (1) Price adjustment Clause 31.1 (1) Price adjustment shall be applicableshall be applicable
(b) Price Adjustment shall be applicable only in case of probable amount of contract (PAC) in NIT is more than Rs. Ten Cr. This clause shall not have any bearing with the Contract amount.
Clause 31.2.4 Weight ages of Clause 31.2.4 Weight ages of Component in the work Component in the work
3232 Clause 32.1 MoClause 32.1 Mobbililizizaation tion aannd d CoConnsstrutrucctitioon n MMachachiinneery Adry Advancvance e AppApplliicacabbleleClause Clause 3232..2 2 IIf yf yeses, , UnconditiUnconditional Baonal Bannk k GuGuaarraannteteeeClause 3Clause 322..3 If 3 If yeyess, , RatRate e of intof inteerreesst t cchaharrgegeabablle advances e advances Clause 32.4 IClause 32.4 If yf yeses, , TType ype & & AmAmoouunnt t of of AdAdvvaannce ce ppaayymmenent t ththaat ct ca a n n bbe e ppaiaiddClause 32.Clause 32. 5 5 IIf yf yeses, , RecRecooveverry y of of aadvdvaancence ppaaymymeentnt
3333 Clause 33Clause 33..1 1 Secured ASecured Addvancvance e AppAppllicabicablle e Clause 33.2 Clause 33.2 iif f yes, Uyes, Unncocondndiittiiononaal l Bank Bank GuaranteeGuaranteeClause 33Clause 33.3.3 if if yes, Amoyes, Amouunt ont of f SSececureured d AdvaAdvannceceClause Clause 3333..4 i4 if f yeyess, , RecoRecoveverry y of of SeSecucurreed d aaddvavancence
3535 CCoompmplletion Certificetion Certificatate - e - aaftfteer r pphhysysiical cal ccoommplpleettiion of the on of the WoWorkrk
As per 'Annexure-U'
FinFinaal Completion Cel Completion Cerrttiifificacate te - - aafter ffter fiinnaal l payment on comppayment on complleettiioon n of of the work the work
As per 'Annexure-V'
3636 CCoompetent Aumpetent Autthorithorityy
3939 SSaalliieent fnt feeatures of some of tatures of some of the he mamajjoor r llaabour lbour lawaws s tthat are hat are aapplicpplicaablblee
As per 'Annexure-W'
4141 CompeCompettent Authoritent Authorityy
Page 62 of 81
Annexure – NAnnexure – N
(See Clause-10 of Section 3 – GCC)(See Clause-10 of Section 3 – GCC)
DRAWINGDRAWINGList of Drawing ;-List of Drawing ;-
Page 63 of 81
ANNEXURE –OANNEXURE –O
Details of MilestonesDetails of Milestones
Page 64 of 81
Annexure – PAnnexure – P(See Clause-15 of Section 3 – GCC)(See Clause-15 of Section 3 – GCC)
CCoompenmpensasatitioon fn for Dor Deelalayy
IIf f ththe e contracontracctor ftor faailils to as to achchieievve te the milhe mileestonstoneses, a, annd td thhe dee dellay ay in in exexeeccututiion oon of work f work iis s
aattttrributibutaablble e to thto the e contrcontractactoror//ththe e EmplEmplooyyer sher shaalll l rreettain an ain an aamounmount ft from trom the he ssuumms s
papayabyable and dle and duue e to the to the ccontrontraactor ctor aas ps per fer folloollowwiinng g sscacalle e - -
h.h. SSlipplippage age uup to 25p to 25% in % in finfinaancial ncial ttarget durarget duriinng tg the he mmiilleessttonone e unundeder r conconsideratsideratioion n -- 22..55% % of thof the woe worrk rk reemmaainineed d ununexeexecutcuted ed iin n ththe e rerellaatteed d ttimime e spspaann. .
iiii. . SliSlippppage eage exxceceeediding ng 2255% % but Up to but Up to 5050% % in fin fiinnaancinciaal l tatargerget t dduuriring tng thhe me miilleesstontonee under consunder consiidderaeratiotion n 55% % of tof the he wwoorrk rek remmained unained uneexxecutecuteed in d in tthe rehe relatlateed time spad time spann .. ..
iiiiii. . SlippSlippagage e eexxceceeeddiinng g 5050% % but but Up Up to 75to 75% % in finin finaancinciaal l ttaarrget dget duuriring ng tthe he milmileessttononee undundeer conr conssidideratioeration n -7-7..55% % oof f the the wwoork rk rreemaimainened d uunexecunexecutted ied in n ththe e rreelalatted timeed time sspan pan ... .
iviv. . SlippaSlippagge e exexcceeeedidinng g 7755% % iin n finfinaancincial al ttaarrgeget durint during g ththe e mmiilleestone undstone undeerr ccoonnsisidderaerattioion n --1010% % of thof the we woork rrk rememaainined ed uunexnexecuteecuted d in in ththe e rrelelaateted timd time e spspaan. n.
NoNotte: e: FoFor r aarrirrivvining ag at tht the e ddatates es of compof complletietion of on of ttimime se spapan n rerellaatted ed tto diffo differeerent nt mmiilleestonestones, s,
ddeelalays wys which ahich are not attre not attrribuibutabtablle te to the Contro the Contractoactor r sshhaalll be l be coconnssideridereedd. . The The ssliplippage page
on any mon any miillestonestone e iis s if if mmade gade gooood d iin n susubbsseeqquuenent t mmiillesesttoonnees s oor at r at the the titimme e oof f
stistippululaated ted perperiod iod oof f comcomplpletioetion, tn, thhe e aamount mount rerettaainineed d as aas abbovove e sshall be rhall be reefufunnddeded. . IIn can cassee
tthe wohe worrk is not k is not cocompmpletleted wied witthin the hin the stipstipululateated d peperriiood od of f compcompletion letion aalonlong g wiwith th aall ll ssuchuch
exextteennsiosions ns wwhichich are gh are grraantnteed td to the Coo the Contntraractctor or for eithfor eitheer Emr Emppllooyeyerr's 's
ddeeffaauullt or Fort or Force ce MMajajeeururee, , tthhe e ccoommppeensnsaatitioon n sshhaall bll be e lleveviieed d oon the conn the contratractctor at tor at thhe e
rratate e of 0of 0..0505% pe% per r day day of of ddeellay ay llimimiitted to ed to a a mmaaxxiimum omum of 1f 100% o% of cf coontrntraact ct ppriricece. . TThehe
ddeeccisisiioon on of f SuSupperierintntendendiinng g EngineeEngineer r sshahall be fll be fiinnaal l aand bind binndinding g upoupon bon both th ththe e partiesparties
Page 65 of 81
Annexure - QAnnexure - Q(See Clasue-17 of Section 3- GCC)(See Clasue-17 of Section 3- GCC)
LIST OF EQUIPMENT FOR QUALITY CONTROL LABLIST OF EQUIPMENT FOR QUALITY CONTROL LAB
Page 66 of 81
Annexure – RAnnexure – R(See Clause-31 of Section 3 – GCC)(See Clause-31 of Section 3 – GCC)
PRICE ADJUSTMENTPRICE ADJUSTMENT
TThe formulas for he formulas for aadjdjususttmment ent oof f pprriice ce aare are as s ffoollllowow: :
R R = = Value oValue of wf woorrk k aas s dedeffiinneed in Claud in Clausse 31e 31..2(2(3) 3) of Gof Geenneeral ral CConditions of Cononditions of Conttrracact t
WWeeiightagesghtages* * of compoof componnent in ent in tthe work he work
SS..No No CCoomponemponent nt PPeercentage of rcentage of
componencomponent t in the work in the work
1 1 CCeemmeennt t - P- Pc c 2 2 SStteeeel l - P- Pss 3 3 BBituitumemen n - - PPbb 4 4 PPOL OL - - PPff
WeWeiightghtagages of ves of vaaririouous s comcompoponneenntts of s of tthhe woe worrk k shashall ll bbe e aas determines determined d by by ththe e competcompeteent nt tteecchhnnical ical ssaanctnctiion authoriton authorityy. .
AAddjusjusttment for cement compment for cement compoonent nent
((iii) i) PPririce ce aadjudjuststmmeennt ft for or iinc;enc;eaase se oor r ddecreecrease iase in n tthe coshe cost t oof cf ceement proment proccurureed bd by thy the ce controntracactotor r sshahalll be pl be paaid id iin an accccordordaancnce e with the fowith the folllolowwiing ng fformormuulla: a:
VVcc= = 0.80.85 5 x x ppcc/100 x R x /100 x R x (C(C11-C-COO)/)/CCoo VVcc= = iincrncreaease se or dor decreasecrease e iin tn the cost of he cost of wworork k ddurinuring g the mthe moonth under Connth under Conssidideerraattiioon n ddue ue
to chto chaanngeges is in n rratatees fs foor r cecemementnt. . CCoo= = ThThe e alall Il Innddia ia wwholesale holesale ppricrice ie inndedex x for for GrGreey y cceement ment oon n ththe e ddaatte of oe of oppeenining ong of f
BiBids ads as s ppuubblliisshhed ed by by tthhe Me Miniiniststrry oy of If Inndudussttrriiaal Dl Deevevelolopmentpment, , GovGoveernrnment oment of f IndiIndiaa, , NNeew w DDelelhihi. . ((www.www.eaineaindusdustrytry..ninicc..inin) )
CC11= = TThe he all Iall Inndidia a aveaverraage wge whhoollesesalale pre priice ce indindeex fx for or Grey cGrey ceemmeent for nt for ththe e mmoonntth h under under ccoonsnsiiddeerraattion ion aas s ppubliublisshehed by Mid by Minnisisttrry y of Iof Inndustrial Devdustrial Deveellooppmmeenntt, , GovGoverernnmemennt t oof If Innddiil l New New DDeelhilhi. . ((wwwwww..eoeoiinndudussttryry. . nnicic. . inin) )
PPcc= = PePerrcceenntage of tage of ccemenement comt comppoonneent ont of f ththe we worork k
NotNotee: For th: For the appe appllicaicatiotion n oof f tthhiis s clclaauusse, e, iindndex oex of f GreGrey Cy Ceemmeent hant has s bbeeeen n cchhosen osen tto o rreeppreressent ent CCeement gment grroup. oup.
AdAdjjususttment oment of f steel comsteel comppoonneent nt (iii(iii) ) PPrice arice addjjuustmstment foent for r iincrease oncrease or dr deeccrrease ease iin n tthhe cose cost t oof f ssteel proteel proccuured red by by ththe e
ContrContraactoctor sr shhaalll l be pbe paiaid d in in aaccccoorrdadancnce e wwitith h ththe e fofolllolowiwinng g formformuullaa::
Page 67 of 81
Vs= Vs= 0.85 x P0.85 x Pss x /100 x R x (5x /100 x R x (511-5-500)/5)/500 VVss= = Increase or decrease in the cost of work during the month under consideration due to Increase or decrease in the cost of work during the month under consideration due to
changes in the rates for steel. changes in the rates for steel. 5500= = The all India wholesale price index for steel (Bars The all India wholesale price index for steel (Bars and Rods) and Rods) on the date of opening of on the date of opening of
Bids as published by the Bids as published by the Ministry of Industrial Development, Government of India, New Ministry of Industrial Development, Government of India, New DelhiDelhi. . (www.eaindustry.nic.i(www.eaindustry.nic.iAA) )
SSi i = = The all India average wholesale price index for steel (Bars and Rods) for the month under The all India average wholesale price index for steel (Bars and Rods) for the month under consideration as consideration as published by Ministry of Industrial Developmentpublished by Ministry of Industrial Development, , New DelhNew Delhii. . (www(www~~eaindustry.nic.in) eaindustry.nic.in)
PPss= = Percentage of stePercentage of steeel component of the work. l component of the work.
NoteNote:: For the application of this clause, index of Bars and Rods has been chosen to For the application of this clause, index of Bars and Rods has been chosen to represent steel group. represent steel group.
AdAdjujuststmment of bitumen componenent of bitumen component t
(iv) (iv) Price adjustment for increase or decrease is the cost of bitumen shall be paid Price adjustment for increase or decrease is the cost of bitumen shall be paid in accoin accorrdance with the following formula: dance with the following formula:
VVbb= = 0.8Sx P0.8Sx Pbb/ 100/ 100xxRx( Bi- BRx( Bi- Baa) / B) / Ba a
VVbb= = Increase or decrease in the cost of Increase or decrease in the cost of wwork during the month under consideration due to ork during the month under consideration due to changes in rates for bitumen. changes in rates for bitumen.
BBaa= = The official retail price of bitumen The official retail price of bitumen aat the IOC depot at nearest center on the date of t the IOC depot at nearest center on the date of opening of Bids. opening of Bids.
BBii= = The official retThe official retaail price of bitumen of IOC depot at nearest center for the rsil price of bitumen of IOC depot at nearest center for the rs" " day of the day of the month under considmonth under consideeration. ration.
PPb b = = PPeercentage of bitumen component of the workrcentage of bitumen component of the work. .
AdjAdjuusstmtment of ent of PPOL (fuel and lubOL (fuel and lubrricanticant) ) comcomponponenent t
(V) (V) Price adjustment for increase or decreasPrice adjustment for increase or decrease e in cost of POL ( fuel and lubricant) shall be paid in cost of POL ( fuel and lubricant) shall be paid in accordance with the foin accordance with the folllowing formula: lowing formula:
VVII= = 00..85 85 x x PI/lOa PI/lOa x R x x R x ( Fi - F( Fi - Faa) / F) / Faa
VVff = = Increase or decrIncrease or decreease in ase in tthe cost of he cost of wwork during the month under consideration due toork during the month under consideration due to changes in rates for fuel and lubricantschanges in rates for fuel and lubricants. .
FFoo= = The official retail price of High Speed Diesel (HSD) at the exThe official retail price of High Speed Diesel (HSD) at the exiisting consumer pumps of sting consumer pumps of IOC at nearest center on the date of opening of Bids. IOC at nearest center on the date of opening of Bids.
Fi Fi = = The official retail price of HSD at the eThe official retail price of HSD at the exxisting consumer pumps of IOC at nearest center isting consumer pumps of IOC at nearest center for the for the is 15 is 15 ddaay of month of the under consideration. y of month of the under consideration.
PI PI = = PercentaPercentagge of fuel and lubricants component of the work. e of fuel and lubricants component of the work.
Note:Note: For the application of thiFor the application of this s clause, the price of High Speed Diesel has been chosen toclause, the price of High Speed Diesel has been chosen to represent fuel and lubricants qrouprepresent fuel and lubricants qroup
Page 68 of 81
AAnnnnexexurure e - - S S (See c(See cllauausse e 32 32 aat Sectt Sectiion on 3 3 --GCC GCC ) )
BBank Guarantee Form ank Guarantee Form ffoor r MoMobbilization and Constilization and Constrruction Machinery Advauction Machinery Advannce ce
TTo,o,________________ [n____ [naamme e of Employerof Employer] ] _____________ [_____ [aaddress of Empddress of Emplloyoyeer] r] ___________________ [n_ [naame of Contractor] me of Contractor]
In aIn accordccordaance nce wwiith th tthe phe prorovvisiisions oons of the Gf the General eneral CCoondindittionions s of Contractof Contract, , ccllause ause 3311 ((""MMobobiillizizaattiion on anand Cd Construconstructtioion Mn Maacchhiinneery Ary Addvvaanncce"e") ) oof thf the e aabboveove--mmenenttiiooned Contrned Contraacct t ___________________________________________________________ _ [[nname aame and nd aaddddreress of Css of Contontraractctoror] ] (h(herereeiinafter nafter cacalllled "ted "thhee ContractorContractor"") shal) shall l deposideposit wit witth h ___________ ___ ___________ ___ ___________ ___ ___________ [n___ [name ame oof f EmployEmployeerr] ] a a bankbank guarguaraantntee to ee to guaguarrananttee hee hiis propes proper r aannd d ffaaiithfuthful l peperformrformaanncce unde undeer the r the sasaid Clauid Clausse of e of tthe Contrahe Contracctt iin n aan n aammount of ount of ___________ ___ ___________[___[aammouount of Gnt of Guauarraanntteeee] ] ________________________________________________________ [i[inn wowordsrds)). .
We, We, ththe e ________________________________________________________[bank [bank of finof finaancinciaal l institinstitutiutioon]n], , asas iinnstrstruucted by tcted by thhe e ContrContraaccttoror, , aaggree uncoree uncondinditiontionaalllly y and and iirrrrevevocabocably ly to to gguuaaranrantetee e as as primaprimarryy oboblliigagator tor and and nonot t aas s ssuurety rety mmerereellyy, , tthhe e pavpavrnrneent nt tto o ___________ ___ ___________ ___ ___________ ___ ___________ [n___ [naammee of Empof Emploloyyeer] r] oon hin his fs fiirrst st ddeemand mand wiwitthhout out wwhhatsoever atsoever rrigight ht of oof oblibligagation on our tion on our paparrt and wt and witithohoutut his first clhis first claaiim to tm to thhe Cone Contrtraaccttoor,r,' ' in in tthhe amoune amount t not exceenot exceeddiinng g ___________ ___ ___________ [a___ [ammoouunt ofnt of guaguarranantteee]e] ___________________________________ ___ [[iin worn wordds)s). .
We fuWe futther aher aggreree that ne that no o cchhanangge or ade or additditioion n to or to or othother er modmodiificficaatitioon of thn of the e tteermrms ofs of the Contrthe Contraactor octor or r Works Works tto bo be e ppeerfrfoormed there undrmed there undeer r oor or of af anny y of the Coof the Conntract documtract documeenntts s wwhhiicchh may be made bmay be made beettween ween ___________ ___ ___________ ___ ___________ ___ ___________ [n___ [naamme e oof Emplof Employeyerr) ) and theand the ConConttraracctotorr, , sshhalall il in any n any wwaay ry release us elease us ffrroom m any lany liiabiabilliitty y ununder this gder this guuaarranantetee, e, aand nd wwe e herebherebyy wawaivive e notinoticce e of of anany such cy such chhaange, addnge, addititioion n or modifor modifiicatcation. ion.
ThiThis gs guaruaraanntee stee shhaalll remail remain n valid avalid annd id in fn fuulll l eefffefect from thct from the de date of ate of tthhe e aadvancdvancee ppaaymymeent undent under r the Cothe Contracntract unt unttiil _l ____________________________________________________ [n___ [naamme e of Empof Empllooyyer)er) rreeceiceivvees fs fuulll l rreepaympaymeent of the nt of the sasamme amoue amount front from m the Contrthe Contraactorctor. .
An amoAn amouunt nt shashalll bl be e iinsnserertteed by the d by the BBaannk or Fk or Fiinancnanciial al IInnssttitituuttiion on repreprreesensenttining g the athe amoumount nt oof f ththe e AdAdvvaannce Paymence Paymentt, and den, and denoominaminateted in d in InInddiiaan Rupen Rupees. es.
Page 69 of 81
Annexure -T Annexure -T (See clause (See clause 33 33 of Section of Section 3 3 -GCC -GCC ) )
Bank Guarantee ForBank Guarantee Form fm for Secured Advanceor Secured Advance
IINDENTURE FOR SECURED ADVANCES NDENTURE FOR SECURED ADVANCES This This iindenture made the ndenture made the ______________________day of day of ____________________20_ BETWEEN _____20_ BETWEEN _______
(hereinafter ca(hereinafter callled led tthe contrache contracttor which expression shalor which expression shall l where the context so admits or implwhere the context so admits or impliies bees be
deemed deemed tto ino inccllude his executors, administrators and assude his executors, administrators and assiigns) or the one part and the Employer ofgns) or the one part and the Employer of
the other partthe other part. .
Whereas by an agreement dated ………………….. (hereinafter called the saidWhereas by an agreement dated ………………….. (hereinafter called the said
agreement) the contractor has agreed. agreement) the contractor has agreed.
AND WHEREAS the contractor has appAND WHEREAS the contractor has appllied to the Employer that he may be aied to the Employer that he may be alllowedlowed
advanced on the securadvanced on the securiity of materials absolutely belonging to him and brought by him to the sty of materials absolutely belonging to him and brought by him to the siitete
of the works the subjof the works the subjeect of the said agreement for use in the construction of ct of the said agreement for use in the construction of
such of thsuch of the e works as he has undertaken to executive at rates fixed for the finished work (inclusiveworks as he has undertaken to executive at rates fixed for the finished work (inclusive
of the cost of materials and labour and other charges) of the cost of materials and labour and other charges)
AND WHEREAS the Employer has agreed to advance to the Contractor the AND WHEREAS the Employer has agreed to advance to the Contractor the sum ofsum of
Rupees Rupees ____________________________________________________________________________________________ on the security of materials on the security of materials
the quantities and other particulars of which are detailed the quantities and other particulars of which are detailed iin Accounts of Sen Accounts of Seccured Advanceured Advance
attached to the Running account Bill for the said works signed by the Contractor onattached to the Running account Bill for the said works signed by the Contractor on
…………………………………………. and the Employer has reserved to himself the option of…………………………………………. and the Employer has reserved to himself the option of
making any further advance or advances on the security of other materials making any further advance or advances on the security of other materials broughbrought by thet by the
Contractor to the site of the said works. Contractor to the site of the said works.
Now THIS INDENTURE WNow THIS INDENTURE WIITNESSETH that in pursuance of the said agreement TNESSETH that in pursuance of the said agreement
and in consideration of the sum of Rupand in consideration of the sum of Rupeees es ______________________on or before the execon or before the execuutiontion
of these presents paid to the Contractor by the Empof these presents paid to the Contractor by the Emplloyer (the receipt where of the Contractor dothoyer (the receipt where of the Contractor doth
hereby acknowledge) and of such further advances (if any) as may be made to him as a for saidhereby acknowledge) and of such further advances (if any) as may be made to him as a for said
the Contractor doth hereby covenant and agree with the President and decthe Contractor doth hereby covenant and agree with the President and decllare as foare as folllowslows: : That theThat the
Page 70 of 81
said sum of Rupees said sum of Rupees __________________________________________________so advanced by the Employer to so advanced by the Employer to the Conthe Conttrraactorctor
as afas afooresaresaiid and anccj aj alll l or or aany furtny furtheher r ssum um of of ssuums ms advanceadvanced as aforesad as aforesaiid d shshaall be ll be eemmpploloyeyed bd by thy thee
CCoontractor in or tontractor in or towawardrds exs expending the epending the exxecution of thecution of the e ssaaid wid wororkks and fos and for no or no otther purpher purpoosese
whatsoewhatsoever. ver.
(1)(1) That the matThat the mateerialrials s ddeettaails in the said Account of Secured Adils in the said Account of Secured Advvances which haances which have ve beebeenn offered to and acoffered to and accceeptpteed d bby ty the Employer as he Employer as seseccuuritrity y are abare absosolutely the Conlutely the Conttrraacctotorr''s s ownown propriety and frepropriety and free e from encumbrances of from encumbrances of aanny y kind ankind and d the contractor the contractor wwilill l nnot make ot make anyany appappllicicaattion fion foor or or recr receieive a ve a ffurturthher er aaddvvance ance on ton thhe e ssecurity of ecurity of mamatteerriaialls s wwhihicch are noth are not ababssololuteutelly y hihis ows own propn propeerty and rty and ffreree e from enfrom enccumbrancumbrancees of s of aanny kiy kinnd d anand d ththe e ContrContraactctoror indindeemnmnififiieed td the he EEmmpplloyoyer er aaggaainsinst alt all l clclaaims to anims to any y mamateriaterialls s iin n reresspect of which pect of which aann advaadvancnce e hahas s be made to hbe made to hiim as m as aaforforeesaisaid. d.
(2)(2) ThThat at the matthe materialerials s detdetaailed in iled in tthe he sasaid id aacccocoununt t of Secuof Securered Ad Addvvances ances aand nd aalll l otheother r materialsmaterials on thon the see seccururiity ty of of wwhich any further adhich any further advvanancce or ade or advvances may hereances may hereaaftfteer br be e mmaadde e asas aaffoorresesaaid id (he(herereaafter cafter calllleed d the the sasaiid mad matteeririals) als) sshahall be ll be uusseed d by thby the e CoConnttrractor actor ssololeelly iy in tn thehe eexecutxecution of the ion of the ssaid aid workworks s iin accorn accordadancnce e with thwith the e dirdirectectionions s of of tthe Enghe Engiinneereer. .
(3)(3) ThaThat t the Cthe Coontrantraccttoor r sshall makhall make e at his oat his owwn con cosst t all nall neecessary and acessary and adedeqquuatate e ararrraanngemengementsts fofor r the the pprrooppeer r wawattcchh, , ssafe cuafe custody anstody and d pproteroteccttiion aon aggaiainsnst at alll l ririsskks s oof f the sathe saiid matd mateerriiaals als anndd ththat at ununtil ustil useed in cd in coonnststrurucctitioon as afon as aforeressaaid the id the sasaid mid maatteeriarialls s shshaall remll remaain in aat tt thhe e ssiitte e oof tf thehe sasaiid d woworks in rks in tthe Contrahe Contracctotor'r's cs cuusstodtody ay and nd oon n his his oown wn rresesponsibilitponsibility ay annd shad shalll at al at all till timesmes bbe open te open to o ininsspepection ction bby the Eny the Enggineineer oer or r aanny y officofficeer r aauthorizuthorized ed bby y himhim. . IIn tn thhe e evevent of ent of ththee sasaiid d mmaaterteriaials or any part thls or any part theereof breof beineing sg stolentolen, dest, destrrooyyed ed or or dadammageaged od or r bbeeccoomimingng dedetteeriorrioraatted in ed in a a greater greater dedeggrreee e than is due to than is due to reareassononaable ble uusse e and and wwear thear theerreoeof f tthhee CContractontractoor will forthr will forthwwith rith repepllacace e ththe sae same me with other with other mamatterieriaalls of s of lilikke que qualalitity y oor rr reepaipairr anand d make good thmake good the se saamme e required brequired by y ththe e EEngngiineer.neer.
(4)(4) TThahat the t the said matsaid mateerriiaalls ss shhaalll nl not ot be rembe remooved ved ffrroom m tthhe e ssitite e oof f the sthe saaid id wwoorkrks s eexcxcept ept withwith the writtthe writteen n peperrmimissssion ion oof thf the e EnginEngineeeer r oor r aan n ofofficficeer aur autthorized bhorized by y him him on ton thhat at bbehaehallf.f.
Page 71 of 81
(5)(5) That the advances shall be repayable in fuThat the advances shall be repayable in fulll when or before the Contract receives paymentl when or before the Contract receives payment from the Empfrom the Emplloyer of the price payable to him for the said works under the terms andoyer of the price payable to him for the said works under the terms and provisions of the said agreementprovisions of the said agreement. . Provided that if any intermediate payments are made toProvided that if any intermediate payments are made to the Contractor on account of work done than on the occasion of each such payment thethe Contractor on account of work done than on the occasion of each such payment the Employer willEmployer will- - be at liberty to make a recovery from the Contractor's bill for suchbe at liberty to make a recovery from the Contractor's bill for such payment by deducting there from the value of the said materials than actuapayment by deducting there from the value of the said materials than actuallly used in thely used in the construction and in respect of which recovery has not been made pconstruction and in respect of which recovery has not been made prreviously, the value foreviously, the value for this purpose being determined in respect of each descrthis purpose being determined in respect of each descriiption of materption of materiials at the rates atals at the rates at which the amounts of the advances made under these presents were calculated. which the amounts of the advances made under these presents were calculated.
(6)(6) That if the Contractor shall at any time make any default in the performance or observanceThat if the Contractor shall at any time make any default in the performance or observance in any respect of any of the terms and provisions of the said agreement or of these pin any respect of any of the terms and provisions of the said agreement or of these prresentsesents the total amount of the advance or advances that may stithe total amount of the advance or advances that may sti ll ll be owibe owippg of the Employer shallg of the Employer shall immediately on the happening of such default be re- payable by the Contractor to be theimmediately on the happening of such default be re- payable by the Contractor to be the EmpEmplloyer together with interest thereon at twelve percent per annum from the date or'oyer together with interest thereon at twelve percent per annum from the date or' respective dates of such advance or advances to the date of repayment and with all costs,respective dates of such advance or advances to the date of repayment and with all costs, charges, damages and expenses incurred by the Employer in or for the recovery thereof orcharges, damages and expenses incurred by the Employer in or for the recovery thereof or the enforcement of ththe enforcement of thiis security or otherwise by reason of the default of the Contractors security or otherwise by reason of the default of the Contractor and the Contractor hereby covenants and agrees with the Employer to reply and pay theand the Contractor hereby covenants and agrees with the Employer to reply and pay the same respectively to him accordinglysame respectively to him accordingly
(7)(7) That the Contractor herebThat the Contractor hereb'f'fcharges all the said materials with the repayment to thecharges all the said materials with the repayment to the Employer of the said sum of Rupees and any further sum of sums advanced as aforesaidEmployer of the said sum of Rupees and any further sum of sums advanced as aforesaid and all costs, charges, damages and expenses payable under these presents PROVIDEDand all costs, charges, damages and expenses payable under these presents PROVIDED ALWAYS ALWAYS and it is hereby agreed and decand it is hereby agreed and decllared that notwithstanding anything in the saared that notwithstanding anything in the saiidd agreement and without prejudice to the power contained therein if and whenever theagreement and without prejudice to the power contained therein if and whenever the covenant for payment and repayment here-in-before contained shalcovenant for payment and repayment here-in-before contained shall l become enforceablebecome enforceable and the money owing shall not be paid in accordance there with the Employer may at anyand the money owing shall not be paid in accordance there with the Employer may at any time thereafter adopt all or any of the following courses as he may deem best:time thereafter adopt all or any of the following courses as he may deem best:
Page 72 of 81
(a)(a) Seize and utilise tSeize and utilise the he said materialsaid materials s or anor any py part thereof in the cart thereof in the coompletion of thmpletion of the e said said wworkorkss
on bon behaehalf olf of tf the contractor in accordanche contractor in accordance wie with the provision in that behalf containeth the provision in that behalf containedd
in in ththe se saiaid ad agreement dgreement debebitiniting g the contractor with ththe contractor with the ae actuctuaal cost of l cost of eeffectinffecting sg suchuch
ccoomplmpleetion tion aand thnd the e amamoount duunt due e to the contracto the contracttor or wwith the valuith the value e of of worwork k ddonone ae as if hes if he
had carrihad carried ed iit ot out in aut in acccordance with thcordance with the e ssaaid aid agregreement ement aand nd at tat thhe rae rattees ths theerebyreby
proprovvidideded. If th. If the e balance is abalance is aggainainsst tht the e contractorcontractor, , hhe e iis s tto o ppaay y ssame to the Emplame to the Employeoyerr
oon demandn demand. .
(b)(b) Remove and Remove and sesell ll by by public public aauctiouction n ththe e sseeiizezed md maaterials terials oor r aany part theny part thereoreof f aannd d out of theout of the
monmoneys aeys arirising sing frfroom thm the se sale rale reetain tain aall the sumll the sums s aforaforeesaid rsaid repayaepayablble e or payablor payable e tto o ththee
EmEmppllooyyeer under under r thethese pse prreseesents and nts and ppay over thay over the e sursurpplulus s (if any) to th(if any) to the e CCoonntractractor. tor.
(c)(c) Deduct all or Deduct all or aanny pay part rt oof thf the e mmooneys oneys owwining og ouut t of the security deposiof the security deposit or at or anny y sum due tosum due to
the the ConContrtractoactor under thr under the se said aid agagrereeement. ment.
(8)(8) That except in the event of such default on the part of the contractor as aforesaid interestThat except in the event of such default on the part of the contractor as aforesaid interest
on the said advance shall not be payable. on the said advance shall not be payable.
(9)(9) That in thThat in the e eveveent nt oof f any any conflict beconflict betwtween theen the e proprovviissionions s of thof theese prese presesents nts aand nd tthhe e ssaaidid
aagreemgreemeent thnt the pe prrovovisiisioonns s of of ttheshese e presentpresents ss shhaall prll prevevail and in the eail and in the evvenent t oof af anny y dispute ordispute or
differdiffereencnce are arisinising og over thver the e constconstrruuctctioion n or or efeffecfect t of these preof these presensentts s ththe e sseettlttleemmeent of nt of wwhichhich
hhas as not bnot beeen hen heere-in-bre-in-beeffoore re exexprpresessly provided for thsly provided for the sae samme e shshaall be referrll be referreed td to o tthehe
EmploEmployeyer r wwhose dechose decisision ion sshall be final and thhall be final and the e proprovviissiioon on of f the Indian Arbitrthe Indian Arbitraatitioon n AAct forct for
the timthe time e bbeeining g in force shall apply to anin force shall apply to any sy sucuch h rreeffeerence. rence.
Page 73 of 81
AAnnnexure - U nexure - U
(S(See cee cllaauuse se 35 35 oof Sf Seectictioon n 3 3 -GC-GCCC))
PhysicaPhysical l CompComplletion Certificateetion Certificate
Name of Work:Name of Work: :: ………………………………………………….………………………………………………….
Agreement No .................. ………………………, Date ..................... Agreement No .................. ………………………, Date .....................
Amount of ContractAmount of Contract :: Rs. Rs.
Name of Agency: Name of Agency: ::
Used M B No. ………………………Used M B No. ………………………
Last measurement recorded Last measurement recorded
a. Page Noa. Page No..& MB No. & MB No.
b. Db. Daate te
CertiCertiffied that the above mentioned work waied that the above mentioned work was s physicalphysicallly completed on ………….… (date) andy completed on ………….… (date) and taken over on ……………………. (date) and that I htaken over on ……………………. (date) and that I haave satisfied myself tve satisfied myself to o best of my best of my aabilitybility that that tthe work has been done properlyhe work has been done properly. .
DatDate e of issue of issue
Executive EngineerMunicipal Corporation Gwalior
Page 74 of 81
AAnnnexure - V nexure - V
(S(See cee cllaauuse se 35 35 oof Sf Seectictioon n 3 3 -GC-GCCC))
Final Final CCompomplletion Certificateetion Certificate
Name of Work:Name of Work: :: ………………………………………………………………………………………………………………………………
Agreement No .................. ……………………………., Date ..................... Agreement No .................. ……………………………., Date .....................
Amount of ContractAmount of Contract :: Rs. Rs.
Name of Agency: Name of Agency: ::
Used M B No. ………………………Used M B No. ………………………
Last measurement recorded Last measurement recorded
a. Page Noa. Page No..& MB No. & MB No.
b. Db. Daate te
CertiCertiffied that the above mentioned work waied that the above mentioned work was s physicalphysicallly completed on ………….… (date) andy completed on ………….… (date) and taken over on ……………………. (date) taken over on ……………………. (date)
Final Amount paid to contractor Rs…………………………..Final Amount paid to contractor Rs…………………………..
Incumbency of officers for the workIncumbency of officers for the work
I have satisfied myself to best of my ability that the work has been done properly. I have satisfied myself to best of my ability that the work has been done properly.
Date of issue ……………….Date of issue ……………….
Executive EngineerMunicipal Corporation Gwalior
Page 75 of 81
AnneAnnexxure - W ure - W (See claus(See clause e 39 39 af Section af Section 3 3 -GCC) -GCC)
SSalialieennt Fet Feaatures otures of f SoSomme Me Maajor Labour jor Labour LaLaws Appws Appllicicaableble
aa) ) Workmen Compensation Act Workmen Compensation Act 1923: - 1923: - The Act providThe Act providees for s for ccompensation in case of ompensation in case of iinjunjurry by accident ary by accident ariising out of and during the cousing out of and during the courrse of employment. se of employment.
b)b) PPayment of Gratuity Act ayment of Gratuity Act 19197722: : - - Gratuity is payable to an empGratuity is payable to an emplloyee under the Act on oyee under the Act on ssatisfaction of atisfaction of cceertartaiin condn condiitiotionns on separation if s on separation if aan n eemploymployeee has completed the e has completed the prescribed miniprescribed minimmum years (um years (ssayay, , five years) of service or more or on death the rate of five years) of service or more or on death the rate of prescribed minimum daysprescribed minimum days''(sa(say, y, 15 15 days} wages for every completed year of service. days} wages for every completed year of service. The Act is applicable to alThe Act is applicable to all l eestabstablilishments employshments employiing the prescribed minimum ng the prescribed minimum number (saynumber (say, , 10) or more employees10) or more employees. .
c)c) Employees P.FEmployees P.F. . and Miscellaneous Provision Act and Miscellaneous Provision Act 19521952: : The Act Provides for monthly The Act Provides for monthly ccontributions by thontributions by the e EmployeEmployer r ppllus workers us workers aat the rt the raate prescribed (sayte prescribed (say, , 10% or 10% or 88..3333%%)). . The benefThe benefiits pats payabyablle e under the Act aunder the Act arree: :
ii. . Pension or family pension on retirement oPension or family pension on retirement or r death as the case may bedeath as the case may be. .
iiii. . Deposit lDeposit liinked insurnked insuraance on the dence on the deaath in harnth in harnesess of the workers of the worker. .
IIIIII. . Payment of PPayment of P..FF. . aacccumucumulalation on retiretion on retiremment/dent/deaeath etcth etc. .
d)d) Maternity BenefMaternity Benefiit Act t Act 1951: - 1951: - The Act provThe Act proviides fodes for r leavleave e and some other benefits to and some other benefits to women employwomen employeees es iin can casse of confinement oe of confinement or r mimissccaarriagrriage e etcetc. .
e)e) CCononttract labour (Regulation ract labour (Regulation & & AboAbolliittion) Act ion) Act 1970: - 1970: - ThThe e Act providAct providees for certain s for certain welfare measurwelfare measurees to be provided by the Contractor to contract labour and in case s to be provided by the Contractor to contract labour and in case the Contractor fails to the Contractor fails to pprovide, the same are required to be providedrovide, the same are required to be provided, , by the by the Principal EmploPrincipal Employyer by Lawer by Law. . The prThe priincipal Employer is ncipal Employer is rrequired to taequired to takke Certificate of e Certificate of Registration and the Con1Registration and the Con1jjactor is required to take license from the designated actor is required to take license from the designated Officer. The Act iOfficer. The Act is s applappliicablcable te to the establo the establisishmhments ents or Contractor of Por Contractor of Pririncipancipal l Employer if they employ preEmployer if they employ presscribed minimum (sacribed minimum (say y 20) or more contrac20) or more contract t laboulabourr. .
f} f} MiMininimum Wages Act mum Wages Act 19481948: : - - TThe Employer is to he Employer is to papay noy not t less than less than tthhe Minimum e Minimum Wages fixed bWages fixed by y appropriate Government as per provisions of the Act if the appropriate Government as per provisions of the Act if the employment is a scheduled eemployment is a scheduled emplmploymentoyment. . ConsConsttrruction of buuction of buiilldingsdings, , rroadsoads, , runways runways iis s scheduled employmenscheduled employment. t.
g)g) Payment of Wages Act Payment of Wages Act 1936: - 1936: - IIt lays down as to by t lays down as to by wwhat date the what date the waageges as are to be re to be paidpaid, , when it will be paid and what deductions can be made from the wages of the when it will be paid and what deductions can be made from the wages of the workers. workers.
h)h) EEqqual Remuneration Act ual Remuneration Act 1979: 1979: - - The Act provThe Act proviides for payment of equal wages for des for payment of equal wages for work of equal nawork of equal natture to male and female worure to male and female workkers and for not making ders and for not making diiscrimination scrimination agaagaiinst female employees in the matters of transfers, tnst female employees in the matters of transfers, trairaining and promotions ening and promotions ettcc..
Page 76 of 81
i)i) PaymenPayment t of Bonuof Bonus s Act 1965: - TAct 1965: - The Ahe Act is apct is applpliiccaabblle e to to aall ell essttablabliishmshmeentnts s ememppllooyyining g prpresescribed minimum (cribed minimum (ssaayy, , 20) or more workm20) or more workmeenn. . The Act pThe Act prrovides for paymenovides for payments ts oof f aannunnual bonual bonus s wwiithithin n ththe pree pressccrribibed ed rranange oge of f ppercenercentatage ge oof wagef wages s to emto empploloyyeeees s ddrrawinawing up to g up to tthhe pre preesscribed cribed amamount of ount of wwaages, ges, ccalalcucullaatteed in thd in the e prepresscribcribeed d mmaannnener. r. ThThe e Act doeAct does ns not ot aapppplly y tto co ceertrtaain ein essttaablishmblishmeennttss. The newl. The newly y sseet-up et-up esstablitablisshmhmeentnts s are eare exxeempted mpted for fifor five yeve yeaars rs iin n cceertrtaain in cicirrccumumsstatanncceess. . StStaattes es mamay y hahave dve diiffffeerreennt t numbenumber r of of eemmppllooymymenent t ssizizee..
j)j) IInnddususttrial Drial Diispusputetes Acs Act t 11947: 947: - - TThe he AAcct lt layays s dodowwn n tthhe e mmacachhiinneerry y aannd procd proceedudurre e fofor r reressolutioolution n of of indindusustrtriiaal l ddispisputesutes, , in win whhat at sisituatuattioions ns a sa stritrike ke or locor lockk-out -out bbeeccomeomes s illeillegagal and l and wwhhaat t aarre e ththe e rereqquiruireemements for lnts for layinaying g ooff ff oor r rreettrerenncching the hing the ememplplooyyeees es oor r cloclossing down thing down the e eeststablabliisshmhmeennt. t. • •
k)k) IIndustrndustriial al EEmmppllooyymmenent t ((SStantandinding g OOrderrderss) ) AAct ct 11949466: : - It is - It is applappliiccabablle te to o aalll l eestastablblisishmhmeentnts s eemplomployyiinng pg prreesscrcriibebed minimd minimuum m (s(sayay, , lOlOaa, , or or 50). The 50). The AAct ct pprorovidevides s for lfor laaying doying down wn rruullees s ggoovveernrnining g the condithe condittioions ons of f eemmploymploymeent by the Emnt by the Emppllooyeyer or on n mattmatterers s prprovovidideed in d in ththe e AAct ct aand gnd geetts s tthheesse e cceerrtiftifiieed d bby y tthe he ddeessigignatenated d AAuuthothorriittyy. .
I)I) TrTraade Unions Act de Unions Act 1192926: 6: - T- The he AcAct t laylays s dodowwn tn thhe e prproocceedure for registration dure for registration oof tf trraadde e ununiionons os of f wwororkkmmeen ann and d EmEmpploloyyerers. s. ThThe e TTraradde e UnUniioonns s rreegigisstteered undred undeer thr the e AcAct t hhavave e bbeeeen n givgiveen n ccertertain ain iimmmumuninittiies es from from cciivvil and il and crcriimmiinnaal l lliaiabbililiittiieses. .
m)m) ChChiild ld jj.abour (Prohib.abour (Prohibiittiion on & & RegulaRegulattion) Acion) Act t 1986: - Th1986: - The e AAcct t prohibits prohibits eempmployloymmeennt t oof f cchildren belohildren below w 114 y4 yeeaarrs os of f agage in e in cceertrtaaiin ocn occupcupatatiioonns s aannd d pprroocceessssees s aannd d pprroovviidedes s for for rreegugulatlatiionons of es of empmpllooymymeennt t of of chchilildrdren ien in n aalll ol otthher ocer occcuupapatitionons and s and pprrococeessessses. . EmploEmployyment of ment of cchild lhild laabbour our is is prohibitprohibiteed in build in buildidinng g and conand consstruction industrtruction industry y . . • • r, r,
n)n) IIntenterr-State Mig-State Migrarannt Wt Workorkmmeen'n's (Regulats (Regulatiioon n of Employof Employmment ent & & CondiCondittioions ns oof f Service) Act 1979: Service) Act 1979: - - The AThe Acct it is as appppliclicaabblle e tto o an estaan establbliisshment hment wwhich hich eemmppllooyys s prprescescrriibed minimbed minimum (um (ssaayy, , fivefive) ) oor r mmorore ie inntteer-r-ssttatate e mmigigrarant nt wworkmen throrkmen throouuggh h aan n iinntteerrmedimediary (ary (wwho hho haas s rrececruruiited workted workmmen en iin onn one e ststaate te ffoor emr empploloyment yment iin n ththe e eesstabtablilishmeshment nt ssitituuaated ted in in aa~~oorrheher r statstate)e). . TThhe e IIntnteer-Sr-Sttaatte me migrant igrant wwoorkrkmmenen, , in in an an esesttaabliblisshmhmeent tnt to o wwhhicich thih this s AcAct t bbeecocommees s appappllicicablable, e, aare re rreequired to be quired to be provproviideded d ccererttaaiin fn faacicililittiiees sucs such h as as HHousousiinngg, , MMedicaledical--AiAidd, , TTravravellellining g eexpexpennssees s ffrroom homm home e uup p tto o ththe e esesttaabblliisshmhmeennt t anand d bbaacck ek etc. tc.
Page 77 of 81
o)o) The Building and Other ConstThe Building and Other Constrruction workers (Regulation of Employment and uction workers (Regulation of Employment and CConditions of Service) Act 1996 and the Cess Act of 1996onditions of Service) Act 1996 and the Cess Act of 1996: : - All the establishments - All the establishments wwhho co caarrrryyon any building or otheon any building or other r construction work and employs the prescribed construction work and employs the prescribed minminimimum (sayum (say, , 10) or more 10) or more wworkers are, coverorkers are, covereed unded under r this Act. All such this Act. All such eestablishments are stablishments are rrequired to pay cess at the rate not eequired to pay cess at the rate not exxceeding 2% of the cost of ceeding 2% of the cost of construction as may be construction as may be mmodifodifiied ed by by the Government. The Employer of the the Government. The Employer of the establishment is required to provide safety measures at the building or construction establishment is required to provide safety measures at the building or construction wwork and other welfare meork and other welfare meaasuressures, , such as canteenssuch as canteens, , first-aid facilities, first-aid facilities, amambubullanceance, , housing accommodationhousing accommodations s for for wwororkkeerrs near the s near the wwork place etc. The Employer to ork place etc. The Employer to wwhom hom tthe Act applies hhe Act applies haas to obtain a s to obtain a rreeggistration certificate from the Registering istration certificate from the Registering Officer appointed bOfficer appointed by y the Gothe Govvernmenernmentt. .
p)p) FactoriFactories es Act 1948: Act 1948: - - TThhe e Act lAct layays down the procedure for approvs down the procedure for approvaal of pll of plaans before ns before ssettettiing up a factong up a factorryy, , heheaalth and lth and ssafafety pety provisions, wrovisions, weelfarlfare e proprovvisionisionss, wor, workking hing hooursurs, , aannual earned leannual earned leavve and rendering e and rendering ininformation regarding accidents or dangerous formation regarding accidents or dangerous occurrences to desoccurrences to desiignated authoritgnated authoritiieses. I. It is applicable to premt is applicable to premiises empses emplloying the oying the prprescrescriibed minimum (sabed minimum (sayy, 10) persons or more with aid of power o, 10) persons or more with aid of power or r another another prescribed minimum (saprescribed minimum (say, y, 20) or mo20) or more pre persons ersons wwithout the aid of poithout the aid of powwer engaged in er engaged in manufactmanufactuuring procesring processs..
Page 78 of 81
SS,,ECTION 3ECTION 3
Conditions of ContractConditions of Contract
Part - II Special Conditions of Contract [SCC]Part - II Special Conditions of Contract [SCC]
Page 79 of 81
SECTION 4 SECTION 4
BBIILL OF QUANTITIES (BOQ) LL OF QUANTITIES (BOQ) GeneraGeneral l DescrDescriiption of work: ption of work:
Probable Amount of Contract: Probable Amount of Contract:
(Rs. In F(Rs. In Fiig u re) ……………………………………………………………………….……………g u re) ……………………………………………………………………….……………
(Rs(Rs. . In Wo rd s) …………………………………………………………………………………….In Wo rd s) …………………………………………………………………………………….
S.S. NoNo. .
Particulars of Item of Particulars of Item of Work Work Quantity Quantity Unit Unit Rate Rate Amount Amount
(in fi(in figgure) ure) Amount Amount
(in words) (in words) Remarks Remarks
I I III I IIIII I IV IV V V VI VI VVII II VVIII III ll. .
Total Amount (Rs. In FiTotal Amount (Rs. In Figguurere) )
TTotal Amotal Amouount nt ((RsRs. . In WIn Woorrdds) ……………………………………………………….s) ………………………………………………………._ _
Executive EngineerMunicipal Corporation Gwalior
Page 80 of 81
SECTION 5SECTION 5AGREEMENT FORMAGREEMENT FORM
AGREEMENTAGREEMENT
This agreement, made on the _____________________________ day of ___________________ betweenThis agreement, made on the _____________________________ day of ___________________ between ……………………………………………………………………………………………………(name and address of Employer) (hereinafter called " the Employer) and(name and address of Employer) (hereinafter called " the Employer) and Shri …………………………………………………………………….....(name and address of contractor)Shri …………………………………………………………………….....(name and address of contractor) hereinafter called "the Contractor" of the other part. hereinafter called "the Contractor" of the other part. Whereas the Employer is desirous that the ContractorWhereas the Employer is desirous that the Contractor execute ……………………………………………………………….(name and identification number of Contract)execute ……………………………………………………………….(name and identification number of Contract) (hereinafter called "the Works") and the ,Employer has accepted the Bid by the Contractor for the(hereinafter called "the Works") and the ,Employer has accepted the Bid by the Contractor for the execution and completion of such Works and the remedying of any defects therein,execution and completion of such Works and the remedying of any defects therein, at a cost of Rs. ………………………./- at a cost of Rs. ………………………./-
NOW THIS AGREEMENT WITNESSED as follows: NOW THIS AGREEMENT WITNESSED as follows: 1.1. In this Agreement, words and expression shall have the same meanings as are respectivelyIn this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the conditions of contract hereinafter referred to and they shall be deemedassigned to them in the conditions of contract hereinafter referred to and they shall be deemed to form and be read and construed as part of this Agreement. to form and be read and construed as part of this Agreement.
2.2. In consideration of the payments to be made by the Employer to the Contractor as hereinafterIn consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and complete thementioned, the Contractor hereby covenants with the Employer to execute and complete the Works and remedy any defects therein in conformity in all aspects with the provisions of theWorks and remedy any defects therein in conformity in all aspects with the provisions of the contract.contract.
3.3. The Employer hereby covenants to pay the Contractor in consideration of the execution andThe Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying the defects wherein Contract Price or such othercompletion of the Works and the remedying the defects wherein Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in thesum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract. manner prescribed by the Contract.
4.4. The following documents shall be deemed to form and be ready and construed as part of thisThe following documents shall be deemed to form and be ready and construed as part of this Agreement viz. Agreement viz.
i. letter of Acceptance i. letter of Acceptance ii. Contractor's Bid ii. Contractor's Bid iii. Condition of Contract: General and Special iii. Condition of Contract: General and Special iv. Contract Data v. Bid Data vi. Drawings iv. Contract Data v. Bid Data vi. Drawings vii. Bill of Quantities and vii. Bill of Quantities and viii. Any other documents listed in the Contract Data as forming part of the Contract. viii. Any other documents listed in the Contract Data as forming part of the Contract.
In witnessed whereof the parties there to have caused this Agreement to be executed the dayIn witnessed whereof the parties there to have caused this Agreement to be executed the day and year first before written. and year first before written.
The Common Seal of ____________________________________was hereunto affixed inThe Common Seal of ____________________________________was hereunto affixed in the presence of: the presence of:
Signed, Sealed and Delivered by the said _________________________Signed, Sealed and Delivered by the said _________________________ _______________________________________ in the presence of: _______________________________________ in the presence of:
Binding Signature of Employer Binding Signature of Employer ____________________________________________________________________Binding Signature of Contractor _________________________________Binding Signature of Contractor _________________________________
