Office of The Municipal Corporation Bhopal: Appendix 2.10

OFFICE OF THE MUNICIPAL CORPORATION
BHOPAL
APPENDIX 2.10
TENDER DOCUMENT
NIT Number : 267/ES/BMC/2019
Date : 12.10.2019
Agreement Number and Date :
Name of Work : RENOVATION OF GOVT.SCHOOL AT RAM
NAGAR COLONY WARD-10 ZONE-02
Name Of The Contractor :
Probable Amount of Contract : 1004083/-
Contract Amount :
EMD DEPOSIT 20082/-
Cost of Tender Document : 2000/-

Stipulated Period of : 60 Days
Completion
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Table of Contents
Section No. Particulars Page
Section 1 NIT 3 to 7
Instructions to Bidder (ITS) 8 to 10

Section 2
Bid Data Sheet 18 to 36
(i) General Conditions of Contract

37 to 49
(GCC)
Section 3 Contract Data 52 to 64
(ii) Special Conditions of Contract

72
(SCC)
Section 4 Bill of Quantities (BoQ) 73
Section 5 Agreement Form 74
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OFFICE OF THE MUNICIPAL CORPORATION, BHOPAL
Engineering Department
Notice Inviting e -Tenders
Near Tatpar Petrol Pump, Sector A, Berkheda, Bhopal, Madhya Pradesh 462023
NIT Number : 267/ES/BMC/2019 Date 12.10.2019
Online percentage rate bids for the following works are invited from registered contractors
and firms of repute fulfilling registration criteria:
Tender ID Probable Earnest

S. Cost of Bid Period of
Name of Work Amount of Money
No. Document Completion
Contract Deposit
2019_UAD_ RENOVATION OF GOVT.SCHOOL AT
1 56892_ 1 RAM NAGAR COLONY WARD -10 ZONE - 1004083/- 20082/- 2000/- 60 Days/-
02 (2019203424)
1. Interested bidders can view the NIT on website https://www.mptenders.gov.in

2. The Bid Document can be purchased only online from 16:30 PM (time) 12.10.2019 (date) to 17:30
PM (time) 22.10.2019 (date).
3. Amendments to NIT, if any, would be published on website https://www.mptenders.gov.in only, and
not in newspaper.
EXECUTIVE ENGINEER
MUNICIPAL CORPORATION BHOPAL
District BHOPAL
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OFFICE OF THE MUNICIPAL CORPORATION, BHOPAL
Engineering Department
NIT Number: 267/ES/BMC/2019 Dated : 12.10.2019

Online percentage rate bids for the following works are invited from registered
contractors and firms of repute fulfilling registration criteria;
Earnest
Probable
Money Cost of Bid Period of
S. No. Name of Work Amount of
Deposit Document Completion
Contract
(EMD) (In Rs) (in Months)
(Rs. in lakh)
(In Rs)
RENOVATION OF GOVT.SCHOOL
1 AT RAM NAGAR COLONY WARD - 1004083/- 20082/- 2000/- 60 Days/-
10 ZONE-02
1. All details relating to the Bid Document(s) can be viewed and downloaded free of cost on
the website https://www.mptenders.gov.in
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 checklist; and
iv. Submit an affidavit. Details can be Details can be seen inthe Bid Data Sheet
4. ELIGIBILITY For BIDDERS:

(a) At the time of submission of the Bid the bidder should have valid registration with
the Government of Madhya Pradesh, PWD in appropriate class. However, such bidders
who are not registered with the Government of Madhya Pradesh and are eligible for
registration can also submit their bids after having applied for registration with appropriate
authority.
(b) The bidder would be required to have valid registration at the time of signing of the
Contract.
(c) Failure to sign the contract by the selected bidder, for whatsoever reason, shall result
in forfeiture of the earnest money deposit.
5. Pre-qualification - Prequalification conditions, wherever applicable, are given in the Bid Data
Sheet.
6. Special Eligibility - Special Eligibility Conditions, if any, are given in the Bid Data Sheet.
7. The Bid Document can be purchased only online from 16:30 PM (time) 22.10.2019 (date) to
17:30 PM (time) 22.10.2019 (date)
8. Other key dates may be seen in bid data sheet.
9. Amendments to NIT, if any, would be published on website only, and not in newspaper.
10. The bidder should have o wn plant &machinery for asphalting work and having ownership
papers for plant and machinery.
11. Defect liabilities period Valid for various work are as under : -
a) For Asphalting work - 3 Years after completion of work .
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b) For Cement Concrete roads - 3 Years after completion of work.
c) For Building works - 2 rainy season after completion of work.
d) For patch Repair work - 1 Year
12. It will be mandatory to submit the BG/FDR / DD within 03 days of the date of acceptance of
the tender .
13. The demand for payment of outstanding amount of tenderers will not be acceptance.
Note: Following conditions will over -rule the conditions stated in the tender documents,
wherever relevant and applicable.
E-Tendering:
 For participation in e -tendering module, it is mandatory for prospective bidders to get
registration on website www.mpepro c.gov.in. Therefore, it is advised to all prospective
bidders to get registration by making on line registration fees payment at the earliest.
 Tender documents can be downloaded from website www.mpeproc.gov.in. However, the
tender document of those bidder shall be acceptable who have made online payment for
the tender documents fee of Rs 2000 /- plus service & gateway charges, without which bids
will not be accepted.
 Service and gateway charges shall be borne by the bidders.
 Since the bidders are requir ed to sign their bids online using class -III Digital Signature
Certificates, they are advised to obtain the same at the earliest.
 For further information regarding issue of Digital Signature Certificate, the bidders are
requested to visit website www.mpeproc.gov.in . Please note that it may take up to 7 to 10
working days for issue of Digital Signature Certificate. Client will not be responsible for delay
in issue of Digital Signature Certificate.
 If bidder is bidding first time for e tendering, then it is obligatory on the part of bidder to
fulfill all formalities such as registration, obtaining Digital Signature Certificate etc. well in
advance.
 Bidders are request ed to visit our e -tendering website regularly for any clarifications and/or
due date extension or corrigendum.
 Bidder must positively complete online e -tendering procedure at www.mpeproc.gov.in .
 Client shall not be responsible in any way for delay/difficulties/ inaccessibility of the
downloading facility from the website for any reason whatsoever.
 For any type of clarifications bidders/contractors can visit www.mpeproc.gov.in and held
desk contract No. 18002748484 and 18002745454 .
 Interested bidders may attend the free training programmed in Bhopal at their own cost.
For further query plea se contact help desk.
 The bidder who so ever is submitting the tender by his Digital Signature Certificate shall
invariably upload the scanned copy of the authority letter as well as submit the copy of the
same in physical form with the offer of this tender.
Apart from that, bidder has to submit separate envelopes of

1. EMD of Rs 20082 /- be paid online details for online payment procedure
and account details may be seen on www.mpeproc.gov.in
2. Technical Bid in Envelop -B with all relevant enclosures
Envelop -A & Envelop -B are to be kept in one sealed envelope in physical form (as well as
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All the 3 Envelops must be submitted Online (The third envelope i.e. Envelope -C refers to
financial proposal which has to be submitted online only). The envelopes submitted in
Physical Form should be properly super scribed that this envelope contains 2 envelops of
EMD and Technical bid against respective tender with due dat e & time of tender opening as
per NIT. This envelope should be submitted physically as mentioned in Key Dates.
Tenders received within specified time (e -tender as well as physical submission ) shall only
be opened on the date specified in presence of the b idders or their authorized
representatives, whosoever may be present.
The prospective bidders will upload scanned self -certified copies of requisite documents as
required in e -tendering process.
The tender documents in physical form shall be accepted 00/00/2000 18:30 Hrs . The same
may be dropped in this office.
1. Those physically submitted documents will be acceptable and considered, if, same are
uploaded on the website along with tender offer. Cognizance of other physically submitted
documents (if any) shall not be taken.
2. The physically submitted envelope of docu ments will be opened first. The tenders received
without pre -requisite EMD shall be returned unopened to the respective bidder. The tender
documents fees shall not be refunded.
Earnest Money Deposit and the tender fee: -

 The Tender fee of Rs 2000 /- is to be submitted by bidder by making Online Payment only
against Tender.
 The of .EMD of Rs 20082 / - be submitted by bidder only online the form of FDR/DD drawn
in favor of Commissioner Municipal Corporation , Bhopal . The FDR/DD of EMD shall be
physically submitted in a sealed envelope super scribing “FDR/DD of EMD”. The Proof of
EMD must be submitted in Envelop -A.
 No Proposal will be accepted without valid earnest money deposit and Tender Document
fee paid Online.
 The prospective bidders/contr actors, submitting EMD envelope in physical form as detailed
above for respective tender , will upload scanned self -certified copies of requisite proof of
EMD on the website along with tender offer. Only those physically submitted document
regarding EMD wil l be acceptable and considered, if, same are uploaded in the website
along with tender offer.
 Any mismatch, if found in the documents submitted in physical form and that uploaded
online, the documents ONLINE shall be considered final and no justification regarding this
shall be entertained by Client.
Technical bid: - Bidders must positively complete online e -tendering procedure at
www.mpeproc.gov.in . They shall have to submit the documents as prescribed in the RFP
online in the website.
 Hard copies of above technical offer, (uploaded in the website) must be submitted in a
separate sealed envelope supers scribing “Envelop -B technical bid for Tender
No:_ ............... __” . Only those physically submitted documents regarding technical bids will
be acceptable and considered, if, same are uploaded in the website along with the Financial
Bid.
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 In case of any doubt during the tender process or after
ng ofopeni
the tenders, bidders may
be asked to show original documents to verify the scanned documents uploaded online.
Price bid:- Bidder shall have to submit the Price bid document as per the format given in
RFP and uploaded as per instructions therein. Physical submission of price bid will not be
considered. The price of technically qualified bidder shall be opened
ne at the
onlinotified
date. The bidder can view the price bid opening date by logging-site.
into web
 On the due date of -tender
e opening, the technical bid of bidders and EMD, will be opened
online. Client reserves the right for extension of due date of opening of technical bid.
 Client reserves the right to accept or reject any or all tenders without
igning any
ass reason
what so ever.
 In case, due date for submission & opening of tender happens to be a holiday, the due date
shall be shifted to the next working day for which no prior intimation will be given.
 Any change/modifications/alteration in nder the te
documents by the Bidder shall not be
allowed and such tender shall be liable for rejection.
For amendment, if any, pleasehttps://www.mpeproc.gov.in
visit web site regularly. In case
of any bid amendment and arification,
cl the responsibility lies with the bidders to note the
same from web site. Client shall have no responsibility for any delay/omission on part of the
bidder.
.
EXECUTIVE ENGINEER
MUNICIPAL
CORPORATION BHOPAL
District BHOPAL
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SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)
A. GENERAL
1. Scope of Bid
The detailed description of work,hereinafter referred as 'work', is given in the 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/ 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
4.1 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.
4.2 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.
6. Site Visit and examination of works
The bidder is advised to visit and inspect the Site of Works and its surroundings and obtain for
itself on its own responsibility all information that may be necessary for preparing the bid and
entering into a contract for construction of the work. All costs in this respect shall have to be
borne by the bidder.
B. Bid Documents
7. Content of Bid Documents
The Bid Document comprises of the following documents:
1. NIT with all amendments.
2. Instructions to Bidders
3. Conditions of Contract:
i) Part 1 General Conditions of Contract and the Contract Date; and
ii) Part I! Special Conditions of Contract.
4. Specifications
5. Drawings
6. Priced Bill of Quantities
7. Technical and Financial Bid
8. Letter of Acceptance
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9. Agreement, and
10. Any other document(s), as specified.
8. The bidder is expected to examine carefully all instructions, conditions of contract, the con Intel
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 meetin g 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. Pursuant to the pre -bid meeting if the Employer deems it
necessary to amend the Bid Document , it shall be done by issuing amendment to the
online NIT.
10 . Amendment of Bid Documents
10.1 Before the deadline for submission of bids, the Employer may amend or modify the
Bid Documents by publication of the same on the website only.
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 only .
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 ail 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 sa me by the Digital Signature of their
Authorized representative.
12. Documents Comprising the Bid
The bid submitted. Online by the bidder shall be in the following parts:
Part 1 – This shall be known as Online Envelope A and would apply for all bids. Online
Envelop A shall contain the following as per details given in the Bid Data Sheet:
i. Registration number or proof of application for registration and organizational details in
format given in the Bid Data Sheet.
ii. Payment of the cost of Bid Document;
iii. Proof of Earnest Money; and
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iv. An affidavit duly notarized.
Part 2 - This shall be known as Online Envelope B and required to be submitted only in
works where pre -qualification conditions and/or special eligibility conditions are
stipulated in the Bid Data Sheet, Online Envelop “B ” shall contain a self -certified sh eet
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 t he 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 gov ern.
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 are found false/ fake/ untrue before
acceptance of bid. If it is found after accep tance 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 overall percent age, 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, taxes, royalties and other
levie s; 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.
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17. Earnest Money Deposit (EMD)
17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the
amount specified in the Bid Data Sheet.
17.2 The EMD shall be deposited only online in the form of Fixed Deposit Receipt of a
scheduled commercial bank, issued in favor of the name given in the Bid Data Sheet.
The Fixed Deposit Receipt shall be valid for six months or more afte r the last date of
receipt of bids.
However, other form(s) of EMD may be allowed by the Employer by mentioning it in the
Bid Data Sheet.
17.3 Bid not accompanied by EMD shall be liable for rejection as non -responsive.
17.4 EMD of bidders whose bids are not accepted will be returned within ten working
days of the decision on the bid.
17.5 EMD of the successful Bidder will be discharged when the Bidder has signed the
Agreement after furnishing the required Performance Security.
17.6 Failure to sign the contract by the selected bidder, within the specified period, for
whatsoever reason, shall result in forfeiture of the earnest money deposit.
D. Submission of Bid
18. The bidder is required to submit online bid duly signed digitally, and E nvelop 'A' in physical form
also at the place prescribed in the Bid Data Sheet.
E. Opening and Evaluation of Bid

19. Procedure
19.1 Envelope 'A' shall be opened first and its contents shall be checked. In cases where
Envelop 'A' does not contain all requisite documents, such bid shall be treated as
non -responsive, and Envelop B and/or C of such bid shall not be opened.
19.2 Wherever Envelop 'B' (Technical Bid) is required to be submitted, the same shall be
opened online at the time and date notified in the Bid Data Sheet. The bidder shall
have freedom to witness opening of the Envelop 'B'. Envelop 'C' (Financial Bid) of
bidders who are not qualifie d in Technical Bid (Envelop 'B' ) shall not be opened.
19.3 Envelope 'C' (Financial Bid) shall be opened online at the time and date notified. The
bidder shall have freedom to witness opening of the Envelop 'C'.
19.4 After opening Envelop 'C' all responsive bids shall be compared to determine the
lowest evaluated bid.
19.5 The Employer reserves the right to accept or reject any bid, and to annul the bidding
process and reject all the bids at any time prior to contract award, without incurring any
liability, in all such cases reasons shall be recorded.
19.6 The Employer reserves th e right of accepting the bid for the whole work or for a
distinct part of it.
20. Confidentiality
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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.
22. Performance Security
22.1 Prior to signing of the Contract the bidder to whom LOA has been issued shall have to
furnish performance security of the amount in the form and for the duration, etc. as
specified in the Bid Data Sheet,
22. 2 Additional performance security, if applicable, is m entioned in the Bid Data Sheet.
23. Signing of Contract Agreement
23.1 The successful bidder shall have to furnish Performance security and sign the
contract agreement within 15 days of issue of LOA.
23.2 The signing of contract agreement shall be reckoned as intimation to commencement of
work. No separate work order shall be issued by the Employer to the contractor for
commencement of work.
23.3 In the event of failure of the successful bidder to submit Performance Security /
Additional performance security or sign the Contract Agreement, his EMD shall, stand
forfeited without prejudice to the right of the employer for taking any other action against
the bidder.
24. CORRUPT PRACTICES
The Employer requires that bidders observe the highest standard of ethics during the
procurement and execution of contracts. In pursuance of this policy, the Employer:
i. may reject the bid for award if it determines that the bidder recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for the Contract; and
ii. may debar the bidder declaring ineligible, either indefinitely or for a stated period of
time, to participate in bids, if it at any time determines that the bidder has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for, or in executing, a contract.
For the purposes of this provision, the terms set forth above are defi ned 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;
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b. "fraudulent practice" means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or
other benefit or to avoid an obligation;
c. "coercive practice" means impairin g or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions of
a party;
d. "collusive practice" means an arrangement between two or more parties designed to
achieve an i mproper purpose, including influencing improperly the actions of another party.
[End of I TB]
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Bid Data Sheet
General
Particulars Data
Office of the MUNICIPAL CORPORATION BHOPAL

NIT No 267/ES/BMC/2019
Date of NIT 12.10.2019
Bid document download available from
12.10.2019 16:30 PM To 22.10.2019 17:30 PM
date & time
Website link https://www.mptenders.gov.in
For Section 1-NIT
Clause
Particulars Data
reference
7 Key dates Annexure A
2 Portal fees As Applicable
3 Cost of bid document Rs.2000/-
Affidavit format Annexure “B”
5 Pre-qualifications required NO
If Yes, details Annexure C
6 Special Eligibility NO
if Yes, details Annexure “…..”
For Section 2 - ITB
1 Name of work : RENOVATIO N OF GOVT.SCHOOL AT RAM NAGAR COLONY WARD -

10 ZONE -02
2 Specifications Annexure – E
3 Procedure for participation in e -tendering Annexure – F
4 Whether J.V. is allowed No
if J.V. is allowed, requirement for Joint -
Venture
9 Pre bid meeting to be held NO
If Yes, -
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Envelope -A containing :
Registration number or proof of application
for registration and organizational details
Cost of Bid Document
12 Scanned copy of proof of EMD Annexure – H
An affidavit duly notarized should reach
in physical form (Scanned copy to be
submitted online)
18 Envelope -B Technical Proposal Annexure 1 (1 -1 to 1 -5)
Envelope -C Financial Bid Annexure J
Materials to be issued by the department Annexure K
180 Days from the date of bid opening
18 Period of Validity of Bid
18 Earnest Money Deposit Rs 20082 /-

i. Amount of Earnest Money to be
deposited Online /RTGS/NEFT in favor
Forms of Earnest Money Deposit
of Commissioner Municipal
Corporation, Bhopal
not less than 180 days from the date of
EMD valid for a period of
opening of Financial Bid
21 Letter of Acceptance (LoA) Annexure L
22 Amount of Performance Security 5 % of the Bid amount
Additional Performance Security, if any As per GoMP UADD circulars
Performance security in the format Annexure M
Performance security may be
submitted in either of the following
ways:
In the form of Bank Guarantee (Format
given in annexure M) before signing the
Performance security Tool agreement
(to be decided by the mutual consent of OR
Successful bidder and the employer)
5% against the Performance
Security shall be deducted from the
running bills. This will be in addition to
the security deposit of 5% to be
deducted in each running bill.
Commissioner,
Performance security in favor of
Municipal Corporation, Bhopal
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Annexure – A
KEY DATES
Publish Date 12.10.2019 16:30 PM Bid Opening Date 25 .10 .2019 11:00 AM
Document Download / 12.10.2019 16:30 PM Document Download / 22.10.2019 17:30 PM

Sale Start Date Sale End Date
Clarification Start Date NA Clarification End Date NA
Bid Submission Start 12.10.2019 16:30 PM Bid Submission End 22.10.2019 17:30 PM
Date Date
Note: Original term deposit receipt of earnest money deposit and affidavit shall be
submitted by the bidder so as to reach the office as prescribed in NIT for e -Tenders by
“Physical Submission End Date” mentioned above.
Original Affidavit shall have to be submitted by the bidder before agreement.
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Annexure -B
(See clause 3 of Section 1 -NIT}
|| AFFIDAVIT I)
(On Non Judicial Stomp of Rs. 100 or as per Govt of MP Norms )
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 1 support of the following information in bid documents which are
being submitted in response to notice inviting e -tender No. for (name of work)
dated issued by the (name of the department).
I/we am/ are fully responsible for the correctness of following self -certified
information/ documents and certificates:
1. That the self -certified information given in the bid document is fully true and
authentic.
2. That:
a. Term deposit receipt deposited as earnest money, demand draft for cost of bid
document and other relevant documents provided by the Bank are authentic.
b. Information regarding financial qualification and annual turnover is correct.
c. Information regarding various technical qualifications is correct.
3. No close relative of the undersigned and our firm/company is working in the
department.
OR
Following close relatives are working in the department:
Name ___________ _____ Post __. __ _ Present Posting
Signature with Seal of the Deponent (bidder)
I/ We, _________________________ above deponent do hereby certify that the facts
mentioned in above paras 1 to 4 are correct to the best of my knowledge and belief.
Verified today ___________________ (dated) at (place).
Signature with Sea l of the Deponent (bidder)
Note: Affidavit duly notarized in original shall reach at least one calendar day
before opening of the bid. be submitted (original copy) before agreement.
Annexure - C
(See douse 5 of Section 1 -NIT]
PRE-QUALIFICATIONS CRITERIA
The bidder should have: Not applicable
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
17 | Page
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 less 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 th e 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 Yes/ No
2 Earthwork
3 Concrete work
(The Employer shall specify all physical qualifications required).

Note: Above criteria are indicative, subject to suitable stipulations by the departments and
specific Bid.
18 | Page
Annexure -D
(See clause 6 of Section 1 -NIT)
SPECIAL ELIGIBILITY CRITERIA
The bidder should have experience of:
A.
B. Not applicable
C,
Note: Above criteria are indicative, subject to suitable stipulations by the departments and
specific bid.
19 | Page
ANNEXURE - E
{See clause 2 of Section 2 -ITB & Clause 10 of GCC)
Specifications
1. MP Urban Administration and Development Department Specifications, (The soft copy of
above specifications is available at departmental website http://www.mpurban.gov.in/ )
2. MORTH Department specifications, 3. IRC Specifications, 4. CPHEEO Manual / PHE
Specifications
The provisions of general/ special conditions of contract, those specified
elsewhere in the bid document, as we ll as execution drawing and notes, or other
specifications issued in writhing by the employer shall form part of the technical
specifications of this work.
20 | Page
Annexure - F
(See douse 3 of Section 2 - ITB)
Procedure for participation in e -tendering
1. Registration of bidders on e -tendering System:
All the bidders are required to register themselves on the e -tendering System on the
website http:// __________________________ and for more details may contact M/s.
2. Digital Certificate:
The bids submitted online should be si gned electronically with a Class III Digital
Certificate to establish the identity of the bidder submitting the bid online. The
bidders may obtain Class III Digital Certificate issued by an approved Certifying
Authority authorized by the Controller of Cert ifying Authorities, Government of
India. A Class III Digital Certificate is issued upon receipt of mandatory identity proofs
along with an application. Only upon the receipt of the required documents, a Digital
Certificate can be issued.
Note:
/. It may take up to 7 working days for issuance of Class III Digital Certificate; hence the
bidders are advised to obtain the certificate at the earliest. Those bidders who already
have valid Class III Digital Certificate need not to obtain another Digita l Certificate for the
same.
The bidders may obtain more information and the Application Form required to
be submitted for the issuance of Digital Certificate from
M/s __________________________________ .
//. Bids can be submitted during the ONLINE BID SUBMISSION stage only using the Digital
Certificate that is used to encrypt the data and sign the hash during the ONLINE BID
PREPARATION AND HASH SUBMISSION stage. In case, during the process of a particular bid,
the bidder loses his Digital Certificate because of any problem (such as misplacem ent
virus attack, hardware problem, operating system problem, etc.); he may not be able to
submit his bid online. Hence, the bidders are advised to keep their Digital Certificate in a
safe place under proper security to be used whenever required,
The digit al certificate issued to the Authorized User of a Partnership firm / Private
Limited Company / Public Limited Company and used for online biding will be
considered as equivalent to a no -objection certificate / power of attorney to that
user.
In case of Partnership firm, majority of the partners have to authorize a specific
individual through Authority Letter signed by majority of the partners of the firm.
In case of Private. Limited Company, Public Limited Company, the Managing Director has
to authorize a specific individual through Authority Letter. Unless the certificate is
revoked, it will be assumed to represent adequate authority of the specific individual
to bid on behalf of the organization for online bids as per Information Technology Act
21 | Page
2000 . Th is 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 http:// -------------------------------- .............. —
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 ail the stages of each
bid are locked before the start time and date and after the end time and d ate for the
relevant stage of the bid as set by the Department.
5. PREPARATION AND SUBMISSION OF BIDS, BID SEALS (HASHES)
The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms and
submit Bid Seals (Hashes) of all the envelo pes 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 Data Sheet]. Cost of bid document is separately mentioned in the
Detailed NIT. The Bid Document shall be available for purchase to concerned eligible
bidders immediately after online release of the bids and up to scheduled time and date as
set in the key dates.
The payment for the cost of bid document shall be made by demand draft of any
nationalized/ scheduled commercial bank payable at [as per Bid Data Sheet in .
favor of [as per Bid Data Sheet].
9.1 Generation of Super - Hash
After the time of submission of Bid Seal (Hash) by the bidders has lapsed, the bid round will
be closed and the Employer shall generate a Bid Super -Hash which shall be digitally signed
by the Employer,
9.2 De-crypt ion and Re -encryption of Bid Data
Bidders have to decrypt the Bid Data with their Digital Certificate and re -encrypt the
Bid Data and also upload the relevant documents using Online Briefcase feature for
which they had generated the Bid Seals (Hashes) during the Bid Preparation and
Hash Submission stage within the specified time as stated in the Key Dates.
The encrypted data of only those bidders, who have submitted their Bid Seals
(Hashes) within the stipulate d time as per the Key Dates, will be accepted by the
system. A Bidder who has not submitted Bid Seals (Hashes) within the stipulated
time will not be allowed to decrypt and re -encrypt his Bid Data or upload the
.relevant documents.
The Bidder shall submit the following in three separate envelopes online:
a. Cost of Bid Document, Earnest Money Deposit
22 | Page
and Affidavit Envelope 'A'
b. Technical Proposal Envelope's'
c. Financial Bid Envelope 'C
Note: Bidders are required to submit the Original Term Deposit Receipt of Earnest Money
Deposit, Demand Draft being the cost of Bid Document and Affidavit in Envelope - 'A'
physically. The envelope should be sealed and shall bear the name of work, address of the
Employer and name and address of the bidder. The envelope should reach at the
Employer's address at least one calendar day before the start time and date fixed for
opening of technical proposal as mentioned in the Key Dates, Scanned co pies of the some
are to be uploaded online. In the Technical Proposal the bidders are required to submit
the documents described therein. The Financial Bids are also to be submitted online only
and shall not be considered by any other mode.
WITHDRAWAL, SUB STITUTION AND MODIFICATION OF BIDS
Bidder cannot withdraw, substitute or modify the bid after generating the Bid Seal
(Hash) by the Bidder. However, if a bidder does not want to submit the bid after generating
the Bid Seal (Hash), it can b e done by not re -encrypting the bid.
23 | Page
Annexure -G
(See clause 4 of Section 2 -ITB)
JOINT VENTURE (J.V.) Not applicable
If J.V. is allowed following conditions and requirements must be fulfilled -
1. Bids submitted by a joint venture of two or more firms as partners shall comply with the
following requirements:
a. one of the partners shall be nominated as being Lead Partner, and this authorization
shall be evidenced by submitting a power of attorney s igned 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 rece ive 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] above, as well as in the bid
and in the Agreement [in case of a successful bid];
e. The joint venture agreement should indicate precisely the role of all members of JV in
respect of planning, design, construction equipment, key personnel, work execution, and
financing of the p roject. 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 a s 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 signatory[ies] of the bid authorizing signature of
the bid on behalf of the joint venture
5. Attach the agreement among all partners of the joint venture [and which is legally
binding on all partners], which shows the requirements as indicated in the Instructions to
Bidders'.
6. Furnish details of participation proposed in the joint venture as below;
DETAILS OF PARTICIPATION IN THE JOINT VENTURE

PARTICIPATION DETAILS FIRM 'A' (Lead FIRM 'B' FIRM 'C
Financial
Name of the Banker(s)
Planning
Construction Equipment
Key Personnel
Execution of Work (Give
details on contribution of
each)
24 | Page
Format: H
{See clause 12 of Section 2 -ITB & clause 4 of GCC]
ORGANIZATIONAL DETAILS
(To be enclosed with technical proposal)
S. No. Particulars Details
1. Registration number issued by
Centralized Registration System of
Govt. of M.P. or Proof of
2. Valid Registration of bidder in Registration No. Date
appropriate class through (Scanned copy of Registration to be
Centralized Registration of Govt. of uploaded)
3. Name of Organization/ Individual
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 i1
9. E-mail Address for all communications 1
Details of Authorized Representative -
10. Name
11. Designation !
12. Postal Address
18. Telephone Number with STD Code
18. Fax-Number with STD Code
15. Mobile Number
18. E-mail Address
Note: In c ase 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:
25 | Page
Annexure - I
(See clause 18 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 Format: 1 -1
2 Annual Turnover Format: 1-2
3 List of technical personnel for the key Format: 1 -3
positions
4 List - of Key equipments/ machines for quality Format: 1-4
control labs
5 List of Key equipments/ machines for Format: 1 -5
construction work
Note:
1, Technical Proposal should be uploaded duly page numbered and indexed.
2. Technical Proposal uploaded otherwise will not be considered.
26 | Page
Format: 1-1
(See douse 18 of Section 2-188}
FINANCIAL & PHYSICAL EXPERIENCE DETAILS
Not applicable
A. Financial Requirement:
The bidder should have completed either of the below:
a) three similar works such 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;
To be filled in by the contractor:
/. 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 & Year Work Work Completion i Contract Name and
Order Address
listing commitments - (Value of 'C' for Bid Capacity formula)

Agreement Name of Date of Date of Amount of Amount of Employer's
Number & Work Work Completion Contract balance work Name and
Year Order Address
Physical Requirement:
Execution of similar items of work in any one financial year during the last 3 financial years
should not be less than the minimum physical requirement fixed for the work.
B.
S No Particulars Actual Quantity Executed (To be filled in
by the contractor)
Year -1 Year - 2 Year -3
1 Physical qualification required Yes/ No
2 Earthwork
3 Concrete work
27 | Page
Note: 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 mason ry, stone masonry etc
28 | Page
Format: I -2
(See clause 18 of Section 2 -!TB)
ANNUAL TURN OVER
Not applicable
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 pro

2014-15
2015-16
2016-17
2017-18
2018-19
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 = (1.5 A X B)- C Where
A = Maximum value of civil engineering works executed in any one year d uring 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.
29 | Page
Format: / -3
(See clause 18 of Section 2 -ITB & Clause 6 of GCC}
List Of Technical Personnel For The Key Positions Not applicable
Requirement of Technical Personnel’s (or Key Technical Personnel’s tor Key Positions Available with
Positions bidder
S. Key Minimum Age Similar Total S. Name of Key Qualification Age Similar Total
NO Position Qualification work Work NO Personnel Position work Work
requirement experience Experience experience Experience
on
30 | Page
Format: I -4
(See clause 18 of Section 2 -ITS)
List Of Key Equipments/ Machines For Quality Control Labs
Minimum requirement Available with the bidder

S. No. Name of Equipment/ Quantity Name of Equipment/ Quantity
Machinery Machinery
31 | Page
Format: I -5
(See douse 3d of Section 2 -ITB)
List Of Key Equipments/ Machines For Construction Work
Minimum requirement Available with the bidder

S. No, Name of Equipment/ Quantity Name of Equipment/ Quantity
Machinery Machinery
………. …
…..
..
..
..
32 | Page
Annexure-J
(See clause 18 of Section 2 -ITB)
FINANCIAL BID
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 conditio ns 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 termsand
provisions of the said conditions of contract annexed hereto so far as applicable, or indefault
thereof to forfeit and pay to the Governor of Madhya Pradesh or his successors in office the
sums of money mentioned in the said conditions.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 quote d 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.
in. 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 Governor of Madhya
Pradesh dated the _______ day of _______ 20
Signature of Officer by whom accepted
33 | Page
Annexure - K
(See clause 15 of Section 2 -ITB]
MATERIALS TO BE ISSUED BY THE DEPARTMENT
S no Name of material Rate (Issue rate) Unit Remarks
34 | Page
Annexure - L
(See clause 21 of Section 2 -ITS)
OFFICE OF THE MUNICIPAL CORPORATION, BHOPAL (M.P.)

LETTER OF ACCEPTANCE (LOA)
"N o._________________ , 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 Governor of
Madhya Pradesh at your bided percentage below/ above or at par the Bill of
Quantities and item wise rates given therein.
You are requested to submit within 15 (Fifteen) days from the date of issue of this
letter:
a. the performance security/ performance guarantee of Rs. _______ (in figures)
(Rupees ____________________________________________________ in words only).
The performance security shall, be in the shape of term deposit receipt/ bank
guarantee of any nationalized / schedule commercial bank valid up to three months
after the expiry of defects liability period.
b. Sign the contract agreement.
Please note that the time allowed for carrying out the work as entered in the bid is
_________ months including/ excluding rainy season, shall be reckoned from the date of
signing the contract agreement.
Signing the contract agreement shall be reckoned as intimation to commencement of
work and no separate letter for commencement of work is required. Therefore, after signing
of the agreement, you are directed to contact the Engineer -in -charge for taking the
possession of site and necessary instructions to start the work.
Yours Faithfully
EXECUTIVE ENGINEER
MUNICIPAL CORPORATIO N BHOPAL
District BHOPAL
35 | Page
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, any sum or sums within
the limits of
_____________ __Amount of guarantee] as aforesaid without your needing to prove
or
to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of
the terms of the Contract of the Works to be performed 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 and Seal of the guarantor ________________________________ __

Name of Bank _______________________________
Address ________________________________ _________________________
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.
36 | Page
SECTIONS - 3
Conditions of Contract
Part -1 General Conditions of Contract
/
Table of Clauses
S no Particulars S no Particulars
A. General 22 Payments for Variations
1 Definitions 23 No compensation for alterations in or
restriction of work to be carried out.
2 Interpretations and Documents 24 Recovery from Contractors
3 Language and Law 25 Tax
4 Communications 26 Check Measurements
5 Subcontracting 27 Termination
6 Personnel 28 Payment upon Termination
7 Force Majeure 29 Performance Security
8 Contractor's Risks 30 Security Deposit
9 Liability For Accidents To Person 31 Price Adjustment
10 Contractor to Construct the 32 Advance Payment
11 Discoveries 33 Secured Advance
12 Dispute Resolution System E. Finishing the Contract
18 Arbitration 34 Final Account
B. Time Control F. Other Conditions of Contract
18 Programme 35 Payments Certificate
15 Extension of Time 36 Currencies
18 Compensation for Delay 37 Securities
18 Extra Items 38 Labor
18 Contractor's percentage, whether 39 Compliance with Labor Regulations
applied to net or gross amount of
bills.
C. Quality Control 40 Drawings and Photographs of the
Works
19 Tests 41 Training Of Government Personnel
20 Correction of Defects noticed 42 Technical Examination
during the Defect Liability Period
D. Cost Control 43 Death or Permanent invalidity of
Contractor
21 Variations - Change in original 44 Jurisdiction
Specifications, Designs, Drawings
etc.
37 | Page
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 Municipal Corporation Bhopal .
18. Completion: means completion of the work as certified by the Engineer -in -Charge, in
accordance with provisions of agreement.
1.4. Contract: means the Contract between the Employer and the Contractor to .execute,
complete and/or maintain the work. Agreement is synonym of Contract and carries the
same meaning wherever used .
1.5. Contract Data: means the documents and other information which comprise of the
Contract.
1.6. Contractor; means a person or legal entity whose bid to carry out the work has been
accepted by the Employer.
1.7. Contractor's bid: means the completed bid document submitted by the Contractor to the
Employer.
1.8. Contract amount: means the amount of contract worked out on the basis of
accepted bid.
1.9. Completion of work: means completion of the entire contracted work. Exhaustion of
quantity of any particular item mentioned in the bid document shall not imply
completion of work or any component thereof.
1.10. Day: means the calendar day.
1.11. Defect: means any part of the work not completed in accordance with the specifications
included in the contract.
1.12. Department: means Department of the State Government viz. Water Resources
Department, Public Works Department, Public Health Engineering Department, Rural
Engineering Service and any other 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
for execution of work.
1.18. Government: means Government of Madhya Pradesh.
1.19. In Writing: means communicated in written form and delivered against receipt.
1.20. Material: means all supplies, including consumables, used by the Contractor for
incorporation in the work.
1.21 Superintending Engineer: means Superintending Engineer -in -Charge of the Circle
concerned.
38 | Page
1.22. Stipulated date of completion: means the date on which the Contractor is required to
complet e the work. The stipulated date 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, Tenderer /Bidder: are the synonyms and carry the same meaning where ever
used.
1. 28. Variation: m eans 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 constructi on, be
construed and taken to mean the work by virtue of contract, contracted to be executed,
whether temporary or permanent and whether original, altered, substituted or
additional.
2. INTERPRETATIONS AND DOCUMENTS
2.1 Interpretations
In the contract, except where the context requires otherwise:
a. words indicating one gender include all genders;
b. words indicating the singular also include the plural and vice versa.
c. provisions including the word "agree", "agreed" or "agreement" require the
agreement to be recorded in writing;
d. written" or "in writing" means hand -written, type -written, printed or
electronically made, and resulting in a permanent record;
2.2 Documents Forming Part of Contract:
1. NIT with all amendments.
2. Instructions to Bidders
3. Conditions of Contract:
i. Part I General Conditions of Contract and the Contract Data; and ii. Part II. 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.
3. Language and Law
The language of the Contract and the law governing the Contract are stated in the
Contract Data.
4. Communications
39 | Page
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/E ngineer 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 confir mation
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 sha ll be immediately notified to
Engineer -in -Charge.
5. Subcontracting
Subcontracting shall be permitted for contracts of value more than amount specified in the
Contract Data with following conditions.
a. The Contractor may subcontract up to 25 percent of the contract price with the
approval of the Employer in writing, but will not assign the Contract.
Subcontracting shall not alter the Contractor's obligations.
b. Following shall not form part of subcontracting:
i. Hiring of 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 contract ors of the GoMP.
6. Personnel
6.1 The Contractor shall employ for the construction work and routine maintenance the
technical personnel as provided in the Annexure 1 -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.
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), invasi on, 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 t han the Contractor's Personnel, (iv) munitions
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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 obliga tion 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.
73 For the pe riod 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 oth erwise 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 ex ceed twelve months, the parties to the contract shall be at liberty to foreclose
the contract after holding mutual discussions.
8. Contractor's Risks
8.1 All risks of loss or damage to physical property and of personal injury and death
which arise during and in consequence of the performance of the Contract are the
responsibility of the Contractor.
All risks and consequences arising from the inaccuracies or falseness of the
documents, drawing, designs, other documents and/or information submitted by the
contractor shall be the responsibility of the Contractor alone, notwithstanding the fact
that the designs/ drawings or other documents have been approved by the department.
9. Liability for Accidents to Person
The contractor shall be deemed to have indemni fied and saved harmless the Government
against all action,. suits, claims, demands, costs etc. arising in connection with injuries
suffered by any persons employed by the contractor or his subcontractor for the works
whether under the General law or under workman's compensation Act, or any other
statute in force at the time of dealing with the question of the liability of employees for
the injuries suffered by employees and to have taken steps properly to ensure against any
claim there under.
10. Contractor to Construct the Works
10.1 The Contractor shall construct, install and maintain the Works in accordance with
the Specifications and Drawings as specified in the Contract Data.
10.2 In the cast of any class of work for which there is no such specification »s ii,
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 scaffoldin g, 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
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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 w ith 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 white 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 li able for claims arising out of such dispute.
12.3 The Competent Authority shall decide the matter within 45 days.
12.4 Appeal against the order of the Competent Authority can be preferred within 30
days to the Appellate Authority as defined in the Contract Data. T he 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 Ad hiniyam, 1983.
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
18. Programme
13.1 Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer for approval a Programme showing the general methods, arrangements,
order and timing for all the activities for the construction of works.
13.2 The program shall be supported with all the details regarding key personnel,
equipment a nd machinery proposed to be deployed on the works for its execution.
The contractor shall submit the list of equipment and machinery being brought to
site, the list of key personnel being deployed, the list of machinery/equipment being
placed in field laboratory and the location of field laboratory along with the
Programme.
13.3 An update of the Programme shall be a programmed showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of
the remaining Works, i ncluding any changes to the sequence of the activities.
13.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor
does not submit an updated Programme within this period, the 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 Programme has been submitted.
13.5 The Engi neer's approval of the Programme shall not alter the Contractor's
obligations.
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18. Extension of Time
18.1. If the Contractor desires an extension of time for completion of the work on the
ground of his having been unavoidably hindered in its execution or on any other grounds,
he shall apply, in writing, to the Engineer -in-charge, on account of which he desires such
extension. Engineer -in -Charge shall forward the aforesaid application to the Competent
Authority as prescribed.
14.2 The competent authority shall grant such extension at each such occasion within a
period of 30 days of receipt of application from contractor and shall not wait for finality
of work. Such extensions shall be granted in accordance with provisions under clause -15
of this agreement.
14.3 In case the work is already in progress, the Contractor shall proceed with the
execution of the works, including maintenance thereof, pending receipt of the
decision of the competent authority a s aforesaid with all due diligence.
15. Compensation for delay
15.1 The time allowed for carrying out the work, as entered in the agreement, shall be
strictly observed by the Contractor.
15.2 The time allowed for execution of the contract shall commence from the date of
signing of the agreement. It is clarified that the need for issue of work order is dispensed
with.
15.3 In the event milestones are laid down in the Contract Data for execution "of the
works, the contractor shall have to ensure strict adherence to t he same.
15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract
such liquidated damages as is laid down in the Contract Data.
15.5 In the event of delay in execution of the Works as per the timelines mentioned in the
Contract Data the Engineer -in -charge shall retain from the bills of the Contractor
amount equal to the liquidated damages leviable until the Contractor makes such
delays good. However, the Engineer -in -charge shall accept bankable security in lieu
of retaining such amount.
15.6 If the Contractor is given extension of time. after liquidated damages have been paid,
the Engineer in Charge shall correct any over payment of liquidated damages by the
Contractor in the next payment certificate.
15.7 In the event the Contractor fails to make good the delay until completion of the
stipulated contract period (including, extension of time) the sum so retained shall be
adjusted against the liquidated damages levied,
18. 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.
C. Quality Control
18. Tests
18.1 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.
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17.3 Failure of the Contractor to establish laboratory shall attract such penalty as is
specified in the Contract Data.
18. Correction of Defects noticed during the Defect Liability Period
18.1 The Defect Liability Period of work in the contract shall be as per the Contract Data.
18 .2 The Contractor shall promptly rectify all defects pointed out by the Engineer well
before the end of the Defect Liability Period. The Defect Liability Period shall
auto matically 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 cos t of having the Defect corrected, and the cost of correction of the
Defect shall be recovered from the Performance Security or any amount due or that may
become due to the contractor and other available securities.
D. Cost Control
19. Variations - Change in original Specifications, Designs, and Drawings etc.
19.1 The Engineer -in -charge shall have power to make any alterations, omissions or
additions to or substitutions in the original specifications, drawings, designs and
instructions, that may appear to him to be necessary during the progress of the work
and the contractor shall carry out the work in accordance with any instructions
which may be given to him in writing signed by the Engineer -in -charge, and such
alterations, omission, additio ns or substitutions shall not invalidate the contract and
any altered, additional or substituted work, which the contractor may be directed to
do in the manner above specified, as part of the work, shall be carried out by the
contractor on the same conditi ons 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 their
respective 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
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be worked out on the basis of the concerned Schedule of Rates minus/plus the
percentage quoted by the con tractor.
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
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.
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 alt erations 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 Enginee r-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 :'Enginee r-in -charge may supplement the work by changing another agency to car ry out
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 Guarantee 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
depar tment shall, further have an additional right to effect recoveries as arrears of land
revenue under the M.P. Land Revenue Code
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 deepme d 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."
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25.2 "The liability ,if any , on account of quarry fee, duties taxes (except GST),royalties
and leviesin respect of material consumed or services rendered on public work shall
be borne by the Contractor"
25.3 The liability, if any, on account of quarry fees, royalties, octroi and any other taxes
and duties in respect of materials actually consumed on public work, shall be borne
by the Contractor.
25. 4 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 itself the right to prescribe a scale of check
measurements 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 co ntract, shall be recoverable from the Contractor, as per clause 23
above.
27. Termination by Engineer in Charge
27.1 If the Contractor fails to carry out any obligation under the Contract, the Engineer in
Charge may by notice require the Contractor to make good the failure and to remedy it
within a specified reasonable time.
27.2 The Engineer in Charge shall be entitled to terminate the Contract if the Contractor
a) abandons the Works or otherwise plainly demonstrates the intention not to

continue performance of his obligations under the Contract,
b) the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation;
c) without reasonable excuse fails to comply with the notice to correct a particular defect
within a reasonable period of time.
d) the Contractor does not maintain a valid instrument of financial security as
prescribed;
e) the Contractor has delayed the completion of the Works by such duration for which
the maximum amount of liquidated damages is recoverable;
f) If the Contractor fails to deploy machinery and equipment or personnel or set up a field
laboratory as specified in the Contract Data.
g) If the contractor, in the judgment of the Engineer in charge has engaged in corrupt
or fraudulent practices in competing for or in executing the contract.
h) Any other fundamental breaches as specified in the Contract Data.
27.3 In any of these events or circumstances, the Engineer in Charge may, upon giving 18
days' notice to the Contractor, terminate the Contract and expel th e Contractor from the
Site. However, in the case of sub -paragraph (c) or (g), the Engineer in Charge may terminate
the Contract immediately.
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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 27.2, the Engineer shall issue a certificate for
value of the work done less liquidated damages, if any, less recoverable advance payments
received up to the date of t he issue of the certificate and less the percentage to
apply to the value of the work not completed 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 27.3 above -
If the Contract is terminated under clause 263 above, the Engineer shall issue a certificate
for the value of the work done, the reasonable cost of removal of Equipment,
repatriation of the Contract or'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 d educted 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 as specified in the Bid Data Sheet at
the time of signing of the contract. The contractor shall have to ensure that such
performance security remains valid for the period as specified in the Contract Data.
30. Security Deposit -

30.1 Security Deposit shall be deducted from each running bill at the rate as specified in the
Contract Data. The total amount of Security Deposit so deducted shall not exceed the
percentage of Contract Price specified in the Contract Data.
30.2 The security deposit may be replaced by equivalent amount of bank guarantee or fixed
deposit receipt assigned to the Employer, with validity up to 3 (three) months beyond the
completion of Defect Liability Period/ extended Defect Liability P eriod.
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.
* 1. 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.
A. 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 ,
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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 deter mined 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, i f 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 fall 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 c over the contingency of
such other rise or fall in costs.
31.4 The index relevant to any quarter, for which such compensation is paid, shall be the
arithmetical average of the indices relevant of the calendar month.
31.5 For the purpose of clarity it is pointed out that the price adjustment may be either
positive or negative, i.e. if the price adjustment is in favor 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 unco nditional 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 o f 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 m achinery and admissible only for new construction machinery.
32. 5 The advance payment shall be recovered as stated in the Contract Data by deducting
proportionate amounts from payment otherwise due to the Contractor. No account
shall be taken of the advance
payment or its recovery in assessing valuations of work done, variations, price
adjustments,
compensation events, or liquidated damages.
33. Secured Advance

33.1 Payment of Secured Advance shall be applicable if provided in the Co ntract 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
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the guarantee shall be progressively reduced by the amounts adjusted by the contractor.
33.3 The amount of secured advance and conditions to be fulfilled shall be as stipulated in the
Contract Data.
33.4 The Secured Advance paid shall be recovered as state d 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 valu e 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 execu ted shall also include the valuation of Variations and Compensation
Events.
(f ) All payments shall be adjusted for deductions to 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 w ay 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 bid, 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. Co mpletion Certificate
35. 1 A Completion Certificate in the prescribed format in Contract Data shall be issued by
the Engineer -in -Charge after physical completion of the Work.
35. 2 After final payment to the Contractor, a Final Completion Certificate in the prescribed
format in the Contract Data shall be issued by the Engineer -in -Charge.
36. Final Account
36.1 The Contractor shall supply the Engineer with a detailed account of the total amount
that the Contractor considers payable for works under the Contract within 21 days of
issue of certificate of physical completion of works. The Engineer shall issue a
Defects Liability Certificate and certify any payment that is due to the Contractor
within 45 days of receiving the Contractor's account if it is correct and complete. If the
account is not correct or complete, the Engineer shall issue within 45 days a
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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
Engine er 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
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 a nd 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}, regulatio ns, 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
prov isions 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/E ngineer 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
50 | Page
any sum is found to have been overpaid in respect of any work done by the contractor
under the contract or any work claimed by him to have been done und er 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 s trictly on
the same terms and conditions under which the contract was awarded.
42. Jurisdiction
This contract has been entered into the .State of Madhya Pradesh and its validity,
construction, interpretation and legal effect shall be subjected to the courts at the place
where this agreement is entered into. No other jurisdiction shall be applicable.
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Contract DATA
Clause Particulars Data
reference
1.18 Employer Commissioner Municipal Corporation Bhopal
1.15 Engineer Executive Engineer or equivalent Engineer
1.18 Engineer in Charge Assistant Engineer
1.22 Stipulated date of completion As per Bid Data Sheet
3 Language & Law of Contract English & Indian Contract Act 1872
4 Address & contact details of the Format “H” of ITB
Contractor
Address & contact details of the CITY ENGINEER/ DEPUTY CITY ENGINEER on
Employer/ Engineer -phone, Fax, behalf of Commissioner Municipal
e-mail. Corporation Bhopal
5 Subcontracting permitted for the Only allowed for contracts of Tenders
Contract Value costing more than Rs200.00 Lakhsup to a limit
of 25% on written and express approval from
Employer.
6 Technical Personnel to be Format 1-3 of ITB
provided by the contractor -
requirement, &
Penalty, if required Technical Rs:.........................................
Personnel not employed
10 Specifications As per Annexure - E of ITB
Drawings As per Annexure - N
12 Competent Authority for ………………………….
deciding dispute under Dispute
Resolution System
Appellate Authority for deciding ………………………….
dispute under Dispute Resolution
System
18 Period for submission of updated ………………………….
construction program
Amount to be withheld for not Rs:.........................................
submitting construction program
in the prescribed period
18 Competent Authority for …………………………….
granting Time Extension
15 Milestones laid down for the Yes/ No As per
contract As per Annexure – 0
If Yes, details of Milestones
52 | Page
Liquidated damage As per Annexure - P
18 List of equipment for lab As per Annexure - Q
Time to establish lab 15 day
Penalty for not establishing field Up to 5% of value of the contract
Laboratory
18 Defect Liability Period 36 Months after Physical Completion of
work
21 Competent Authority for
determining the rate
27 Any other condition for breach
of contract
28 The percentage to apply to the
value of the work not completed
29 Performance guarantee shall be Valid Contract Period plus............ months
valid up to
30 Security Deposit to be deducted
from each running b ill
Maximum limit of deduction of
Security Deposit
31 Price Adjustment formula and Annexure R
procedure to calculate
31.1(1) Price adjustment shall be Rs.
applicable, if the amount put to
tender is more than
32 Mobilization Advance applicable Yes /No
Construction Machinery Advance Yes / No
applicable
Type & Amount of Advance Mobilization advance -Not more than...% of
payment that can be paid contract amount
Construction Machinery Advance -Not more
than ... % of contract amount
Unconditional Bank Guarantee In the format prescribed in Annexure –S
Rate of interest chargeable on 10 % annual simple interest
advances
Recovery of advance payment Recovery of Mobilization and/or
Construction Machinery advance shall
commence when 10% of the Contract
Amount is executed and recovery of total
advance shall be done on pro -rata basis and
shall be completed by the time work
equivalent to 80% of the Contrac t Amount
53 | Page
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 advanc e 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 Secured Advance applicable Yes /No
Amount of Secured Advance 75% of value of material as determined by
the Engineer in Charge
Unconditional Bank Guarantee In the format prescribed in Annexure –T
Conditions for secured advance The materials are in -accordance with the
specification for Works;
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;
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;
The contractor has submitted with his
monthly statement the 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;
Ownership of such materials shall be deemed
to vest in the Employer for which t he
Contractor has submitted an Indemnity Bond
in an acceptable format; and
The quantities of materials are not excessive
and shall be used within a reasonable time as
determined by the Engineer.
Recovery of Secured advance The advance shall be repaid from each
succeeding monthly payments to the extent
54 | Page
materials [for which advance was previously
paid] have been incorporated into the
Works.
Completion Certificate - after Annexure – U
physical completion of the
Work
Detailed Completion Certificate Annexure - V
- after final payment on
completion of the Work
36 Competent Authority
39 Salient features of some of the Annexure -W
major labor laws that are
applicable
41 Competent Authority
55 | Page
ANNEXURE -N
(5ee douse 10 of Section 3 - GCC)
Drawings
List of drawings -
56 | Page
ANNEXURE -0
• (See clause IS of Section 3 -GCC)
Details of Milestones
57 | Page
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 date of completion along with all such exte nsions
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 Superintendin g Engineer shall
be final and binding upon both the parties.
58 | Page
ANNEXURE -Q
List of Equipment for Quality Control Lab
59 | Page
ANNEXURE - R
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
Weight ages* of component in the work
S.No. Component Percentage of component in the work

1 'Labor -Pi
2 Cement- Pc
3 Steel - Ps
4 Bitumen - Pb
5 POL- Pf
6 Other Materials - Pm
TOTAL 100
*Weight ages of various. Components of the work shall be as determined by the competent
technical sanction authority.
Adjustment for Labor component
i) Price adjustment for increase or decrease in the cost due to labor shall be paid in
accordance with the following formula.
VL= 0.85 x Pi/100 X R X (U -to) / Lo
VL = increase or decrease in the cost of work during the month under consideration due to
changes in rates for local Labor .
U> = the consumer price index for industrial workers for the State nearest city from the site on
the date of opening of Bids as published by Labor Bureau, Ministry of Labor, Government
of India,
L = the consumer p rice index for industrial workers for the State nearest city from the site for
the month under consideration as published by Labor Bureau, Ministry of Labor
component of the work.
Pi = Percentage of Labor component of the work.
Adjustment for cement compo nent
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 (C rC0)/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 Dev elopment, Government of India, New Delhi,
(www.eoindustry.nic.in)
Ci= the all India average wholesale price index for Grey cement for the month under
consideration as published by Ministry of Industrial Development,
Government of India, New Delhi.(www.eaindu$try.nic.in)
60 | Page
P c= Percentage of cement component of the work
Note: For the application of this clause, index of Grey Cement has been chosen to represent
Cement group.
Adjustment of steel component
iii) Price adjus tment 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 P s x /100 x R x (S l-S0 )/S 0
Vs- Increase or decrease in the cost of work during the month under consideration due to
changes in the rates for steel.
S0 = The all India wholesale price index for steel {Bars and Rods) on the date of opening of Bids
as published by the Ministry of Industrial Development, Government of India, New Delhi,
(•s.'ww.eoinduttry.nic.in)
Sj = The all India average wholesale price index for steel (Bars and Rods) for the month under
consideration as published by Ministry of Industrial Development, NewDelhi.
(www.eamdustry.nic.fn)
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 of bitumen component
iv) Price adjustment for increase or decrease is the cost of bitumen shall be paid in accordance
with the following formula:
Vb= 0.85x Pb/ 100xRx( Bi - Bo) / Bo
Vb= Increase or decrease in the cost of work during the month under consideration due to
changes in rates for bitumen.
Bo= 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
Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall be paid in
v)
accordance with the following formula:
Vf= 0.85xPf/100x'Rx(Fi -Fo)/Fo
Vf= Increase or decrease in the cost of work during the month under consideration due to
changes in rates for fuel and lubricants.
Fo = The official retail price of High Speed Diesel (HSD) at the existing consumer pumps of IOC at
nearest center on the date of opening of Bids.
Ft = The official retail price of HSD at the e xisting consumer pumps of IOC at nearest center for
the 15 th day of month of the under consideration.
Pf = Percentage of fuel and lubricants component of the work.
Note: For the application of this clause, the price of High Speed Diesel has been chosen to
represent fuel and lubricants group.
Adjustment of Other materials Component.
vi) Price adjustment for increase or decrease in cost of local materials other than cement , Steel,
Bitumen and POL procured by the contractor shall be paid in accordance with the following
formula:
Vm= 0.85x Pm/ 100xRx( Mi - Mo) / Mo
61 | Page
Vm= Increase or decrease in the cost of work during the month under consideration due
to changes in rates for local materials other than cement, Steel, Bitumen and POL.
Mo = The all India wholesale price index (all commodities) on the date of opening of Bids,
as published by the Ministry of Industrial Development Government of India, New
Delhi.
Mi = The all In dia average wholesale price index (all commodities) for the month under
consideration as published by Ministry of Industrial Development, Government of
India, New Delhi.
Pm = Percentage of local material component (other than cement, Steel, Bitumen and
POL) of the work plant and machinery spares component of the work
62 | Page
Annexure -S
(See clause 31 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 d eposit 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 [Ban k 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 othe r 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 :...................................................................................................................
63 | Page
* An amount shall be inserted by the Bank or Financial Institution representing the amount
of the Advance Payment, and denominated in Indian Rupees.
64 | Page
Annexure - T
(Seeclause32 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 Employ er 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 wor k (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 deta iled in Accounts of Secured Advance attached to the Running Account Bill for
the said works signed by the Contractor on and the Employer has reserved to himself the
option of making any further advance or advances on the security of other materials
brought by the Contractor to the site of the said works.
Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of Rupees......................................on or before the execution of
these presents paid to the Contractor by the Employer (the receipt where of the Contractor
doth hereby acknowledge) and of such further advances (if any) as may be made to him as a
for said the Contractor doth hereby covenant and agree with the President and declare as
follows:
That the said sum of Rupees...........................................so advanced by the Employer to
(1) The Contractor as aforesaid and all or any further sum of sums advanced as aforesaid shall be
employed by the Contractor in or towards expending the execution of the said works and for
no other purpose whatsoever.
(2) That the materials details in the said Account of Secured Advances which have been offered
to and accepted by the Employer as security are absolutely the Contractor's own propriety
and free from encum brances 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 h ereafter be made
as aforesaid (hereafter called the said materials) shall be used by the Contractor solely
65 | Page
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
remai n at the site of the said works in the Contractor's custody and on his own
responsibility and shall at all times be open to inspection by the Engineer or any officer
authorized by him. In the event of the said materials or any part thereof being stolen,
destroyed or damaged or becoming deteriorated in a greater degree than is due to
reasonable use and wear thereof the Contractor will forthwith replace the same with
other materials of tike 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 actuall y 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 we re 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 stil l be owing of the
Employer shall immediately on the happening of such default be re payable by the
Contractor to be the Employer together with interest thereon at twelve percent per
annum from the date or respective dates of such advance or advances to the date of
repayment and with all costs, charges, damages and expenses incurred by the Employer
in or for the recovery thereof or the enforcement of this security or otherwise by reason of
the default of the Contractor and the Contractor hereby covenants and agrees with the
Employer to reply and pay the same respectively to him accordingly.
(8) That the Contractor hereby charges all the said materials with the repayment to the
Employer of the said sum of Rupees.................................................... ......and any further
sum of sums advanced as aforesaid and all costs, charges, damages and expenses payable
under these presents PROVIDED ALWAYS and it is hereby agreed and declared that
notwithstanding anything in the said agreement and without prejudice to the power
contained therein if and whenever the covenant for payment and repayment here -in -
before contained shall become enforceable and the money owing shall not be paid in
accordance there with the Employer may at any time thereafter adopt alt or any of the
following courses as he may deem best;
66 | Page
(a) Seize and utilise 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 af oresaid repayable or payable to the
Employer under these presents and pay over the surplus (if any) to the Contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due to
the Contractor under the said agreement
(9) That except in the event of such default on the part of the contractor as aforesaid interest
on the said advance shall not be payable.
(10 ) That in the event of any conflict between the provisions of these presents and the said
agreement the provisions of these presents shall prevail and in the event of any dispute or
difference arising over the construction or 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.
67 | Page
Annexure -U
(See clause 34 of Section 3 -GCC]
Physical Completion Certificate
Name of Work :......................................................................................................................
Agreement no :......................................................................................................................
& Date
Amount of :................................................................................................................ ......
Contract Rs
Name of Agency :......................................................................................................................
MB No. :......................................................................................................................
Last :.................................................................................................... ..................
measurement
recorded on
date
Certified that the above mentioned work was physically completed

on...................................................... (Date) and taken over
on................................................................................ (Date) a nd that I have satisfied myself
to best of my ability that the work has been done properly.
Date of issue
Executive Engineer
68 | Page
Annexure -V
(See clause 34 of Section 3 -GCC}
Detailed Completion Certificate
Name of Work :......................................................................................................................
Agreement no :......................................................................................................................
Date
Name of Agency :......................................................................................................................
MB No. :......................................................................................................................
Last :............................................................................................ ..........................
measurement
recorded on
date
Certified that the above mentioned work was physically completed
on............................................................ (Date) and taken over
on............................................. (Date).
Agreemented amount Rs. .....................................................................
Final Amount paid to contractor Rs.......................................................
Incumbency of officers for the work
I have satisfied myself to best of my ability that the work has been done properly.
Date of issue
Executive Engineer
69 | Page
Annexure -W
(Seedause38 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 Acton
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 compl eted year of service. The Act
is applicable to all establishments employing the prescribed minimum number (say, 10) or
more employees.
c) Employees P.P. 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.P. 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 i s to pay not less than the Minimum Wages
fixed by appropriate Government as per provisions of the Act if the employment is a
scheduled employment. Construction of buildings, roads, runways is scheduled
employment.
g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to be paid,
when it will be paid and what deductions can be made from the wages of the workers.
h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for work
of equal nature to male and female workers and for not making discrimination against
female employees in the matters of transfers, training and promotions etc.
i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing
prescribed minimum (say, 20) or more workmen. The Act pr ovides 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.
j) The Act does not apply to certain establishments. The newly set -up establ ishments are
exempted for five years in certain circumstances. States may have different number of
70 | Page
employment size.
k) Industrial Disputes Act 19120: - The Act lays down the machinery and procedure for
resolution of industrial disputes, in what situations a s trike or lock -out becomes illegal
and what are the requirements for laying off or retrenching the employees or closing down
the establishment.
l) Industrial Employment (Standing Orders) Act 1946: - It is applicable to ail
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 A ct 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) Ac t 1986: - The Act prohibits employment of
children below 18 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 i ntermediary (who has
recruited workmen in one state for employment in the establishment situated in
another state). The Inter -State migrant workmen, in an establishment to which this Act
becomes applicable, are required to be provided certain facilities su ch as Housing,
Medical -Aid, Travelling expenses from home up to the establishment and back etc.
o) The Building and Other Construction workers (Regulation of Employment and Conditions
of Service) Act 1996 and the Cess Act of 1996: - All the establishments who carry on any
building or other construction work and employs the prescribed minimum (say, 10) or
more workers are covered under this Act. All such establishments are required to pay
cess at the rate not exceeding 2% of the cost of construction as may be m odified 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 t he 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 facto ry, 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, 1 0) 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.
71 | Page
SECTION 3
Conditions of Contract Part - II Special Conditions of Contract
72 | Page
SECTION 4
BILL OF QUANTITIES
General Description of work: Probable Amount of Contract: Rs.
s. Particulars of Item of Quantity Unit Rate Amount Amount Remarks

No. Work (in figure) (in words)
i ii iii iv v vi Vii viii
1
2
3
4
5
6
7
8
9
10
11
12
18
18
15
Total
Total Rupees (In Words)
73 | Page
SECTIONS 5
AGREEMENT FORM
Agreement
This agreement, made

the............................................................................................ ............day
of...........................between. ............. ............. ...................................................................
…………………………………………………. (Name and address of Employer) (Herein after called "the
employer) and
…………………………………………………………………………………………………………………………………………..( n
ame 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 b y the Contractor for the execution and
completion of such Works and the remedying of any defects therein, at a cost of Rs
.......................................................................................................................
NOW THIS AGREE MENT WITNESSETH as follows:
1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to and
they shall be deemed to form and be read and construed as part o f 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 a ll 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: G[46]& 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.
74 | Page
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.......................................................................
75 | Page
76 | Page

Office of The Municipal Corporation Bhopal: Appendix 2.10

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Office of The Municipal Corporation Bhopal: Appendix 2.10

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OFFICE OF THE MUNICIPAL CORPORATION

NIT Number : 267/ES/BMC/2019

Name Of The Contractor :

Probable Amount of Contract : 1004083/-

EMD DEPOSIT 20082/-

Cost of Tender Document : 2000/-

Instructions to Bidder (ITS) 8 to 10

Bid Data Sheet 18 to 36

(i) General Conditions of Contract

Section 3 Contract Data 52 to 64

(ii) Special Conditions of Contract

Section 4 Bill of Quantities (BoQ) 73

Section 5 Agreement Form 74

NIT Number : 267/ES/BMC/2019 Date 12.10.2019

Tender ID Probable Earnest

1. Interested bidders can view the NIT on website https://www.mptenders.gov.in

NIT Number: 267/ES/BMC/2019 Dated : 12.10.2019

4. ELIGIBILITY For BIDDERS:

Apart from that, bidder has to submit separate envelopes of

Earnest Money Deposit and the tender fee: -

E. Opening and Evaluation of Bid

Office of the MUNICIPAL CORPORATION BHOPAL

For Section 1-NIT

For Section 2 - ITB

1 Name of work : RENOVATIO N OF GOVT.SCHOOL AT RAM NAGAR COLONY WARD -

18 Earnest Money Deposit Rs 20082 /-

Document Download / 12.10.2019 16:30 PM Document Download / 22.10.2019 17:30 PM

Clarification Start Date NA Clarification End Date NA

I/we am/are fully satisfied for the correctness of the certificates/records

S no Particulars Quantity Period

1 Physical qualification required Yes/ No

(The Employer shall specify all physical qualifications required).

2. MORTH Department specifications, 3. IRC Specifications, 4. CPHEEO Manual / PHE

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

elsewhere in the bid document, as we ll as execution drawing and notes, or other

specifications of this work.

3. Set Up of Bidder's Computer System:

DETAILS OF PARTICIPATION IN THE JOINT VENTURE

S no Particulars Details to be submitted

Agreement Name of Date of Date of Amount of Employer's

listing commitments - (Value of 'C' for Bid Capacity formula)

Financial Year Payments received for contracts in pro

Minimum requirement Available with the bidder

Minimum requirement Available with the bidder

S no Name of material Rate (Issue rate) Unit Remarks

OFFICE OF THE MUNICIPAL CORPORATION, BHOPAL (M.P.)

Signature and Seal of the guarantor ________________________________ __

a) abandons the Works or otherwise plainly demonstrates the intention not to

29. Performance Security

30. Security Deposit -

32. Mobilization and Construction Machinery Advance

33. Secured Advance

34. Payment Certificates

- 10% of the work remained unexecuted in the related time span.

S.No. Component Percentage of component in the work

Name of Work :......................................................................................................................

Certified that the above mentioned work was physically completed

Name of Work :......................................................................................................................

s. Particulars of Item of Quantity Unit Rate Amount Amount Remarks

Signature and Seal of the guarantor ______________________________