JABALPUR MUNICIPAL CORPORATION

MADHYA PRADESH

APPENDIX 2.10

TENDER DOCUMENT

For Percentage Rate only in work Departments and other Departments similar to Works
Departments
(Effective from 1-1-2014)

Office of the ________Municipal Corporation Jabalpur _________________________

NIT Number and Date : PRO-449 Date-03-01-2025

Agreement Number and Date : _________________________________________

Name of Work : लाला लाजपतराय वार्ड अन्तर्डत ववभिन्न स्थलो पर नाला,नाली

एवं पभु लया ननर्ाडण कायड (अध्यक्ष अनष
ु स
ं ा)

Drain, drain and culvert construction work at

various places under Lala Lajpat Rai Ward
(Adhyaksh Anushansa)

Probable Amount of Contract

(Rs. In Figure) : 14.60 Lakh
(Rs. In Words) : INR Fourteen Lakh Sixty Thousand Only
Contract Amount
(Rs. In Figure) :_________________________________________

(Rs. In Words) : _________________________________________

Stipulated Period of Completion : _______02 month_________________________

Page - 1 -
 Appendix 2.10
Tender Document

Table of Contents

Section Particulars Page

Section 1 NIT 3-5
Section 2 Instructions to Bidders (ITB) 6-12
Bid Data Sheet 13-14
Annexure A to M 15-41

Section 3 Table of Clauses 42-43

Part-I General Conditions of
Contract (GCC) 44-60

Contract Data 61-63

Annexure N to W 64-82
Part II Special Conditions of
Contract (SCC) 83-83
Section 4 Bill of Quantities (BOQ) 84-84
Section 5 Agreement Form 85-85
Estimates and Drawings 86-91

Page - 2 -
Page - 3 -
 Notice Inviting Tenders
Jabalpur Municipal Corporation
Zone 10
N.I.T.NO: PWD//e-tendering/PRO 449 Dated -03-01-2025

Online percentage rate bids for the following works are invited from
registered contractors and firms of repute fulfilling registration criteria :
S.no. Name of Work District(s) Probable Earnest Cost of Category Period of
Amount of Money Bid of completion
Contract Deposit Document Contractor (in
Months)
(Rs. In (EMD) (in (in
lacs) Rupees) Rupees)
1 Drain, drain and culvert Jabalpur 14.60 10950/- 2000/- Centralized 02
construction work at various Lakh registration
places under Lala Laljpat in Months
Rai Ward (Adhyaksh MP PWD
Anushansa)
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 affidavit.
Details can be seen in the Bid Data Sheet.
4. Eligibility for bidders :
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.
(a) The bidder would be required to have valid registration at the time of signing of
the Contract.
(b) Failure to sign the contract by the selected bidder, for whatsoever reason , shall
result in forfeiture of the earnest money deposit.
(c) Contractor must submit the EPF registration document with the tender document
in envelope “B”
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.

Page - 4 -
Page - 5 -
 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 bid data sheet.
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
1.1 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.
1.2 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/JMC.
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, Bid Data Sheet with all Annexure
3. Conditions of Contract :

Page - 6 -
 I. Part I General Conditions of contract and the Contract Data with all
Annexure, and
II. Part II Special Condition of Contract.
4. Specifications
5. Drawings
6. Priced bill of quantities
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, bill of quantities,
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 Documents, it shall be done by issuing amendment to
the online NIT.

Page - 7 -
 10. AMENDMENT OF BID DOCUMENTS :
10.1 Before the deadline for submission of bids, the Employer may amend
or modify the bid document 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.

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 :
Part1- This shall be known as online Envelop 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 the format given in the bid data sheet.
ii) Payment of the cost of Bid Document.
iii) Earnest Money : and
iv) An Affidavit Duly Notarized.
Part 2 – This shall be known as Online Envelope B and required to be
submitted only in work 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.

Page - 8 -
 14. TECHNICAL PROPOSAL :
14.1. Only, in case of bids with pre-qualification conditions defined in
the Bid Data Sheet, 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 is 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) The bidder shall have to quote rates in format referred in Bid
Data Sheet, in overall percentage, and not item wise, if the bid is
in absolute amount, overall percentage would be arrived at in
relation to the probable amount of contract given in NIT. The
overall percentage rate would apply for all items of work.
ii) Percentage shall be quoted in figures as well as in words. If any
difference in figures and words is found, lower of the two shall
be taken as valid and correct.
iii) The bidder shall have to quote rates inclusive of all duties,
royalties, levies and taxes except Goods and services Tax (GST).
The amount of applicable GST will be paid separately to the
contractor with each bill at the time of payment. The employer
shall not be liable for any duties, taxes (except GST) royalties
and levies.
iv) 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 .EMD/Bid Security shall be submitted only online using options
available in the tender portal within the specified time limit. Bidders
are advised to process it well in advance, No claim shall be entertained
due to delay in online transactions via payment gateway/banking portal.
17.3 Bid not accompanied by EMD shall be liable for rejection as non-
responsive.
Page - 9 -
 17.4 Ten percent of mandatory tests prescribed under the specifications
shall be got carried out through departmental laboratories of public
works Departments of Governments of MP. The Engineer-in-charge or
officer senior to him may also get these tests carried out through any
laboratory confirming to ISO/IEC 17011 accredited by NABL or any
other accrediting agency who is authorized to accredited as per
ISO/IEC 17025.
17.5 EMD of the successful Bidder will be discharged when the Bidder has
signed the Agreement after furnishing the required Performance
security.
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 .
D.SUBMISSION OF BID
18. The bidder is required to submit digital signed Bid i.e. Envelope A,B & C
Online only. No physical submission of the bid will be accepted except in
exceptional case under clause 19.7.”

E. OPENING AND EVALUATION OF BID

19. PROCEDURE :
19.1 Envelop “A” shall be opened first online at the time and date notified
and its contents shall be checked. In cases where Envelop “A” does not
contain all requisite documents, 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. 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 Envelop ‘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.

Page - 10 -
 19.7 “In exceptional case, if physical submission of certain documents is
found essential, then expressed prior permission must be obtained in
writing by the tender issuing authority from n authority, as authorized
by the state Government. In such a case, such documents are required
to be submitted physically at the place and date specified in the Bid
Date sheet. In case of any mismatch in the documents submitted in the
physical form and that uploaded online, or if the contractor fails to
submit the document physically, the bid shall be liable for rejection as
non-responsive.
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. The original copy of affidavit
will have to be submitted by the successful bidder at the time of signing of the
contract.

22. PERFORMANCE SECURITY

22.1 Prior to singing 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
Additional Performance Security, if any, and sign the contract
agreement within 15 days of issue of LOA

Page - 11 -
 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 and Additional Performance Security, if any 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 fanatical or other benefit or to avoid an
obligation:
c. ‘coercive practice’ means impairing of 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.

(END OF ITB)

Page - 12 -
 BID DATA SHEET
GENERAL
SR.NO. PARTICULARS DATA
Jabalpur municipal
1 Office inviting tender
corporation.
N.I.T. NO. /PWD-e-tendering/
2 NIT No.
pro-449
3 Date of NIT 03-01-2025
Bid document download available for date & 03-01-2025 ( 10:30 am)
4
time 03-02-2025 (17:30 pm)
5 Website link http://mptenders.gov.in
SECTION 1 – NIT
CLAUSE
PARTICULARS DATA
REFERENCE
2 Portal fees As Notified in tendering website.
Cost of bid document Rs.2000/-
3
Cost of bid document payable at Jabalpur
Cost of bid document in favor of Ayukt Nagar Nigam Jabalpur
4 Affidavit format ANNEXUER B
Annexure - I As per
5 Pre-Qualifications required (Format: I-1 to I-5)
Applicable
If yes, details ANNEXUER C - NO
6 Special Eligibility NO
If Yes, details Annexure D -
7 Key dates Annexure A
SECTION 2 – ITB
CLAUSE
PARTICULARS DATA
REFERENCE

लाला लाजपतराय वार्ड अन्तर्डत ववभिन्न स्थलो

1 Name of ‘work’
पर नाला,नाली एवं पभु लया ननर्ाडण कायड (अध्यक्ष
अनष
ु स
ं ा)
2 Specifications Annexure –E
Procedure for participation in e-
3 Annexure- F
tendering
Whether joint venture is allowed No
4 If yes, requirement for joint
Annexure – G – N.A.
venture
Pre bid meeting to be held NO
Date :-
9
If Yes, Date, Time & Place Time form-
Place-.

Page - 13 -
 BID DATA SHEET
CLAUSE PARTICULARS DATA
REFERENCE
12 Envelopment A containing : At the Office of the Municipal Corporation
i. Registration number or proof of application for Jabalpur M.P.
registration and organizational details as per ……………..
Annexure H ………………..
ii. Cost of Bid Document 2000/-
iii. EMD (only online) 10950/-
iv. An affidavit duly notarized as per Annexure – B ………………..
Should reach in physical form

Online submission.
14 Envelope-B Technical Proposal Annexure – I and
Annexure –I As per
(Format I-1 to I-5) Applicable
15 Envelope-C Financial Bid Annexure – J
Materials to be issued by the department Annexure-k
16 Period of Validity of Bid 180 Days
17 Earnest Money Deposit (online) Rs-10950/-
Forms of Earnest Money deposit Online payment through Debit card/ Credit
card/Internet Banking or System Generated
challan.
Account Details for Online EMD payment 1. Name of Account Holder-Aayukt
Nagar Nigam Jablpur
2. A/C No.918010025737469
3. Bank Name-Axis Bank
4. IFSC Code-UTIB0000864
Date and place for submission or physical form of Online submission
19.70 contents of Envelope A i) and ii) and Envelope B
as specified in clause 12 of ITB.
21 Letter of Acceptance (LOA) Annexure L
22 Amount of Performance Security 3% contract amount and other as per rule.
Additional Performance Security, if any As per rule
Performance security in the format Annexure M
Performance security in favor of Aayukt Nagar Nigam Jabalpur
………………………
3% Performance security of the tender awarded cost
Performance security valid up to enforced
valid up to enforced applicable 3 Year plus completion
applicable 3 Year plus completion period plus
period plus 3 month and all condition as per rule are
3 month.
applicable. and special condition Define in page no.84
SECTION -3 Conditions of Contract

Page - 14 -
 Annexure – A
(See clause 1,7 of Section 1-NIT)
KEY DATES
s.no Works Bidders Start Expiry Envelopes
department stage stage Date Time Date Time
1 Purchase of - 03/01/2025 10:30 03/02/2025 17:30 -
Tender – Online
2 Bid Submission – - 03/01/2025 10:30 03/02/2025 17:30 Envlope A,B,C
Online
Online

3 Online Technical - 04/02/2025 17:30 - - Envlope A,B

Online
Bid Opening
4 Financial Bid - 05/02/2025 17:30 - - C online
submission will
open open technical
verification

The Bidder is required to submit digital signed Bit i.e Envelope A,B&C Online
only. No physical submission of the Bid is required.

EMD/Bid security shall be submitted only online using options available in the
tender portal within the specific time limit. Bidders are advised to process it well in
advance. No claim shall be entertained due to delay in online transaction Via payment
gateway/banking portal.

Annexure B of revised affidavit format will be applicable.

The Employer shall notify the successful bidder by issuing a letter of acceptance
(LOA) that his bid has been accepted. The original copy of affidavit will have to be
submitted by the successful bidder at the time of signing of the contract.

Other terms and conditions will remain same.

Page - 15 -
 Annexure – B
(See clause 3 of Section 1-NIT
|| AFFIDAVIT ||
(To be Contained in Envelope A)
(On Non Judicial stamp of Rs. 100)

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 :
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 /Digital signed documents given in the bid document
are fully true and authentic.
2. That :
a. Information regarding financial qualification and annual turnover, submitted online is
correct.
b. Information regarding various technical qualifications submitted online 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 3 are correct to the best of my knowledge and belief. In the event of any
information is found to be incorrect/untrue of found violated, then without giving any prior
notice, our bid shall be liable for rejection or termination of contract, without prejudice to
any other rights of remedy including the forfeiture of the bid security/performance security.
Verified today _____________ (dated) at _________ (place).

Signature with seal of the Deponent (bidder)

Page - 16 -
 NOT APPLICABLE
Annexure—C
(Sec clause 5 of Section 1-NIT)
PRE- QUALIFICATIONS CRITERIA
The bidder should have:
A. Financial
i. experience of having successfully executed: -
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 in any one financial year during the last 3 financial
years;
ii. Average annual construction turnover on the construction works not les than 50% of the
probable amount of contract during the last 3 financial years.
iii. Executed similar items of work in any one financial year during the last 3 financial years,
which should not be less than the minimum, physical requirement, if any, fixed for the
work.
iv. Bid Capacity — Bidder shall be allotted work up to his available Bid Capacity, which
shall be worked out as given in format 1-2 of Annexure I.

B. Physical
Physical qualifications for the work shall be as below
S.No. Particulars Quantity Period
1 Physical qualification required NO
2 Earthwork
3 Concrete work

(The Employer shall specify all physical qualifications requited).

Note: Above criteria are indicative, subject to suitable stipulations by the

departments and specific Bid.

Page - 17 -
 Annexure —D
(See clause 6 of Section 1-NIT)

SPECIAL ELIGIBILITY CRITERIA

The bidder should have experience of:- NO

A. Erection of Steel Gates _________________

B. Construction of tunnel- _________________

Note: Above criteria are indicative, subject to suitable stipulations by the departments and
specific bid.

Page - 18 -
 ANNEXURE- E
(See clause 2 of Section 2 —ITB & clause 10 of GCC)

SPECIFICATIONS

1. MP PWD_works__ Department Specifications, and as per rule estimate are attach

2. MPUADDISSOR w.e.f. from 2 August 2021 Volume-3 Road &Bridge. If required other
rate from volume-2.
3. ___________________________

4. _____________________________

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

www.mptenders.gov.in)

The provisions of general / special conditions of contract, those specified elsewhere in

the bid document, as well as execution drawings and notes, or other specifications issued

in writing by the Employer shall form part of the technical specifications of this work.

Page - 19 -
 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 PWD registered bidders are already registered on the new e-procurement portal
https://www.mptenders.gov.in. The user id will be the contractor ID provided to them
from MP Online. The password for the new portal has been sent to the bidders registered
email ID. for more details may contact M/s. _Tata Consultancy Services Corporate
Block, 5th floor, DB City BHOPAL-462011 email id: eprochelpdesk©mpsdc.gov.in.
Helpdesk phone numbers are available on. Website.
2. DIGITAL CERTIFICATE:
The bids submitted online should be signed electronically with a Class Ill Digital
Certificate to establish the identity of the bidder submitting the bid online. The bidders
may obtain Class Ill Digital Certificate issued by an approved Certifying Authority
authorized by the Controller of Certifying Authorities, Government of India. A Class Ill
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. For details please visit cca.gov.in.
NOTE:
I. It may take up to 7 working days for issuance of Class Ill Digital Certificate; hence the
bidders are advised to obtain the Certificate at the earliest. Those bidders who already have
valid Class Ill Digital Certificate need not obtain another Digital Certificate for the same.
The bidders may obtain more information and the Application From required to be
submitted for the issuance of Digital Certificate from cca.gov.in
II. Bids can be submitted till bid submission end date. Bidder will require digital signature
while bid submission.

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

Page - 20 -
 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.

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.
The details are available at https://www.mptenders.gov.in

4. 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.

5. PREPARATION AND SUBMISSION OF BIDS

The bidders have to prepare their bids online, encrypt their bid Data in the Bid forms
end submit Bid 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.

6. PURCHASE OF BID DOCUMENT

For purchasing of the bid document bidders have to pay Service Charge online ONLY
which is Rs. [as per Bid Date 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 upto scheduled time and
date as set in the key dates. The payment for the cost of bid document shall be made.
online through Debit/Credit card Net banking or NeFT Chillan through the payment
gateway provided on the portal.

7 WITHDRAWAL, SUBSTITUTION AND MODIFICATION OF BIDS

Bidder can withdraw and modify the bid till Bid submission end date

Page - 21 -
 NOT APPLICABLE 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. Number of partners in a Joint Venture shall not exceed 3 (three). The 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 charge 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 effect shall be
included in the authorization mentioned under[c] of above, as well as in the bid and in the
Agreement tin case of a successful bid];
e. The joint venture agreement should indicate precisely the role of all members of IV in
respect of planning, design, construction equipment key personnel, work execution, and
financing of the project. All members of JV 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, 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 bid.
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 security of a joint venture shall be in the name of the partner Lead
Partner/joint venture.
4. Attach the power of attorney 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 indicted in the Instructions to Bidders’.
6. Furnish details of participation proposed in the joint venture as below:
DETAILS OF PARTICIPATION IN THE IOINT VENTURE
PARTICIPATION DETAILS . FIRM ‘A’ FIRM ‘B’ FIRM ‘C’
(Lead Partner)
Financial
Name of the Banker(s)
Planning
construction Equipment
Key Personnel
Execution of Work
(Give details on contribution of each)
7. The partners of J.V. should satisfy the qualification criteria as below,
a. The Lead Partner must meet at least 50% requirement of Technical and Financial
eligibility criteria required for the bid.
b. The other partner(s) must meet at least 25% requirement of Technical and financial
eligibility criteria required for the bid.

Page - 22 -
 c. The lead partner and the other partners should together meet 100% of all the eligibility
criteria required for the bid.
8. For the meeting the minimum qualification criteria of experience of similar nature work.
Every partner can have experience of different works as defined in similar nature works
and together should have the experience of all type of works described in similar nature
works.

Page - 23 -
 Annexure-H
(See clause 12 of Section 2 —ITB & clause 4 of GCC)

ORGANIZATIONAL DETAILS
(To be Contained in Envelope- A)
S.No Particulars Details
.
1 Registration number issued by Centralized ‘(If applicable, scanned copy of proof
Registration System of Govt. of M.P. or Proof of of application for registration to be
application for registration. uploaded)
2 Valid Registration of bidder in appropriate class Registration No. ____Date______
through Centralized Registration of Govt. of MP (Scanned copy of Registration to be
uploaded)
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 firm and limited company certified copy of partnership deed/
Articles of Association and Memorandum of Association along with registration certificate
of the company shall have to be enclosed.

Signature of Bidder with Seal

Date: ____________

Page - 24 -
 Annexure —1
See clause 14 of Section 2 -ITB)

Envelope — B, Technical Proposal

Technical Proposal shall comprise the following documents:

S.No Particulars Details to be submitted

.
1 Experience — Financial & Physical Annexure - I (Format: I-1)

2 Annual Turnover Annexure - I (Format: I-2)

3 List of technical personnel for the key positions Annexure - I (Format: I-3)

4 List of Key equipments/ machines for quality Annexure - I (Format: I-4)

control labs

5 List of Key equipments/ machines for Annexure - I (Format: I-5)

construction work

Note:
1. Technical Proposal should be uploaded duly page numbered and indexed.
2. Technical Proposal uploaded otherwise will not be considered.

Page - 25 -
 As per Applicable 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 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 in any one financial year 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 Amount of Employer's
Number & Work Work Completion Contract Name and
Year Order Address

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

Agreement Nam Date of Date of Amount Amount of Employer's

Number & e of Work Completion of balance Name and
Year Work Order Contract work Address

B. Physical Requirement:
Execution of similar items bf 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.
S.N Particulars Actual Quantity Executed
o. (To be filled in by the contractor)
Year - 1 Year - 2 Year - 3
1 Physical qualification required Yes/No
2 Earthwork
3 Concrete work

Note:
1. 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.

Page - 26 -
 As per Applicable Annexure-I(Format: I-2)
(See douse 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 5 financial years;

To be filled in by the contractor:

Financial Year Payments received for contracts in

progress or completed
1
2
3
4
5
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 financial years to be enclosed.

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 = (1.5A X B) - C

Where

A. = Maximum value of civil engineering works executed in any one year during the last five
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.

Page - 27 -
 As per Applicable Annexure - I (Format : I-3)
(See clause 14 of Section 2-ITB & Clause 6 of GCC)

List of Technical Personnel for the Key Positions1

S Ke y
. Positi Minimum requirement Available with the bidder
N on
o
. Minimum
requirement
for work

Similar work experience

Similar work experience

Total Work Experience

Total Work Experience

costing

Name of Personnel
Qualification

Qualification
Key Position
S. N o .
Age

Age
U Fro Ab
pt m Rs ove
o 5 to Rs
Rs Rs 20
5 20 Cr
Cr Cr
1 2 3 4 5 6 7 8 9 1 1 12 1 1 1 1
0 1 3 4 5 6
1 P ro j - 1 B.E be 10 15
ect . low years
M an a Civil 65 experi
ger yea ence
rs
2 Site 1 2 3 B.E be 5 10
Engin . low years
eer Civil 65 experi
yea ence
rs
3 Plan 1 1 B.E be 3 5
t . low years
Engin M ec 6 5 experi
eer h. yea ence/
/ D ip r s 7
lo m years
a in experi
me c ence
h.
4 Qua 2 3 B.E be 5 12
ntity . low years/
Surve Civil 65 10
yor /Dip yea years
lo m r s experi

1
Section 2 – Annexure I (Format I-3)
Page - 28 -
 a ence
Civil

5 Soil 1 2 B.E be 5 12
& . low years/
M at e r Civil 65 10
ial / D ip yea years
Engin lo m rs experi
eer a ence
Civil
Tot a 1 6 10
l

Note:

1. Aforesaid personnel shall be deployed within the period starting from the date of award of
contract as stipulated in the contract.
2. Approval of the superintending engineer about suitability of personnel shall be obtained
before deployment.

Page - 29 -
 As per Applicable Annexure - I (Format : I-4)
(See clause 14 of Section 2-ITB)

REQUIRED AS PER APPLICABLE WORK

List of Key Equipments/ Machines for Quality Control Labs

Minimum requirement

S. Name of Equipment/ Quantity for works Quantit Remarks

No . Machinery costing y
Upto Fr o m A b ov Available
Rs 5 Cr Rs 5 Cr e Rs 20 with the
to 20 Cr Bidder
Cr
A) GENERAL
1) Weigh Balances
a) 5-20 kg capacity Electronic Nil N il 1 N o.
type – Accuracy 1 gm
b) 500 gm capacity-Electronic 1 No. 1 N o. 1 N o.
Type Accuracy 0.01 gm
c) Electronic 5 kg capacity 1 No. 1 N o. 1 N o.
Accuracy 0.5 gm
e) Chemical Balance 100 gm Nil N il 1 No
capacity-accuracy 0.001 gm
2) Oven-electrically operated, 1 No 1 No 1 No
thermostatically controlled
(including thermometer),
stainless steel interior (From 0ºC
to 220ºC Sensitivity 1ºC)
3) Sieves : as per IS:460-1962
a) I.S. sieves 450 mm internal 1 set 1set 3 set
dia of sieve sets as per BIS of
required sieve sizes complete
with lid and pan
b) IS sieve 200 mm internal dia 2 sets 2 sets 3 sets
(brass frame and steel/or brass
wire cloth mesh) consisting of
sieve sets of required sieve sizes
complete with lid
4) Sieve shaker capable of saking Nil 1 No 3 No
200 mm and 450 mm dia sieves-
electrically operated with time
switch (for work costing more
than 15 crore only)
5) 200 tonnes compression 1 No 1 No 2 No
testing machine
6) Stop watches 1/5 sec. accuracy 1 No 1 No 3 No
7) Glassware comprising beakers, 2 No. 2 No. 2 No.
pipettes, dishes, measuring each each each
Page - 30 -
 cylinders (100 to 1000 cc
capacity) glass roads and
funnels, glass thermometers
range 0ºC to 100ºC and metallic
thermometers range up to
300ºC.
8) Hot plates 200 mm dia (1500 1 No 2 No
watt.)
9) Enamel trays
a) 600 mm x 450 mm x 50 mm 1 N os 1 N os 2 N os
b) 450 mm x 300 mm x 40 mm 1 N os 1 N os 2 N os
c) 300 mm x 250 mm x 40 mm 1 N os 1 N os 2 N os
d) Circular plates of 250 mm 1 N os 1 N os 2 N os
dia
10 Water Testing Kit N il N il 1 No
)
B) FOR SOILS
1) Water Tank 1 No 1 No 3 No
2) Liquid limit device with ASTM N il 1 No 1 No
grooving tools as per IS:2720
3) Sampling pipettes fitted with N il 1 set 1 set
pressure and suction inlets, 10
ml. Capacity
4) Compaction apparatus N il 1 No 1 No
(Proctor) as per IS:2720 (Part 7)
complete with collar, base plate
and hammer and all other
accessories
5) Modified AASHTO Compaction N il 1 No 1 No
apparatus as per IS:2720 (Part 8)
1974 or Heavy Compaction
Apparatus as per IS complete
with collar, base plate hammer
and all other accessories(for
work costing more than 15 crore
only)
6) Sand pouring cylinder with 1 N os 2 N os 2 N os
conical funnel and tap and
complete as per IS:2720 (Part
28) 1974 including modern
equipment.
7) Ennore Standard Sand As As As
require require require
d d d
8) Sampling tins with lids 100 mm Nil N il 4 N os
dia x 75 mm ht. ½kg capacity
and miscellaneous items like
moisture tins with lid 50 grams
etc.
9) Lab CBR testing equipment for Nil 1 Se t 1 Se t

Page - 31 -
 conducting CBR testing, load
frame with 5 Tonne capacity,
electrically operated with speed
control as per IS:2720 (Part 16)
and consisting of following: (for
work costing more than 15 crore
only)
a) CBR moulds 150 mm dia – N il 6 No 6 No
175 h t .
b) Tripod stands for holding N il 4 N os 4 N os
dial gauge holder
c) CBR plunger with settlement N il 1 No 1 No
dial gauge holder
d) Surcharge weight 147 mm N il 6 N os 6 N os
dia 2.5 kg wt.
e) Spacers disc 148 mm dia N il 2 N os 2 N os
47.7 mm ht. With handle
f) Perforated plate (Brass) N il 2 N os 2 N os
g) Soaking t an k f or N il 2 N os 2 N os
accommodating 6 CBR moulds
h) Proving rings of 1000 kg, N il 1 No 1 No
2500 kg capacity each each
i) Dial gauges 25 mm travel- N il 2 No 2 No
0.01 mm/division
10 Standard penetration test N il N il 1 No
) equipment
11 Nuclear moisture Density N il N il 1 No
) meter or equivalent(for work
costing more than 15 crore only)
12 Sp e e d y moisture me t e r I No 1 No 3 No
) complete with chemicals
13 Unconfined Compression Test N il N il 1 No
) Apparatus (for work costing
more than 15 crore only)
C) FO R BITUMEN A ND
BITUMINOUS MIXES
1) Constant temperature bath for N il 1 No 1 No
accommodating bitumen test
specimen, electrically operated,
and thermostatically controlled
(to accommodate minimum six
Specimens)
2) Penetrometer automatic type, N il 1 No 1 No
including adjustable weight
arrangement and needles as per
IS:1203-1958
3) Solvent extraction or 1 No 1 No 1 No
centrifuge type apparatus
complete with extraction
thimbles with solvent and filter

Page - 32 -
 p ap e r
4) Bitumen laboratory mixer N il 1 No 1 No
including required accessories
(20 ltrs.) (for work costing more
than 15 crore only)
5) Marshall compaction N il 1 set 1 set
apparatus automatically
operated as per ASTM 1559-62 T
complete with accessories (with
180 N Marshall Moulds) (for
work costing more than 15 crore
only)
6) Furol viscometer N il 1 No 1 No
7) Ductility meter (for work N il 1 No 1 No
costing more than 15 crore only)
8) Softening point (Ring and ball N il 1 No 1 No
ap p )
9) Distant reading thermometer N il - -
10 Rifle box N il - 1 No - 1 No
)
11 Automatic Asphlat content N il - 1 No - 1 No
) Meter
12 Thin film over test apparatus N il - -
) for modified binder either with
PMB or CRMB(for work costing
more than 15 crore only)
13 Mastic Asphalt Hardness N il - -
) testing equipment(for work
costing more than 15 crore only)
14 Sand Equivalent test apparatus N il 1 set 1 set
)
15 Core cutting machine suitable 1 set 1 set 2 set
) for upto 150 mm dia core
16 Thermometers (Digital) 2 N os 4 N os 8 N os
)
D) FO R CEMENT, CEMENT
CONCRETE AND MATERIALS
1) Water Tank 1 No 1 No 1 No
2) Vicat needle apparatus for 1 No 1 No 1 No
setting time with plungers as per
IS:269-1967
3) Moulds
a) 150 mm x 300 mm ht. N il N il As
Cylinder with capping Requir
component along with the ed
capping set and compound as
per IS
b) Cube 150 mm, and 100 mm 6 N os 12 24
(each size) N os N os
4) Concrete permeability N il N il 1 No

Page - 33 -
 apparatus
5) High frequency mortar cube N il N il 1 No
vibrator for cement testing
6) Concrete mixer power driven, N il N il 1 No
1 cu.ft. capacity
7) Variable frequency an d N il N il 1 No
amplitude vibrating table size 1
m x 1 m as per the relevant
British Standard
8) Flakiness index test apparatus 1 No 1 No 1 No
9) Aggregate impact test N il N il 1 No
apparatus as per IS:2386 (Part 4)
1963
10 Los-Angeles abrasion test N il N il 1 No
) apparatus as per IS:2386 (Part 4)
1963
11 Flow table as per IS:712-1973 N il N il 1 No
)
12 Equipment for slump test 1 No 1 No 2 No
)
13 Equipment for determination 1 No 1 No 2 No
) of specific gravity or fine and
coarse aggregate as per IS:2386
(Part 3) 1963
14 Compression and Flexural 1 No 1 No 2 No
strength testing machine of 200
T capacity with additional dial
for flexural testing
15 Core cutting machine with 1 No 1 No 2 No
10/15 cm dia diamond cutting
edge
16 Needle vibrator N il 1 No 2 No
)
17 Air entrainment meter N il N il 1 No
)
18 0.5 Cft, 1 Cft cylinder for N il 1 No 2 No
) checking bulk density of
aggregate with tamping rod
19 Soundness testing apparatus N il N il 1 No
) for cement (Lee Chattlier)
E) FOR CONTROL OF PROFILE
AND SURFACE EVENNESS
1) Total Station N il 1 No 1 No
2) Precision automatic level with 1 set 1 set 1 set
micrometer attachment
3) Distomat or equivalent N il N il 1 Se t
4) Theodolite – Electronically N il N il 1 No
operated with computerised
output attachment
5) Precision staff 2 sets 4 sets 8 sets

Page - 34 -
 6) 3 meter straight edge and 1 sets 2 sets 8 sets
measuring wedge
7) Camber template 2 Lane
a) Crown type cross – section 1sets 1 sets 4 sets
b) Straight run cross – section 1sets 1sets 4sets
8) Steel tape
a) 5 m long 2 N os 4 N os 8 N os
b) 10 m long 2 N os 4 N os 8N os
c) 20 m long 2 N os 4 N os 8N os
d) 30 m long 2 N os 4 N os 8 N os
e) 50 m long 1 No 4 No 8 No
9) Roughometer (Bump 1 No. 1 No. 1 No.
Integrator) (when (when (when
require require require
d) d) d)
Note: Intention to procure/lease the equipement should be accompanied by documents to
the effect. The nature of documents could be any one of the under:
i) Order to the manufacturer of the plant and equipment’s.
ii) Confirmation from the manufacturer.
iii) Proof of payments in full or part.
iv) Agreement to lease the equipment.

Page - 35 -
 As per Applicable Annexure - I (Format : I-5)
(See clause 14 of Section 2-ITB)

REQUIRED AS PER APPLICABLE WORK

List of Key Equipments/ Machines for Construction Work (Road)

Minimum requirement
S. No. Name of Equipment/ Quantity Required with the bidder Quantity Remarks
Machinery for works costing Available
Upto Rs From Rs 5 Above with the
5 Cr Cr t o 2 0 Cr Rs 20 Cr bidder
1. for Concrete pavements
i) Concrete batch mix plant. 1 Cum As per
capacity Applicable
ii) Plate Vibrators 1 Nos. As per
Applicable
iii) Pin Vibrators 1 Nos. As per
Applicable
iv) Concrete sensor paver 1 Nos. As per
Applicable
v) Water tank 1 Nos. As per
Applicable
vi) Loaders 1 N o. As per
applicable
vii) Tippers 1 Nos. As per
applicable

Note: Intention to procure/lease the plants and machinery should be

accompanied by documents to the effect. The nature of documents could be any
one of the under:
i) Order to the manufacturer of the plant and equipment’s.
ii) Confirmation from the manufacturer.
iii) Proof of payments in full or part.
iv) Agreement to lease the equipment.

Page - 36 -
 Annexure — J
(See clause 14 of Section 2 -ITB)
FINANCIAL BID
(To Be Contained in Envelope-C)
NAME OF WORK___________________________
I/We hereby bid for the execution of the above work within the time specified at the rate
(in figures) _________(in words) _______________________________percent below/ above
or at par based on the Bill of Quantities and item wise rates 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 stacking.
of materials, installation of tools and plant conditions effecting accommodation and movement
of labor 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 Municipal Corporation Jabalpur or his successors in office the
sums of money mentioned in the said conditions.

Note:
i. Only one rate of percentage above or below or at par based on the Bill of Quantities and
item wise rates .given therein shall be quoted.
ii. Percentage shall be quoted in figures as well as in words. If any difference in figures and
words is found lower of the two shall be taken as valid and correct rate. If the bidder is not
ready to accept such valid and correct rate and declines to furnish performance -security
and sign the agreement his earnest money deposit shall be forfeited.
iii. In case .the percentage “above” or “below” is not given by a bidder, his bid shall be treated
as non-responsive.
iv. All duties, royalties, levies and taxes except Goods and services tax (GST) are included in
the rates (in case of percentage rate bids)/ lump-sum offer (in case of lump-sum bids)
quoted by the bidder.

Signature of Bidder
Name of Bidder

The above bid is hereby accepted by me on behalf of the Municipal Corporation Jabalpur dated
the ______________ day of ___________________ 20________________

Signature of Officer
by whom accepted

Page - 37 -
 Annexure — K
(See clause 15 of Section 2 -ITB)
Not Applicable
MATERIALS TO BE ISSUED BY THE DEPARTMENT

S.No. Name of material Rate (Issue Unit Remarks

rate)
1. Nil

Page - 38 -
 Annexure—L
(See clause 21 of Section 2 -ITB)
LETTER OF ACCEPTANCE (LOA)
No. _______________ Dated: __________
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 Municipal
Corporation Jabalpur 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

Page - 39 -
 Annexure — M
(See clause 22 of Section 2 -ITB)

PERFORMANCE SECURITY

To
_______________________________________[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, an 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 term of the Contract
of the Works to be performed there under 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, Name 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.

Page - 40 -
 SECTION 3
Conditions of Contract
Part - I General Conditions of Contract [GCC]
Table of Clauses of GCC
Clause Particulars Claus Particulars
No. e No.
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 23 No Interest Payable
Documents
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 30 Security Deposit
Person
10 Contractor to Construct the 31 Price Adjustment
Works
11 Discoveries 32 Mobilization and Construction
Machinery Advance
12 Dispute Resolution System 33 Secured Advance
B Time Control 34 Payments Certificates
13 Programmed E. Finishing the Contract
14 Extension of Time 35 Completion Certificate
15 Compensation for Delay 36 final Account
16 Contractor’s quoted F. Other Conditions of Contract :
percentage
C. Quality Control 37 Currencies
Page - 41 -
17 Tests 38 Labor
18 Correction of Defects 39 Compliance with Labor Regulations
noticed during the Defect
Liability Period
D. Cost Control 40 Audit and Technical Examination . —
19 variations.- Change in 41 Death or Permanent Invalidity of
original Specifications, Contractor
Designs, Drawings etc.
20 Extra Items . 42 .Jurisdiction

Page - 42 -
 A. General
1. DEFINITIONS
1.1. Bill of Quantities: means the priced and completed Bill of Quantities
forming part of the Bid.
1.2. Chief Engineer: means Chief Engineer of the zone/ basin concerned:
13. 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 impIy 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
organization 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 far 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.

Page - 43 -
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 authorized 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, Tendered/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. Wards 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 (ITB, Bid Data Sheet with all Annexure)
3. Conditions of Contract:
i. Part I General Conditions of Contract and the Contract Data; with all
Annexure
ii. Part lI Special Conditions of Contract.
4. Specifications
5. Drawings
6 Bill of Quantities
7. Technical and Financial Bid
8. Agreement, and
9. Any other document(s), as specified.

Page - 44 -
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
effective 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 Contractors obligations.
b. Following shall not form part of subcontracting:
i. Hiring of labor through a labor 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 centralized registration system for contractors of the
G0MP.

6. Personnel
61 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 staff 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.

Page - 45 -
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 contact 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.

Page - 46 -
 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 design/
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
Corporation 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 fulfillment 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.

Page - 47 -
 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. Programmed
13.1 Within the time stated in the Contract Data, the Contractor shall
submit to the Engineer for approval a Programmed 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 Programmed.
13.3 An update of the Programmed shall be a programmed showing the actual
progress achieved on each activity and the effect 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
Programmed at intervals no longer than the period stated in the Contract
Data. If the Contractor does not submit an updated Programmed within this
period, the Engineer 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 Programmed has been
submitted.
13.5 The Engineer’s approval of the Programmed shall not alter the Contractor’s
obligations.

14. Extension of Time

14.1. The contract is for completion of works and therefore non approval of
EOT shall not in any way invalidate the contract. The contractor will
have to complete the works.

14.2 In the event of delays attributable to the contractor, the EOT shall not
be given by the Engineer-in-Charge and the Liquidated Damages
shall be levied from the contractor in accordance with the provisions
of the contract.

Page - 48 -
 14.3 In the event, the delays are not attributable to the contractor the EOT
may be issued by the Engineer-in-change without imposition of
Liquidated Damages either request of the contractor.

It is clarified that out of the total delays in completion of works, the

EOT shall be issued only for the part, which is not attributable to the
contractor.

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 time lines
mentioned in the Contract Data the Engineer-in-charge shall retain
from the bills of the Contractor amount equal to the liquidated
damages livable 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.

16. Contractor’s quoted percentage

The Contractor’s quoted percentage rate referred to in the “Bid for works’
will be deducted added from/to the net amount of the bill after deducting the
cost of material supplied by the department.

Page - 49 -
 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.
17.4 Ten percent of the mandatory test prescribed under the specification
shall be got carried out through laboratories accredited by national
Accreditation Board of laboratories (NABL) By the Engineer-in-
charge and the cost of such testing shall be deducted from the
payments due to contractor .

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 haying
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,
Page - 50 -
 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.
20. Extra items
20.1 All such items which are not included in the priced BOQ shall be
treated as extra items.

21. Payments for Variations and / or Extra Quantities

21.1 The rates for such additional (Extra quantity), altered or substituted
work / extra items under this clause shall be worked out in
accordance with the following provisions in the irrespective order:
a. The contractor is bound to carry out the additional (Extra
quantity), work at the same rates as are specified in the contract
for the work.

b. If the item is not in the priced BOQ and is. included in the SOR
of the department, the rate shall be arrived at by applying the
quoted tender percentage on the SOR rate.

c. If the rates for the altered or substituted work are not provided in
applicable SOR - such rates will be derived from the rates for a
similar class (type) of work as is provided in the contract (priced
BOQ) for the work.

d. If the rates for the altered, substituted work cannot be determined

in the manner specified in the sub clause (c) above - then the rates
for such composite work item shall be worked out on the basis of
the concerned Schedule of Rates minus/plus the percentage
quoted by the contractor.

e. If the rates for a particular part or parts of the item is not in the
Schedule of Rates and the rates for the altered, or substituted
work item cannot be determined in the manner specified in sub
clause (b) to (d) above, the rate for such part or parts will be

Page - 51 -
 determined by the Competent Authority, as defined in the
Contract Data on the basis of the rate analysis derived out of
prevailing market rates when the work was done.

f. But under no circumstances, the contractor shall suspend the

work on the plea of non-acceptability of rates on items falling
under sub clause (a) to (d). In case the contractor does not accept
the rate approved by the Engineer in Charge for a particular item,
the contractor shall continue to carry out the item at the rates
determined by the Competent Authority. The decision on the final
rates payable shall be arrived at through the dispute settlement
procedure.

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 effect recoveries
as arrears of land revenue under the M.P. Land-Revenue Code.
Page - 52 -
25. Tax -
25.1 The rates (in case of percentage rate bids)/ lump-sum offer (in case of lump-
sum bids) quoted by the contractor shall be deemed to be inclusive of all
duties, royalties, levies and taxes except Goods and Services Tax (GST). The
amount of applicable GST will be paid separately to the Contractor with each
bill at the time of payment.
25.2 The liability, if any, on account of quarry fees, duties, taxes (except GST),
royalties and levies in respect of material consumed or services rendered 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 falls 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;

Page - 53 -
 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 chargé 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.
27.4 Notwithstanding 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 difference 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 and additional performance security, if any remains
valid for the period ‘as specified in the Contract Data.
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 7% percentage of Contract Price specified in the
Contract Data.

Page - 54 -
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 Delectability Period.
30.3 The Security Deposit shall be refunded on completion of’ Defect Liability
Period.

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 labor, 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. Weight ages 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 fail in costs to the
contractor is not covered by the provisions of this or other clauses in the
contract the unit rates and prices included in the contract shall be deemed
to include amounts to cover the contingency of such other rise or fall in
costs.

Page - 55 -
 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 deducing 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 effective 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.

Page - 56 -
 3.4 The Secured Advance paid shall be recovered as stated in the Contract Data.
34. Payment Certificates
The payment to the contractor will be as follows for construction work:
(a) The Contractor shall submit to the Engineer monthly statements of the value of the work executed less
the cumulative amount certified previously, supported with detailed measurement of the items of work
executed.
(b) The Engineer shall check the Contractor’s monthly statement and certify the amount to be paid to the
Contractor.

(c) The value of work executed shall be determined, based on the measurements approved by the
Engineer/ Engineer-in-charge.

(d) The value of work executed shall comprise the value of the quantities of the items in the Bill of
Quantities completed:

(e) The value of work executed shall also include the valuation of Variations and Compensation Events.

(f) 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.

(g) The Engineer may exclude any item certified in a previous certificate or reduce the proportion of any
item previously certified in any certificate in the light of later information.

(h) Payment of intermediate certificate shall be regarded as payments by way of advance, against the final
payment and not as payments for work actually done and completed.

(i) Intermediate payment shall not preclude the requiring of bad, unsound and imperfect or unskilled
work to be removed and taken away and reconstructed or be considered as an admission of the due
performance of the contractor any part thereof, in any respect or the occurring of any claim.

(j) The payment of final bill shall be governed by the provisions of clause 36 of GCC.

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 (completion certificate issue) 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 finalize the account and issue a
payment certificate within 28 days.
F. Other Conditions of Contract

Page - 57 -
37. Currencies
All payments will be made in Indian Rupees.
38. Labor
38.1 The Contractor shall, unless otherwise provided in the Contract, make his own arrangements
for the engagement of all staff and labor, 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 labor from time to time employed by the Contractor on the
Site and such other information as the Engineer may require.
39. Compliance with Labor Regulations
39.1 During continuance of the Contract, the Contractor and his Sub Contractors shall abide at all
times by all existing labor enactments and rules made there under, regulations, notifications
and bye laws of the, State or Central Government or local authority and any other labor law
(including rules), regulations, bye laws that may be passed or notification that may be issued
under any labor law in future either by the State or the Central Government or the local
authority. Salient features of some of the major labor 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 sun 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

Page - 58 -
 This contract has been entered into the State of Madhya Pradesh and its validity,
construction, interpretation and legal effect shall be subjected to the courts at the place
where this agreement is entered into. No other jurisdiction shall be applicable.

[End of GCC]

Page - 59 -
 CONTRACT DATA
Clause Particulars Data
reference
1.14 Employer Commissioner Municipal
Corporation Jabalpur
1.15 Engineer Executive Engineer
1.16 Engineer in Charge Executive Engineer PWD (HQ)
Municipal Corporation Jabalpur
1.12 Stipulated period of completion 04 month
3 Language & Law of Contract English & Indian Contract Act 1872
4 Address & contact details of the Contractor As per Annexure H
Address & contact details of the Employer/ Engineer- Commissioner Municipal
phone, Fax, email. Corporation Jabalpur M.P.
Phone no-
Fax no- (0761) 2410892
Email-
5 Subcontracting permitted for the Contract Value As per applicable provision.
6 Technical Personnel to be provided the contractor— As per Annexure - I (Format I-3)
requirement, &
Penalty, if required Technical Personnel not employed Rs. As per applicable direction
enforced
10 Specifications As per Annexure E
Drawings As per Annexure N
12 Competent Authority for deciding dispute under Dispute As per applicable direction enforced
Resolution System
Appellate Authority for deciding dispute under Dispute Engineering in chief.
Resolution System (Chief Engineer in absence of
Engineering in chief)
13 Period for submission of updated construction program Ten days from the date of
agreement.
Amount to be withheld for not submitting construction
program in prescribed period 1% of Probable Amount of
Contract.

14 Competent Authority for granting Time Extension. As per Competent Authority

15 Milestones laid down for the contract Yes - as per stipulated period of
construction completion.
If Yes, details of 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 15 days from the date of agreement.
Penalty for not establishing field Laboratory As per applicable direction enforced
18 Defect Liability Period 36 months after physical completion
of work
21 Competent Authority for determining the rate As per provisions.
27 Any other condition for breach of contract As per provisions

Page - 60 -
 Clause Particulars Data
reference
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 Conditions of Contract, whichever is higher
29 Performance guarantee (Security) Till issue of physical Completion Certificate as per
shall be valid up to Clause 35.1
30 Security Deposit to be deducted At the rate of 7 %.
from each running bill
Maximum limit of deduction of Up to 7% 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 Price adjustment shall be Price Adjustment shall be applicable only in case where
(1) applicable the amount in NIT is more than Rs. 10 (Ten) Crores. This
clause shall not have any bearing with the Contract
Amount.
32:1 Mobilization and No Mobilization and Construction Machinery Advance
Construction Machinery Advance payable .
Applicable
32.2 If yes, Unconditional Bank In the format prescribed in Annexure - S
Guarantee
32.3 If yes, Rate of interest 10% annual simple interest
chargeable on advances
32.4 If yes, Type & Amount of 1. Mobilization advance - Not more than ... % of contract
Advance payment that can be paid amount
2. Construction Machinery Advance — Not more than ... % of
contract amount
32 32.5 If yes, Recovery of advance Recovery of Mobilization and/or Construction Machinery
payment 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 In the format prescribed in Annexure —T
Guarantee
33.2 if yes, Amount of Secured 75% of value of material as determined by the Engineer in
Advance : Charge
33.3 if yes, Conditions for secured a) The materials are in-accordance with the specification for
advance . 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 a 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

Page - 61 -
 estimated value of the materials on site together with such
documents as may be required by the Engineer for the purpose of
valuation of the materials and providing evidence of ownership
and payment thereof;
e) Ownership of such materials 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 The advance shall be repaid from each succeeding monthly
advance payments to the extent materials [for which advance was
previously paid) have been incorporated into the Works.
35 Completion certificate - after physical As per Annexure - U
completion of the Work
Final Completion Certificate — after As per Annexure-V
final payment on completion of the
Work
36 Competent Authority As per enforced directions
39 Salient features of some of the major As per Annexure - W
labour laws that are applicable
41 Competent Authority As per enforced directions.

Page - 62 -
 ANNEXURE—N
(See clause 10 of Section 3— GCC)
Drawings List of drawings - Attached.

Page - 63 -
 ANNEXURE—O
(See clause 15 of Section 3 -GCC)

Details of Milestones

As per contract data – Rational progress with respect to cost of work ( probable
amount of contract) and completion period.

Page - 64 -
 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 different
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.

Page - 65 -
 Annexure – Q
(See clause 17 of Section 3 GCC)

List of Equipment for Quality Control Lab

As per required .

Page - 66 -
 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

S.No. Component Percentage of
Component in the
work
1. Cement -Pc
2. Steel -Ps
3. Bitumen –Pb
4. POL Pf

* Weight ages of various components of the work shall be as determined by

the competent Technical 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.
C0= 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 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

Page - 67 -
(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-So)/So

Vs= Increase or decrease in the cost of work during the month under
consideration due to changes in the rates for steel.
So = 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.

Adjustment bitumen component

(iv) Price adjustment for increase or decrease is the cost of bitumen shall be paid in
accordance with the following formula:
Vb= 0.85xPb/100xRx(BI-B0/Bo
Vb= Increase or decrease the cost of work during the month under
consideration due to changes in rates for bitumen.
B0= The official retail price of bitumen at the IOC depot at nearest center on
the date of opening of Bids.
Bi = The official retail price of bitumen of IOC depot at nearest center for the
15th day of the month under consideration.
Pb = Percentage of bitumen component of the work.

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 = 0.85x Pf/100xRx(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 lubricant.
F0= The official retail price of High speed Diesel (HSD) a 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 at
nearest center for the 15th day of month of the under consideration.
Pf = Percentage of fuel and lubricants component of the work.
Note: For the application of this douse, the price of High Speed Diesel has been chosen
to represent fuel and lubricants group.

Page - 68 -
 AS PER APPLICABE
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 there under 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.

Page - 69 -
 Not Applicable

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 labor 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 authority 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

Page - 70 -
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 offered 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.
(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

Page - 71 -
 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 were 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.

Page - 72 -
(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:
(a) Seize and utilize the said materials or any part thereof in the
completion 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 effecting
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 repayable 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.
Page - 73 -
(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
effect 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.

Page - 74 -
 NOT APPLICABLE
e/;izn's k jkti=] fnuakd 31 vxLr 2018

FORM -37
BANK GUARANTEE FORMAT
[Rule 116 (b)]
Municipality- Nagar Nigam Jabalpur

--------------------------------Stamp Paper--------------------------------------
(Appropriate Value)

Ref -:___________________
Bank Guarantee-:____________________
Date-:__________________

BANK GURANTEE FOR ADVANCE PAYMENT

COMMISSIONER

_____________________________

_____________________________

Dear Sir,

In consideration of Nagar Nigam Jabalpur (hereinafter referred to as the “Client”, which

expression shall, unless repugnant to the context or meaning thereof include its successors,
administrators and assigns) having awarded to__________________{Name of
Contractor/Supplier/Services} (hereinafter referred to as the “Contractor which expression
shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns, contract by issue of Client’s Contract Agreement dated
____________and the same having been unequivocally accepted by the Contractor/provider,
resulting in a Contract valued at_____________________________
(Rupees _________________________only) for________________(hereinafter called the
“Contract /Agreement”) and the Client having agreed to make an advance payment to the
contractor/Supplier/Services provider for the performance of the above Contract amounting
to______________(Rupees ___________________only) as an advance against Bank Guarantee
to be furnished by the contractor/Supplier/Services provider.

Page - 75 -
We,_____________________________________{Name of Bank} having registered office
at_______________________________________ (hereinafter referred to as the Bank), which
expression shall, unless repugnant to the context for meaning thereof, include its successors,
administrators executors and assigns, do hereby guarantee and undertake to pay the Client
immediately on demand any, or all monies payable by the Contractor/ Supplier/Service
provider to the extent of as aforesaid at any time up to _______________
Without any demur, reservation, contest, recourse or protest and/or without any reference to
the Contractor/Supplier/Service provider. Any such demand made by the Client on the Bank
shall be conclusive and binding notwithstanding any difference between the Client and the
Contractor/Supplier/Service provider or any dispute pending before any Court, Tribunal,
Arbitrator or any other authority,. We agree that the Guarantee herein contained shall be
irrevocable and shall continue be enforceable till the Client discharges this Guarantee.
The Client shall have the fullest liberty without affecting, any way the liability of the Bank
under this Guarantee, from time or very the advance or to extend the time for performance of
the Contract by the Contractor/Supplier/Service provider. The Client shall have the fullest
liberty without affecting this Guarantee, to postpone from time to time the exercise of any
powers vested in them or of any right which they might have against the Client and to exercise
the same at any time in any manner, and either to enforce or to forbear to enforce any
covenants, contained or implied, in the Contract between the Client and the
Contractor/Supplier any other course or remedy or security available to the Client. The Bank
shall not be relieved of its obligations under these presents by exercise by the Client of its
liberty with reference to the matters aforesaid or commission on the part the Client or any
other indulgence shown by the Client or by any other matter or thing whatsoever which under
law would but for this provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Contractor provider and notwithstanding any security or other Guarantee the Client may have
in relation to the contractor’s liabilities.
Notwithstanding anything contained herein above:
(a) Our liability under this Guarantee is limited to ___________(Rupees_____________
only) it shall remain in force upto and including _______________and shall be
extended from time to time for such period, as may be desired by_______________
{Contractor/supplier/service provider} on whose behalf this Guarantee has been given.

Page - 76 -
(b) this Bank Guarantee shall be valid upto______________________________
(c) we are liable to pay guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve us a written claim or demand on or
before________________.

Date:
(Bank) _____________
(Authorized
Signatory)

Signature/Address of witness
1_____________________
______________________
___________________________

2__________________________
___________________________
___________________________

Page - 77 -
 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

...............................

...............................

Page - 78 -
 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).

Agreement 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

...................................

...................................

Page - 79 -
 Annexure - W
(See clause 39 of Section 3 -GCC)

Salient Features of Some Major Labor 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 Labor (Regulation & Abolition) Act 1970: - The Act provides for
certain welfare measures to be provided by the Contractor to contract
labor 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 labor.
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.
Page - 80 -
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 off 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.
I) 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 Labor (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 labor 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
Page - 81 -
 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, Traveling 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.

Page - 82 -
 SECTION 3
Conditions of Contract
Part — II Special Conditions of Contract [SCC]

Page - 83 -
 SECTION 4
BILL OF QUANTITIES (BOQ)

General Description of work :- लाला लाजपतराय वार्ड अन्तर्डत ववभिन्न स्थलो पर

नाला,नाली एवं पभु लया ननर्ाडण कायड (अध्यक्ष अनष
ु स
ं ा)

(Rs. In Figure).... : 14.60 Lakh

(Rs. In Words) : INR Fourteen Lakh Sixty Thousand Only

Page - 84 -
 SECTION 5
AGREEMENT FORM

AGREEMENT
This agreement, made on 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 WITNESSED as follows:
1. In this Agreement, words and expression shall have the same meaning 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 Special -
iv. Contract Data
v. - Bid Data
vi. Drawings
vii. Bill of Quantities 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 ___________________________________

Page - 85 -
Page - 86 -
Page - 87 -
Page - 88 -
Page - 89 -
Page - 90 -
Page - 91 -
Signature Not Verified
Digitally signed by SHAILENDRA KUMAR
MISHRA Page - 92 -
Date: 2025.01.06 22:50:17 IST
Location: Madhya Pradesh-MP