GOVERNMENT OF MADHAYA PRADESH

WATER RESOURCES DEPARTMENT

Turnkey Tender Document

Office of the Executive Engineer Water Resources Division No.2 Kesli,
District Sagar (M.P.)
NIT Number and Date : -------------------------------------
Agreement Number and Date : -------------------------------------
Name of work : -------------------------------------
: -------------------------------------
Name of the Contractor : -------------------------------------
Probable Amount of Contract
(Rs. In Figure) : -------------------------------------
(Rs. In Words) : -------------------------------------
-------------------------------------
Contract Amount
(Rs. In Figure) : -------------------------------------
(Rs. In Words) : -------------------------------------
-------------------------------------
Stipulated Period of Completion : -------------------------------------

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 Appendix 2.10
Tender Document
Table of Contents

Section No Particulars Page

Section-1 Notice inviting e-tender
(Part-A)
Section-1 Detailed notice inviting tender
(Part-B)
Section-1 Detailed Scope of work
(Part-C)
Instructions to Bidders (ITB)
Section 2 Bid Date Sheet.
Annexure- A to M
Table of Clauses
Part-I General Conditions of
Contract (GCC)
Section 3 Contract Data
Annexure- N to W
Part-I Special Conditions of Contract
(SCC)
Section 4 Payment Schedule
Section 5 Agreement Form
Section 6 Circulars and Orders

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 SECTION 1
(Part-A)
Notice Inviting e-Tenders
Government of Madhya Pradesh
Water Resources Department
N.I.T. No. 583/2017-18/E-in-C/e-tendering/ Bhopal Dated 28-02-2018

Online bids for the following works on turnkey basis are invited from registered contractors registered
with MPPWD in centralized registration system and firms of repute fulfilling registration criteria:

S.No./Pkg Work District(s) Probable Amount Completion

/Code (Rs. in lakh) Period (months)

10424 ON TURN KEY BASIS- Sagar (M.P.) Rs.1601.41 lakhs 12 Months (Twelve
Construction of Earth Months including
Work,Lining and Structures rainy season)
Work of Sonpur Medium
Project in Main & Minor
canals from RD 0 to RD
20700 mts at Block Kesli
Distt. Sagar (M.P.) as per
details & scope of work but
not limited to that,
including defect liability
period of 2 year after
completion of the work
*Vide Govt. of M.P. order no F 17-1/19/ B/2010/644 dated 17.08.2016 categories of Contractors have
been abolished. Therefore, all the contractor registered in any category will be deemed to be registered
in a single category.

1. All details relating to the Bid Documents can be viewed and downloaded free of cost on the
website https:// www.mpeproc.gov.in
2. The Bid Document can be purchased only online from (Date) 28-02-2018, (time) 10:30
hrs. to (Date), 26-03-2018 (time) 17:30 hrs.
3. Amendments to NIT, if any, would be published on website only, and not in newspaper.

4. The bid shall be submitted in the same name and style. In case of JV purchase, download and
submission shall be made in the name of JV/lead partner. See Annexure-G for further details.

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 Detailed Notice Inviting Tender
(Part-B)
Government of Madhya Pradesh
Office of the Engineer-in-Chief
Water Resources Department
Jal Sansadhan Bhawan, Tulsi Nagar, Bhopal (M.P.)
Email - enc.etendering.wrdmp@gmail.com

N.I.T. No. 583/2017-18/E-in-C/e-tendering/ Bhopal Dated 28-02-2018

Online bids for the following works on turnkey basis invited from registered contractors registered with
MPPWD in centralized registration system and firms of repute fulfilling registration criteria:

S. Name of Work District Probable Earnest Money Cost of Bid Period of

No. (s) Amount of Deposit (EMD) Document Completion
/Pkg/ Contract (Rs. (In Rupees) (In Rupees) (in Months)
Code in lakh)

10428 ON TURN KEY BASIS- Sagar Rs.1601.41 lakhs Rs.1000000/- Rs.30000/- 12 Months
Construction of Earth (M.P.) (Twelve Months
Work, Lining and including rainy
Structures Work of season)
Sonpur Medium Project
in Main & Minor canals
from RD 0 to RD 20700
mts at Block Kesli Distt.
Sagar (M.P.) as per details
& scope of work but not
limited to that, including
defect liability period of 2
year after completion of
the work
 Vide Govt. of M.P. order No. F 17-1/19/B/2010/644 dated 17-08-2016 categories of contractors
have been abolished. Therefore, all the contractors registered in any category will be deemed
to be registered in a single category.

1. All details relating to the Bid Document(s) can be viewed and downloaded free of
cost on the website.
2. Bid Document can be purchased after making online payment of portal fees through
Credit/Debit/Cash Card/internet banking.
3. At the time of submission of the Bid the eligible bidder shall be required to:

i) pay the cost of Bid Document;

ii) deposit the Earnest Money;

iii) Submit a check list; and

iv) Submit an afidavit as Annexure-B duly notarized.

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 v) Submit an additional affidavit as Annexure-X duly notarized.

vi) Submit Power of attorney authorizing the signatory to sign and

submit the bid. (PoA)

*In case of JV refer Annexure-G given in tender document.

Details can be seen in the Bid Data Sheet.

4. ELIGIBILTY FOR BIDDERS:

(a) At the time of submission of the Bid the bidder should have valid
registration with the Government of Madhya Pradesh, PWD in
appropriate class. However, such bidders who are not registered
with the Government of Madhya Pradesh and are eligible for
registration can also submit their bids after having applied for
registration with appropriate authority.
(b) The bidder would be required to have valid registration at the time
of signing of the Contract.
(c) Failure to sign the contract by the selected bidder, for whatsoever
reason, shall result in forfeiture of the earnest money deposit.
5. Pre-qualification – Prequalification conditions, wherever applicable, are given in the Bid
Data Sheet.
6. Special Eligibility - Special Eligibility Conditions, if any, are given in the Bid Data
Sheet.

7. The Bid Document can be purchased only online from (Date) 28-02-2018, (time) 10:30 hrs.
to (Date), 26-03-2018 (time) 17:30 hrs. Other key dates may be seen in bid data sheet.
8. Amendments to NIT, if any, would be published on website only, and not in
newspaper.

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 SECTION-1
(Part-C)
DETAILED SCOPE OF WORK

1.0 This is an EPC (Engineering Procurement Contract) where Bidders are required to Design
and Implement the complete project with detailed survey, investigation and design. It may
be noted that certain design criteria are fixed in this tender and the contractor has to
design within the ambit of this criteria only.
2.0 Construction of ON TURN KEY BASIS- Construction of canal network for creation of irrigation
facilities in 3880 hactare CCA with minimum discharge of 7.287 cum at head sluice
including Earth Work, Lining and Structures Work in Main & Minor canals from RD 0 to RD
20700 mts of Main Canal of Sonpur Medium Project at Block Kesli Distt. Sagar (M.P.) as per
details & scope of work but not limited to that, including defect liability period of 2 years
after completion of the work which includes verification for accuracy of available data,
additional necessary survey, soil investigations, various tests required for assessment of CNS
material and construction material like cement, sand, metal etc for lining and construction/
reconstruction of canal structures, design of canal section (if required), thickness of CNS &
Lining and canal structures, preparation of construction drawings and detailed estimate and its
approval from competent authority along with construction of canal lining work with provision
of sleepers, CNS, LDPE, fixing of colaba pipes and repair/ reconstruction/ new construction of
various canal structures, fixing of reference pillars of size 0.30m×0.30m×0.45m (0.15m above
ground) at every 100 m on canal alignments and including painting and figuring of pertinent
information’s like, R.D. wise location, catch water drain, service road in main canal inspection
path as per specification of W.R.D. and relevant I.S. codes. The surveyed data has to be
overlaid and combined with village map including adjustment of closing errors. For
individual canal system tracings has to be prepared on tracing cloth. Surveys of the entire
command area has to be combined by overlaying on village maps, contouring the village
map, marking ridges by red dotted lines and valleys by blue arrow lines. After final surveys
and on finalization of alignments, it has to be transferred on the tracings of the combined
maps including fixing alignment on field with reference pillars, taking trial pits or drilling
test bores along the alignment as per requirements, conducting borrow area survey and
investigation including carrying out the suitability tests of the construction materials.
Marking the approved alignments, chak boundaries (up to 20 ha.) and position of outlets
and other structures on village maps. Preparing chak statements, outlets register, cutof /
design statements, design, drawing of canal system as per design criteria of W.R.D.,
relevant I.S. code, I.R.C. publication, canal parameters and circulars issued by W.R.D. time
to time, preparing detailed estimate as per prevailing WRD U.S.R. on the basis of approved
design drawing, clubbing of items of works for record measurement as basis of payment
including getting approvals from the competent authorities complete as per approved
drawing, design, specification of MPWRD and IS codes and as per instructions of Engineer –in-
charge.
Work also includes submission of LA cases (if required) & getting clearance from revenue Dept.
with the assistance of department in LA awards complete as per approved drawing, design and
as per instructions of Engineer –in-charge. Work also includes conducting preliminary
investigation viz. Grain size analysis, limit tests etc to delineate reaches of expansive soils and
to locate borrow area for CNS material. But for deciding thickness of CNS layer and preparation
of estimates, detailed investigations including swelling pressure and shear test etc must be
done through NABL accredited lab/ Govt Engineering colleges/ Hathaikheda Lab, Bhopal.
Suitability tests of the construction materials must be done by contractor. Clubbing of items of
works for record measurement as basis of payment including getting approvals from the

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 competent authorities. The excavation and earth work shall be executed as per specification and
as directed by engineer-in-charge. The earth work comprises of excavation in all type of strata,
furrowing, striping and benching the surface wherever required to get designed section, filling of
earth work shall be with watering and compaction as per specification.
3.0 Design parameter:-
Alignment shall be approved by the competent Authority, keeping following parameters
fixed-
i. Development of Irrigation facilities for 3880 hac. Culturable Commend Area
ii. Canal shall be designed keeping minimum discharge of 7.287 cumecs at head
sluice.

The following Parameters are Indicative and may change as per site condition and design-
CANALS SYSTEM:-
MAIN CANAL
(i) Main Canal Length - 20.10 km
(ii) Minor canals length - 41.07 km.
(iii) Structures in main canal - 15 Nos.
(iv) Structures in minors canal - 135 Nos.
(v) No. of Villages to be served - 20 Nos.
Name of Village to be served Jamuniya, Kesli, Samnapur, Madanpuri, Doma,
Ramkheri, Kukpara, Saudana, Jarua, Jaitpur, Chirai, Patnakhurd, Jaitpur, Sarkheda,
Fatehpur, Gangwara, Ghosipatti, Naya Nagar, Janakpur, Sonpur.
4.0 Work includes Review of available survey and investigation data, identification of
additional survey and investigation requirement considered necessary for design,
execution and commissioning of the Canal System.

Complete material testing including soil testing of necessary for design of Canal Lining work
from NABL affiliated laboratory/Govt. Engineering /College / Polytechnic.
Preparing of design statement, design, drawing, of canal lining as per design criteria of
WRD, relevant IS Code, IRC publication, canal lining parameters & circular issued by WRD
time to time preparing details estimate as per prevailing WRD USR on the basis of
approved design, drawing, clubbing of items of works for record measurement as basis of
payment including getting approval from competent authority.
5.0 Conducting command area survey, catchment area surveys of the structures in the case
where, catchment area is less than 2.50 Sqm Km. Grid surveys, leveling along the
nalla/river course shall be required to be under taken to determine the bed slope of the
nalla/river, cross section of nalla/river for cross drainage works (aqueduct, drainage
syphon, super- passage, drainage culvert, level crossing structure), grid survey of other
structures such as Railway crossing, road crossing, cross regulators, head regulator cum
cross regulator, escapes, nalla diversion if required, falls, distributaries and minor & sub-
minors heads, metering flumes etc., taking trial pits for foundation investigation of
structures, design, drawing as per design criteria of W.R.D., relevant I.S. code, I.R.C.
publications, canal parameter and circulars issued by the departments time to time,
preparing detailed estimate as per U.S.R. of the department on the basis of approved
design, drawing and clubbing of items for record for measurement and basis of payment
and getting approval from the competent authorities.

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6.0 Land acquisition – the work component be constructed on already acquired land for canal
construction or on government land. However, if required preparing proposals and future follow
up for finalization of awards from Revenue authority for timely acquisition is to be done\watched
by the contractor. Any private, Govt. and Forest land, property, required for this work, the process
of Land and property acquisitions is to be carried out by the contractor with the help of
department. Necessary proposals\letters to concern department will be given by the Engineer in
charge, further follow-up for timely acquisition is to be done\watch by the contractor. Except cost
of temporary land acquisition and crop compensation, the department shall make payments for
acquiring land and property solatium charges. The contractor shall pay cost of temporary land
acquisition and crop compensation, if any. Pursuing the land and property acquisition cases,
getting the award\approval from competent authority, within the time shall be the whole
responsibility of the contractor, the land required for Construction before award will be arranged
by the contractor to ensure timely completion of the work for which no claim shall be entertained
from the contractor.
7.0 Design and drawing:-
Based on survey and investigation, Contractor shall submit details of technical design
proposal with drawing and work method, construction schedule backed with their
planning and deployment of construction equipment etc. in sufficient detail based on WRD
DPR as a guideline. Design-drawing shall be in conformity with technical circular,
specification of Water Resources Department, latest relevant IS code and IRC publications,
preparing detailed estimate based on prevailing USR of Water Resource Department, other
department USR or market rates for items not covered in above USR and getting approval
from competent authorities. Based on approved detailed estimate measurement shall be
recorded. Technical sanction shall be accorded as per MP work departmental manual
Appendix 2.31.
It may be noted that certain design criteria are fixed in this tender and the bidder has to
design within the ambit of this criteria only. However the design submitted by the bidder
shall not be binding on the WRD/Government and the Final design will as approved by
competent authority with such modifications and alterations as may be deemed fit in
the interest of the project and interest of the state and to bring the design at par with
the required IS or other standards and requirements of this tender and project.
Successful bidder shall have no right of any claim whatsoever for any such changes as
may be directed by competent authority.

7.0 Construction work:-

Based on design and drawing approved by competent authority contractor shall start
the construction of work. The said work shall comprised following
1. Excavation in all type of strata in canal bed & side slopes for lining work.
2. Providing & placing cohesive non swelling (CNS) soil below lining wherever
required as per approved design & drawing.
3. Providing all type of cement concrete for lining work of canals as per approved
design & drawing.
4. Any other items which are necessary for completion of the lining work of main
& minor canals
8.0Ensure quality control measures during construction. A material testing lab shall be
required to be established at site for conducting routine quality tests in-situ, however
engineer-in-charge or departmental authorities may ask to conduct test for

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 confirmations required if any from other laboratories/departmental laboratories the
contractor shall has to make all arrangements for such tests. The testing charges are to
be borne by the contractor.

9.0 In case of change of design or departure from departmental proposal, the new
components and their billing break up/payment schedule shall be approved by the
Chief Engineer/competent authorities keeping the overall cost same as quoted by
bidder.
10.0 Necessary provision should be made for cross regulator, road crossing and
measuring flumes (discharge measuring device) to regulate the discharge efectively
and carrying out water tightness tests in case of aqueduct as directed by engineer-
in-charge.
11.0 The strata for canal is hard soil, hard moorum/D.R./ Soft Rock / Hard Rock. The
bidder has to satisfy himself about the adequacy and accuracy of strata.
12.0 Supply, fabrication, erection and fixing of steel gates with hoisting arrangement
wherever required in canal structures.
13.0 Commissioning, testing and trial run of canal system for 24 hours for 30 days in one
rabi season.
14.0 Operation and maintenance of canal system for 24 months including two rabi season
for testing and trial run of canal system.
15.0 Rectification of defects of whole canal system for defect liability period of 24 months
as directed by the engineer-in-charge, measurement of seepage/losses, discharge
treatment of canal where seepage/losses or more than the permissible limits. Canal
is required to be run for one entire rabi season.

Contractor has to complete all construction work as per design and drawing on the price
quoted by the bidder.

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 SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)
A. GENERAL
1. SCOPE OF BID
The detailed description of work, hereinafter referred as ‘work’, is given in the
Scope of work.
2. General Quality of Work:
The work shall have to be executed in accordance with the technical specifications
specified in the Bid Data sheet/ Contract Data, and shall have to meet high standards
of workmanship, safety and security of workmen and works.

3. PROCEDURE FOR PARTICIPATION IN E-TENDERING

The procedure for participation in e-tendering is given in the Bid Data Sheet.

4. ONE BID PER BIDDER

The bidder can be an individual entity or a joint venture (if permitted as per Bid Data Sheet).
In case the J.V. is permitted, the requirement of joint venture shall be as per the Bid Data
Sheet.
No bidder shall be entitled to submit more than one bid whether jointly or severally.
If he does so, all bids wherein the bidder has participated shall stand disqualified.

5. Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of his
bid, and no claim whatsoever for the same shall lie on the Government.

6. Site Visit and examination of works

The 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 and entering into a contract for construction of the work. All costs
in this respect shall have to be borne by the bidder.
B. Bid Documents
7. CONTENT OF BID DOCUMENTS
The Bid Document comprises of the following documents:
1. NIT with all amendments.
2. Instructions to
Bidders
3. Conditions of Contract:

i. Part I General Conditions of Contract and the Contract Data with all Annexure
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 and

ii Part II Special Conditions of Contract.

4. Specifications

5. Drawings

6. Payment Schedule
7. Technical and Financial Bid

8. Letter of Acceptance

9. Agreement, and
10. Any other document(s), as specified.

8. The bidder is expected to examine carefully all instructions, conditions of contract,

the contract data, forms, terms and specifications, Payment schedule, forms and drawings in
the Bid Document. Bidder shall be solely responsible for his failure to do so.
9. Pre-Bid Meeting (where applicable)
Wherever the Bid Data Sheet provides for pre-bid meeting:
9.1 Details of venue, date and time would be mentioned in the Bid Data Sheet. Any
change in the schedule of pre-bid meeting would be communicated on the website
only, and intimation to bidders would not be given separately.
9.2 Any 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 answer questions on any matter that may be raised at that stage. The Employer
may, at his option, give such clarifications as are felt necessary.
9.3 Minutes 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 the website.
9.4 Pursuant 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.
10. Amendment of Bid Documents
10.1 Before the deadline for submission of bids, the Employer may amend or modify the
Bid Documents by publication of the same on the website.
10.2 All amendments shall form part of the Bid Document.
10.3 The Employer may, at its discretion, extend the last date for submission of bids by
publication of the same on the website.

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 C. Preparation of Bid
11. The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms
and submit Bid Seals (Hashes) of all the envelopes and documents related to the Bid
required to be uploaded as per the time schedule mentioned in the key dates of the
Notice Inviting e-Tenders after signing of the same by the Digital Signature of their
authorized representative.

12. DOCUMENTS COMPRISING THE BID

The bid submitted online by the bidder shall be in the following parts:
Part 1 – This shall be known as Online Envelope A and would apply for all bids.
Online Envelop A shall contain the following as per details given in the Bid Data
Sheet:
i) Registration number or proof of application for registration
and organizational details in format given in the Bid Data
Sheet.
ii) Payment of the cost of Bid Document;
iii) Earnest Money (in case of EMD is deposited electronically (e-EMD), the bidder
need not produce the proof of EMD deposit)
iv) An afidavit duly notarized as per Annexure-B
v) An additional affidavit duly notarized as per
vi) Power of attorney authorizing the signatory to sign and submit the bid. (POA)

Part 2 – This shall be known as Online Envelope B and required to be submitted only
in works where pre-qualification conditions and/or special eligibility conditions are
stipulated in the Bid Data Sheet. Online Envelop B shall contain a self-certified sheet
duly supported by documents to demonstrate fulfillment of pre-qualification
conditions.
Part 3 – This shall be known as Online Envelope C and would apply to all bids.
Envelop C shall contain financial offer in the prescribed format enclosed with the Bid
Data Sheet.

13. Language
The 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 that are 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 of the bid, such translation shall
govern.
14. TECHNICAL PROPOSAL
14.1 Only, in case of bids with pre-qualification conditions defined in the Bid Data Sheet,
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 the Technical Proposal shall comprise of formats and requirements given in the Bid
Data Sheet.

14.2 All the documents/ information enclosed with the Technical Proposal should be self-
attested and certified by the bidder. The Bidder shall be liable for forfeiture of his
earnest money 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 authority may at his discretion forfeit his performance security/

guarantee, security deposit, enlistment deposit and take any other suitable action.

15. FINANCIAL BID

i. Bidders shall quote for entire work on a firm lump sum price on a single source
responsibility basis in format referred in Bid Data. If any diference in figures
and words is found, lower of the two shall be taken as valid and correct.
ii. The Bid price quoted by the contractor shall deemed to be inclusive of Income
Tax, Labour Cess, Duties, Royalties and other taxes whatsoever on all labour,
material and equipments that the contractor will procure for the performance
of this contract, except “GST on works contract services”.
iii. The 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.
16. PERIOD OF VALIDITY OF BIDS
The bids shall remain valid for a period specified in the Bid Data Sheet after the date
of “close for biding” as prescribed by the Employer. The validity of the bid can be
extended by mutual consent in writing.

17. EARNEST MONEY DEPOSIT (EMD)

17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the
amount specified in the Bid Data Sheet.
17.2 The EMD shall be in the form of Fixed Deposit Receipt of a scheduled commercial
bank, issued in favour of the name given in the Bid Data Sheet. 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 be allowed by the Employer by mentioning it in
the Bid Data Sheet.
17.3 Bid not accompanied by EMD shall be liable for rejection as non-responsive.
17.4 EMD of bidders whose bids are not accepted will be returned within ten working
days of the decision on the bid.
17.5 EMD of the successful Bidder will be discharged when the Bidder has signed the
Agreement after furnishing the required Performance Security.
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 17.6 Failure to sign the contract by the selected bidder, within the specified period, for
whatsoever reason, shall result in forfeiture of the earnest money deposit.

D. Submission of Bid
18. The 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 Sheet.
E. Opening and Evaluation of Bid

19 PROCEDURE

19.1 Envelope ‘A’ shall be opened first and its contents 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 not be opened.

19.2 Wherever Envelop ‘B’ (Technical Bid) is required to be submitted, the same shall be
opened online at the time and date notified in the Bid Data Sheet. The bidder shall
have freedom to witness opening of the Envelop ‘B’. Envelop ‘C’ (Financial Bid) of
bidders who are not qualified in Technical Bid (Envelop ‘B’) shall not be opened.
19.3 Envelope ‘C’ (Financial Bid) shall be opened online at the time and date notified. The
bidder shall have freedom to witness opening of the Envelop ‘C’.
19.4 After opening Envelop ‘C’ all responsive bids shall be compared to determine the
lowest evaluated bid.
19.5 The Employer reserves the right to accept or reject any bid, and to annul the bidding
process and reject all the bids at any time prior to contract award, without incurring
any liability. In all such cases reasons shall be recorded.
19.6 The Employer reserves the right of accepting the bid for the whole work or for a
distinct part of it.
20. Confidentiality
20.1 Information relating to examination, evaluation, comparison and recommendation
of contract award shall not be disclosed to bidders or any other person not officially
concerned with such process until final decision on the bid.
20.2 Any attempt by a bidder to influence the Employer in the evaluation of the bids or
contract award decisions may result in the rejection of his bid.

F. Award of Contract
21. Award of Contract

The Employer shall notify the successful bidder by issuing a ‘Letter of Acceptance’
(LOA) that his bid has been accepted.

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22. Performance Security
22.1 Prior 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.
as specified in the Bid Data Sheet.
22.2 Additional performance security, if applicable, is mentioned in the Bid Data Sheet and
shall be in the form and for the duration, etc similar to performance security.

23. Signing of Contract Agreement

23.1 The successful bidder shall have to furnish Performance security and additi onal
Performance security if any and sign the contract agreement within 15 days of issue
of LOA.
23.2 The 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 for commencement of work.
23.3 In the event of failure of the successful bidder to submit Performance Security or
sign the Contract Agreement, his EMD shall stand forfeited without prejudice to the
right of the employer for taking any other action against the bidder.
24. CORRUPT PRACTICES
The Employer requires that bidders observe the highest standard of ethics during the
procurement and execution of contracts. In pursuance of this policy, the Employer:
i. may 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, or coercive practices in competing for the Contract; and

ii. may 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 or through an agent, engaged in corrupt, fraudulent,
collusive, or coercive practices in competing for, or in executing, a contract.
For the purposes of this provision, the terms set forth above are defined as
follows:
a. “corrupt practice” means the offering, giving, receiving, or soliciting,
directly or indirectly, anything of value to influence improperly the
actions of another party;

b. “fraudulent practice” means any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an
obligation;
c. “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 improperly the actions of a party;
d. “collusive practice” means an arrangement between two or more parties
designed to achieve an improper purpose, including influencing
improperly the actions of another party.

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25. Disqualification
Even though the bidders meet the qualifying criteria given in Prequalification document,
they are subject to be disqualified

(a) if they have made untrue and false representation in the forms, statements and
attachments submitted in proof of the qualification requirement and/or record and poor
performance such as abandoning the works, not properly completing the contract,
inordinate delays in completion, or financial failure, litigation, history etc.

(b) If any government department of Madhya Pradesh including but not limited to PWD,
WRD, NVDA / NVDD, PHED and Rural Development Department or any other department
or any undertaking or any Municipal Corporation or any other Corporation/ Board / Society
under the administrative control of these departments or state of Madhya Pradesh has, in
consequences of some penal action, during the last five years:-

(i) Cancelled or suspended the registration of the firm.

(ii) Registration was cancelled or suspended before five years and not revoked up to the
date of bid submission.

(iii) Black listed the Contractor.

(iv) Debarred the Contractor for participating in future tendering.

(v)Termination of contract due to default of contractor.

(vi) Forfeiting of full or partial SD for poor performance. (including cases where the
forfeiting has been done in last 5 years) though the contract period/case may be older than
5 years.

Provided the above said penal actions were in force on the last date of submission of the
bid.

(c) If a proceeding for suspension or cancellation of registration or for blacklisting or for

termination of a contract due to poor performance by the contractor has been started by
the Department of Government of MP before the issue date of this tender and the same is
subsisting on the date of submission of the bid.

Above mentioned details to be submitted in the Additional Affidavit as per Annexure X

[End of ITB]

Page 16 of 119
 Bid Data Sheet
General
SR. No. Particulars Data
1 Office inviting tender Office of the Engineer-in-Chief
Water Resources Department
Jal Sansadhan Bhawan, Tulsi Nagar, Bhopal (M.P.)
2 NIT No 583/2017-18/E-in-C/e-tendering/Bhopal

3 Date of NIT 28-02-2018

4 Bid document download available From 28-02-2018 To 26-03-2018

from date & time 10:30 hrs 17:30 hrs
5 Website link https://www.mpeproc.gov.in

For Section 1 - NIT

Clause Particulars Data

reference
2 Portal fees As Per Online
3 Cost of bid document Rs.30000/- (Thirty Thousand only) (Non refundable)
Cost of bid document Payable Online payment for purchase of tender document will
At be acceptable only through Gateway Service
integrated into the e-Tendering System. (Payable
Online)
Cost of bid document In favor Notified at e-Tendering Portal of The Water Resources
Of Department. (Payable Online)
4A Affidavit format Annexure –B
4B Additional affidavit format Annexure- X
5 Pre-qualifications required YES
If Yes, details Annexure C
6 Special Eligibility NO
If Yes, details Annexure D
7 Key dates Annexure A
For Section 2 - ITB
Clause Particulars Data
reference

1 Scope of work Section -1 (Part-3)

2 Specifications Annexure – E
3 Procedure for participation in e-tendering Annexure – F
Whether J.V. is allowed Yes
4
If yes, requirement for Joint Venture Annexure – G

Page 17 of 119
 Bid Data Sheet
Clause Particulars Data
reference
9 Pre bid meeting to be held
If yes, Date, Time & Place Date : ------------------
Time from: 3.00 PM
Place: -----------------

12 Envelope-A containing : to the Account Officer, e-tendering Cell,

i. Registration number or proof of Room No. 115, O/o The Engineer-in-Chief,
application for registration and WRD, Tulsi Nagar, Stop No.2 Bhopal, (M.P.)
organizational details
ii. Cost of Bid Document or
iii. EMD
iv. An afidavit duly notarized office of Executive Engineer, Water
v. Additional affidavit resources Div.No.2 Kesli Dist. Sagar (M.P.)
vi. Power of attorney
should reach in physical form
*In case of JV ref. Annexure-G

Before 28-03-2018 17:30 hrs. (date)

14 Envelope-B Technical Proposal Annexure I (I-1 to I-5)

15 Envelope-C Financial Bid Annexure J
Materials to be issued by the department Annexure K
16 Period of Validity of Bid 180 Days
Earnest Money Deposit Rs. 1000000/- (Ten Lakh only)

Forms of Earnest Money Deposit i. FDR/ e-FDR/e-EMD

ii. Interest bearing securities of post
office.
17 iii. e-EMD
EMD valid for a period of 180 Days
FDR must be drawn in favour of Executive Engineer Water resources
Div.No.2 Kesli Dist. Sagar (M.P.
21 Letter of Acceptance (LoA) Annexure L
22 Amount of Performance Security 5% of contract amount

Additional Performance Security, if any NA

Performance security in the format Annexure M

Performance security in favour of Executive Engineer Water resources
Div.No.2 Kesli Dist. Sagar (M.P.
Performance security valid up to Valid Contract period plus 3
Months

Page 18 of 119
 1. Annexure – A
(See clause 1, 7 of Section 1 -NIT )

Annexure
Seq WRD Stage Bidder Stage Start Date & Time Expiry Date &
No Time Envelopes

1 - Purchase of 28-02-2018 26-03-2018 Envelope C,

Tender – Online 10:30 hrs. 17:30 hrs. Envelope B
Envelope A,
2 - Bid Submission 28-02-2018 28-03-2018 Envelope C,
online & Physical 10:30 hrs. 17:30 hrs. Envelope B
submission of Envelope A,
Envelope - A
3 Mandatory submission - 31-03-2018 _ Envelope A
Open (Envelop- A) 10:30 hrs.
4 Technical Proposal open - After 02-04-2018 _ Envelope B
( PQ Envelop- B)
10:30* hrs.
5 Financial Bid open - After 03-04-2018 _ Envelope C
(Envelop-C)
10:40* hrs.

 Note- The date and time shown for opening envelope B and C are tentative and may vary depending
upon the time taken for evaluating the documents of envelope-A or B as the case may be.

Page 19 of 119
 Annexure – B
(See clause 3 of Section 1 -NIT )
|| AFFIDAVIT ||
(To be Contained in Envelope A)
(On Non Judicial Stamp paper of Rs. 50)

Page 20 of 119
 I/we who is/ are
(status in the firm/ company) and competent for submission of
the afidavit 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 of the following information in bid documents which are being submitted in
response to notice inviting e-tender No. for

(name of work) dated issued by the

(name of the department).

I/we am/ are fully responsible for the correctness of following self-certified
information/ documents and certificates:
1. That the self-certified information given in the bid document is fully true and
authentic.
2. That:
a. Term deposit receipt deposited as earnest money, demand draft for cost of bid
document and other relevant documents provided by the Bank are authentic.
b. Information regarding financial qualification and annual turnover is correct.
c. Information regarding various technical qualifications is correct.
3. No close relative of the undersigned and our firm/company is working in the
department.
OR
Following close relatives are working in the department:
Name Post Present Posting

Signature with Seal of the Deponent (bidder)

I/ 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.
Verified today (dated) at (place).

Signature with Seal of the Deponent (bidder)

Note: Affdavit duly notarized in original.

Page 21 of 119
 Annexure – C G
(See clause 5 of Section 1 -NIT ) o
PRE-QUALIFICATIONS CRITERIA v
e
r
The bidder should have:
n
A. Financial m
i. experience of having successfully executed: e
n
a) three similar works, each costing not less than the amount equal to 20% of t
the probable amount of contract during the last 3 financial years(2014-15 to o
2016-17); or f
b) two similar works, each costing not less than the amount equal to 30% of the I
probable amount of contract during the last 3 financial years(2014-15 to 2016- n
17); or d
c) one similar work of aggregate cost not less than the amount equal to 50% of i
the probable amount of contract during the last 3 financial years(2014-15 to a
2016-17); /
a
ii. Average annual construction turnover on the construction works not less than n
50% of the probable amount of contract during the last 3 financial years(2014-15 y
to 2016-17). S
iii. Executed similar items of work in any one financial year during the last 3 financial t
years, which should not be less than the minimum, physical requirement, if any, a
fixed for the work. t
iv. Bid Capacity – Bidder shall be allotted work up to his available Bid Capacity, e
which shall be worked out as given in format I-2 of Annexure I. G
B. Physical o
Physical qualifications shall be as below in anyone financial year during the last three v
financial years e
r
Sno Particulars Quantity Period n
(Minimum) m
e
Physical qualification required Yes n
t
1 Excavation in all type of strata 192458 Cum In anyone financial year during the u
last three year financial year n
(2014-15 to 2016-17) d
2 All type of cement concrete work & 9786.27 Cum In anyone financial year during the e
RCC work last three year.financial year r
(2014-15 to 2016-17) t
a
Note: k
1. Certificate duly signed by the employer shall be enclosed for the actual quantity i
executed in any one year during the last 3 financial years. n
2. Similar works: The similarity shall be based on the physical size, complexity, g
methods technology or other characteristics of main items of work viz. earth o
work, cement concrete, Reinforced cement concrete, brick masonry, stone r
masonry etc. M
3. Works executed in India with Central Government or any State Government or u
Semi Government organization or Central / any state Government Authority or n
 icipalities / Municipal Corporations shall only be considered. Certificate shall be
signed by an officer not below the rank of executive engineer or equivalent.
4. If the financial turnover/physical experience of the firm other than the title name
is included then that/those firm/firms shall also be liable for action like
suspension of registration or blacklisting in case of default.
5. Any Clarification on Documents submitted by the Bidder may be called by the
Department and the bidder shall submit them within stipulated time.
6. Regarding Experience Certificate & Balance Sheet, the certificates submitted should
invariably have following details-
Regarding certificate issuing office:-

1- Name of officer signing the certificate

2- E-mail ID
3- Fax No.
4- Land Line No.
5- Postal Address in full.
 Annexure – D
(See clause 6 of Section 1 -NIT )

SPECIAL ELIGIBILITY CRITERIA

The bidder should have experience of: NIL

 ANNEXURE - E
(See clause 2 of Section 2 –ITB &

Clause 10 of GCC)

Specifications

1. MP Water Resources Department Specifications,

2. Indian Standard Codes

3. ...........................................................

(The soft copy of above specifications is available at departmental website

www............................................................................................................)

The provisions of general / special conditions of contract, those specifed elsewhere in the
bid document, as well as execution drawings and notes, or other specifcations issued in
writing by the Employer shall form part of the technical specifcations of this work.
 Annexure – F
(See clause 3 of Section 2 -ITB)

Procedure for participation in e-tendering

1. Registration of bidders on e-tendering System:
All the bidders registered in MP PWD are also to be registered on the e-tendering
System, website https://www.mpeproc.gov.in. The PWD contractor Id will be used
as the e procurement user ID and password is mailed on the e-mail id registered
with MP Online. For resetting of Password and for more details bidders may
contact the Service Providers M/s.TCS & ANTERES through their helpdesk.
Help
Desk:

Eproc_helpdesk@mpsedc.gov.in

18002748484, 18002745454

08965065346, 08965022417

0755 - 6500102
2. Digital Certificate:

The 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 Digital Certificate issued by any licensed Certifying
Authority (CAs) authorized by the Controller of Certifying Authorities, Government of
India. A 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.

Note
:
i. It 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. Those
bidders who already have valid Class III Digital Certificate need not to obtain
another Digital Certificate for the same.
The bidders may obtain more information and the Application Form required to

be submitted for the issuance of Digital Certificate from the website

www.cca.gov.in.
ii. Bids can be submitted during the ONLINE BID SUBMISSION stage only using the
Digital Certificate that is used to encrypt the data and sign the hash during the
ONLINE BID PREPARATION AND BID SUBMISSION stage. In case, during the
process of a particular bid, the bidder looses his Digital Certificate because of
 any problem (such as misplacement, virus attack, hardware problem, operating
system problem, etc.); he may not be able to submit his bid online. Hence, the
bidders are advised to keep their Digital Certificate in a safe place under proper
security to be used whenever required.

The digital certificate issued to the Authorized User of a Partnership firm / Private
Limited Company / Public Limited Company and used for online biding will be
considered as equivalent 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
individual 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 to authorize 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 the organization 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 Digital Certificate 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
the Authorized User changes, and apply for a fresh Digital Certificate for the new
Authorized User.

Digital Signature Browser settings are available on the e procurement website use
the link- https://www.mpeproc.gov.in/ROOTAPP

3. Set Up of Bidder's Computer System:

In 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. To verify the Browser settings use the link-
https://www.mpeproc.gov.in.

Key
Dates:
The 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 the start time and date and after the end time and date
for the relevant stage of the bid as set by the Department.

4. PREPARATION AND SUBMISSION OF BIDS:

The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms
and submit Bid and documents related to the Bid required to be uploaded (of all the
envelopes) as per the time schedule mentioned in the key dates of the Notice
Inviting e-Tenders after signing of the same by the Digital Signature of their
 authorized representative.
5. Purchase of Bid Document
For 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
mentioned in the Detailed NIT. The Bid Document shall be available for purchase
to concerned eligible bidders immediately after online release of the bids and up
to scheduled time and date as set in the key dates.

The payment for the cost of bid document shall be made online [as per Bid Data
Sheet] in favour of [as per Bid Data Sheet].
e-payment manual is available on the procurement
website-
https://www.mpeproc.gov.in

The Bidder shall submit the following in three separate envelopes online:

a. Copy of Registration, Earnest Money Deposit

and Affidavit Envelope 'A'
b. Technical Proposal Envelope 'B'
c. Financial Bid Envelope 'C'
Note: Bidders are required to submit the Original Term Deposit Receipt of Earnest

Money Deposit, Copy of Registration and Affdavit in Envelope - ‘A’ physically. The
envelope should be sealed and shall bear the NIT No., System Tender No., name of
work, address of the Employer and name and address of the bidder. The envelope
should reach as mentioned in the Key Dates. Scanned copies of the same are to be
uploaded online. In the Technical Proposal the bidders are required to submit the
documents described therein. The Financial Bids are also to be submitted online only
and shall not be considered by any other mode.

WITHDRAWAL, SUBSTITUTION AND MODIFICATION OF BIDS

Bidder can withdraw, substitute or modify till bid submission end date.

----- 0 ------
 Annexure – G
(See clause 4 of Section 2 -ITB)

JOINT VENTURE (J.V.)

If J.V. is allowed following conditions and requirements must be fulfilled –

1. Bids submitted by a joint venture 1 of two or more firms as partners shall comply with the following
requirements :
a. one of the partners shall be nominated as being Lead Partner, and this authorization shall be
evidenced by submitting a power of attorney signed by legally authorized signatories of all the
partners;
b. the bid and, in case of a successful bid, the Agreement, shall be signed so as to be legally binding on
all partners;
c. the partner in charge2 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 exclusively with the partner in charge;
d. all partners of the joint venture shall be liable jointly and severally for the execution of the contract
in accordance with the contract terms, and a statement to this efect shall be included in the
authorization mentioned under [c] above, as well as in the bid and in the Agreement [in case of a
successful bid];
e. The joint venture agreement should indicate precisely the role of all members of JV in respect of
planning, design, construction equipment, key personnel, work execution, and financing of the
project3. All members of JV4 should have active participation in execution during the currency of
the contract. This should not be varied/modified subsequently without prior approval of the
employer;
f. The joint venture agreement should be registered 5, so as to be legally valid and binding on all
partners; and
g. a copy of the Joint Venture Agreement entered into by the partners shall be submitted with the
bid6.

2. The figures for each of the partners of a joint venture shall be added together to determine the
Bidder’s compliance with the minimum qualifying criteria required for the bid. All the partners
collectively must meet the criteria specified in full. Failure to comply with this requirement will result
in rejection of the joint venture’s bid.

3. The performance security7 of a Joint Venture shall be in the name of the partner Lead Partner/joint
venture.

4. Attach the power of attorney8 of the partners authorizing the Bid signatory(ies) on behalf of the joint
venture

5. Attach the agreement among all partners of the joint venture [and which is legally binding on all
partners], which shows the requirements as indicated in the Instructions to Bidders’.

6. Furnish details of participation proposed in the joint venture as below:

DETAILS OF PARTICIPATION IN THE JOINT VENTURE

PARTICIPATION DETAILS FIRM ‘A’ (Lead Partner) FIRM ‘B’ FIRM ‘C’
Financial
Name of the Banker(s)
Planning
 Construction Equipment
Key Personnel
Execution of Work
(Give details on contribution of each)

1. Joint Venture is an arrangement in which two or more parties undergo an agreement for the purpose of executing a
specific task/project and all parties shall be jointly and severally responsible to incur all the liabilities under that
task/project, if awarded.
2. Partner in charge - i.e. Lead Partner.
3. This agreement shall also mention the NIT No./System I.D., Name of work, Name of Joint Venture Firm, lead partner and
other partners.
4. The lead partner and the other partners shall have minimum 51% and 20% stake respectively in the Joint Venture.
5. The joint venture agreement should be made on Rs. 1000/- Non Judicial stamp Paper, duly Notarized /registered. Each
partner of the joint venture shall be individually registered in the appropriate class required for participation in the tender
or if eligible for registration, can also participate after having applied for registration in appropriate class.
6. The Joint Venture Agreement entered into by the partners shall be submitted originally in Envelope A and should also be
uploaded online (scanned copy) with the bid.
7. The Earnest Money Deposit and performance security of the Joint Venture shall be drawn in favour of the concerned
Executive Engineer and on Account of the partner i.e. Lead Partner/joint venture.
8. Power of Attorney shall be prepared separately on Rs. 500/- Non Judicial stamp Paper, duly
notarized and should be submitted originally in Envelope A (and uploaded online scanned copy) along with joint venture
agreement.

Annexure- H
(See clause 12 of Section 2 –ITB& clause 4 of GCC)

ORGANIZATIONAL DETAILS
 (To be enclosed with technical proposal)
S. No. Particulars Details
1. Registration number issued by Centralized ( If applicable, scanned copy of proof of application for
Registration System of Govt. of M.P. or registration to be uploaded)
Proof of application for registration.
2. Valid Registration of bidder in appropriate Registration
class through Centralized Registration of No. Date
(Scanned copy of Registration to be uploaded)
Govt. of MP
3. Name of Organization/ Individual/Proprietary
Firm/Partnership Firm
4. Entity of Organization
Individual/ Proprietary Firm/ Partnership
Firm (Registered under Partnership Act)/
Limited Company (Registered under the
Companies Act–1956)/ Corporation/ Joint
Venture
5. Address of Communication
6. Telephone Number with STD Code
7. Fax Number with STD Code
8. Mobile Number
9. E-mail Address for all communications
Details of Authorized Representative
10. Name
11. Designation
12. Postal Address
13. Telephone Number with STD Code
14. Fax Number with STD Code
15. Mobile Number
16. E-mail Address

Note: In case of partnership frm 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:
 Annexure – I
(See clause 14 of Section 2 -ITB)
Envelope – B, Technical Proposal

Technical Proposal shall comprise the following documents:

 Sno Particulars Details to be submitted
1 Experience – Financial & Physical Format: I-1
2 Annual Turnover Format: I-2
3 List of technical personnel for the key Format: I-3
Positions
4 List of Key equipments/ machines for Format: I-4
quality control labs
5 List of Key equipments/ machines for Format: I-5
construction work
6 Technical design

Note:
1. Technical Proposal should be uploaded duly page numbered and indexed.
2. Technical Proposal uploaded otherwise will not be considered.
 Annexure -I (Format: I-1)
(See clause 14 of Section 2 -ITB)
FINANCIAL & PHYSICAL EXPERIENCE DETAILS
A. Financial Requirement:
The bidder should have completed either of the below:

a) three similar works each costing not less than the amount equal to 20% of
the probable amount of contract during the last 3 financial years; or
b) two 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
c) one similar work of aggregate cost not less than the amount equal to 50% of
the probable amount of contract during the last 3 financial years;
To be filled in by the contractor:
i. Details of successfully completed similar works shall be furnished in the following
format.
ii. Certificate duly signed by the employer shall also be enclosed for each completed
similar work.
Agreement Name of Date of Date of Work Done Employer's
Number & Year Work Work Order Completion Year-1 Year-2 Year-3
Name and
Address

Existing commitments – (Value of ‘C’ for Bid Capacity formula)

Agreement Name of Date of Date of Amount of Amount of Employer's
Number & Year Work Work Order Completion Contract balance work Name and
Address

B. Physical Requirement:
Execution of similar items of work in any one financial year during the last 3 financial
years should not be less than the minimum physical requirement fixed for the work.
SNo Particulars Actual Quantity Executed
(To be filled in by the contractor)

2014-15 2015-16 2016-17

A Physical qualification required Yes
2
3
4

1. Certificate duly signed by the employer shall be enclosed for the actual quantity executed
in any one year during the last 3 financial years.
2. Similar works: The similarity shall be based on the physical size, complexity, methods
technology or other characteristics of main items of work viz. earth work, cement
concrete, Reinforced cement concrete, brick masonry, stone masonry etc.
3. Works executed in India with Central Government or any State Government or Semi
Government organization or Central / any state Government Authority or Government of
India / any State Government undertaking or Municipalities / Municipal Corporations shall
only be considered. Certificate shall be signed by an officer not below the rank of
executive engineer or equivalent.
4. If the financial turnover/physical experience of the firm other than the title name is
included then that/those firm/firms shall also be liable for action like suspension of
registration or blacklisting in case of default.
5. Any Clarification on Documents submitted by the Bidder may be called by the
Department and the bidder shall submit them within stipulated time.
6. Regarding Experience Certificate & Balance Sheet, the certificates submitted should invariably
have following details-
Regarding certificate issuing office:-

6- Name of officer signing the certificate

7- E-mail ID
8- Fax No.
9- Land Line No.
10- Postal Address in full.
 Annexure -I (Format: I-2)
(See clause 14 of Section 2 -ITB)

ANNUAL TURN OVER

Requirement:

Average annual construction turnover on the construction works not less than 50% of the
probable amount of contract during the last 3 financial years;

To be filled in by the contractor:

Financial Year Payments received for contracts in progress or completed

2013-14
2014-15
2015-16

Note:
i. Annual turnover of construction should be certified by the Chartered Accountant.
ii. Audited balance sheet including all related notes, and income statements for the above
fnancial years to be enclosed.
iii. The turnover of

Bid Capacity

Applicants who meet the minimum qualifying criteria in the evaluation as stated
above are to be evaluated further for bid capacity as under:
Bid Capacity = (1.5 A X B) - C

Where

A = Maximum value of civil engineering works executed in any one year during
the last Three year (10% weightage per year shall be given to bring the
value of work executed at present price level)
B = Proposed contract period in years.
C = Amount of work in hand at present.
 Annexure -I (Format: I-3)
(See clause 14 of Section 2 –ITB &

Clause 6 of GCC)

List Of Technical Personnel For The Key Positions

Requirement of Technical Personnels for Key Positions Technical Personnels for Key Positions Available with bidder
S. Key Minimum Qualificati Age Similar Total Work S. Name of Key Qualification Age Similar Total Work
N Position requirement on work Experience N Personnel Position work Experience
o. experience o. experience
 Annexure -I (Format: I-4)
(See clause 14 of Section 2 -ITB)

List Of Key Equipments/ Machines For Quality Control Labs

Minimum requirement Available with the bidder

S. No. Name of Equipment/ Quantity Name of Equipment/ Quantity

Machinery (Nos) Machinery

1.

2
3
4

5
6

9
10

11
12

13

14
15
16

17
 Annexure -I (Format: I-
5)
(See clause 14 of Section 2 -ITB)

List Of Key Equipments/ Machines For Construction Work

Minimum requirement Available with the bidder

S. No. Name of Equipment/ Quantity Name of Equipment/ Quantity
Machinery Machinery

2
3
4
5
6
7
 Annexure – J
(See clause 15 of Section 2 -ITB)
FINANCIAL BID
(To Be Contained in Online Envelope-C)
I/We hereby bid for the execution of the above work on turnkey basis based on
scope of work and tender document given therein in all respects and in accordance with
the specifications, designs, drawings and instructions in writing in all respects in
accordance with such conditions so far as applicable. I/We have visited the site of work
and am/ are fully aware of all the difficulties and conditions likely to affect carrying out the
work. I/We have fully acquainted myself/ourselves about the conditions in regard to
accessibility of site and quarries/kilns, nature and the extent of ground, working conditions
including survey, desing and drawing, stacking of materials, installation of tools and plant
conditions efecting accommodation and movement of labour etc. required for the
satisfactory execution of contract.
Should this bid be accepted, I/We hereby agree to abide by and fulfill all the terms
and provisions of the said conditions of contract annexed hereto so far as applicable, or in
default thereof to forfeit and pay to the Governor of Madhya Pradesh or his successors in
office the sums of money mentioned in the said conditions.

Signature of Bidder
Name of Bidder
The above bid is hereby accepted by me on behalf of the Governor of Madhya
Pradesh dated the day of 20

Signature of Oficer by whom accepted

(To Be Contained in Online Envelope-C by contractor)

S.No. Name of work Amount Quoted Amount Quoted
(in figures) (in words)
1 ------------
 Annexure – K
(See clause 15 of Section 2 -ITB)

MATERIALS TO BE ISSUED BY THE DEPARTMENT

Sno Name of material Rate (Issue rate) Unit Remarks

1 Hard Rock Rs. 105/- per cum Per cum

 Annexure – L
(See clause 21 of Section 2 -ITB)

LETTER OF ACCEPTANCE (LOA)

 Dated:
No.

To,
M/s.

(Name and address of the contractor)

Subject: (Name
of the work as appearing in the bid for the work)

Dear Sir (s),

Your bid for the work mentioned above has been accepted on behalf of the
Governor
of Madhya Pradesh at your bided percentage below/ above or at par the Bill of
Quantities and item wise rates given therein.

You are requested to submit within 15 (Fifteen) days from the date of issue of this

letter
:
a. the performance security/ performance guarantee of Rs. (in figures)
(Rupees in words only).
The performance security shall be in the shape of term deposit receipt/
bank guarantee of any nationalized / schedule commercial bank valid up to
three months after the expiry of defects liability period.
b. Sign the contract agreement.

Please note that the time allowed for carrying out the work as entered in the bid is
months including/ excluding rainy season, shall be reckoned from the date of
signing the contract agreement.

Signing the contract agreement shall be reckoned as intimation to commencement

of work and no separate letter for commencement of work is required. Therefore, after
signing of the agreement, you are directed to contact the Engineer-in-charge for taking
the possession of site and necessary instructions to start the work.

Yours Faithfully

Executive Engineer
 Annexure – M
(See clause 22 of Section 2 -ITB)
PERFORMANCE SECURITY
To

47
 _[name of Employer]
_[address of Employer]

WHEREAS [name and address of Contractor]

(hereinafter called "the Contractor") has undertaken, in pursuance of Letter of Acceptance
No. dated to execute _[name of Contract and
brief description of Works] (hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein
as security for compliance with his obligation in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you on behalf of the Contractor, up to a total of [amount of guarantee]*
(in words), such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you, upon your
first written demand and without cavil or argument, any sum or sums within the limits of
[amount of guarantee] as aforesaid without your needing to prove or
to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the
terms of the Contract of the Works to be performed thereunder or of any of the Contract
documents which may be made between you and the Contractor shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.
This guarantee shall be valid until 3 (three) months from the date of expiry of
the Defect Liability Period.

Signature and Seal of the guarantor

Name of
Bank
Address
Phone No., Fax No,E-mail Address, of Signing Authority
Date
* An amount shall be inserted by the Guarantor, representing the percentage the
Contract Price specified in the Contract including additional security for unbalanced Bids, if
any and denominated in Indian Rupees.

48
 SECTION 3
Conditions of Contract
Part – I General Conditions of Contract

Table of Clauses

Sno Particulars Sno Particulars

A. General 21 Payments for Variations and / or Extra Quantities

1 Definitions 22 No compensation for alterations in or restriction

of work to be carried out.
2 Interpretations and Documents 23 No Interest Payable
3 Language and Law 24 Recovery from Contractors
4 Communications 25 Tax
5 Subcontracting 26 Check Measurements
6 Personnel 27 Termination by Engineer in Charge
7 Force Majeure 28 Payment upon Termination
8 Contractor's Risks 29 Performance Security
9 Liability For Accidents To Person 30 Security Deposit
10 Contractor to Construct the Works 31 Price Adjustment

11 Discoveries 32 Mobilization and Construction Machinery

Advance
12 Dispute Resolution System 33 Secured Advance
B. Time Control 34 Payments Certificates
13 Programme E. Finishing the Contract
14 Extension of Time 35 Completion Certificate
15 Compensation for Delay 36 Final Account
16 Contractor’s quoted percentage F. Other Conditions of Contract
C. Quality Control 37 Currencies
17 Tests 38 Labour
18 Correction of Defects noticed 39 Compliance with Labour Regulations
during the Defect Liability Period

D. Cost Control 40 Audit and Technical Examination

19 Variations - Change in original 41 Death or Permanent Invalidity of Contractor
Specifications, Designs, Drawings
etc.
20 Extra Items 42 Jurisdiction
A. General
 1. DEFINITIONS
1.1 Contract Price: means the price stated in the Letter of acceptance.
1.2 Chief Engineer: means Chief Engineer of the zone/ basin concerned.
1.3 Completion: means completion of the work as certified by the Engineer-in-Charge, in
accordance with provisions of agreement.
1.4 Contract: means the Contract between the Employer and the Contractor to execute,
complete and/or maintain the work. Agreement is synonym of Contract and carries the
same meaning wherever used.
1.5 Contract Data: means the documents and other information which comprise of the
Contract.
1.6 Contractor: means a person or legal entity whose bid to carry out the work has been
accepted by the Employer.
1.7 Contractor's bid: means the completed bid document submitted by the
Contractor to the Employer
1.8 Contract amount: means the amount of contract worked out on the basis of
accepted bid.
1.9 Completion of work: means completion of the entire contracted work. Exhaustion of
quantity of any particular item mentioned in the bid document shall not imply completion
of work or any component thereof.

1.10 Day: means the calendar day.

1.11 Defect: means any part of the work not completed in accordance with the
specifications included in the contract.
1.12 Department: means Department of the State Government viz. Water Resources
Department, Public Works Department, Public Health Engineering Department, Rural
Engineering Service and any other organisation which adopts this document.

1.13 Drawings: means drawings including calculations and other information provided or
approved by the Engineer-in-Charge.
1.14 Employer: means the party as defined in the Contract Data, who employs the
Contractor to carry out the work. The Employer may delegate any or all functions to a
person or body nominated by him for specified functions. The word Employer /
Government / Department wherever used denote the Employer.
1.15 Engineer: means the person named in the Contract Data.
1.16 Engineer in charge: means the person named in the Contract Data.
1.17 Equipment: means the Contractor's machinery and vehicles brought temporarily to
the Site for execution of work.
1.18 Government: means Government of Madhya Pradesh.
1.19 In Writing: means communicated in written form and delivered against receipt.
1.20 Material: means all supplies, including consumables, used by the Contractor for
incorporation in the work.
1.21 Superintending Engineer: means Superintending Engineer-in-Charge of the
Circle concerned.
 1.22 Stipulated period of completion: means the period in which the Contractor is
required to complete the work. The stipulated period is specified in the Contract
Data.
1.23 Specification: means the specification of the work included in the Contract and any
modification or addition made or approved by the Engineer-in-Charge.
1.24 Start Date: means the date of signing of agreement for the work.
1.25 Sub-Contractor: means a person or corporate body who has a Contract with the
Contractor, duly authorised to carry out a part of the construction work under the
Contract.
1.26 Temporary Work: means work designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the work.
1.27 Tender/Bid, Tenderer/Bidder: are the synonyms and carry the same meaning
where ever used.
1.28 Variation: means any change in the work which is instructed or approved as
variation under this contract.
1.29 Work: The expression "work" or "works" where used in these conditions shall unless
there be something either in the subject or context repugnant to such construction, be
construed and taken to mean the work by virtue of contract, contracted to be executed,
whether temporary or permanent and whether original, altered, substituted or additional.

2. INTERPRETATIONS AND DOCUMENTS

2.1 Interpretations
In the contract, except where the context requires otherwise:
a. words indicating one gender include all genders;
b. words indicating the singular also include the plural and vice versa.
c. provisions including the word “agree”, “agreed” or “agreement” require
the agreement to be recorded in writing;
d. written” or “in writing” means hand-written, type-written, printed
or electronically made, and resulting in a permanent record;
2.2 Documents Forming Part of Contract:
1. NIT with all amendments.
2. Instructions to Bidders

3. Conditions of Contract:

i. Part I General Conditions of Contract and the Contract Data; with all Annexures
ii. Part II Special Conditions of Contract.

4. Specifications
5. Drawings
6. Payment Schedule

7. Technical and Financial Bid

8. Agreement, and

9. Any other document(s), as specified.

 3. Language and Law
The language of the Contract and the law governing the Contract are stated in the
Contract Data.

4. Communications
All 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 of ITB]. 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 are referred 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. The notice sent by
registered post or speed post shall be efective on delivery or at the expiry of the
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.

5. Subcontracting
Subcontracting shall be permitted for contracts of value more than amount specified
in the Contract Data with following conditions.
a. The Contractor may subcontract up to 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 Contractor's obligations.
b. Following shall not form part of subcontracting:
i. Hiring of labour through a labour contractor.
ii. The purchase of Materials to be incorporated in the works.
iii. Hiring of plant & machinery
c. The sub-contractor will have to be registered in the appropriate category in the
centralised registration system for contractors of the GoMP.

6. Personnel
6.1 The Contractor shall employ for the construction work and routine maintenance
the technical personnel as provided in the Annexure I-3 of Bid Data Sheet, if applicable. If
the Contractor fails to deploy required number of technical staff, recovery as
specified in the Contract Data will be made from the Contractor.
6.2 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staf 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 Contract.

7. Force Majeure
7.1 The term “Force Majeure” means an exceptional event or circumstance:
 (a) which is beyond a Party’s control
(b) which such Party could not reasonably have provided against before entering into
the Contract,
(c) which, having arisen, such Party could not reasonably have avoided or overcome,
and
(d) which is not substantially attributable to the other Party.
Force Majeure may include, but is not limited to, exceptional events or
circumstances of the kind listed below, so long as conditions (a) to (d) above are
satisfied:
(i) war, hostilities (whether war be declared or not), invasion, act of foreign
enemies,
(ii) rebellion, terrorism, sabotage by persons other than the Contractor’s
Personnel, revolution, insurrection, military or usurped power, or civil war,
(iii) riot, commotion, disorder, strike or lockout by persons other than the
Contractor’s Personnel,
(iv) munitions of war, explosive materials, ionising radiation or contamination by
radio-activity, except as may be attributable to the Contractor’s use of such
munitions, explosives, radiation or radio-activity, and
(v) natural catastrophes such as earthquake, hurricane, typhoon or volcanic
activity.
7.2. In the event of either party being rendered unable by force majeure to perform any
duty or discharge any responsibility arising out of the contract, the relative obligation
of the party affected by such force majeure shall upon notification to the other party
be suspended for the period during which force majeure event lasts. The cost and
loss sustained by either party shall be borne by respective parties.
7.3 For the period of extension granted to the Contractor due to Force Majeure the price
adjustment clause shall apply but the penalty clause shall not apply. It is clarified
that this sub clause shall not give eligibility for price adjustment to contracts
which are otherwise not subject to the benefit of price adjustment clause.
7.4 The time for performance of the relative obligation suspended by the force majeure
shall stand extended by the period for which such cause lasts. Should the delay
caused by force majeure exceed twelve months, the parties to the contract shall be
at liberty to foreclose the contract after holding mutual discussions.

8. Contractor's Risks
8.1 All risks of loss or damage to physical property and of personal injury and death
which arise during and in consequence of the performance of the Contract are the
responsibility of the Contractor.
8.2 All risks and consequences arising from the inaccuracies or falseness of the
documents, drawing, designs, other documents and/or information submitted by the
contractor shall be the responsibility of the Contractor alone, notwithstanding the
fact that the designs/ drawings or other documents have been approved by the
department.
9. Liability for Accidents to Person
The contractor shall be deemed to have indemnified and saved harmless the
 Government against all action, suits, claims, demands, costs etc. arising in
connection with injuries suffered by any persons employed by the contractor or his
subcontractor for the works whether under the General law or under workman's
compensation Act, or any other statute in force at the time of dealing with the
question of the liability of employees for the injuries suffered by employees and to
have taken steps properly to ensure against any claim there under.
10. Contractor to Construct the Works
10.1 The Contractor shall construct, install and maintain the Works in accordance with
the Specifications and Drawings as specified in the Contract Data.
10.2 In the case of any class of work for which there is no such specification as is
mentioned in Contract Data, such work shall be carried out in accordance with the
instructions and requirement of the Engineer-in-charge.
10.3 The contractor shall supply and take upon himself the entire responsibility of the
sufficiency of the scaffolding, timbering, machinery, tools and implements, and
generally of all means used for the fulfilment of this contract whether such means
may or may not be approved or recommended by the Engineer.
11. Discoveries
Anything of historical or other interest or of significant value unexpectedly
discovered on the Site shall be the property of the Employer. The Contractor shall
notify the Engineer of such discoveries and carry out the Engineer's instructions for
dealing with them.
12. Dispute Resolution System
12.1 No dispute can be raised except before the Competent Authority as defined in
Contract Data in writing giving full description and grounds of dispute. It is clarified
that merely recording protest while accepting measurement and/or payment shall
not be taken as raising a dispute.
12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised after
expiry of 45 days of its first occurrence shall not be entertained and the Employer
shall not be liable for claims arising out of such dispute.
12.3 The Competent Authority shall decide the matter within 45 days.
12.4 Appeal against the order of the Competent Authority can be preferred within 30
days to the Appellate Authority as defined in the Contract Data. The Appellate
Authority shall decide the dispute within 45 days.
12.5 Appeal against the order of the Appellate Authority can be preferred before the
Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh
Madhyastham Adhikaran Adhiniyam, 1983.
12.6 The Contractor shall have to continue execution of the Works with due diligence
notwithstanding pendency of a dispute before any authority or forum.
 B. Time Control
13 Programme
13.1 Within the time stated in the Contract Data, the Contractor shall submit to
the Engineer for approval a Programme showing the general methods, arrangements,
order and timing for all the activities for the construction of works.
13.2 The program shall be supported with all the details regarding key personnel,
equipment and machinery proposed to be deployed on the works for its execution.
The contractor shall submit the list of equipment and machinery being brought to
site, the list of key personnel being deployed, the list of machinery/equipment being
placed in field laboratory and the location of field laboratory along with the
Programme.
13.3 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the efect of the progress achieved on the timing of
the remaining Works, including any changes to the sequence of the activities.
13.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor
does not submit an updated Programme within this period, the 13.5Engineer may
withhold the amount stated in the Contract Data from the next payment certificate
and continue to withhold this amount until the next payment after the date on
which the overdue Programme has been submitted.
13.5 The Engineer's approval of the Programme shall not alter the Contractor's
obligations
.
14 Extension of Time
14.1. 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
grounds, he shall apply, in writing, to the Engineer-in-charge, on account of which he
desires such extension. Engineer-in-Charge shall forward the aforesaid application
to the Competent Authority as prescribed.

14.2 The competent authority shall grant such extension at each such occasion within a
period of 30 days of receipt of application from contractor and shall not wait for
finality of work. Such extensions shall be granted in accordance with provisions
under clause- 15 of this agreement.
14.3 In case the work is already in progress, the Contractor shall proceed with the
execution of the works, including maintenance thereof, pending receipt of the
decision of the competent authority as aforesaid with all due diligence.
15 Compensation for delay
15.1 The time allowed for carrying out the work, as entered in the agreement, shall be
strictly observed by the Contractor.
15.2 The time allowed for execution of the contract shall commence from the date of
signing of the agreement. It is clarified that the need for issue of work order is
dispensed with.
 15.3 In the event milestones are laid down in the Contract Data for execution of the
works, the contractor shall have to ensure strict adherence to the same.
15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract
such liquidated damages as is laid down in the Contract Data.
15.5 In the event of delay in execution of the Works as per the timelines mentioned in the
Contract Data the Engineer-in-charge shall retain from the bills of the Contractor
amount equal to the liquidated damages leviable until the Contractor makes such
delays good. However, the Engineer-in-charge shall accept bankable security in lieu
of retaining such amount.
15.6 If the Contractor is given extension of time after liquidated damages have been paid,
the Engineer in Charge shall correct any over payment of liquidated damages by the
Contractor in the next payment certificate.
15.7 In the event the Contractor fails to make good the delay until completion of the
stipulated contract period (including extension of time) the sum so retained shall be
adjusted against the liquidated damages levied.

C. Quality Control
17 Tests
17.1 The Contractor shall be responsible for:
a. Carrying out the tests prescribed in specifications,
and
b. For the correctness of the test results, whether preformed in his laboratory
or elsewhere.
17.2 The contractor shall have to establish field laboratory within the time specified and
having such equipments as are specified in the Contract Data.
17.3 Failure of the Contractor to establish laboratory shall attract such penalty as is
specified in the Contract Data.
18 Correction of Defects noticed during the Defect Liability Period
18.1 The Defect Liability Period of work in the contract shall be as per the Contract Data.
18.2 The Contractor shall promptly rectify all defects pointed out by the Engineer well
before the end of the Defect Liability Period. The Defect Liability Period shall
automatically stand extended until the defect is rectified.
18.3 If the Contractor has not corrected a Defect pertaining to the Defect Liability Period
to the satisfaction of the Engineer, within the time specified by the Engineer, the
Engineer will assess the cost of having the Defect corrected, and the cost of
correction of the Defect shall be recovered from the Performance Security or any
amount due or that may become due to the contractor and other available
securities.
 D.Cost Control

19 Variations - Change in original Specifications, Designs, and Drawings etc.

19.1 The Engineer-in-charge shall have power to make any alterations, omissions or
additions to or substitutions in the original specifications, drawings, designs and
instructions, that may appear to him to be necessary during the progress of the work
and the contractor shall carry out the work in accordance with any instructions
which may be given to him in writing signed by the Engineer-in-charge, and such
alterations, omission, additions or substitutions shall not invalidate the contract and
any altered, additional or substituted work, which the contractor may be directed to
do in the manner above specified, as part of the work, shall be carried out by the
contractor on the same conditions in all respects on which he agrees to do the main
work.
19.2 The time for the completion of the work shall be adjusted in the proportion that the
altered, additional or substituted work bears to the original contract work and the
certificate of the Engineer-in-charge shall be conclusive as to such proportion.
19.3 No additional payment shall be made to contractor on account of variation and
change in original specification, design and drawings etc
20 Extra items
20.1 Deleted.
21 Payments for Variations and / or Extra Quantities
21.1 Being a Turnkey contract, the contractor is bound to complete the entire work under
the contract on a firm lump sum price quoted. The Contractor shall be deemed to have
satisfied himself as to the correctness and sufficiency of the contract price. Therefore
the contractor is bound to execute all supplemental works that are found essential,
incidental and inevitable during execution of main work at no extra cost to the
employer.
22. No compensation for alterations in or restriction of work to be carried out.
22.1 If at any time after the commencement of the work, the Engineer-in-charge, for any
reason whatsoever, not require the whole or any part of the work as specified in the
bid to be carried out; the Engineer-in-charge shall give notice in writing of the fact to
the Contractor and withdraw that whole or any part of the work.
22.2 The Contractor shall have no claim to any payments or compensation whatsoever,
on account of any profit or advantage which he might have derived from the
execution of work in full or on account of any loss incurred for idle men and
machinery due to any alteration or restriction of work for whatsoever reason.
22.3 The Engineer-in-charge may supplement the work by engaging another agency to
execute such portion of the work, without prejudice to his rights.

23. No Interest Payable

No interest shall be payable to the Contractor on any payment due or awarded by
any authority.
24. Recovery from Contractors
Whenever any claim against the Contractor for the payment arises under the
contract, the Department may be entitled to recover such sum by:
(a) Appropriating, in part or whole of the Performance Security and additional
Performance Security, If any; and/or Security Deposit and / or any sums payable
under the contract to the contractor.
(b) If the amount recovered in accordance with (a) above is not sufficient, the
balance sum may be recovered from any payment due to the contractor under
any other contract of the department, including the securities which become due
for release.
(c) The department shall, further have an additional right to efect recoveries as
arrears of land revenue under the M.P. Land Revenue Code.
25. Tax
25.1 The Bid price quoted by the contractor shall deemed to be inclusive of Income Tax,
Labour Cess, Duties, Royalties and other taxes whatsoever on all labour, material and
equipments that the contractor will procure for the performance of this contract,
except “GST on works contract services”. Payment of “GST on works contract
services” shall be paid separately to the contractor as per prevailing rate at the time
of raising of bill/invoice by the contractor.
25.2 The liability, if any, on account of quarry fees, royalties, octroi and any other taxes
and duties in respect of materials actually consumed on public work, shall be borne
by the Contractor.
25.3 Any changes in the taxes due to change in legislation or for any other reason shall
not be payable to the contractor.

26. Check Measurements

26.1 The 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.
26.2 Checking of measurement by superior officer shall supersede measurements by
subordinate officer(s), and the former will become the basis of the payment.
26.3 Any 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 be recoverable from the Contractor, as per clause 24
above.

27. Termination by Engineer in Charge

27.1 If 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 specified reasonable time.
27.2 The Engineer in Charge shall be entitled to terminate the Contract if the Contractor
a) abandons the Works or otherwise plainly demonstrates the intention not to
continue performance of his obligations under the Contract,
b) the Contractor is declared as bankrupt or goes into liquidation other than for
 approved reconstruction or amalgamation;
c) without reasonable excuse fails to comply with the notice to correct a particular
defect within a reasonable period of time.
d) the Contractor does not maintain a valid instrument of financial security as
prescribed;
e) the Contractor has delayed the completion of the Works by such duration for
which the maximum amount of liquidated damages is recoverable;
f) If the Contractor fails to deploy machinery and equipment or personnel or set up
a field laboratory as specified in the Contract Data.
g) 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.
h) Any other fundamental breaches as specified in the Contract Data.
27.3 In any of these events or circumstances, the Engineer in Charge may, upon giving 14
days’ notice to the Contractor, 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 may terminate the Contract immediately.
27.4Notwithstanding the above, the Engineer-in-Charge may terminate the Contract for
convenience by giving notice to the Contractor.
28. Payment upon Termination
28.1 If the contract is terminated under clause 27. 3, the Engineer shall issue a certificate
for value of the work accepted on final measurements, less advance payments and
penalty as indicated in the Contract Data. The amount so arrived at shall be
determined by the Engineer-in-Charge and shall be final and binding on both the
parties.
28.2 Payment on termination under clause 27. 4 above -
If the Contract is terminated under clause 27.4 above, the Engineer shall issue a
certificate for the value of the work done, the reasonable cost of removal of
Equipment, repatriation of the Contractor's personnel employed solely on the
Works, and the Contractor's costs of protecting and securing the Works and less
advance payments received up to the date of the certificate, less other recoveries
due in terms of the contract and less taxes due to be deducted at source as per
applicable law.
28.3 If the total amount due to the Employer exceeds any payment due to the Contractor,
the diference shall be recovered as per clause 24 above.

29. Performance Security

The Contractor shall have to submit performance security and additional
Performance Security, If any; as specified in the Bid Data Sheet at the time of signing
of the contract. The contractor shall have to ensure that such performance security
remains valid for the period as specified in the Contract Data.
29.1 In the agreements in which only contraction work is to be done and after construction
no maintenance is to be done by the contractor, in such agreements performance
security will be returned after issuing completion certificate as prescribed annexure -
U(vide E-in-C letter no 271/2015-16/ E- Tendering /1953 Dated 19/01/2016).
 29.2 In the agreements in which after the completion of the work contractor has to de
maintenance for certain time period in such agreements performance will be returned
after the maintenance is over (vide E-in-C letter no 271/2015-16/ E- Tendering /1953
Dated 19/01/2016).

30. Security Deposit-

30.1 Security Deposit shall be deducted from each running bill at the rate as specified in
the Contract Data. The total amount of Security Deposit so deducted shall not
exceed the percentage of Contract Price specified in the Contract Data.
30.2 The security deposit may be replaced by equivalent amount of bank guarantee or
fixed deposit receipt assigned to the Employer, with validity up to 3 (three) months
beyond the completion of Defect Liability Period/ extended Defect Liability Period.
30.3 The Security Deposit less any amount due shall be refunded to the contractor after the
Defect Liability Period is over and subjected to certifying by the Executive Engineer
that no liability is attached to the contractor.
31. Price Adjustment
31.1 Applicability
1. Price adjustment shall be applicable only if provided for in the Contract
Data.
2. The price adjustment clause shall apply only for the works executed from the
date of signing of the agreement until the end of the initial intended completion
date or extensions granted for reasons attributed to the Employer by the
Engineer.
3. The Contractor shall not be entitled to any benefit arising from the price
adjustment clause for extension in the contract period for reasons attributed
to the Contractor.
4. In the Force Majeure event the price escalation clause shall apply.
31.2 Procedure
1. Contract price shall be adjusted for increase or decrease in rates and price of
labour, materials, fuels and lubricants in accordance with following principles
and procedures and as per formula given in the contract data.
2. The price adjustable shall be determined during each quarter from the formula
given in the contract data.
3. Following expression and meaning are assigned to the work done during each
quarter
:
R = Total value of work during the quarter. It would include the amount of
secured advance granted, if any, during the quarter, less the amount of secured
advance recovered, if any during the quarter, less value of material issued by the
department, if any, during the quarter.

4. Weightages of various components of the work shall be as per the Contract Data.

31.3 To the extent that full compensation for any rise or fall in costs to the contractor is
not covered by the provisions of this or other clauses in the contract, the prices
 included in the contract shall be deemed to include amounts to cover the
contingency of such other rise or fall in costs.
31.4 The index relevant to any quarter, for which such compensation is paid, shall be the
arithmetical average of the indices relevant of the calendar month.
31.5 For the purpose of clarity it is pointed out that the price adjustment may be either
positive or negative, i.e. if the price adjustment is in favour of the Employer, the
same shall be recovered from the sums payable to the Contractor.
32. Mobilization and Construction Machinery Advance
32.1 Payment of advances shall be applicable if provided in the Contract Data.
32.2 If applicable, the Engineer in Charge shall make interest bearing advance payment to
the contractor of the amounts stated in the Contract Data, against provision by the
contractor of an unconditional Bank Guarantee in a form and by a nationalized/
scheduled banks, in the name as stated in the Contract Data, in amounts equal to
the advance payment. The guarantee shall remain effective until the advance
payment has been repaid, but the amount of the guarantee shall be progressively
reduced by the amounts repaid by the contractor.
32.3 The rate of interest chargeable shall be as per Contract Data.
32.4 The construction machinery advance, if applicable, shall be limited to 80% of the
cost of construction machinery and admissible only for new construction machinery.

32.5 The advance payment shall be recovered as stated in the Contract Data by deducting
proportionate amounts from payment otherwise due to the Contractor. No account
shall be taken of the advance payment or its recovery in assessing valuations of work
done, variations, price adjustments, compensation events, or liquidated damages.
33. Secured Advance
33.1 Payment of Secured Advance shall be applicable if provided in the Contract Data.
33.2 If applicable, the Engineer shall make advance payment against materials intended
for but not yet incorporated in the Works and against provision by the contractor of
an unconditional Bank Guarantee in a form and by a nationalized/ scheduled bank,
in the name as stated in the Contract Data, in amounts equal to the advance payment.
The guarantee shall remain efective until the advance payment has been adjusted,
but the amount of the guarantee shall be progressively reduced by the amounts
adjusted by the contractor.
33.3 The amount of secured advance and conditions to be fulfilled shall be as stipulated in
the Contract Data.

33.4 The Secured Advance paid shall be recovered as stated in the Contract Data.

34. Payment Certificates

34.1 The bill shall be submitted by the contractor by 10th day of each month, payment of this
bill shall be efected as per provision of payment schedule vide Section-4, Payment
Schedule. Non submission of the bills on the schedule dates will absolve the Department
of the liability to make payment.
34.2 However, no claim on account of delay in payments, which might occur due to reasons
beyond the control of the department, shall be entertained.

34.3 Contractor’s price bid as approved shall be divided among components of work as given
in Section-4, schedule of payment to their respective percentage as stipulated in
schedule of payment Appendix F and same shall be considered for payment.

34.4 The schedule of Payment Section-4 shall supersede all mode of payment(s) / payments
schedule (if) stipulated anywhere in tender document.

34.5 The proportion of diferent component of work as compared to overall cost of project is
as per stipulation in Section-4 , schedule of payment.

34.6 Contractor whose price bid has been accepted shall be required to submit component
wise detailed schedule of payment, based on and limited to the components of work
and percentage of bid amount shown in schedule of Payment Section-4. This detailed
schedule of payment shall be got approved from Chief Engineer, and any payment due
before the approval of payment schedule will be paid 80% as per departmental
estimated cost plus or minus percentage quoted by contractor Rate by agency which will
be subsequently adjusted in slice payment with the prior approval of the Project Chief
Engineer.

34.7 The components shown in schedule of payment, Section-4 shall be further divided into
appropriate sub-components and their stages for the purpose of payment. The stages
should have relation to the programme of Construction taking due cognizance of
interdependency of various activities. Each stage shall be expressed as percentage of
total cost of approved bid. Sum of all such stages of particular component shall be equal
to the percentage of that component shown in the schedule of payment Section-4.

34.8 The detailed schedule of payment approved by the Chief Engineer shall form part of the
agreement.

34.9 The payment shall be released only as per work done and respective component of work
has been completed and/or levels are achieved.

34.10 Contractor shall record the joint measurements for work carried out as per procedure
laid down by department for purpose of keeping record and same shall be got checked
from competent authority before payment. All hidden measurement shall be got 100%
checked from the competent authority before payment. The contractor shall produce
results of quality control tests carried out by Quality Control Organization of Department
and Quality Certificate from Employer’s Representative. If the test result do not fulfill the
stipulated criteria laid down in specifications the payment will be limited as per the
provisions in the specification(s) and if number of results fail beyond the limit of
acceptance, then the contractor shall not be paid unless he rectifies all such imperfect
work(s). The decision of the Chief Engineer in respect of the matters pertaining to the
quality control shall be final and binding on the Contractor.

34.11 The contractor shall execute the various components of work as per approved drawings
and specifications. The contractor shall arrange to take and record all measurements of
work done of various components of work in the Measurement Books/Level field books
 and plotted in the cross section sheets and quantities arrived as per actual execution as
and when required.

34.12 Measurements will be recorded by the contractor for the finished designed section of
work only for which all tests are conducted and work done in accordance with
specifications and contract conditions by using the materials specified in the contract.

34.13 The Contractor shall on submitting the bill thereof be entitled to receive a monthly
payment proportionate to the part thereof then approved and passed by the Engineer-
in-Charge, whose certificate of such approval and passing of the sum so payable shall be
final and conclusive against the Contractor. But all such intermediate payments shall be
regarded as payment by way of advance against the final payment and not as payments
for work actually done and completed and shall not preclude the requiring of bad,
unsound and imperfect or unskilled work to be removed and taken away and
reconstructed, or any part thereof, in any respect of the occurring of any claim, nor shall
it conclude, determine or afect in any way, the powers of the Engineer-in-Charge under
these conditions or any other way vary or afect the Contract.

34.14 A bill shall be submitted by the Contractor each month on or before the date fixed by
the Engineer-in-Charge for all work executed in the previous month and the Engineer-in-
Charge shall take or cause to be taken the requisite measurement for the purpose of
having the same verified and the claim, as far as admissible, adjusted if possible, before
the expiry of ten days from the presentation of the bill. If the Contractor does not submit
the bill within the time fixed, as aforesaid, the Engineer-in-Charge may depute a
subordinate to measure up the said work in the presence of the Contractor whose
counter signature to the measurements list will be sufficient warrant, and the Engineer-
in-Charge may prepare a bill from such list which shall be binding on the Contractor in all
respects. Only constructed portions of the works shall be eligible for payment.

34.15 The Contractor shall submit all his bills on the format approved by Engineer-in-Charge
and the charges in the bill shall always be entered at the rates specified in the payment
schedule specified and approved by Engineer-in-Charge.

34.16 All payments shall be adjusted for deductions for advance payment, security deposit,
other recoveries in terms of contract and taxes at source as applicable under the law.
Payment of GST shall be made separately to the contractor as per prevailing rate at the
time of raising of bill/invoice by the contractor.

34.17 Payments shall be adjusted for recovery of penalty in terms of Bid conditions and
security deposit for the due fullfillment of the contract. Recoveries will be afected
towards seigniorage (Royalty) and cess charges on the materials used and sales tax and
other statutory taxes as per the State and Central Government Rules. Payment will be
made to the Contractor under the certificate to be issued at reasonably frequent
intervals by the Engineer-in-Charge, and intermediate payment will be so certified and
balance of 5% will be withheld and retained as security for the due fulfilment of the
contract under the certificate to be issued by the Engineer-in-Charge.

34.18 In case of over payments or wrong payment if any made to the contractor due to wrong
interpretation of the provisions of the contract, Condition of Contract etc., such
unauthorized payment will be deducted in the subsequent bills or final bill for the work
 or from the bills under any other contracts with the Government or at any time
thereafter from the deposits available with the Government.

Any recovery or recoveries advised by the Government Department either state or central,
due to non-fulfilment of any contract entered into with them by the contractor shall be
recovered from any bill or deposits of the contractor.

34.19 The contractor is not eligible for any compensation for inevitable delay in handing over
the site or for any other reason. In such case, suitable extensions of time will be granted
after considering the merits of the case by the Chief Engineer.

The Engineer-in-Charge shall within 30 days after receiving a Statement and Supporting
documents, give to the Contractor notice of any items in the Statement with which the
Engineer in charge disagrees, with supporting particulars. Payments due shall not be
withheld, except that;

a. If anything supplied or work done by the Contractor is not in accordance with the
Contract, the cost of rectification or replacement may be withheld until rectification or
replacement has been completed; and / or
b. If the Contractor was or is failing to perform any work or obligation in accordance with
the contract and had been as notified by the Engineer in charge, the value of this work
or obligation may be withheld until the work or obligation has been performed.

34.20 The Employer may, by any payment, make any correction or modification that should
properly be made to any amount previously considered due. Payment shall not be
deemed to indicate Engineer in charge acceptance, approval, consent or satisfaction.

All progressive payments made to the Contractor shall be reviewed on quarterly basis and
reconciled with the break-up of the schedule. Over payments/under payments made, if any,
shall be adjusted in the next interim/final payments.`

E. Finishing the Contract

35. Completion Certificate
35.1 A Completion Certificate in the prescribed format in Contract Data shall be issued by
the Engineer-in-Charge after physical completion of the Work.
35.2 After final payment to the Contractor, a Final Completion Certificate in the
prescribed format in the Contract Data shall be issued by the Engineer-in-Charge.

36. Final Account

36.1 The Contractor shall supply the Engineer with a detailed account of the total amount
that the Contractor considers payable for works under the Contract within 21 days of
issue of certificate of physical completion of works. The Engineer shall issue a
Defects Liability Certificate and certify any payment that is due to the Contractor
within 45 days of receiving the Contractor’s account if it is correct and complete. If
the account is not correct or complete, the Engineer shall issue within 45 days a
schedule that states the scope of the corrections or additions that are necessary. If
the Account is still unsatisfactory after it has been resubmitted, the matter shall be
referred to the Competent Authority as defined in the Contract Data, who shall
 decide on the amount payable to the Contractor after hearing the Contractor and
the Engineer in Charge

36.2 In case the account is not received within 21 days of issue of Certificate of
Completion as provided in clause 32.1 above, the Engineer shall proceed to finalise
the account and issue a payment certificate within 28 days
C. Other Conditions of Contract
37. Currencies

All payments will be made in Indian Rupees.

38. Labour

38.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staf and labour, local or other, and for their
payment, housing, feeding and transport.
38.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in
detail, in such form and at such intervals as the Engineer may prescribe, showing the
staff and the numbers of the several classes of labour from time to time employed
by the Contractor on the Site and such other information as the Engineer may
require.
39. COMPLIANCE WITH LABOUR REGULATIONS
39.1. During continuance of the Contract, the Contractor and his sub-Contractors shall
abide at all times by all existing labour enactments and rules made there under,
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that may
be passed or notification that may be issued under any labour law in future either by
the State or the Central Government or the local authority. Salient features of some
of the major labour laws that are applicable to construction industry are given in the
Contract Data. The Contractor shall keep the Employer indemnified in case any
action is taken against the Employer by the competent authority on account of
contravention of any of the provisions of any Act or rules made their under,
regulations or notifications including amendments. If the Employer is caused to pay
or reimburse, such amounts as may be necessary to cause or observe, or for non-
observance of the provisions stipulated in the notifications/byelaws/Acts/Rules/
regulations including amendments, if any, on the part of the Contractor, the
Engineer/Employer shall have the right to deduct from any money due to the
Contractor including his amount of performance security. The Employer/Engineer
shall also have right to recover from the Contractor any sum required or estimated
to be required for making good the loss or damage suffered by the Employer. The
employees of the Contractor and the Sub-Contractor in no case shall be treated as
the employees of the Employer at any point of time.
40. Audit and Technical Examination
Government shall have the right to cause an audit and technical examination of the
works and the final bill of the contract including all supporting vouchers, abstract etc.
to be made after payment of the final bill and if as a result of such audit and
technical examination any sum is found to have been overpaid in respect of any
work done by the contractor under the contract or any work claimed by him to have
been done under the contract and found not to, have been executed, the Contractor
shall be liable to refund the amount of overpayment and it shall be lawful for
 Government to recover the same from him in the manner prescribed in clause 24
above and if it is found that the Contractor was paid less than what was due to him,
under the contract in respect of any work executed by him under it, the amount of
such under payment shall be duly paid by Government to the Contractor.

41. Death or Permanent Invalidity of Contractor

If the Contractor is an individual or a proprietary concern, partnership concern, dies
during the currency of the contract or becomes permanently incapacitated, where
the surviving partners are only minors, the contract shall be closed without levying
any damages/ compensation as provided for in clause 28.2 of the contract
agreement. However, if the competent authority is satisfied about the competence
of the survivors, then the competent authority shall enter into a fresh agreement for
the remaining work strictly on the same terms and conditions under which the
contract was awarded.
42. Jurisdiction
This contract has been entered into the State of Madhya Pradesh and its validity,
construction, interpretation and legal efect shall be subjected to the courts at the
place where this agreement is entered into. No other jurisdiction shall be applicable.
 SECTION 3
Conditions of Contract
Part – II Special Conditions of Contract
1 GENERAL
1.1 The data and information given in the Contract Document are based on the investigations, planning
and designs carried out so far. The data considered for the work planning have been included in the
bid documents. The Contractor shall, therefore, satisfy himself about the adequacy and accuracy of
the said data/information and interpretation thereof and collect fresh data/additional
data/information and carry out/conduct further investigations and studies. The Employer shall not
be responsible for the accuracy/adequacy of the data/information and interpretation thereof by
the Contractor.
1.2 The major components of works to be executed by the contractor under this contract shall be as
described section - wise as follows. Execution of all these works shall include all Construction
plant / equipment and materials indigenous or imported, survey, investigation, survey equipment,
studies and all services and facilities required for completion of the work.
1.3 Any requirements of work whether requested by the Employer or otherwise and whether
specifically described in the Contract or not but are necessary or required for the proper
completion and functioning of the Works in accordance with the Contract including remedying of
any gaps and deficiencies in the Works shall not be deemed to be considered as any change in the
Scope of Work and shall not entitle the contractor for any extra payment.

2 Sufficiency OF Bid
2.1 The Contractor shall be deemed to have visited and carefully examined the Project Site and its
surrounding to have satisfied himself to the nature and conditions of the means of transport
and communications, whether by land or air, as available at present and as to possible
interruptions thereto including the access and regress conditions for the Site. The Contractor is
also deemed to have made enquiries, examined and satisfied himself as to the sites source for
obtaining sand, stones, moorum and other materials, the sites for disposal of surplus materials
and accommodation for depots, colonies, workshops and other infrastructure facilities as may
be necessary for executing and completing the Works, as also the sub-soil water and variations
thereof, storms, prevailing winds, climatic conditions and all other similar matters afecting the
works including law & order.
2.2 Any neglect or omission or failure on the part of the Contractor in obtaining necessary and
reliable information upon the foregoing or any other matter afecting the Contract shall not
relieve him from any risks or liabilities or the entire responsibility for the completion of the
Works in accordance with the Contract.
2.3 No verbal agreement or inference from conversation with any officer or employee of the
Employer either before or after the signing of the Contract shall in any way afect or modify any
of the terms or obligations herein contained. The Contractor shall also be deemed to have
inspected and examined the Site and to have satisfied himself, before submitting his Bid, as to
the form and nature thereof including the sub-surface conditions and other local conditions,
the hydrological, geological and climatic conditions, the extent and nature of work and
materials necessary for the completion of the Works, the means of access to the Site and the
land for accommodation etc. he may require and, in general, shall be deemed to have obtained
all necessary information, as to risks, contingencies and all other circumstances which may
 influence or afect his Bid.

3.0 Survey and Detailed Investigation

3.0.1 The scope of work under this section covers surveys and investigation requirement for fixing
alignment of total canal system if required to change the alignment fixed by the Deptt. under this
Contract, finalizing location of structures on the canal system, grid surveys for structures, surveys
for catchments areas of Nalla / Rivers for less than 1 sq km, their longitudinal sections and cross
section, marking contours at 0.5 meter interval along the ridges and valleys, land plan schedules
and land acquisition proposals including demarcation of land to be acquired by fixing appropriate
no of boundary stones etc; for design engineering of the total canal system including structures
under this Contract; for execution and commissioning of the project. The Contractor shall carryout
surveys and detailed investigation required for the whole canal systems under this Contract as per
the I.S. Codes, CWC manuals, Standards, Guidelines, Circulars of the Department issued from time
to time. This shall not entitle the contractor to additional cost whatsoever other than the contract
price. The total scope of services shall be as per Section-1 (Part-C). Command area survey is to be
carried as far as possible by the Total Station instrument but center line survey of canal and fixing
of TBM, PBM by auto level machine.

3.1 Review and Assessment of Data Requirement.

Work includes Review of available survey and investigation data, identification of
additional survey and investigation requirement considered necessary for design,
execution and commissioning of the Canal System.

Complete material testing including soil testing of necessary for design of Canal Lining
work from NABL affiliated laboratory/Govt. Engineering /College / Polytechnic.
Preparing of design statement, design, drawing, of canal lining as per design criteria of
WRD, relevant IS Code, IRC publication, canal lining parameters & circular issued by WRD
time to time preparing details estimate as per prevailing WRD USR on the basis of
approved design, drawing, clubbing of items of works for record measurement as basis of
payment including getting approval from competent authority.
.
3.1 Additional/fresh investigations, Observations and Studies
1. Carrying out additional/fresh surveys, geo-technical investigations and laboratory tests,
analysis and studies including collection of other relevant data as necessary.
2. Evaluation of results of additional investigations and laboratory tests, analysis and
studies including collection of other relevant data as necessary.
3. Finalization of conceptual plan based on preliminary investigation/planning of the
Employer. The detailed investigation and geo technical investigations are to be carried
out for the total canal system under the work of Contract. The conceptual plan shall be
on whole, to the part principle.
 4. Preparation and submission of reports on Clause 2.1 & 2.2 above for references,
acceptance and record of Engineer-in-Charge.
3.2 DETAILED INVESTIGATION:
1. Preparation of a memorandum on conducting surveys and investigation indicating
investigation criteria, methodology to be followed, equipment proposed to be used
and method of analysis for all components of the Work (Command area,
Distributory /Minor and Sub minors System, Survey up to 08-10 ha Chak, Structures on
the total canal system).
2. Preparation of command survey plans of whole command area on combined village
map with contours at 0.5 m intervals making ridges and valleys showing clearly
command area.
3. Survey for fixing alignment taking trial pits/bore holes and borrow area survey and
obtaining approval of competent authority and fixing permanent benchmarks
connected with GTS Benchmark along the alignment on the canal boundary line one at
every five km.
4. Marking approved alignments on command area and chak boundaries position of Out
Lets and structures on command plan, Longitudinal Sections and Site plan showing
alignment of canals.
5. Preparing revenue registers village wise and outlet wise, Preparing chak statement,
distributory/minor/sub-minor wise, Outlet register.
6. Catchment area survey, grid survey, leveling along nalla/river to determine bed slope
and cross section of nalla/river for C.D. works.
7. Grid survey for other structures, such as Road crossing, cross regulators, Escape falls,
distributory and minor head sluices, metering flumes/APM etc., trial pits, core drilling
for foundation investigation of structures.
8. Preparing land plans schedules and land acquisition proposals (Private Land,
Government Land, Forest Land if any etc.) Property cases if any and such as wells,
trees, houses etc., preparing temporary land acquisitions proposals for borrow area or
crop compensation.
9. All the drawings like command area Plan longitudinal sections and cross section of all
the canals, roads, drains/ Nallas /Rivers site surveys of all the CD works, Head Sluices
APM etc, Payment Schedules and Land acquisition proposals shall be submitted to
Engineer-in-Charge for obtaining his approval.
4. Liaison with the Employer and Employer’s Representative
Liaison with the Engineer, from the start of investigation to actual Commissioning of
the canal system in full.

4. Project Completion Report

4.1 Preparation of as-built drawings for Canal System, its structures and a Detailed Project
Completion Report.

5. Preparation of monthly progress reports on the progress of the investigation work.

No separate payment shall be made for conducting any of the surveys, detailed investgation and
geo-technical exploration etc., indicated above and needed for the completion of the work and
shall deemed to be included in the quoted price

6.0 Design and Construction

4.1 During detailed Engineering the Contractor shall submit design of the canal, canal structures,
transitions, flow measuring devices keeping in view the safety, cost and time efectiveness
provided always that the design of the canal system shall be always in conformity with the
basic parameters and in accordance with the Nationally/Internationally accepted practice and
for the optimal performance of the works as warranted under the Contract. This shall not
entitle the Contractor to additional cost, whatsoever, other than the contract price. The
number of copies of the Reports and other Documents to be submitted to the Engineer-in-
Charge by the contractor is also specified in Contract Document.

4.2 Data and information related to the Project have been furnished in the bid documents. All
additional survey, investigation and testing data and any other data relevant to design shall
be collected by the Contractor without any financial burden to the Employer.

4.3 If after the detailed survey it is found that numbers of minors and subminors indicated in the
payment schedule are insufficient to irrigate required/designed C.C.A. then additional required
minors & subminors will have to be constructed within the define percentage (%) of bid amount.

7.0 Civil Works

The scope of work under this section covers provision of all labour, plant and materials for and
execution of all civil works, complete in all respect, as described in conditions of contract and
Technical Specifications of Bid Documents including incidentals and all necessary works not
shown or specified but reasonably implied or necessary for the proper completion and
functioning of the Works in accordance with the contract including any amendments thereof.

8.0 Gates including hoisting arrangement and EM Parts

The scope of work under this section covers provision of all labour, plant and materials for
fixing and execution of all hydro-mechanical works i.e., Gates, including electro-mechanical,
embedded Parts and hoisting arrangements complete in all respect, as per Technical
Specifications of Bid Documents including incidentals and all necessary works not shown or
specified but reasonably implied or necessary for the proper completion and functioning of the
 Works in accordance with the contract including any amendments thereof. Supply of gates i/c
hoisting arrangement and EM parts are also included in the scope of work.

9.0 Trial run and Commissioning

The scope of work under this section shall be as per the terms and conditions provided in Appendix
– OM.

10.0 Tests and Quality control

The Contractor shall be required to carry out all tests in accordance with relevant Clauses of the
Conditions of contracts and the Technical Specifications & as per I.S. codes. Employer’s
authorized representative shall have at all reasonable times access to the site and shall have the
power to inspect and examine the materials and workmanship of the works during execution.

Employer’s authorized representative and/or an outside inspection agency acting on behalf of the
Employer shall have access to the site and shall have the power to inspect and examine all works,
the materials and workmanship of the project works, during execution. The Contractor shall
provide necessary labors tools, scafolding or any other assistance as desired by the Employer’s
authorised representative without any extra payment.

Where the field quality assurance plan provided for witnessing tests/inspection on behalf of the
Engineer, the Contractor shall give the Engineer-in-Charge adequate written notice of any
inspections/tests.

Where the Engineer or his Representative attends the tests and has any objection to any works
or workmanship which in his opinion is not in accordance with the Contract he shall advise the
Contractor of his objection during tests/inspections. The Contractor shall give due consideration
to such objections and shall make modifications that may be necessary to meet the said
objective.

The inspection/tests by Engineer/ Engineer’s Representative/Agency and/or his countersigning

inspection/test certificate(s) thereon shall in no way limit the liabilities and responsibilities, of
the Contractor as stipulated in the Contract.

The Contractor shall maintain and record all measurements and test results and submit the
same to the Employer after completion of such inspection/tests.

11 MEASUREMENTS AND PAYMENTS

The Contractor is entitled for interim payment under various sections of the work in
accordance with the General Conditions of Contract. Measurement / verification for interim
payment certificate of various items, under various sections of the works, shall be made jointly
by the Engineer-in-Charge or his Subordinate Staf and the Contractor or his authorized
representative for verifying the claims of the Contractor’s interim payment/running bills.

All items having a financial value shall be measured in the manner as prescribed in specification
by the contractor and verified by the Engineer-in-Charge so that a complete record is
maintained of all work performed under the Contract.

Measurement shall be signed and dated by both parties on the Site. If there is any dispute in
 any of the measurements a note to the efect shall be made in the measurement record against
the disputed items and such note shall be signed and dated by both parties engaged in taking
the measurements and the Parties shall discuss and resolve the same in accordance with
relevant clauses of the contract.

12 Fixing of Gates and Hydro-Mechanical Plant and Machinery

If for any reason, any parts of the Works of the Project are delayed, then the total programme
may be re-scheduled by mutual agreement between the Engineer-in-Charge and the
Contractor, if necessary, keeping the overall completion schedule of the project unaltered. No
extra cost whatsoever, on account of such re-scheduling shall be payable to the contractor.

13 Drawings and Designs:

The Contractor shall formulate submission of proposals for alignment approval, design and
drawings and estimates for earthwork, inline structures according to the powers vested with
various departmental officers for approval. Contractor shall supply to the Engineer-in-Charge 6
(six) copies and each of the design calculations and drawings for approval. The Contractor shall
incorporate all necessary comments of the Engineer’s Representative in the above design and
drawings, if any, and shall re-submit further 6 (six) copies each of the revised design and
drawings within 10 (ten) days for final approval. The Contractor shall thereafter submit 10 (Ten)
copies each of the approved design and 10 (Ten) copies each of the approved drawings together
with one copy each of the reproducible tracings to Engineer-in-Charge. Further design
calculations and drawings shall be submitted in sequence as per a schedule to be drawn and
agreed upon mutually.

The documents and drawings shall be in sufficient detail for review. The scale of the drawing
has to be chosen in coordination with the Engineer-in-Charge. The drawings shall be of
standardized sizes and as instructed by the Engineer-in-Charge. The drawings shall contain the
following basic information in the nameplate:
a) Project name
b) Name and number of the Contract
c) Contractor's name
d) Number and title of the drawing
e) Date and scale
f) Draftsman's name and signature
g) Name of the designer responsible and signature
h) Submision Number (R0 for drawing submitted initially and R1, R2, etc., for drawings
submitted subsequently).

i) Name and designation of checking official and space for signature.

j) Approving authorities name and designation as specified by the Engineer-in-Charge

and space for the signature.

A blank space 90 x 50 mm shall be provided immediately above the title block for the approval
stamp. If required, the detailed design and the execution drawings shall be submitted only after
verification by the Consultant(s) approved by the Engineer
The Contractor shall be responsible for preparation of working drawings and the Construction
documents for works, as specified in the Contract. the Contractor’s work program shall include
such submission and approval procedure.
 Drawings given, listed and indexed during the bidding by the department are indicative, but will
form part of the contract.
The contractor shall carry out alignment studies including cost economics by examining all possible
alternative to prepare detailed layout, designs and drawings of all components of the work stated
in scope of work.
The contractor shall use guidelines in the relevant IS codes, IRC publications and circulars issued by
the department from time to time for various components of the works.
All the studies, layout drawings and modifications if required to be prepared for taking up execution
of the work, shall be prepared by the contractor and shall be got approved from the competent
authority.
The contractor will have to submit detailed drawings of each component with appropriate scales,
measurements, RL’s, full dimensions, index map locations of components such as godown,
dumping area, internal roads, etc.,
The contractor is expected to organize his work to the best of his knowledge so that final draft of
various types of designs and layouts will be submitted to competent authority within stipulated
time period.
All the studies layouts, drawings, design notes, which have been submitted to the department, shall
become the absolute property of department under the copy right act and the contractor shall not
use the same in whole or part thereof elsewhere for any purpose without explicit written
permission from the department.
In all difference of opinion on technical matters between the contractor and the Engineer-in-Charge,
the decision given by the Engineer shall be final and binding on the contractor.

14 Supply of Drawings, Reports etc.:- The Contractor shall furnish to the Engineer-in-Charge the
following number of copies of drawings, reports and other technical documents:
SL. PARTICULARS HARD COPIES SOFT REMARKS
NO. COPIES
(CD)

1.Drawings for information 6 (six) sets 1 (One)

2.Drawings for approval 6 (six) sets 1 (One) One hard copy shall be returned
to the Contractor with approval
or comments.

3.Approved drawings 1+10 sets 1 (One)

4.As-built document Shall be submitted in

accordance with Conditions of
Contract

5.Review Report/ Design 3 (Three) sets One hard copy shall be returned
Briefs/Design Memo/ Design to the Contractor with approval
Reports (Draft) or comments.

6.Review Report/ Design 1 + 10 sets 1 (One)

Briefs/Design Memo/ Design
Reports (Final)

7.Progress Reports (monthly) 6 (Six) sets Hard Copy Also through e-mail to
 respective authority

8.Final design computations 6 (six) sets 1 (One)

9.Detailed Project Completion 10 (Ten) sets 1 (One)

Report copy in CD

No separate payment shall be made for any of the design and engineering works indicated above and
needed for the completion of the project and shall deemed to be included in the quoted price.

15 Project Completion Report

Preparation of as-built drawings for Canal Lining System, and its Completion Report.

16 CONTRACTOR’S WORK PROGRAMME

Within 15 (fifteen) days from the Date of Commencement, the Contractor shall submit to the
Employer a work programme showing the sequence in which he proposes to carry out various
components for completing the Works within the TIME FOR Completion. Work programme
shall indicate the sequence of various activities and highlight the critical activities including
delivery of equipment. Such work programme shall be subject to review and revision by the
Employer/Engineer in consultation with the Contractor from time to time in order to achieve
completion of the Works within the TIME FOR Completion.

The contractor shall also submit to the Employer/Engineer the information on detailed
methodology of carrying out investigation surveys, design engineering, detailed Construction
methodology along with schedule for deployment of plant & machineries, which shall
successively be adjusted in order to meet the actual requirement to complete the works within
the Time for Completion along with the work programme.

Work of Canal network shall be taken up at least ten separate locations / section
simultaneously; so that the work can be completed within time for completion.

Efort should be made to complete the work from upstream to downstream of the canal
simultaneously .

Action when the progress of any crucial item of work is unsatisfactory.

If the progress of a crucial item of work, which is important for timely completion of work is
unsatisfactory, the Engineer-in-Charge, shall not withstanding, that the general progress of work
is satisfactory, in accordance with relevant clause be entitled to take action under this clause
after giving the contractor 7 days notice in writing and the contractor will have no claim for
compensation for any loss sustained by owing to such action.

17 PROGRAMME – SCHEDULING / RE-SCHEDULING

The Works shall be executed and performed in accordance with the Work Programme which
shall clearly indicate the interlinking / interdependencies of all the works of the Contract
including relative activities of Civil Works. The Programme shall be reviewed jointly by the
Employer/ Engineer and the Contractor, at least once in a month where-in the hold ups/delays,
 if any, in the progress of Works, with reference to the agreed Schedule shall be given Special
Attention. Necessary modifications (updating / Revisions) of the Programme, within the overall
Time for Completion, shall be carried out by mutual agreement between the Employer/
Engineer and the Contractor.

If for any reason, any parts of the Works of the Project are delayed, then the total programme
may be re-scheduled by mutual agreement between the Employer/ Engineer and the
Contractor, if necessary, keeping the overall completion schedule of the project unaltered. No
extra cost whatsoever, on account of such re-scheduling shall be payable to the contractor.

18 Progress Report
The Contractor shall submit to the Engineer, Engineer’s Representative and Engineer-in-Charge
monthly progress report in such form and details as prescribed.

19 Inspection and tests ::

Except as otherwise provided, all materials and workmanship. If not otherwise designated by
the specifications, shall be subject to inspection, examination and test by the Engineer-in-
Charge at any and all times during manufacture and/or Construction and at any/all places
where such manufacture or Construction are carried on. The Engineer-in-Charge shall have
the right to reject defective material and workmanship or require its corrections. Rejected
workmanship shall be satisfactorily replaced with proper material without charge thereof and
the contractor shall properly segregate and remove the rejected material from the premises, if
the contractor fails to proceed at once with the replacement of the rejected material and / or
the Construction of defective workmanship, the Engineer-in-Charge may replace such material
and / or correct such workmanship and charge the cost thereof to the contractor.
The Contractor shall be liable for replacement of defective work up to the time in accordance
with the conditions of contract of all work to be done under the contract.
The contractor shall furnish promptly without additional charge all facilities, labour and
material necessary for the safe and convenient inspection and tests that may be required by the
Engineer-in-Charge.
All inspections and tests by the department shall be performed in such a manner as not to
unnecessarily delay the work. Special full size and performance test shall be charged with any
additional cost of inspection when the contractor does not make materials and workmanship
ready at the time of inspection.

20 Damage to Works
The works whether fully completed or incomplete, all the works materials, machinery, plants,
tools, temporary buildings and other things connected there with shall remain at the risk and in
the sole charge of the contractor until whole of the completed work under the Contract has been
delivered to the Engineer-in-Charge. Until such delivery of the entire completed work the
contractor shall at his own cost take all precautions reasonably to keep all the aforesaid works,
materials, machinery, plants, temporary buildings and other things connected there with free
from any loss or damage and in the event of the same or any part thereof being lost or damaged,
he shall forth with reinstate and make good such loss or damage at his own cost.

21 Examination and tests on Completion:-

On the completion of the work the Engineer-in-Charge shall make such examination and tests
of the work as may then seen to him possible, necessary or desirable, and the contractor shall
 furnish free of cost any materials and labour which may be necessary thereof, and shall
facilitate in every way all operations required by the Engineer-in-Charge, in making
examination and tests.

22 Trial run of Canal System

On the completion of work the completed canal Lining system shall be subjected to trial run for 24
hours up to the 30 days to locate any defect and excessive seepage, if any. The trial run shall
not be deemed as commissioning of the canal system.

23 Haul Roads
The Contractor will have to make the work sites accessible to the departmental officers for
inspection by way of constructing/maintaining all weather roads /approaches, the cost of which
shall be born by the Contractor.

24 Layout of Construction of road

The Contractor shall have to submit detailed plan to the Engineer-in-Charge showing the layout
of the work site, roads and approach roads proposed by him, before he starts the actual work.
Such a road layout road plan will be scrutinized by the Engineer-in-Charge and any
modifications suggested by him shall be binding on the contractor. If it is decided by the
Engineer-in- Charge to have some of the roads proposed by the Contractor as common road for
common use of department and other contractors or convenient and for compact and planned
layout of work site, the Contractor will be bound to construct them and allow them to be used
simultaneously by other Contractors and departments. In case of disputes, the decision of the
Engineer-in-Charge shall be final and the binding on the Contractor.

25 Regulations and Bye-laws:

The contractor shall conform to the regulation, bye-laws, any other statutory rules made by any
local Authorities or by the Government and shall protect and indemnify Government against
any claim or liability arising from or based on the violation of any such laws, ordinance,,
regulations, orders, decrees, etc.,

26 Passing of Foundation, centering, reinforcement etc.,

After the completion of the work of excavation, the same will be checked and passed by the
competent authority. No masonry or concrete or back filling shall be laid unless the
foundations are so passed. No concreting shall commence, unless the centering and the
reinforcement is checked and passed by the Engineer-in-charge.

27 Signing Field Books, Longitudinal sections, cross- sections and Measurement Books
Before starting the work, and at the end before the work is covered, levels for plotting the
longitudinal sections (along the axis as decided by Engineer-in- Charge or his authorised
representative) and cross section of the portion of the work shall be taken by authorised
Engineer of the contractor in the presence of the Engineer-in-Charge or his authorised
representative and the same shall have to be got attested from the Engineer-in-Charge or his
authorised representative in token of acceptance.

If the contractor fails to take measurements and sign them, then the measurements recorded by
the Engineer-in-charge, or his authorized representative in the authorised books shall be final
and binding on the contractor. For this purpose, suitable date or dates shall be fixed by the
Engineer-in-Charge and intimated to the contractor. If the contractor, or his duly – authorised
 agent fails to attend on the appointed date or dates, the levels and measurements shall be taken
in his absence and such levels and measurements and longitudinal sections and cross sections
based there on shall be final and binding on the Contractor. The levels will be taken on such
alignments and cross sections as will be useful for reference permanently. The point of the
locations for the levels will depend upon the roughness of the area and will also be at least in
conformity with the requirement of specifications for “Excavation” as for as possible.

The similar procedure for record measurements shall hold good for all other items and activities
involved in execution of the work. All the levels/measurements shall be recorded by the
Engineer-in-Charge or his authorised representatives in the authorised level / measurement
books.

28 Quality Control
12.1 The contractor shall produce results of quality control tests carried out on the works by
his staf and the quality audit conducted by the department or by Engineer’s Representative on
these works. If the test result do not fulfill the stipulated criteria laid down in specifications the
payment will be limited as per the provisions in the specification(s) and if number of results fail
beyond the limit of acceptance, then the contractor shall not be paid unless he rectified all
such imperfect work(s). The decision of the Engineer-in-Charge in respect of the matters
pertaining to the quality control shall be final and binding on the Contractor.

29 CLEANING UP:
a. The Contractor shall at all time keep the Construction areas and his colony and storage free
from accumulation of waste or rejected materials.
b. Prior to the completion of the work, the Contractor shall remove all rubbish from
and around the premises and all tools, scaffolding equipment and material which are not part of
permanent structures executed or otherwise asked for or as provided under any other
Clauses of this contract, the premises will be left in a manner fully satisfactory to the
Engineer-in-Charge.

30 COMMUNICATIONS AND NOTICES BY CONTRACTORS:

All communication and or notices pertaining to works and concerning matters, such as passing and
approving of foundation, reinforcement, and form work, measurements, mark outs, etc shall
not be addressed by the Contractor to an officer not below the rank of Executive Engineer. All
such notices communications, etc shall be addressed in good time so as not to hold up the
work.

31 Compensation for delay by department in approval of design drawing

The contractor shall not be entitled to claim any compensation from department for the loss sufered
by him on account of delay by department in approval of design drawing, approval to
foundation approval of canal alignment etc. However this may be considered for grant of time
extension.

32 Works to be executed in accordance with Specifications, Drawings, Orders etc.,

The Contractor shall execute the whole and every part of the work in the most substantial and
workmen like manner and both as regards materials and otherwise in every respect in strict
accordance with specifications. The Contractor shall also confirm exactly, fully and faithfully to
the designs, drawings and instructions in writing relating to the work signed by the Engineer or
 Engineer-in-Charge and lodged in his office, and to which the contractor shall be entitled to
have access at such office or on the site of the work for the purpose of inspection during office
hours, and the contractor shall if he so requires, be entitled at his own expense to make or
cause to be made copies of specifications and of all such designs, drawings and instructions as
aforesaid.

33 Alterations in Specifications and Designs

Only competent authority for approval shall have power to make any alterations in, or omissions from,
addition to, or substitutions for the original specifications and approved drawings, designs and
instructions that may appear to him to be necessary or advisable during the progress of the
work and the contractor shall be bound to carry out the work in accordance with any
instruction which may be given to him in writing signed by the Engineer or The Engineer-in-
Charge and such alterations omissions, additions or substitutions shall not invalidate the
contract and any altered, additional or substituted work which the contractor may be directed
to do in the manner above specified as part of the work, shall be carried out by the contractor
on the same conditions, in all respects on which he agreed to do the main work and at the
same Bided cost.

34 Recovery of dues from the contractor

Whenever any claim, against the Contractor for the payment of a sum of money arises out of
or under the Contract. Government shall be entitled to recover such sum by appropriating, in
part or whole, the Security deposit and performance security deposit of the Contractor and to
sell any Government promissory notes etc., forming the whole or part of such security. In the
event of the security being insufficient or if no security has been taken from the Contractor,
then the balance or the total sum recoverable, as the case may be, shall be deducted from any
sum then due or which at any time thereafter may become due to the Contractor under this or
any other contract with Government. Should this sum be not sufficient to cover the full amount
recoverable from the Contractor then it shall be recovered from him as arrears of land revenue.

35 Works to be open for Inspection

All works, under or in course of execution or executed in pursuance of the contract shall at all
times be open to the inspection and supervision of the Engineer-in-Charge and his
subordinates and the contractor shall at all times during the usual working hours and at all
other times at which reasonable notice of the intention of Engineer-in-Charge or Executive
Engineer-in-Charge or his subordinate to visit the work shall have been given to the contractor
either he himself be present to receive orders and instructions, or have a responsible agent
duly accredited in writing, present for that purpose. Orders given to the contractor’s agent
shall be considered to have the same force as if they had been given to the contractor himself.

36 Notice to be given before work is covered up

The contractor shall give not less than fifteen days notice in writing to the Engineer-in-Charge
or Executive Engineer-in-Charge of the work before covering up or otherwise placing beyond
the reach of measurement any work in order that the same may be verified/checked and
correct dimensions thereof be taken before the same is so covered up or placed beyond the
reach of verification/checking of any work without the consent in writing of the Engineer-in-
Charge or Executive Engineer-in-Charge of the work, and if any work shall be covered up or
 placed beyond the reach of verification/checking without such notice having been given or
consent obtained, the same shall be uncovered at the contractor’s expense or in default
thereof, no payment or allowance shall be made for such work or materials with which the
same was executed.

37 Contractor to supply Plant, Ladders, Scafolding etc.,

The contractor shall supply at his own cost materials, plant, tools appliances, implements,
tackle, scafolding and temporary works requisite for the proper execution of the work,
whether original, altered or substituted and whether included in the specifications or other
documents forming part of the contract or referred to in these conditions or not, or which may
be necessary for the purpose of satisfying or complying with the requirements of the Engineer-
in-Charge as to any matter as to which under these conditions he is entitled to be satisfied, or
which he is entitled to require together with carriage to and from the work. The contractor
shall also supply without charge the requisite number of persons with the means and materials
necessary for the purpose of setting out works and counting, weighing & assisting in the
checking measurement or examinations at any time and from time to time of the work or
materials. Failing his so doing, the same may be provided by the Engineer-in-Charge or
Executive Engineer-in-Charge at the expense of the contractor and the expenses may be
deducted from any money due to the contractor under the contract, or from his security
deposit or the proceeds of sale thereof, or of a sufficient portion thereof Contractor is liable for
damages arising from non provisions of lights, fencing etc., The contractor shall also provide at
his own cost, all necessary fencing and lights required to protect the public from accidents, and
shall be bound to bear the expenses or defense of every suit, action or other proceedings of
law that may be brought by any person for injury sustained owing to neglect of the above
precautions and to pay any damages and costs which may be awarded in any such suit, action
or proceedings, to any such persons or which may be paid to compromise any claim by any
such person.

38 AUDIT AND TECHNICAL EXAMINATIONS:

Government shall have the right to cause any audit and technical examination of the works and
the final bills of the Contractor including all supporting vouchers, abstracts etc to be made after
payment of the final bill and if as a result of such audit and technical examinations any sum is
found to have been overpaid in respect of any work done by the contractor under the contract
or any work claimed by him to have been done by him under the contract and found not to
have been executed, the contractor shall be liable to refund the amount of overpayment and it
shall be lawful for Government to recover the same from him in the manner prescribed in
tender document and if it is found that the contractor was paid less than what was due to him
under the contract in respect of any work executed by him under it, the amount of such under
payment shall be duly paid by Government to the contractor.
Provided that Govt. shall not be entitled to recover any sum overpaid, nor the Contractor shall
be entitled to payment of any sum paid short where such payment has been agreed upon
between the Engineer-in-Charge on one hand and the Contractor on the other hand under any
terms of the Contract permitting payment for work after assessment by the Engineer-in-
Charge.
39 Use of site
a) All land required for use of Contractor facility shall be arranged by the Contractor from private
land owner/revenue department at his own cost and no claim on this account shall be
entertained. In case of forestland Engineer-in-charge will process the proposal prepared by the
Contractor and all further follow up for clearance is to be done by the contractor.
b) All areas of operation including those of his staff and labour colonies in case handed over to the
contractor shall be cleared and handed over back in good condition to the Engineer-in-Charge
except the areas under works constructed from the Engineer-in-Charge The Contractor shall
make good to the satisfaction of the Engineer-in-Charge any damage or alterations made to
areas which he has to hand over back or to other property or land handed over to him for the
purpose of this work.
C) The lands shall as herein before mentioned be handed over back to the Engineer-in-charge
immediately after completion of the work under this contract or the termination of the contract
whichever is earlier. Also no land shall be held by the Contractor longer than the Engineer-in-
Charge shall deem necessary and the Contractor shall on due notice by the Engineer-in-Charge
vacate and returned the land which the Engineer- in-Charge may certify as no longer required by
the Contractor for the purpose of the works. In case the lands are not handed over back to the
department within the time limit; specified above penal rent as may be decided by the Engineer-
in-Charge will be recovered from the contractor.
d) The vegetation and forest is noticeable in project area. The Contractor should take utmost care
for the preservation of this vegetation and forest. Any damage in this vegetation and forest will
have to be compensated by the Contractor and decision of Engineer-in-Charge will be final and
binding on Contractor.
TEST RUN FOR TWO RABI IRRIGATION SEASON AND DEFECT LIABILITY PERIOD
TERMS AND CONDITIONS

1. GENERAL
The commissioning shall mean the release of water in entire canal lining systems up to tail of all
Main, distributaries, minors and sub minors up to 08-10 ha Chak and irrigation of entire
command for one complete Rabi irrigation season.
After completion of the entire work stipulated in the Contract work Contractor shall commission
and provide trial run for 24 hours for 30 days for canal under the Contract.
2. SCOPE OF SERVICES
The scope of services would include the following.
i. To Test running & maintenances for 24 months (two Rabi irrigation season) whole canal
system including, its structures and maintenance of all gates.
ii. To provide all services necessary to maintain the project efficiently, maximize the
availability of the project; optimize the useful life of the project etc.
iii. To provide requisite numbers of qualified (and if required licensed) personnel to
perform the services.
iv. To carryout maintenance of the total canal lining system and carry out repair and
preventive maintenance in accordance with the recommendations of the Engineer-in-
Charge.
v. To carryout any maintenance or repairs or rectification work in case of any problem or
emergency that may arise while the system is in-operation during the maintenance and
defect liability period of 24 months.
vi. To provide technical and other assistance to the Engineer-in-Charge, in solving
operational and maintenance problems.
vii. Suggest improvements in the operation and maintenance schedule for better
performance.
viii. To prepare Annual Operation Plan and submit to the Engineer-in-Charge for approval.
ix. To prepare gate operation schedule of all regulation structures and get it approved by
the Engineer-in-Charge.
x. Preparation of requisite documents for constitution of Water Users Association as per
prevailing rule of Govt. of MP.
xi. Maintenance and defect liability period can simultaneously.
3. GOVERNMENT RULES
The Contractor shall perform the work in accordance with Indian and other applicable laws
(including environmental protection, sanitary, employment, industrial safety and labour laws)
regulations, codes, permits, licenses, court orders and standards binding and enforceable on the
Employer. The Contractor shall pay income tax and/or other taxes resulting from the
performance and payment made to him in this connection.

4. RIGHT TO PERFORM UPON CONTRACTOR'S DEFAULT

If anytime, the Contractor fails to perform and such failure is likely to cause injury to any
person or damage to the project, the Engineer-in-Charge may, but shall have no obligation to,
perform any such obligation. The cost to the Employer of affecting such performance would be
deducted from the payment due to the Contractor.
5. No separate payment shall be made for above and needed any of the maintenance services
during the maintenance period of twelve month and shall be deemed to be included in the
quoted contract price.

6. ACCEPTANCE ON COMPLETION OF DEFECT LIABILITY PERIOD:

On completion of defect liability period, there shall be joint inspection by contractor and
Engineer-in-Charge. It shall be verified that the canal lining system is constructed as per design
and drawing and running with design discharge as per their design requirement with out any
defects and the certificate shall be accorded to this effect by both the parties.

7. SETTLEMENT OF DISPUTES

The settlement of disputes if any shall be handled in accordance with Clause 70 of the Conditions of
Contract.

------------0000----------
 OTHER SPECIAL CONDITIONS:
SPECIAL CONDITIONS OF CONTRACT

1. The contractor shall review all the information / data available with the department
and assess the scope of additional surveys, investigation etc., that are to be carried out
to fulfill the obligations under the contract.

2. Cultivator wise register for outlets with hydraulic particulars.

3. No extra payment will be made to the bidder if there is any change in specifications,
variation in quantities as per actual site conditions.

4. Display Boards should be displayed of size 2.00m x 1.50 on main canal at change of
reaches, of-take structures, road crossing or where ever necessary or by engraving on
the structure with enamel painting. Boards / direction boards should also be displayed
to facilitate for inspection both at investigation and execution stages.

5 During soil exploration the contractor shall take required no. of Un-disturbed Samples and normal
samples and obtain soil classification soil properties and bearing capacity by getting them tested
in the soil testing laboratories of Government Labs/Engineering Colleges or other reputed
institutes. The contractor shall provide certain U.D. Samples and normal samples to the
Engineer-in-Charge also so as to get them tested parallel at any other lab to be selected by the
Engineer-in-Charge, if required. The cost of such testing shall be borne by the Contractor.
6 The contractor shall furnish 10 (ten) copies of Land plan schedules and Land
acquisition proposals for obtaining approval of competent authorities. (if applicable)
7 The contractor shall fix enamel-coated metallic measuring gauges both on U/s and D/s side of all
the structures and at suitable locations as suggested by the Engineer-in-Charge.
8 The co-efficient of discharge (Cd) of all structures cross regulators, Escapes, Head Sluices, Of-take
Sluices etc., shall be calibrated and furnished to the department. Further Gate operation
schedules for each of the above structure are to be prepared and got approved by the Engineer-
in-Charge by the contractor and cost towards these items is deemed to be included in the
contract price quoted.
9 Catch drains are to be provided wherever necessary to facilitate drainage all along the canals with
in the scope of the contract at no extra cost.
10 Diversion of streams that are crossing the proposed canal system into near by stream(s) is not
permitted in general. However in exceptional cases, the Engineer-in- Charge may consider such
proposals depending upon their feasibility, if the distance between them is not much ( ie., less
than 200 m ) and also if such diversion will not efect the riparian rights of existing or
contemplated sources on D/s side.
11 The of takes shall not be placed either in heavy embankments or in deep cuts. Surplus escape
regulators shall not be provided in deep cut reaches.
12 Falls or drops on distribution should be located where the F.S.L. strikes the general ground level.
13 CR Masonry / Brick Masonry Structures shall not be permitted.
14 The contractor has to make his own arrangement for diversion of flow and dewatering of
foundation etc., wherever necessary with in the quoted contract price.
15 The concrete mixes to be adopted for lining work shall be design mixes only and these design
mixes shall be conducted in the reputed laboratories and got approved by the Engineer-in-Charge
before adoption.
16 In case of cross drainage works the contractor shall excavate necessary approach/ Tail channels to
these structures to have smooth drainage through the structure. The cost of excavation of such
channels shall be borne by the Contractor within quoted contract price. The cost of Land
Acquisition for such channels will be borne by the department.
17 Operation Schedule for the Of-takes and regulators to be furnished for operation of the sluice
and regulator gate.
18 Decision regarding design and drawing will be taken only by EE and Higher Competent Officer.
19 Name of canals should be clearly mentioned.
20 Compensation for revenue , private , forest land will be paid by the department to the concerned
department directly.
21 In case of any criminal case like obstruction in work or Law and Order problem the department
will lodge the FIR.
22 If any damage occurs , it should be paid to the person sufered, by the Department and recovered
from contractor.
23 Payment schedule will be submitted to EE by the contractor & will be approved by CE.
24 All drawing will be submitted to EE.
25 Technical Circulars 70/1 to 70/9 should be followed in case of canal works.
26 Hard copy of design and drawing will be submitted to EE/SE/CE by the contractor.

---
 Contract Data
Clause Particulars Data
Reference
1.14 Employer Representative Concerned Chief Engineer of Project/Basin

1.15 Engineer Representative Concened Superintending Engineer of

Project/Basin
1.16 Engineer in Charge Concerned Executive Engineer of
project/Division
1.22 Stipulated period of completion 12 Months (including rainy season)
3 Language & Law of Contract English & Indian Contract Act 1872
4 Address & contact details of the Contractor Format H of ITB
Address & contact details of the -----------------------
Employer/ Engineer – phone, Fax, e-mail.

5 Subcontracting permitted for the 25% of the contract price

Contract Value
6 Technical Personnel to be ----------
provided by the contractor – requirement, &
Penalty, if required Technical Rs 10,000/-
Personnel not employed
10 Specifications As per Annexure – E of ITB
Drawings As per Annexure - N
12 Competent Authority for deciding Concerned Superintending Engineer of
dispute under Dispute Resolution System Project/Basin
Appellate Authority for deciding --------
dispute under Dispute Resolution System
13 Period for submission of updated construction 15 days
program Rs 10,000/-
Amount to be withheld for not submitting
construction program in the prescribed period
14 Competent Authority for granting Chief Engineer of Project
Time Extension
15 Milestones laid down for the contract If Yes, details of Yes
Milestones As per Annexure - O
Liquidated damage As per Annexure - P
17 List of equipment for lab As per Annexure - Q
Time to establish lab One Month
Penalty for not establishing field Rs. 10,000/- per month for the delay
Laboratory
18 Defect Liability Period 24 Months after Physical Completion of work
21 Competent Authority for
determining the rate Not applicable
27 Any other condition for breach of ----------------
contract
28 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.

29 Performance guarantee shall be Till issue of Completion Certificate as per

valid up to Clause 35.1
30 Security Deposit to be deducted At the rate of 5%.
from each running bill
Maximum limit of deduction of Up to 5% of Final Contract Amount.
Security Deposit
31 Price Adjustment formula and As per Annexure R
procedure to calculate The price Adjustment shall apply only in
respect of Cement, Steel, Bitumen and POL
components
31.1 (1) Price adjustment shall be applicable Price adjustment shall be applicable only in
case where the amount in NIT is more than
Rs 10 (Ten) Crores. This clause shall not have
any bearing with the Contract Amount.
32 32.1 Mobilization and Construction Machinery NO Mobilization and Construction Machinery
Advance applicable Advance payable
32.2 If yes, Unconditional Bank Guarantee In the format prescribed in Annexure -5
32.3 If yes, Rate of interest chargeable on advances 10% annual simple interest

32.4 If yes, Type & Amount of Advances payment that 1. Mobilization advance- Not more than ---%
can be paid of contract amount
2. Construction Machinery Advance-Not more
than---% of contract amount
32.5 If yes, Recovery of advance payment Recovery of Mobilization and/ or .
Construction Machinery advance shall
commence when 10% of the Contract
Amount is executed and recovery of total
advance shall be done on pro-rata basis and
shall be completed by the time work
equivalent to 80% of the Contract Amount is
executed.

In addition to the recovery of principal

amount, recovery of interest shall be
carried out as calculated on the outstanding
amount of principal at the close of each
month. The interest shall be accrue from the
day of payment of advance and the recovery
of interest shall commence when 10% of the
Contract Amount is executed and shall be
completed by the time work equivalent to
80% of the Contract Amount is executed.
33 33. 1 Secured Advance Applicable No Secured Advance payable.

33.2 if yes, Unconditional Bank Guarantee In the format prescribed in Annexure-T

33.2 if yes, Amount of Secured Advance 75% of value of material as determined by the
Engineer in charge
33.3 if yes, Conditions for secured advance a) The materials are in-accordance with the
specification for Works;
 b) Such materials have been delivered to
site and are properly stored and protected
against damage or deterioration to the
satisfaction of the Engineer. The
contractor shall store the bulk material in
measurable stacks;
c) The Contractor's records of the
requirements, orders, receipt and use of
materials are kept in form approved by the
Engineer and such records shall be available
for inspection by the Engineer;
d) The contractor has submitted with his
monthly statement the estimated value of
the material on site together the such
document as may be required by the
Engineer for the purpose of valuation of the
material and providing evidence of ownership
and payment
thereof;
e) Ownership of such material shall be
deemed to vest in the Employer for which the
Contractor has submitted an Indemnity Bond
in an acceptable format; and
f) The quantity of materials are not excessive
and shall be used within a reasonable time as
determined by the Engineer.
33.4 if yes, Recovery of Secured advance The advance shall be repaid from each
succeeding monthly payments to the extent
materials {for which advance was previously
paid} have been incorporated into the Works.

Completion Certificate – after Annexure - U

physical completion of the Work
Final completion Certificate Annexure- V
35
– after final payment on completion of the
Work

36 Competent Authority Superintending Engineer

39 Salient features of some of the Annexure-W

major labour laws that are applicable

41 Competent Authority ------------------------

 ANNEXURE – N
(See clause 10 of Section 3 – GCC )

Drawings
List of drawings –4 No Attached
 ANNEXURE – O
(See clause 15 of Section 3 -GCC )

Details of Milestones
Name of work Total Milestone-1 Milestone-2 Milestone-3 Milestone-4
am (1 month) from (3 months) period (4 months) period (4 months) period
ou the date from the from the from the
nt of end date end date end date
in agreemen of of of mile
lak t milestone- milestone- stone-3
h 1 2
ON TURN KEY 100% of Review of Further 28.90% of Further 25% of Bid Further 46% of Bid
BASIS- Bid available Bid Amount & Amount &
Construction A survey & Amount & 25% 45%
of Balance mo investigati 30% physical physical
Work of un on data, Physical completio completio
Sonpur t additional completio n of n of
Medium necessary n of Earthwork Earthwork
Project survey, Earthwork , lining ,lining
including planning, ,lining work of work of
Earth Work, design, work of main & main &
Lining and estimation main & minor minor
Structures , minor canals and canals and
work of Main preparatio canals and structures structures
& Minor n& structures complete. complete.
canals at Block approval complete.
Kesli Distt. of
Sagar (M.P.) as constructi
per details & on
scope of work drawing
but not from
limited to componen
that, including t authority
defect liability &
period of 2 submissio
year after n of LA
completion of Cases (if
the work required)
0.10% of
Bid
Amount
 ANNEXURE – P
(See clause 15 of Section 3 -GCC )

Compensation for Delay

If the contractor fails to achieve the milestones, and the delay in execution of work is
attributable to the contractor, the Employer shall retain an amount from the sums
payable and due to the contractor as per following scale -

i. Slippage up to 25% in financial target during the milestone under consideration

— 2.5% of the work remained unexecuted in the related time span.
ii. Slippage exceeding 25% but Up to 50% in financial target during the milestone
under consideration
- 5% of the work remained unexecuted in the related time span..
iii. Slippage exceeding 50% but Up to 75% in financial target during the milestone
under consideration
-7.5% of the work remained unexecuted in the related time span..
iv. Slippage exceeding 75% in financial target during the milestone under
consideration
-10% of the work remained unexecuted in the related time span.

Note: For arriving at the dates of completion of time span related to diferent milestones,
delays which are not attributable to the Contractor shall be considered. The slippage
on any milestone is if made good in subsequent milestones or at the time of
stipulated period of completion, the amount retained as above shall be refunded. In
case the work is not completed within the stipulated period of completion along
with all such extensions which are granted to the Contractor for either Employer’s
default or Force Majeure, the compensation shall be levied on the contractor at the
rate of 0.05% per day of delay limited to a maximum of 10% of contract price.
The decision of Superintending Engineer shall be final and binding upon both the

parties.
 ANNEXURE – Q
(See clause 17 of Section 3 -GCC )

List of Equipment for Quality Control Lab

Minimum requirement

S. No. Name of Equipment/ Quantity

Machinery (Nos)

1.

2
3
4

5
6

9
10

11
12

13

14
15
16

17
 ANNEXURE – R
(See clause 31 of Section 3 -GCC )
Price Adjustment
The formulas for adjustment of price are as follow:
R= Value of work as defined in Clause 31.2(3) of General Conditions of Contract
Weightages* of component in the work
For Civil Works
Percentage of
Sno Component
component in the work
1 Cement - Pc 23.5%
2 Steel - Ps 0.5 %
3 Bitumen - Pb -
4 POL - Pf 20%
* Weight ages of various components of the work shall be as determined by the
competent technical sanction authority.
Adjustment for cement component
(ii) Price adjustment for increase or decrease in the cost of cement
procured by the contractor shall be paid in accordance with
the following formula:
VC= 0.85 x PC/100 x R x (C1-C0)/C0
Vc= increase or decrease in the cost of work during the month under
consideration due to changes in rates for cement.
Co= The all India wholesale price index for Grey cement on the date of opening of
Bids as published by the Ministry of Industrial Development, Government
of India, New Delhi. (www.eaindustry.nic.in)

C1= The all India average wholesale price index for Grey cement for the month
under consideration as published by Ministry of Industrial Development,
Government of India, New Delhi.(www.eaindustry.nic.in)

Pc = Percentage of cement component of the work

Note : For the application of this clause, index of Grey Cement has been chosen to
represent Cement group.

Adjustment of steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the
Contractor shall be paid in accordance with the following formula:
Vs= 0.85 x PS x /100 x R x (S1-S0)/S0
Vs= Increase or decrease in the cost of work during the month under
consideration due to changes in the rates for steel.
S0= The all India wholesale price index for steel (Bars and Rods) on the date of
opening of Bids as published by the Ministry of Industrial Development,
Government of India, New Delhi. (www.eaindustry.nic.in)

Si = The all India average wholesale price index for steel (Bars and Rods) for the
month under consideration as published by Ministry of Industrial
Development, New Delhi. (www.eaindustry.nic.in)

Ps = Percentage of steel component of the work.

Note : For the application of this clause, index of Bars and Rods has been chosen to
represent steel group.
61
Adjustment of POL (fuel and lubricant) component
( V) Price adjustment for increase or decrease in cost of POL ( fuel and lubricant )
shall be paid in accordance with the following formula:

Vf= 0.85 x Pf / 100 x R x ( Fi – Fo) / Fo

Vf = Increase or decrease in the cost of work during the month under

consideration due to changes in rates for fuel and lubricants.
Fo = The official retail price of High Speed Diesel (HSD) at the existing
consumer pumps of IOC at nearest center on the date of opening of
Bids.
Fi = The official retail price of HSD at the existing consumer pumps of IOC
th
at nearest center for the 15 day of month of the under
consideration.
Pf = Percentage of fuel and lubricants component of the work.

Note : For the application of this clause, the price of High Speed Diesel has been
chosen to represent fuel and lubricants group.

62
 Annexure – S
(See clause 32 of Section 3 -GCC )

Bank Guarantee Form for Mobilization and Construction Machinery Advance

To
_[name of Employer]
_[address of Employer]
_[name of Contractor]
In accordance with the provisions of the General Conditions of Contract, clause 31
("Mobilization and Construction Machinery Advance") of the above-mentioned Contract
[name and address of Contractor] (hereinafter called
"the Contractor") shall deposit with
[name of Employer] a bank guarantee to guarantee his proper and
faithful performance under the said Clause of the Contract in an amount of
_[amount of Guarantee]* [in words].
We, the [bank of financial institution], as instructed by the
Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not
as surety merely, the payment to _[name of Employer] on his first
demand without whatsoever right of obligation on our part and without his first claim to the
Contractor, in the amount not exceeding _[amount of guarantee]*
[in
words].
We further agree that no change or addition to or other modification of the terms of
the Contractor or Works to be performed thereunder or of any of the Contract documents
which may be made between _[name of Employer] and the Contractor,
shall in any way release us from any liability under this guarantee, and we hereby waive
notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance
payment under the Contract until [name of Employer] receives full
repayment of the same amount from the Contractor.
Yours truly, Signature
and Seal :

Name of Bank/Financial Institution:

Address :
Date :

* An amount shall be inserted by the Bank or Financial Institution representing the

amount of the Advance Payment, and denominated in Indian Rupees.

63
64
 Annexure – T
(See clause 33 of Section 3 -GCC )

Bank Guarantee Form for Secured Advance

INDENTURE FOR SECURED ADVANCES

This indenture made the day of 20_ BETWEEN

(hereinafter called the contractor which expression shall where the context
so admits or implies be deemed to include his executors, administrators and assigns) or the
one part and the Employer of the other part.
Whereas by an agreement dated....................... (hereinafter called the said
agreement) the contractor has agreed.
AND WHEREAS the contractor has applied to the Employer that he may be
allowed advanced on the security of materials absolutely belonging to him and brought by
him to the site of the works the subject of the said agreement for use in the construction of
such of the works as he has undertaken to executive at rates fixed for the finished work
(inclusive of the cost of materials and labour and other charges)
AND WHEREAS the Employer has agreed to advance to the Contractor the
sum of Rupees on the security of materials the quantities
and other particulars of which are detailed in Accounts of Secured Advance attached to the
Running Account Bill for the said works signed by the Contractor on and the
Employer has reserved to himself the option of making any further advance or advances on
the security of other materials brought by the Contractor to the site of the said works.
Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement
and in consideration of the sum of Rupees on or before the execution of these
presents paid to the Contractor by the Employer (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
said the Contractor doth hereby covenant and agree with the President and declare as
follows:
That the said sum of Rupees so advanced by the Employer to

(1) the Contractor as aforesaid and all or any further sum of sums advanced as aforesaid shall be
employed by the Contractor in or towards expending the execution of the said works and
for no other purpose whatsoever.
(2) That the materials details in the said Account of Secured Advances which have been
ofered to and accepted by the Employer as security are absolutely the Contractor's
own propriety and free from encumbrances of any kind and the contractor will not
make any application for or receive a further advance on the security of materials
which are not absolutely his own property and free from encumbrances of any kind
and the Contractor indemnified the Employer against all claims to any materials in
respect of which an advance has be made to him as aforesaid.

65
(3) That the materials detailed in the said account of Secured Advances and all other
materials on the security of which any further advance or advances may hereafter be made
as aforesaid (hereafter called the said materials) shall be used by the Contractor solely in
the execution of the said works in accordance with the directions of the Engineer.
(4) That the Contractor shall make at his own cost all necessary and adequate arrangements
for the proper watch, safe custody and protection against all risks of the said materials and
that until used in construction as aforesaid the said materials shall remain at the site of the
said works in the Contractor's custody and on his own responsibility and shall at all times
be open to inspection by the Engineer or any officer authorized by him. In the event of
the said materials or any part thereof being stolen, destroyed or damaged or becoming
deteriorated in a greater degree than is due to reasonable use and wear thereof the
Contractor will forthwith replace the same with other materials of like quality or repair
and make good the same required by the Engineer.
(5) That the said materials shall not be removed from the site of the said works except with
the written permission of the Engineer or an officer authorized by him on that behalf.
(6) That the advances shall be repayable in full when or before the Contract receives
payment from the Employer of the price payable to him for the said works under the
terms and provisions of the said agreement. Provided that if any intermediate
payments are made to the Contractor on account of work done than on the occasion
of each such payment the Employer will be 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 actually used in the construction and in respect of which recovery has
not been made previously, the value for this purpose being determined in respect of
each description of materials at the rates at which the amounts of the advances
made under these presents were calculated.
(7) That 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 presents the total amount of the advance or advances that may still be
owing of the Employer shall immediately on the happening of such default be re-
payable by the Contractor to be the Employer 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, charges, damages and
expenses incurred by the Employer in or for the recovery thereof or the enforcement
of this 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 the
same respectively to him accordingly.
(8) That the Contractor hereby charges all the said materials with the repayment to the
Employer 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 PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding
anything in the said agreement and without prejudice to the power contained therein if and
whenever the covenant for payment and repayment here-in-before contained shall become
enforceable and 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:

66
 (a) Seize and utilise the said materials or any part thereof in the competion of
the said works on behalf of the contractor in accordance with the provision in
that behalf contained in the said agreement debiting the contractor with the
actual cost of efecting such completion and the amount due to the
contractor with the value of work done as if he had carried it out in
accordance with the said agreement and at the rates thereby provided. If the
balance is against the contractor, he is to pay same to the Employer on
demand.
(b) Remove and sell by public auction the seized materials or any part thereof
and out of the moneys arising from the sale retain all the sums aforesaid
repayable or payable to the Employer under these presents and pay over the
surplus (if any) to the Contractor.
(C) Deduct all or any part of the moneys owing out of the security deposit or any
sum due to the Contractor under the said agreement.
(9) That except in the event of such default on the part of the contractor as aforesaid
interest on the said advance shall not be payable.
(10) That in the event of any conflict between the provisions of these presents and the said
agreement the provisions of these presents shall prevail and in the event of any dispute or
difference arising over the construction or efect of these presents the settlement of
which has not been here-in-before expressly provided for the same shall be referred to
the Employer whose decision shall be final and the provision of the Indian Arbitration
Act for the time being in force shall apply to any such reference.
 Annexure – U
(See clause 35 of Section 3 -GCC )

Physical Completion Certificate

Name of Work:
.................................................................................................................................................................
.................................................................................................................................................................
.................................................................................................................................................................
..............................................................................................................................
Agreement
No. ....................................................................................... Date........................................
Amount of Contract Rs
...........................................................................................................................
Name of Agency :
.....................................................................................................................................
Used MB
No. ..................................................................................
Last measurement recorded
a Page No. & MB No. ................................................
b Date ...............................................................................

Certified that the above mentioned work was physically completed on ................... (date) and
taken over on ........................... (date) and that I have satisfied myself to best of my
ability that the work has been done properly.

Date of issue

Executive Engineer
….....................................
……………………………..
 Annexure – V
(See clause 35 of Section 3 -GCC )

Final Completion Certificate

Name of Work:
.................................................................................................................................................................
.................................................................................................................................................................
.................................................................................................................................................................
............................................................................................................................
Agreement
No. ....................................................................................... Date...........................................
Name of Agency :
.......................................................................................................................................
Used MB No. ..................................................................................

Last measurement recorded

a Page No. & MB No. ................................................
b Date ...............................................................................

Certified that the above mentioned work was physically completed on ................... (date) and
taken over on ........................... (date).

Agreemented amount Rs. …………………..

Final Amount paid to contractor Rs. …………………..........

Incumbency of officers for the work

I have satisfied myself to best of my ability that the work has been done properly.

Date of issue
Executive Engineer
….....................................
……………………………..
 Annexure – W
(See clause 39 of Section 3 -GCC )

Salient Features of Some Major Labour Laws Applicable

a) Workmen Compensation Act 1923: - The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.

b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed the
prescribed minimum years (say, five years) of service or more or on death the rate of
prescribed minimum days’(say, 15 days) wages for every completed year of service. The Act
is applicable to all establishments employing the prescribed minimum number (say, 10) or
more employees.

c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the Employer plus workers at the rate prescribed (say, 10% or
8.33%). The benefits payable under the Act are:
i. Pension or family pension on retirement or death as the case may be.
ii. Deposit linked insurance on the death in harness of the worker.
iii. Payment of P.F. accumulation on retirement/death etc.

d) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits to women
employees in case of confinement or miscarriage etc.

e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for certain welfare
measures to be provided by the Contractor to contract labour and in case the Contractor
fails to provide, the same are required to be provided, by the Principal Employer by Law.
The principal Employer is required to take Certificate of Registration and the Contractor is
required to take license from the designated Officer. The Act is applicable to the
establishments or Contractor of Principal Employer if they employ prescribed minimum (say
20) or more contract labour.

f) Minimum Wages Act 1948: - The Employer is to pay not less than the Minimum Wages
fixed by appropriate Government as per provisions of the Act if the employment is a
scheduled employment. Construction of buildings, roads, runways is scheduled
employment.

g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to be paid,
when it will be paid and what deductions can be made from the wages of the workers.

h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for work of
equal nature to male and female workers and for not making discrimination against female
employees in the matters of transfers, training and promotions etc.
i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing
prescribed minimum (say, 20) or more workmen. The Act provides for payments of annual
bonus within the prescribed range of percentage of wages to employees drawing up to
the prescribed amount of wages, calculated in the prescribed manner. The Act does not
apply to certain establishments. The newly set-up establishments
are exempted for five years in certain circumstances. States may have different
number of employment size.

j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for
resolution of industrial disputes, in what situations a strike or lock-out becomes illegal
and what are the requirements for laying of or retrenching the employees or closing down
the establishment.

k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all establishments

employing prescribed minimum (say, 100, or 50). The Act provides for laying down rules
governing the conditions of employment by the Employer on matters provided in the Act
and gets these certified by the designated Authority.

l) Trade Unions Act 1926: - The Act lays down the procedure for registration of trade unions
of workmen and Employers. The Trade Unions registered under the Act have been given
certain immunities from civil and criminal liabilities.

m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
regulations of employment of children in all other occupations and processes.
Employment of child labour is prohibited in building and construction industry.

n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of Service) Act

1979: - The Act is applicable to an establishment which employs prescribed minimum (say,
five) or more inter-state migrant workmen through an intermediary (who has recruited
workmen in one state for employment in the establishment situated in another state). The
Inter-State migrant workmen, in an establishment to which this Act becomes applicable,
are required to be provided certain facilities such as Housing, Medical-Aid, Travelling
expenses from home up to the establishment and back etc.

o) The Building and Other Construction workers (Regulation of Employment and Conditions
of Service) Act 1996 and the Cess Act of 1996: - All the establishments who carry on any
building or other construction work and employs the prescribed minimum (say, 10) or
more workers are covered under this Act. All such establishments are required to pay
cess at the rate not exceeding 2% of the cost of construction as may be modified by the
Government. The Employer of the establishment is required to provide safety measures at
the building or construction work and other welfare measures, such as canteens, first-aid
facilities, ambulance, housing accommodations for workers near the work place etc. The
Employer to whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by the Government.

p) Factories Act 1948: - The Act lays down the procedure for approval of plans before setting
up a factory, health and safety provisions, welfare provisions, working hours, annual earned
leave and rendering information regarding accidents or dangerous occurrences to
designated authorities. It is applicable to premises employing the prescribed minimum
(say, 10) persons or more with aid of power or another prescribed minimum (say, 20) or
more persons without the aid of power engaged in manufacturing process.

Annexure-X

|| ADDITIONAL AFFIDAVIT ||
(On Non Judicial Stamp paper of Rs. 50/-)
 I/we _____________________________________________ who is/ are
__________ (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:-

(a) I/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-tender No. ______________ for
__________________________ (name of work) dated _______ issued by
the________________ (name of the department).

(b) The design submitted fulfill the criteria in general.

(c) We have not made any untrue or false representations nor hidden the material information
in the forms, statements and attachments required in the pre-qualification documents.

(d) Any government department of Madhya Pradesh including but not limited to PWD,
WRD, NVDA / NVDD, PHED and Rural Development Department or any other department
or any undertaking or any Municipal Corporation or any other Corporation/ Board / Society
under the administrative control of these departments or state of Madhya Pradesh has, in
consequences of some penal action, during the last five years:-

(i) Not Cancelled or suspended the registration of the firm.

(ii)Cancelled or suspended the Registration before five years and has revoked Registration
up to the date of bid submission.

(iii) Not Black listed us

(i) Not Debarred us from participating in future tendering.

(ii) Not terminated any contract due to default of contractor.

(iii) Not Forfeited full or partial SD for poor performance. (Including cases where the
forfeiting has been done in last 5 years) though the contract period/case may be
older than 5 years.

(e) Any details related to above mentioned disclosures (a) to (d)

_______________________________________

Signature with Seal of the Deponent (bidder)

Note:

1. In case of JV all the partners shall be required to submit an affidavit giving full information
of above facts.
 SECTION 3
Conditions of Contract
Part – II Special Conditions of Contract
1. Survey and Detailed Investigation:-
Contractor shall carryout surveys and detailed investigation required for the dam line and
submergence area under this Contract as per the I.S. Codes, CWC manuals, Standards,
Guidelines, Circulars of the Department issued from time to time. Contractor shall also
review the survey done by department. This shall not entitle the contractor to additional
cost whatsoever other than the contract price. Dam line and submergence area and all
surveys is to be carried by the Total Station and the values shall be connected to
Permanent bench mark. Contractor shall establish temporary bench mark. He shall also
mark FTL and MWL line. Based on survey and contractor shall submit design report.
Contractor will submit survey report in 2 (two) copies in physical form and 1 (one) in soft
form.

2. Drawings and Designs:--

The contractor shall formulate submission of proposals for alignment approval, design
and drawings and estimates for items related to projects according to the powers vested
with various departmental officers for approval. Contractor shall supply to the Engineer-
in-Charge 3 (three) copies and each of the design calculations and drawings for approval.
The Contractor shall incorporate all necessary comments of the Engineer’s
Representative in the above design and drawings, if any, and shall re-submit further 3
(three) copies each of the revised design and drawings within 10 (ten) days for final
approval. The Contractor shall thereafter submit 5 (five) copies each of the approved
design and 5 (five) copies each of the approved drawings together with one copy each of
the reproducible tracings to Engineer-in-Charge. Further design calculations and drawings
shall be submitted in sequence as per a schedule to be drawn and agreed upon mutually.

The documents and drawings shall be in sufficient detail for review. The scale of the
drawing has to be chosen in coordination with the Engineer-in-Charge. The drawings shall
be of standardized sizes and as instructed by the Engineer-in-Charge. The drawings shall
contain the following basic information in the nameplate:
a) Project name
b) Name and number of the Contract
c) Contractor's name
d) Number and title of the drawing
e) Date and scale
f) Draftsman's name and signature
g) Name of the designer responsible and signature
Revision Number (R0 for drawing submitted initially and R1, R2, etc., for drawings
submitted subsequently).
 Name and designation of checking official and space for signature.
Approving authorities name and designation as specified by the Engineer-in-Charge and
space for the signature.

A blank space 90 x 50 mm shall be provided immediately above the title block for the
approval stamp. If required, the detailed design and the execution drawings shall be
submitted only after verification by the Consultant(s) approved by the Engineer.

The Contractor shall be responsible for preparation of working drawings and the
Construction documents for works, as specified in the Contract. The procedure for
submission and approval of drawings shall be as stated in volume II, Section III, and the
Contractor’s work program shall include such submission and approval procedure.

The contractor shall use guidelines in the relevant IS codes, IRC publications and circulars
issued by the department from time to time for various components of the works.

All the studies, layout drawings and modifications if required to be prepared for taking up
execution of the work, shall be prepared by the contractor and shall be got approved
from the competent authority.

The contractor will have to submit detailed drawings of each component with
appropriate scales, measurements, RL’s, full dimensions, index map locations of
components such as godown, dumping area, internal roads, etc.,

The contractor is expected to organize his work to the best of his knowledge so that final
draft of various types of designs and layouts will be submitted to competent authority
within stipulated time period.

All the studies layouts, drawings, design notes, which have been submitted to the
department, shall become the absolute property of department under the copy right act
and the contractor shall not use the same in whole or part thereof elsewhere for any
purpose without explicit written permission from the department.

In all diference of opinion on technical matters between the contractor and the
Engineer-in-Charge, the decision given by the Engineer shall be final and binding on the
contractor.

3. Priority of Documents
 The documents forming the Contract are to be taken as mutually explanatory of one
another. If there is an ambiguity or discrepancy in the documents, the Employer's
Representative shall issue any necessary clarification or instruction to the Contractor, and
the priority of the documents shall be as follows:
(a) Amendments, if any

(b) Form of Contract Agreement.

(c) Design Parameters

(d) Detailed Scope of work including detailed notice inviting tender (Vol. II)

(e) Other Special Conditions (Vol. II)

(f) The Special condition of Contract (Vol. II)

(g) The condition of Contract

(h) Specification

(i) The Drawings (Vol. III)

(j) Quality control manual

4. Joint and Several Liability

If the Contractor is a joint venture (or consortium) of two or more persons, all such
persons shall be jointly and severally liable to the Employer for the fulfillment of the
terms of the Contract. Such persons shall designate one of them to act as leader with
authority to bind the joint venture (or consortium) and each of its members. The
composition or the constitution of the joint venture (or consortium) shall not be altered.

4. Contract Price:-
The Contract price shall be the total value of work for the Turnkey contract as per
contract agreement. The contractor will be paid a firm contract price for completion of all
works as specified under the scope of the work under the contract agreement.
Notwithstanding anything that is stated, the contract price once accepted by the
employer shall be final and shall not be subject to any claims on any ground what so ever
of the Contractor.
The contract price of the total work is divided among diferent component of works as
per the percentages specified in ‘Payment Schedule’ and payments will be regulated
accordingly.
The contractor shall give “Bill of Quantities” based on the detailed estimates prepared on
the basis of approved design; drawings and the items of the estimate shall be suitably
clubbed or grouped for assessment of value of work done.

5. Waiver of penalty:
 With a view to enable the contractor to make good any delay occurred in achieving one
or more milestones for what so ever reason, it is agreed that the penalty would stand
waived in the only event of the contractor completing the whole work within the
overall time period as mentioned in this Agreement.

6. The contractor shall review all the information / data available with the department
and assess the scope of additional surveys, investigation etc., that are to be carried out to
fulfill the obligations under the contract.
7. The contractors shall take this into consideration while quoting for the bid. No claims
whatsoever on this issue will be entertained during execution.
8. The Contractor shall quote the bid price keeping the above aspects into consideration
and no claims whatsoever on this issue will be entertained.
9. Hard rock received from excavation and remains unutilized by the department shall be
at the disposal of the contractor. The contractor may use it at site or may sale it to any
other person or contractor. All the taxes, royalty and other charges if any shall be borne
by the contractor. Necessary permits, pass, permissions required by the mining act or any
other act of the State Government or Central Government shall be obtained by the
contractor. On utilization of hard rock by the contractor on works under this contract,
isuue rate of Rs. 105 per cum and royalty charges shall be levied upon/deducted from
the contractor as per Mining / Revenue Department Rules. The contractor may use the
excavated useful soils, stone, sand and other construction material obtained from
excavation and submergence with prior approval from Engineer in charge free of cost for
construction purpose on this project only and rates quoted shall include such utilization.
On utilization of above material by the contractor on works under this contract, royalty
charges shall be levied upon/deducted from the contractor as per Mining / Revenue
Department Rules. The contractor shall dispose of or remove unused hard rock, soil and
stone obtained in excavation from the site within 18 months after excavation.
10. In order to check the accuracy of the investigation work the equipment, labour
required transport and other materials etc., at site of work have to be supplied to the
Engineer’s Representative without extra cost.
11. No extra payment will be made to the bidder if there is any change in type of structure,
specifications, variation in quantities as per actual site conditions.
12. During soil exploration by drilling boreholes for foundations, the contractor shall take
required no. of Un-disturbed Samples and normal samples and obtain soil classification
soil properties and bearing capacity by getting them tested in the soil testing laboratories
of Government Labs/Engineering Colleges or other reputed institutes. The contractor
shall provide certain U.D. Samples and normal samples to the Engineer-in-Charge also so
as to get them tested parallel at any other lab to be selected by the Engineer-in-Charge, if
required. The cost of such testing shall be borne by the Contractor.
13. The contractor shall furnish 5 (five) copies of Land plan schedules and Land
acquisition proposals for obtaining approval of competent authorities.
14. CR Masonry / Brick Masonry Structures shall not be permitted.
15. The contractor has to make his own arrangement for diversion of flow and dewatering
of foundation etc., wherever necessary within the quoted contract price.
16. The concrete mixes to be adopted for all the structures shall be design mixes only and
these design mixes shall be conducted in the reputed laboratories and got approved by
the Engineer-in-Charge before adoption.
17. Operation Schedule to be furnished for operation of the sluice and radial gates.
18. Statutory clearance will be taken by the Department. To prepare the proper case is
contractor’s responsibility, to obtain approval department will provide all possible
Assistance.
19. If any damage occurs, it should be paid to the person sufered, by the Department and
recovered from contractor.
20. Payment schedule will be submitted to EE by the contractor & will be approved by CE.
21. All drawing will be submitted to EE.
22. Hard copy of design and drawing will be submitted to EE/SE/CE by the contractor.
 SECTION 4
Payment Schedule
S. PERCENTAGE OF
Component of work
NO. “BID AMOUNT”
1 2 3
This activity includes Review of survey, additional Survey and investigation, fixing permanent
and temporary Bench Marks, profiles and does design, drawing and preparation of detailed
estimate as per USR in force from 01-09-2017 on the basis of approved design & drawing,
clubbing of items for records measurements and basis of payment getting approval of same 0.10%
1 items from the competent authority, as per specifications, design criteria of W.R.D, relevant I.S.
codes, G.S.I and circulars issued by the department from time to time, and approval from the
competent authority. Preparation and submission of land acquisition cases (if required) and
getting approval or as directed by the engineer in charge.
This activity includes Excavation in all type of strata in canals bed & side slopes for lining,
sleepers & other excavation for miscellaneous work of lining including wet excavation as pre
2 approved design, drawing & specifications of WRD with relevant IS code & circulars issued by 24.90%
the department from time to time, as directed by the engineer in charge and as per scope of
work
This activity includes completion of CC lining as per approved design, drawing specification of
MPWRD, relevant IS Code , IRC Publications and circular issued by the department from time to
3 time. 52.00%

This activity includes completion of Structures as per approved design, drawing specification of
MPWRD, relevant IS Code , IRC Publications and circular issued by the department from time to
4 time. 21.00%

After commissioning & trial running, testing & maintained of the constructed system,1%
released every year till defect liability period is over.
5 2%

Total 100%
In case of change of design or departure from departmental proposal, the new components and
their billing breakup shall be approved by the chief Engineer keeping the overall cost same as
quoted by bidder.
 SECTION 5
AGREEMENT FORM
Agreement
This agreement, made the day of
between (name and address of Employer) (hereinafter called " the
 Employer) and (name and address of
contractor) hereinafter called "the Contractor" of the other part.
Whereas the Employer is desirous that the Contractor execute
(name and
identification number of Contract) (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, at a cost of Rs.
NOW THIS AGREEMENT WITNESSETH as follows:
1. In 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 deemed to form and be read and construed as part of this Agreement.
2. In 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 the Works and remedy any defects therein in conformity in all aspects with the
provisions of the contract.
3. The 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 other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be ready and construed as
part of this Agreement viz.
i. Letter of Acceptance
ii. Contractor's Bid
iii. Condition of Contract: General and [ 46 ] Special
iv. Contract Data
v. Bid Data
vi. Drawings
vii. Payment Schedule and
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 day and year first before written.
The Common Seal of was
hereunto affixed in the presence of:

Signed, Sealed and Delivered by the said

in
the
presence of :
Binding Signature of Employer
Binding Signature of Contractor