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Jabalpur Smart City Limited (JSCL) Madhya Pradesh Appendix 2.10 Tender Document

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JABALPUR SMART CITY LIMITED (JSCL)

MADHYA PRADESH
APPENDIX 2.10
TENDER DOCUMENT

For Percentage Rate only in work Departments and other Departments similar to
Works Departments

(Effective from 1-1-2014)

Office of the : - JABALPUR SMART CITY LIMITED

NIT Number and Date : JSCL/2017/70/PRO/717– 04.02.2017

Agreement Number and Date : _________________________________________

Name of Work : Development of N.M.T (Non-motorized transit) from


Katanga to Gwarighat

Name of the Contractor : ________________________________________

Probable Amount of Contract

(Rs. In Figure) : 3,16,00,000.00

(Rs. In Words) : Three crores and sixteen lakhs only

Contract Amount

(Rs. In Figure) :_________________________________________

(Rs. In Words) : _________________________________________

Stipulated Period of Completion: 05 months

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Appendix 2.10
Tender Document
Table of Contents
Section No/ Particulars Page no.
Sheet No.
Section
No 1 NIT

Section 2 Instructions to Bidders (ITB) 04

Bid Data Sheet 12

Annexure -A to M 15

Section 3 Part - I General Conditions of Contract (GCC)- Table of Clauses 38

General Conditions of Contract (GCC) 39

Contract Data 57

Annexure - N to W 62

Part - II Special Conditions of Contract (SCC) 76

Section 4 Bill of Quantities (BOQ) 85

Section 5 Agreement Form 87

Sheet : 3 Technical Specifications 88

Sheet : 4 Performa for Application for Extension of Time Period 89

Sheet : 5 List of Approved Materials 90

Sheet : 6 Quality Assurance etc. 91

Sheet : 7 Drawings 92

Sheet : 8 Guidelines for tests to be performed by the contractor, Quality control 92


tests and their frequencies

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Details can be seen in the Bid Data Sheet.

1. ELIGIBILITY FOR BIDDERS:


a) At the time of submission of the Bid the bidder should have registration with
the Government of Madhya Pradesh, PWD in Centralized Registration System.
However, such bidders who are not registered with the Government of
Madhya Pradesh and are eligible for Centralized Registration System can also
submit their bids after having applied for registration with aforesaid
appropriate authority.
b) The bidder would be required to have aforesaid registration at the time of
signing of the Contract, within 15 days of issue of acceptance letter.
c) Failure to sign the contract by the selected bidder within the
specified/aforesaid period, and for whatsoever reason, shall result in
forfeiture of the earnest money deposit.

2. Pre-qualification – Prequalification conditions are given in the Bid Data Sheet.


3. Special Eligibility - Special Eligibility Conditions, if any, are given in the Bid Data
Sheet.
4. The Bid Document can be purchased only online from 06/02/2017 to 21.02.2017
other key dates may be seen in bid data sheet.
5. Amendments to NIT would be published on website only, and not in newspaper.

(Executive Director)

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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 sheet/ Contract Data, and shall have to meet high
standards of workmanship, safety and security of workmen and works.

3. PROCEDURE FOR PARTICIPATION IN E-TENDERING

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

4. ONE BID PER BIDDER

4.1 The bidder can be an individual entity as per Bid Data Sheet.

4.2 No bidder shall be entitled to submit more than one bid whether jointly or
individually. 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 Nigam.

6. Site Visit and examination of works

The bidder is advised to visit and inspect the Site of Works and its surroundings and
obtain all information that may be necessary for preparing the bid and entering into
a contract for execution of the work. All costs in this respect shall have to be borne
by the bidder.

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B. Bid Documents

7. CONTENT OF BID DOCUMENTS

The Bid Document comprises of the following documents:

1. NIT with amendments.

2. Instructions to Bidders, Bid Data Sheet with all Annexure

3. Conditions of Contract:

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

ii. Part II Special Conditions of Contract.

4. Specifications

5. Drawings

6. Priced Bill of Quantities

7. Technical and Financial Bid

8. Letter of Acceptance

9. Agreement, and

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

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


contract, the contract data, forms, terms and specifications, bill of quantities, forms
and drawings in the Bid Document. Bidder shall be solely responsible for his failure
to do so.

9. Pre-Bid Meeting

9.1 Details of venue, date and time would be mentioned in the Bid Data Sheet.
Any change in the schedule of pre-bid meeting would be communicated on
the website only, and intimation to bidders would not be given separately.

9.2 Any prospective bidder may raise his queries and/or seek clarifications
in writing before or during the pre-bid meeting. The purpose of such
meeting is to clarify issues and answer questions on any matter that may be

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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 list of the questions raised
and the responses given together with any response prepared after the
meeting will be hosted on the website.

9.4 Pursuant to the pre-bid meeting if the Employer deems it necessary to


amend the Bid Document, it shall be done by issuing amendment to the
online NIT.

10. Amendment of Bid Documents

10.1 Before the deadline for submission of bids, the Employer may amend or
modify the Bid Documents by publication of the same on the website.

10.2 All amendments shall form part of the Bid Document.

10.3 The Employer may, at its discretion, extend the last date for submission
of bids by publication of the same on the website.

C. Preparation of Bid

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

12. DOCUMENTS COMPRISING THE BID

The bid submitted online by the bidder shall be in the following parts:

Part 1 – This shall be known as Online Envelope A. Online Envelop A shall contain
the following as per details given in the Bid Data Sheet:

i) Registration number or proof of application for registration and


organizational details in format given in the Bid Data Sheet.

ii) Payment of the cost of Bid Document;

iii) Earnest Money; and

iv) An affidavit duly notarized.

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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 and Special Condition of Contract. Online Envelop B
shall contain a self-certified sheet duly supported by documents to demonstrate
fulfilment of pre-qualification conditions.

Part 3 – This shall be known as Online Envelope C. Envelop C shall contain financial
offer in the prescribed format enclosed with the Bid Data Sheet. (Annexure J)

13. Language

The bid as well as all correspondence and documents relating to the bid
exchanged by the Bidder and the Employer shall be in English or Hindi. Supporting
documents and printed literature that are part of the Bid may be in another
language provided they are accompanied by an accurate translation of the
relevant passages in English. In such case, for the purposes of interpretation of
the bid, such translation shall govern.

14. TECHNICAL PROPOSAL

14.1 Only, in case of bids with pre-qualification conditions defined in the Bid Data
Sheet, the Technical Proposal shall comprise of formats and
requirements given in the Bid Data Sheet.

14.2 All the documents/ information enclosed with the Technical Proposal
should be self-attested and certified by the bidder. The Bidder shall be liable
for forfeiture of his earnest money deposit, if any document /
information are found false/fake/ untrue before acceptance of bid. If it is
found after acceptance of the bid, the bid sanctioning authority may at
his discretion forfeit his performance security/ guarantee, security
deposit, enlistment deposit and take any other suitable action.

15. FINANCIAL BID

i. The bidder shall have to quote rates in format referred in Bid Data Sheet,
in overall percentage, and not item wise. If the bid is in absolute amount,
overall percentage would be arrived at in relation to the probable amount of
contract given in NIT. The overall percentage rate would apply for all items of
work.
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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 levies; and the Employer shall not be liable for the same.

iv. The material along with the units and rates, which shall be issued, if any, by the
Nigam to the contractor, is mentioned in the Bid Data Sheet.

16. PERIOD OF VALIDITY OF BIDS

The bids shall remain valid for a period specified in the Bid Data Sheet after the
date of “close for biding” as prescribed by the Employer. The validity of the bid can
be extended by mutual consent in writing.

17. EARNEST MONEY DEPOSIT (EMD)

17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit
(EMD), in the amount specified in the Bid Data Sheet.

17.2 The EMD shall be in the form of Fixed Deposit Receipt of a


scheduled commercial bank, issued in favour of the name given in
the Bid Data Sheet. The Fixed Deposit Receipt shall be valid for six
months or more after the last date of receipt of bids. However, other
form(s) of EMD may be allowed by the Employer by mentioning it in
the Bid Data Sheet.

17.3 Bid not accompanied by EMD shall be liable for rejection as non-responsive.

17.4 EMD of bidders whose bids are not accepted will be returned within
ten working days of the decision on the bid.

17.5 EMD of the successful Bidder will be discharged / released 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.

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D. Submission of Bid

18. The bidder is required to submit online bid duly signed digitally, and Envelop ‘A’ in
physical form also at the place prescribed in the Bid Data Sheet.

E. Opening and Evaluation of Bid


19 PROCEDURE

19.1 Envelope ‘A’ shall be opened first online at the time and date notified and
its contents shall be checked. In cases where Envelop ‘A’ does not contain all
requisite documents, such bid shall be treated as non-responsive, and
Envelop B and/or C of such bid shall not be opened.

Further, the client can ask specific clarification about the submitted
documents in technical bid, but clarification should not be deliberately
shielded or tricked to put any new document in a manner of clarification
asked by the client.

19.2 Wherever Envelop ‘B’ (Technical Bid) is required to be submitted, the same
shall be opened online at the time and date notified. The bidder shall have
freedom to witness opening of the Envelop ‘B’. Envelop ‘C’ (Financial Bid)
of bidders who are not qualified in Technical Bid (Envelop ‘B’) shall not be
opened.

19.3 Envelope ‘C’ (Financial Bid) shall be opened online at the time and date
notified. The bidder shall have freedom to witness opening of the Envelop ‘C’.

19.4 After opening Envelop ‘C’ all responsive bids shall be compared to determine
the lowest evaluated bid.

19.5 The Employer reserves the right to accept or reject any bid, and to annul
the bidding process and reject all the bids at any time prior to contract
award, without incurring any liability. In all such cases reasons shall be
recorded.

19.6 The Employer reserves the right of accepting the bid for the whole work or
for a distinct part of it.

20. Confidentiality

20.1 Information relating to examination, evaluation, comparison and


recommendation of contract award shall not be disclosed to bidders or
any other person not officially concerned with such process until final
decision on the bid.

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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 mentioned in the Bid Data


Sheet and shall be in the form and for the duration, etc. similar to
Performance Security.

23. Signing of Contract Agreement

23.1 The successful bidder shall have to furnish Performance Security and
Additional Performance Security, if any, and sign the contract agreement
within 15 days of issue of LOA.

23.2 The signing of contract agreement shall be reckoned as intimation


to commencement of work. No separate work order shall be issued by the
Employer to the contractor for commencement of work.

23.3 In the event of failure of the successful bidder to submit Performance


Security and Additional Performance Security, if any or sign the Contract
Agreement, his EMD shall stand forfeited without prejudice to the right of
the employer for taking any other action against the bidder.

24. CORRUPT PRACTICES

The Employer requires that bidders observe the highest standard of ethics during
the procurement and execution of contracts. In pursuance of this policy, the
Employer:

1. 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

i. 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

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the bidder has, directly or through an agent, engaged in corrupt, fraudulent,
collusive, or coercive practices in competing for, or in executing, a contract.

For the purposes of this provision, the terms set forth above are defined as
follows:

a. “corrupt practice” means the offering, giving, receiving, or soliciting,


directly or indirectly, anything of value to influence improperly the actions of
another party;

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


misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an
obligation;

c. “coercive practice” means impairing or harming, or threatening to impair or


harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party;

d. “collusive practice” means an arrangement between two or more parties


designed to achieve an improper purpose, including influencing
improperly the actions of another party.

[End of ITB]

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Bid Data Sheet

GENERAL

SR. No. PARTICULARS DATA

1 Office Inviting Tender Executive Director Jabalpur Smart City Limited


(Jabalpur).
2 NIT No. No. JSCL/2017/70/PRO/717
3 Date of NIT Dt. 04/02/2017

4 Bid document download From:- 06/02/2017 To :-21/02/2017


available from date & time

5 Website link http:// www.mpeproc.gov.in

SECTION 1 – NIT
NIT
PARTICULARS DATA
CLAUSE
Portal Fees
1 As notified in e-Tendering Website
(also known as processing fee)

Cost of Bid Document Rs. 15,000/-


Cost of Bid Document Payable As per e-proc procedure
at
2
Cost of Bid Document In favor Executive Director Jabalpur Smart City Limited
of (Jabalpur).

3 Affidavit Format As per 'Annexure- B'

Pre-qualifications required Yes


4
If Yes, details As per' Annexure- C'

Special Eligibility YES


5
If Yes, details As per 'Annexure -D'

6 Key dates As per 'Annexure -A'

Page 12 of 92
SECTION 2 - ITB

ITB PARTICULARS DATA


CLAUSE
Development of Non-Motorized Transport (NMT)
1 Name of the ‘Work’ from Katanga Crossing to Jhanda Chowk
Gwarighat
As per 'Annexure – E'
2 Specifications

3 Procedure for participation in e- As per 'Annexure – F'


tendering

Whether Joint Venture is No. Not in this tender.


allowed.
4
If yes, requirement for Joint Not applicable in this tender.
Venture

Pre bid meeting to be held Yes

Date :- 09.02.2017

5 Time from :- 3.00 PM


If Yes, Date, Time and Place
Place: - Jabalpur Municipal corporation.

Envelope-A containing :
i. Organizational details as per Executive Director, Jabalpur Smart City Limited
'Annexure H' (Jabalpur).
6
2. Cost of Bid Document Executive Director Jabalpur Smart City Limited
3. EMD Manas bhavan, Wright Town, Jabalpur M.P.

4. An affidavit duly notarized


as per 'Annexure- B'
should reach in physical form in
the office of :
7 Envelope-B Technical Proposal As per 'Annexure - I' and Annexure - I (Format I-1 to
I-5) Special Conditions, Annexure –C & D

8 Envelope-C Financial Bid As per 'Annexure - J '

Page 13 of 92
Materials to be issued by the
9 Not Applicable in this tender.
department
10 Period of Validity of Bid 120 Days
Earnest Money Deposit Rs. 3.16 Lacs
i. FDR/ e-FDR
Forms of Earnest Money ii. Demand draft of scheduled commercial bank
Deposit
iii. Interest bearing securities of post office.
EMD valid for a period of Six months
11
FDR must be drawn in favour of Executive Director, Jabalpur Smart City Limited
(Jabalpur).

12 Letter of Acceptance (LOA) As per 'Annexure -L'


13 Amount of Performance 10% of Contract Amount (5% security deposit
Security Deposit and Defect amount to be deposited before execution of
Liability agreement and 5% amount to be deducted from
running bills)
Equal to an amount arrived at, by multiplying
the contract amount with difference of
percentage between percent rates
(below/minus) of successful bid and fifteen
Additional Performance percent (below/minus), considering bid rates
Security less than 15% (fifteen percent) below PAC, to
be unworkable and shall require
additional performance security (guarantee).
Calculation will be based on PAC amount Rs.
1.82 Crores
Performance Security in the As per 'Annexure- M'
format
Executive Director, Jabalpur Smart City Limited
Performance Security in favour
of (Jabalpur).

Performance Security valid up Valid Contract Period plus 3 months


to

Page 14 of 92
Annexure – A
(See clause 1, 7 of Section 1 -NIT)

KEY DATES
Bidder's Start Expiry
S. No JSCL, Jabalpur Envelopes
Stage
Date Time Date Time
Purchase of
1 – Tender 21/02/2017 _
Document
Date Online
Pre
DateBid
2 ………… - 09.02.2017 3.00PM _
Meeting

Uploading of
pre meeting
3 proceeding ………… _
and
clarification
etc.
Bid Upto
4 Submission ………… _ 24.02.2017 _
5.30 PM
Date Online
EMD and (Envelope C)
Technical Bid Upto
5 Document - ………… _ 27.02.2017 Envelope A & B
Mandatory 5.30 PM
submission
Date
EMD and
Technical Bid
6 ………… _ 27.02.2017 5.30 PM Envelope A & B
Document
open Date
Financial Bid
7 open date - ………… - 02.03.2017 _ Envelope C
(Envelope-C)
Original term deposit receipt of earnest money deposit, demand draft for the cost of
bid document and affidavit shall be submitted by the bidder so as to reach the office
as prescribed in Bid Data Sheet, at least one calendar day before specified start
time and date in key dates or within time limits for opening of technical proposal as
per Key dates in Bid Data Sheet.

Page 15 of 92
Annexure – B
(See clause 3 of Section 1 -NIT)

|| AFFIDAVIT ||
(To be contained in Envelope A)

(On Non Judicial Stamp of Rs. 100)

1. 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:

2. I/we am/are fully satisfied for the correctness of the certificates/records submitted in
support of the following information in bid documents which are being submitted in
response to notice inviting e-tender No …… for …….... (Name of Work) dated ……….
issued by Executive Director, Jabalpur Smart City Limited (Jabalpur).

3. I/we am/ are fully responsible for the correctness of following self-certified
information / documents and certificates:

(i) That the self-certified information given in the bid document is fully true
and authentic.

(ii) 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 are correct.

c. Information regarding various technical qualifications are correct.

(iii) No close relative of the undersigned and our firm/company is working in


the department/Nigam. OR Following close relatives are working in the
department:

Name ……………………… Post ……………………. Present Posting…………..

4. I/we ………………………………… also do solemnly affirm an oath and state that aforesaid
firm/company M/s……………………………….. has never been black listed or debarred from
any department/undertaking/subsidiary, working under Government of India or
Government of all states of India including Government of Madhya Pradesh.

Page 16 of 92
Signature with Seal of the Deponent (Bidder)

I/ We, ………………………… above deponent do hereby certify that the facts mentioned in
above para 1 to 4 (with their sub paras) are correct to the best of my knowledge and belief.

Verified today ……………………………. (Dated) at …………………… (Place).

Signature with Seal of the Deponent (Bidder)

Note : Affidavit duly notarized in original shall reach before opening of the Envelope A.

Page 17 of 92
Annexure – C
(See clause 5 of Section 1 -NIT )

PRE-QUALIFICATIONS CRITERIA

A. 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 5 financial years; i.e. 2011-12 to 2015-16
or

b) T wo similar works, each costing not less than the amount equal to 30% of the
probable amount of contract during the last 5 financial years; i.e. 2011-12 to 2015-16
or

c) One similar work of aggregate cost not less than the amount equal to 50% of the
probable amount of contract during the last 5 financial years; i.e. 2011-12 to 2015-
16.

B. Average annual construction turnover on the construction works not less than 50%
of the probable amount of contract during the last 5 financial years i.e. 2010-11 to
2014-15. If agency has got audited his account for 2015-16, then in this case five
financial years may be reckoned from 2011-12 to 2015-16.

C. Executed similar work in a single contract during the last 5 financial years, which
should not be less than the minimum, physical requirement, if any, fixed for the
work.

D. Bid Capacity – Bidder shall be allotted work up to his available Bid Capacity, which
shall be worked out as given in format I-2 of Annexure I.

E. Physical

Mandatory physical qualifications for the work shall be as below


S No Particulars Min. Req Unit
Quantity

1 Excavation - 98 cum
Excavation for roadway in soil including loading in truck for carrying of cut
earth to embankment site with all lifts and lead upto1000 metres and as per
relevant clauses of section-300
NMT For Widening of Carriageway (GSB)

Page 18 of 92
S No Particulars Min. Req Unit
Quantity

2 Earth work for NMT widening of road work for subgrade 333 cum
material - Construction of Hard Shoulder with approved material/selected
soil having CBR >12 i/c excavation all lifts & leads i/c grading to required
slope & camber of 4% and compacting using vibratory roller of 80 to 100 kN
static weight to meet requirement as per relevant clause of 400.
Shoulder & NMT

3 GSB (granular sub-base) - 600 cum


Construction of granular sub-base by providing coarse graded material,
spreading in uniform layers with on prepared surface, mixing by mix in place
method at OMC, and compacting with vibratory roller to achieve the desired
density, complete in all respect and as per relevant clauses of section-
400.Grade III
Shoulder & NMT

4 WBM - Providing, laying, spreading and compacting stone 973 cum


aggregates of specific sizes to water bound macadam specification
including spreading in uniform ,hand packing, rolling with vibratory roller 8-
10 tonnes in stages to proper grade and camber, applying and booming
requisite type of reining/ binding materials to fill up the voids of coarse and
compacting to the required density and as per relevant clauses of section-
400

5 Primer Coat - Providing and applying primer coat with bitumen


density and as per relevant clauses of section-400
26 sqm
Emulsion on prepared surface of granular Base including clearing of road
surface and spraying primer at the rate of 0.75 kg/sqm using mechanical /
Manual means and as per relevant clauses of section 502.
Road 0 to 580m = 580m

6 Track Coat- Providing and applying tack coat with bitumen emulsion using
9 sqm
emulsion pressure distributor on the prepared bituminous / granular surface
cleaned with mechanical broom and as per relevant clauses of section 503.
'@0.25 kg per sqm ….
Road Ch. 0 to 5500m = 5500m

7 Open- Graded Premix Surfacing 117 sqm


Providing, laying and rolling of open-graded premix surfacing of 20mm
thickness composed of 13.2mm to 5.6mm aggregates using 60/70 grade
bitumen to required line, grade and level to serve as wearing course on a
previously prepared base, including mixing in hot mix plant, laying with
paver finisher and rolling with a smooth wheeled roller 8-10 tonne capacity,
finished to required level
And grades excluding primer and tack coat and as per relevant clauses of
section-511.

8 Seal Coat 45 sqm


Providing and laying seal coat sealing the voids in a bituminous surface laid
to the specified levels, grade and cross fall using Type A and B seal coats
and as per relevant clauses of section-513 with
Bitumen.
Providing and laying seal coat sealing the voids in a bituminous surface laid
to the specified levels, grade and cross fall using Type A and B seal coats
and as per relevant clauses of section-513 with
Bitumen.
M20 Wheel Guard/ Boundary pillars
9 4277 cum
Providing and laying Plain/Reinforced cement concrete (mixed in concrete
mixture) in open foundation including form work shuttering etc. complete as
per drawing and technical specifications
and as per relevant clauses of sections 1500, 1700
& 2100 with e) RCC Grade M20 with 20 mm maximum size of
Aggregate Wheel Guard

Page 19 of 92
S No Particulars Min. Req Unit
Quantity

10 Steel 57086 MT
Supplying, fitting and placing HYSD bar reinforcement in sub-structure
complete as per drawing and technical specifications and as per relevant
clauses of sections 1600.
Main Bar 8mm# 4No. Per Wheel Guard
Distribution bar 8mm dia 200c/c

11 NMT Marking 70 MT
Painting lines, dashes, arrows etc. on roads in two coats on new work with
ready mixed road marking paint conforming to IS:164 on bituminous
surface, including cleaning the surface of all dirt, dust and
Other foreign matter, demarcation at site and traffic control as per relevant
clauses of section-800 & I.R.C.-67 including cost of paint etc. complete.

Please enclose notarized documents/Certificates in support of above.

Annexure —D

(See clause 6 of Section 1-NIT)

SPECIAL ELIGIBILITY CRITERIA

Page 20 of 92
ANNXURE – E
(See clause 2 of Section 2 – ITB & Clause 18 of GCC

Specifications

1. As per prevailing SOR specification and enclosed Sheet No. 3.

(………………………….)

Page 21 of 92
Annexure -F
(See clause 3 of section 2-ITB)

Procedure for Participation in e-Tendering

1. Registration of Bidders on e-Tendering System:

All the PWD registered bidders are already registered on the new e- procurement
portal https://www.mpeproc.gov.in. The user id will be the contractor ID provided to
them from MP Online. The password for the new portal has been sent to the bidders
registered email ID. for more details may contact M/s. _Tata Consultancy Services
Corporate Block, 5th floor, DB City BHOPAL-462011 email id:
eproc_helpdesk@mpsdc.gov.in. Helpdesk phone numbers are available on website.

2. Digital Certificate:

The bids submitted online should be signed electronically with a Class III Digital
Certificate to establish the identity of the bidder submitting the bid online. The
bidders may obtain Class III Digital Certificate issued by an approved Certifying
Authority authorized by the Controller of Certifying Authorities, Government of
India. A Class III Digital Certificate is issued upon receipt of mandatory identity
proofs along with an application. Only upon the receipt of the required documents, a
Digital Certificate can be issued. For details please visit cca.gov.in.

Note: i. It may take upto 7 working days for issuance of Class III Digital
Certificate; hence the bidders are advised to obtain the certificate at the
earliest. Those bidders who already have valid Class III Digital Certificate need
not obtain another Digital Certificate for the same.

The bidders may obtain more information and the Application From required
to be submitted for the issuance of Digital Certificate from cca.gov.in

ii. Bids can be submitted till bid submission end date. Bidder will
require digital signature while bid submission.

The digital certificate issued to the Authorized User of a Partnership firm /


Private Limited Company / Public Limited Company and used for online biding will be
considered as equivalent to a no-objection certificate / power of attorney to that user.

In case of Partnership firm, majority of the partners have to authorize a


specific individual through Authority Letter signed by majority of the partners of
the firm.

In case of Private Limited Company, Public Limited Company, the Managing Director
has to authorize a specific individual through Authority Letter. Unless the certificate
is revoked, it will be assumed to represent adequate authority of the specific
individual to bid on behalf of the organization for online bids as per information
Technology Act 2000. This Authorized User will be required to obtain a Digital
Page 22 of 92
Certificate. The Digital Signature executed through the use of Digital Certificate of
this Authorized User will be binding on the firm. It shall be the responsibility of
Management / Partners of the concerned firm to inform the Certifying Authority,
if the Authorized User changes, and apply for a fresh Digital Certificate for the new
Authorized User.

3. Set Up of Bidder’s Computer System:

In order for a bidder to operate on the e-tendering System, the Computer System of
the bidder is required to be set up for Operating System, Internet Connectivity,
Utilities, Fonts, etc. The details are available at https://www.mpeproc.gov.in

4. Key Dates:

The bidders are strictly advised to follow the time schedule (Key Dates) of the bid on
their side for tasks and responsibilities to participate in the bid, as all the stages of
each bid are locked before the start time and date and after the end time and date
for the relevant stage of the bid as set by the Department.

5. Preparation and Submission of Bids

The bidders have to prepare their bids online, encrypt their bid Data in the Bid forms
and submit Bid of all the envelopes and documents related to the Bid required to be
uploaded as per the time schedule mentioned in the key dates of the Notice
inviting e-Tenders after signing of the same by the Digital Signature of their
authorized representative.

6. Purchase of Bid Document

For purchasing of the bid document bidders have to pay Service Charge online
ONLY which is Rs. [as per Bid Date Sheet]. Cost of bid document is separately
mentioned in the Detailed NIT. The Bid Document shall be available for purchase
to concerned eligible bidders immediately after online release of the bids and upto
scheduled time and date as set in the key dates. The payment for the cost of bid
document shall be made online through Debit/Credit card, Net banking or NEFT
Challan through the payment gateway provided on the portal.

7 Withdrawal, Substitution and Modification of Bids

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

Page 23 of 92
Annexure – G
(See clause 4 of Section 2 –ITB)

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

ORGANIZATIONAL DETAILS
(To be Contained in Envelope - A)
S.
Particulars Details
No.
Registration number issued by
Centralized Registration System of Govt. of
M.P. or Proof of application for registration.
1.
Registration No. Date
Registration of bidder through Centralized
2.
Registration of Govt. of MP
(Scanned copy of Registration to be
Name of Organization/ Individual/ uploaded, if any)
Proprietary Firm/ Partnership Firm
3.
Entity of Organization

Individual/ Proprietary Firm/ Partnership


Firm (Registered under Partnership Act)/
4. Limited Company (Registered under the
5. Address of Communication
Companies Act–1956)/ Corporation/ Joint
6. Telephone
Venture Number with STD Code
7. Fax Number with STD Code
8. Mobile Number
9. E-mail Address for all communications
Details of Authorized Representative
10. Name
11. Designation
12. Postal Address
13. Telephone Number with STD Code
14. Fax Number with STD Code
15. Mobile Number
16. E-mail Address

Note: In case of partnership firm and limited company certified copy of partnership deed/
Articles of Association and Memorandum of Association along with registration
certificate of the company shall have to be enclosed.

Signature of Bidder with Seal

Date:-

Page 24 of 92
Annexure – I
(See clause 14 of Section 2 -ITB)

Envelope – B, Technical Proposal

Technical Proposal shall comprise the following documents:

S. No Particulars Details to be submitted


1 Experience – Financial & Physical Annexure - I (Format: I-1)
2 Annual Turnover Annexure - I (Format: I-2)
3 List of technical personnel for the key Annexure - I (Format: I-3)
positions
4 List of Key equipments/ machines for quality Annexure - I (Format: I-4)
control labs
5 List of Key equipments/ machines for Annexure - I (Format: I-5)
construction work

6 Prequalification and special eligibility criteria Annexure – C & D

Note:

1. Technical Proposal should be uploaded duly page numbered and indexed.

2. Technical Proposal uploaded otherwise bid will not be considered.

Page 25 of 92
Annexure - I (Format: I-1)
(See clause 14 of Section 2 -ITB)

FINANCIAL & PHYSICAL EXPERIENCE DETAILS

A. Financial Requirement:

To be filled in by the contractor:

i. Details of successfully completed / executed 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 Number Name of Work Date of Date of Amount of Employer's

& Year Work Completion Contract Name and

Order Address

Existing 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

B. Physical Requirement:
Execution of similar items of work in any one financial year during the last 5 financial years
as mentioned in Annexure C, should not be less than the minimum physical requirement
fixed for the work.

Certificate duly signed by the employer shall be enclosed for the actual quantity executed in
any one year during the last 5 financial years.

Page 26 of 92
Annexure - I (Format: I -2)

(See clause 14 of Section 2 –ITB)

ANNUAL TURN OVER

Requirement:

Average annual construction turnover on the construction works not less than 50% of the
probable amount of contract during the last 5 financial years;

To be filled in by the contractor:

Financial Year Payments received for contracts in progress or Remark


completed
1 Please refer
2 Annexure C
3
i.e. Pre-
4 Qualification
Criteria
5

Note:

i. Annual turnover of construction should be certified by the Chartered Accountant.

ii. Audited balance sheet including all related notes, and income statements for the
above financial years to be enclosed.

Bid Capacity

Applicants who meet the minimum qualifying criteria in the evaluation as stated above are

To be evaluated further for bid capacity as under and should not the be less than PAC

(Probable Amount of Contract)

Bid Capacity = (1.5 A X B) - C

Page 27 of 92
Where

A= Maximum
A value of civil engineering works executed in any one year during
the last five year (10% weightage per year shall be given to bring the value of

B = Proposed contract
work executed period in
at present years.
price level)

C = Amount of work in hand at present.

Page 28 of 92
Annexure - I (Format: I -3)
(See clause 14 of Section 2 –ITB & Clause 6 of GCC)

List of Technical Personnel for the Key Positions

Minimum requirement Available with the bidder

Similar work experience


Minimum Qualification
Minimum requirement

Name of Personnel
experience Required
Key Position

Qualification
Key Position
Total Work

Total Work
Experience

Experience
S. No.

S. No.
Age

Age
Similar work
1 Project 01 B.E. Civil 40 Yr. 10 years
Engineer experience
Site/Field 5 years
2 01 B.E. Civil 30 Yr.
Engineer experience

3 Surveyor 01 Diploma 30 Yr. 5 years


Civil experience
4 Sub Site 01 Diploma in 30 Yr. 3 years
Engineer Civil experience

Note: - Fulltime technical key persons should be available at site.

Note: - Please fill above column “Available with the bidder”.

Page 29 of 92
Annexure I (Format: I -4)
(See clause 14 of Section 2 -ITB)

List of Key Equipment/ Machines for Quality Control Labs

Minimum requirement Available with the bidder


S. No. Name of Equipment/ Name of Equipment
Machinery Quantity /Machinery Quantity
1 Set of I. S. sieves 1 Set

2 Liquid Limit Apparatus 1

Compaction Limit
3 1
Apparatus

4 CB R. Apparatus 1

Crushing Strength Testing


5 1
Machine

Compression Testing
6 Machine, Capacity 50 1
tones.
Aggregate Crushing value
7 1
Apparatus

Los Angeles Abrasion


8 1
Machine

Aggregate Impact Test


9 1
Machine

10 Concrete Batching Plant 1

Length and Thickness


11 1
Gauges

12 Vicat apparatus for testing 1


setting times
13 Slump testing apparatus 1

14 Needle & Plate Vibrator 1

15 500gm, 10 Kg balances 1 Each

Note: The Contractor shall make available following office equipment at site office at his
own cost.
(a) Plotter sufficient for A-0 Size Plotting.

(b) Photo Copier/Scanner sufficient for A-3 Size Copying.


Page 30 of 92
(c) Internet Connection shall be required for Email Correspondence ensuring
faster Communication.

(d) Digital Camera with data Transfer Capabilities.

(e) The Contractor shall take HD photographs Videos of site prior to the
commencement of work, during construction, and after the time of
Completion of Project Work as suggested and shall submit soft and hard
copies to the AKVN, Jabalpur.

Note :- Please fill above column “Available with the bidder”.

Page 31 of 92
Annexure - I (Format: I -5)
(See clause 14 of Section 2 -ITB)

List of Key Construction Equipments/ Machines for Construction Work

Minimum requirement Available with the bidder

S.No. Name of Equipment/ Minimum Name of Equipment


Capacity Quantity
Machinery Required / Machinery

1. JCB Machine 01
2. Vibratory / Roller 8-10 T 01
3. Pneumatic tired roller 15 T 01
4. Computerized Batch mix 30 Cum/Hr 01
5. plant
Front end Loader 01
6. Transit Truck Agitator 6Cum 01

7. Kerb Laying Machine 01


8. Mechanical Roller 8 - 10 T 01
9. D.G. Sets 5 KVA & 01
100 KVA
10. Auto Level Instrument 150 m 01
range
11. Concrete mixer with 0.5 Cum 3 Nos.
hopper
The contractor shall arrange above minimum plants and machineries at site for execution of
the work. This may have to be increased depending upon the site requirements.
Note: a) The above List is the minimum required Equipment and Plants that need to
be deployed on the contract work, however if required the contractor may have to
deploy more Equipments and Plants depending upon his Work Programme and
Methodology.

Note :- Please fill above column “Available with the bidder”.

Page 32 of 92
Annexure – J
(See clause 14 of Section 2 –ITB)

FINANCIAL BID
(To Be Contained in Envelope-C)

NAME OF WORK: - DEVELOPMENT OF NON MOTORIZED TRANSPORT (NMT) FROM


KATANGA CROSSING TO JHANDA CHOWK GWARIGHAT

I/We hereby bid for the execution of the above work within the time specified at
the rate (in figures) _ (in words) percent below/ above or
at par based on the Bill of Quantities and item wise rates given therein in all respects and in
accordance with the specifications, designs, drawings and instructions in writing in all
respects in accordance with such conditions so far as applicable. I/We have visited the site
of work and am/ are fully aware of all the difficulties and conditions likely to affect carrying
out the work. I/We have fully acquainted myself/ourselves about the conditions in regard to
accessibility of site and quarries/kilns, nature and the extent of ground, working conditions
including stacking of materials, installation of tools and plant conditions effecting
accommodation and movement of labour etc. required for the satisfactory execution of
contract.

Should this bid be accepted, I/We hereby agree to abide by and fulfil all the
terms and provisions of the said conditions of contract annexed hereto so far as applicable,
or in default thereof to forfeit and pay to the Executive Director, Jabalpur Smart City
Limited, Jabalpur or his successors in office the sums of money mentioned in the said
conditions.

Note:

i. Only one rate of percentage above or below or at par based on the Bill of Quantities
given therein shall be quoted.

ii. Percentage shall be quoted in figures as well as in words. If any difference in figures
and words is found lower of the two shall be taken as valid and correct rate. If the
bidder is not ready to accept such valid and correct rate and declines to furnish
performance security and sign the agreement his earnest money deposit shall be
forfeited.

iii. In case the percentage "above" or "below" is not given by a bidder; his bid shall be
treated as non-responsive.

iv. All duties, taxes, S e r v i c e T a x , R o y a l t y C h a r g e s and other levies payable


by the bidder shall be included in the percentage quoted by the bidder.

Page 33 of 92
Signature of Bidder

Name of Bidder

The above bid is hereby accepted by me on behalf of the Audyogik Kendra


Vikas Nigam (J) Ltd., Jabalpur dated the day of 20

Signature of Officer by who accepted

Managing Director

Annexure – K
(See clause 15 of Section 2 -ITB)

Page 34 of 92
Annexure – L
(See clause 21 of Section 2 -ITB )

Jabalpur Smart City Limited,

LETTER OF ACCEPTANCE (LOA)

No. ……………………… Dated: - …………..

To,

M/s .............................. (Name and address of the contractor)

Subject :- ………………………………………..
(Name of the work as appearing in the bid for the work)
Dear Sir(s),
Your bid for the work mentioned above has been accepted on behalf of the Jabalpur
Smart City Limited (Jabalpur) Ltd., Jabalpur at your bided percentage below/ above or
at par the Bill of Quantities given therein.
You are requested to submit within 15 (Fifteen) days from the date of issue of
this letter:
1. The performance security/performance guarantee of Rs.…………….. (in figures)
(Rupees ……………………………………………………………………… in words only).
Nationalized/schedule commercial bank valid up to three months after the expiry of
defects liability period.
2. Sign the contract agreement.
Please note that the time allowed for carrying out the work as entered in the bid is 3
(Three) Months excluding rainy season, shall be reckoned from the date of signing the
contract agreement.

Signing the contract agreement shall be reckoned as intimation of commencement


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

Yours faithfully,

Executive Director

Copy to
1.
2.
3.

Page 35 of 92
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. ………. Date …………… to execute ………………. (Name of Contract and
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 6 (six) months from the date of expiry of the
Defect Liability Period.

Signature, Name and Seal of the guarantor

Name of Bank Address

Phone No., Fax No., E-mail Address, of Signing Authority Date

Page 36 of 92
* An amount shall be inserted by the Guarantor, representing the percentage the
Contract Price specified in the Contract including additional security for unbalanced
Bids, if any and denominated in Indian Rupees.

Page 37 of 92
SECTION 3
CONDITIONS OF CONTRACT
Part – I General Conditions of Contract [GCC] Table of Clauses of

Clause Particulars Clause Particulars


No No
A. General 21 Payments for Variations and / or Extra
Quantities

1 Definitions 22 No compensation for alterations in or restriction


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

11 Discoveries 32 Mobilization and Construction Machinery


Advance
12 Dispute Resolution System 33 Secured Advance
B. Time Control 34 Payments Certificates
13 Programme E. Finishing the Contract
14 Extension of Time 35 Completion Certificate
15 Compensation for Delay 36 Final Account
16 Contractor’s quoted percentage F. Other Conditions of Contract
C. Quality Control 37 Currencies

17 Tests 38 Labour
18 Correction of Defects noticed 39 Compliance with Labour Regulations
during the Defect Liability Period

D. Cost Control 40 Audit and Technical Examination


19 Variations - Change in original 41 Death or Permanent Invalidity of Contractor
Specifications, Designs, Drawings
etc.

20 Extra Items 42 Jurisdiction

Page 38 of 92
Section 3 – Part – I General Condition of Contract

A. General
1. DEFINITIONS

a) 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 Jabalpur Municipal Corporation

1.3. Completion: means completion of the work as certified by the Nigam, 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/Nigam: means Jabalpur Smart City Limited, Jabalpur who adopts this
document written in short as JSCL, Jabalpur M.P.

1.13. Drawings: means drawings including calculations and other information provided
by Competent Authority

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.

1.15. Engineer: means the person named in the Contract Data.

Page 39 of 92
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.

1.20. Material: means all supplies, including consumables, used by the Contractor
for incorporation in the work.

1.21. Superintending Engineer: means S u p e r i n t e n d i n g E n g i n e e r , o f Jabalpur


Municipal Corporation

.22. Stipulated period of completion: means the period in which the Contractor is
required to complete the work. The stipulated period is specified in the
Contract Data.

1.23. Assistant Engineer: - means Assistant Engineer of Jabalpur Municipal Corporation

1.24. Junior Engineer: - Means Junior Engineer of Jabalpur Municipal Corporation

1.25 Executive Engineer: - Means Executive Engineer of Jabalpur Municipal Corporation

1.26 Specification: means the specification of the work included in the Contract and
any modification or addition made or approved by the Competent Authority.

1.27. Start Date: means the date of signing of agreement for the work.

1.28. Sub-Contractor: means a person or corporate body who has a Contract with
the Contractor, duly authorised to carry out a part of the construction work under
the Contract.

1.29. Temporary Work: means work designed, constructed, installed, and removed by
the Contractor that are needed for construction or installation of the work.

1.30. Tender/Bid, Tenderer/Bidder: are the synonyms and carry the same meaning
where ever used.

1.31. Variation: means any change in the work which is instructed or approved as
variation under this contract.

1.32. Work: The expression "work" or "works" where used in these conditions shall unless
there be something either in the subject or context repugnant to such construction,
be construed and taken to mean the work by virtue of contract, contracted to be
executed, whether temporary or permanent and whether original, altered,
substituted or additional.

1.33 I/A means Industrial Area

Page 40 of 92
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 (ITB, Bid Data Sheet with all Annexures)

3. Conditions of Contract:

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

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

All certificates, notice or instruction to be given to the Contractor by


Employer/Engineer shall be sent to the address or contact details given by the
Contractor in [Annexure H of ITB]. The address and contact details for
communication with the Employer/Engineer shall be as per the details given in the
Contract Data. Communication between parties that are referred to in the
conditions shall be in writing. The notice sent by facsimile (fax) or other
electronic means (email) shall also be effective on confirmation of the transmission.
The notice sent by registered post or speed post shall be effective on delivery or at
Page 41 of 92
the expiry of the normal delivery period as undertaken by the postal service. In case
of any change in address for communication, the same shall be immediately notified
to Engineer-in- Charge.

5. Subcontracting

Subcontracting shall be permitted for contracts of value more than amount


specified in the Contract Data with following conditions.

a. The Contractor may subcontract up to 25 percent of the contract price with


the approval of the Employer in writing, but will not assign the Contract.
Subcontracting shall not alter the Contractor's obligations.

b. Following shall not form part of subcontracting:

i. Hiring of labour through a labour contractor.

ii. T h e 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 centralized registration


system for contractors of the Go MP.

6. Personnel

6.1 The Contractor shall employ for the construction work and routine maintenance
the technical personnel as provided in the Annexure I-3 of Bid Data Sheet, if
applicable. If the Contractor fails to deploy required number of technical staff,
recovery as specified in the Contract Data will be made from the Contractor.

6.2 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's 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:
Page 42 of 92
(i) War, hostilities (whether war be declared or not), invasion, act
of foreign enemies,

(ii) Rebellion, terrorism, sabotage by persons other than the


Contractor’s Personnel, revolution, insurrection, military or usurped
power, or civil war,

(iii) Riot, commotion, disorder, strike or lockout by persons other


than the Contractor’s Personnel,

(iv) Munitions of war, explosive materials, ionising radiation or


contamination by radio-activity, except as may be attributable to the
Contractor’s use of such munitions, explosives, radiation or radio-
activity, and

(v) Natural catastrophes such as earthquake, hurricane, typhoon or


volcanic activity.

7.2. In the event of either party being rendered unable by force majeure to perform any
duty or discharge any responsibility arising out of the contract, the relative
obligation of the party affected by such force majeure shall upon notification to the
other party be suspended for the period during which force majeure event lasts. The
cost and loss sustained by either party shall be borne by respective parties.

7.3 For the period of extension granted to the Contractor due to Force Majeure the price
adjustment clause shall apply but the penalty clause shall not apply. It is clarified that
this sub clause shall not give eligibility for price adjustment to contracts which are
otherwise not subject to the benefit of price adjustment clause.

7.4 The time for performance of the relative obligation suspended by the force
majeure shall stand extended by the period for which such cause lasts. Should
the delay caused by force majeure exceed twelve months, the parties to the
contract shall be at liberty to foreclose the contract after holding mutual discussions.

8. Contractor's Risks

8.1 All risks of loss or damage to physical property and of personal injury and death
which arise during and in consequence of the performance of the Contract are the
responsibility of the Contractor.

8.2 All risks and consequences arising from the inaccuracies or falseness of the
documents, drawing, designs, other documents and/or information submitted by
the contractor shall be the responsibility of the Contractor alone, notwithstanding
the fact that the designs/ drawings or other documents have been approved
by the department/Nigam.

9. Liability for Accidents to Person

Page 43 of 92
The contractor shall be deemed to have indemnified and saved harmless the
Government/Nigam 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. Necessary claim
or insurance charges or premium shall be payable by the Contractor only.

10. Contractor to Construct the Works

10.1 The Contractor shall construct, install and maintain the Works in accordance with the
Specifications and Drawings as specified in the Contract Data.

10.2 In the case of any class of work for which there is no such specification as is
mentioned in Contract Data, such work shall be carried out in accordance with
the instructions and requirement of the site SOR and site conditions etc.

10.3 The contractor shall supply and take upon himself the entire responsibility of the
sufficiency of the scaffolding, timbering, machinery, tools and implements, and
generally of all means used for the fulfilment of this contract whether such means
may or may not be approved or recommended by the Engineer.

11. Discoveries

Anything of historical or other interest or of significant value unexpectedly


discovered on the Site shall be the property of the Employer. The Contractor shall
notify the Engineer of such discoveries and carry out the Engineer's instructions for
dealing with them.

12. Dispute Resolution System

12.1 No dispute can be raised except before the Competent Authority as defined in
Contract Data in writing giving full description and grounds of dispute. It is
clarified that merely recording protest while accepting measurement and/or
payment shall not be taken as raising a dispute.

12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised
after expiry of 45 days of its first occurrence shall not be entertained and the
Employer shall not be liable for claims arising out of such dispute.

12.3 The Competent Authority shall decide the matter within 45 days.

12.4 Appeal against the order of the Competent Authority can be preferred within 30
days to the Appellate Authority as defined in the Contract Data. The Appellate
Authority shall decide the dispute within 45 days.

Page 44 of 92
12.5 Appeal against the order of the Appellate Authority can be preferred before the
Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh
Madhyastham Adhikaran Adhiniyam, 1983.

12.6 The Contractor shall have to continue execution of the Works with due diligence
notwithstanding pendency of a dispute before any authority or forum.

B. Time Control
13. Programme

13.1 Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer for approval a Programme showing the general methods, arrangements,
order and timing for all the activities for the construction of works.

13.2 The program shall be supported with all the details regarding key personnel,
equipment and machinery proposed to be deployed on the works for its
execution. The contractor shall submit the list of equipment and machinery being
brought to site, the list of key personnel being deployed, the list of
machinery/equipment being placed in field laboratory and the location of field
laboratory along with the Programme.

13.3 An update of the Programme shall be a programme showing the actual progress
achieved on each activity and the effect of the progress achieved on the timing of
the remaining Works, including any changes to the sequence of the activities.

13.4 The Contractor shall submit to the Engineer for approval an updated 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 Engineer's approval of the Programme shall not alter the Contractor's
obligations.

14. Extension of Time

14.1. If the Contractor desires an extension of time for completion of the work on the
ground of his having been unavoidably hindered in its execution or on any other
grounds, he shall apply, in writing, to the JSCL, on account of which he desires such
extension. Chief Executive officer JSCL shall forward the aforesaid application in
prescribed Performa in the tender document to the Competent Authority MD JSCL
Jabalpur

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

Page 45 of 92
finality of work. Such extensions shall be granted in accordance with provisions
under clause- 15 of this agreement.

14.3 In case the work is already in progress, the Contractor shall proceed with the
execution of the works, including maintenance thereof, pending receipt of the
decision of the competent authority as aforesaid with all due diligence.

15. Compensation for delay

15.1 The time allowed for carrying out the work, as entered in the agreement, shall be
strictly observed by the Contractor.

15.2 The time allowed for execution of the contract shall commence from the date of
signing of the agreement. It is clarified that the need for issue of work order is
dispensed with.
15.3 In the event milestones are laid down in the Contract Data for execution of the
works, the contractor shall have to ensure strict adherence to the same.

15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract
such liquidated damages as is laid down in the Contract Data.
15.5 In the event of delay in execution of the Works as per the timelines mentioned in
the Contract Data the Nigam shall retain from the bills of the Contractor amount
equal to the liquidated damages liable until the Contractor makes such delays good.
However, the Nigam shall accept bankable security in lieu of retaining such amount.

15.6 If the Contractor is given extension of time after liquidated damages have been
paid, the Engineer in Charge shall correct any over payment of liquidated
damages by the Contractor in the next payment certificate.

15.7 In the event the Contractor fails to make good the delay until completion of the
stipulated contract period (including extension of time) the sum so retained shall
be adjusted against the liquidated damages levied.

16. Contractor's quoted percentage

The Contractor’s quoted percentage rate referred to in the "Bid for works" will
be deducted/ added from/to the net amount of the bill after deducting the cost of
material supplied
C. Quality Control
17. Supervision-

All the quality control works would be carried out under the Supervision and Quality
Control Consultant appointed by JSCL. All the works have to be certified by the
consultant before execution.

17.1 Tests

17.11 The Contractor shall be responsible for:


Page 46 of 92
a. Carrying out the tests prescribed in specifications, and

b. For the correctness of the test results, whether preformed in his laboratory
or elsewhere.

c. Quality of the work/item done in the contract.

Please refer Sheet No. 8 for Tests to be performed by Contractor

17.12 The contractor shall have to establish field laboratory within the time specified
and having such equipments as are specified in the Contract Data.

17.13 Failure of the Contractor to establish laboratory shall attract such penalty as is
specified in the Contract Data.

18. Correction of Defects noticed during the Defect Liability Period

18.1 The Defect Liability Period of work in the contract shall be as per the Contract
Data.

18.2 The Contractor shall promptly rectify all defects pointed out by the Engineer well
before the end of the Defect Liability Period. The Defect Liability Period shall
automatically stand extended until the defect is rectified.

18.3 If the Contractor has not corrected a Defect pertaining to the Defect Liability
Period to the satisfaction of the Engineer/Quality Control Supervisor , within the
time specified by the Engineer/Quality Control Supervisor, the Engineer/Quality
Control Supervisor will assess the cost of having the Defect corrected, and the cost of
correction of the Defect shall be recovered from the Performance Security or any
amount due or that may become due to the contractor and other available
securities.

D. Cost Control

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

19.1 The JSCL shall have power to make any alterations, omissions or additions to or
substitutions in the original specifications, drawings, designs and instructions, that
may appear to him to be necessary during the progress of the work and the
contractor shall carry out the work in accordance with any instructions which may
be given to him in writing signed by the Engineer-in- charge, and such alterations,
omission, additions or substitutions shall not invalidate the contract and any
altered, additional or substituted work, which the contractor may be directed to
do in the manner above specified, as part of the work, shall be carried out by the
contractor on the same conditions in all respects on which he agrees to do the main
work.

Page 47 of 92
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 Assistant Engineer, Executive Engineer 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, the
rate shall be arrived at by applying the quoted tender percentage on the SOR
rate.

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

d. If the rates for the altered, substituted work cannot be determined in the
manner specified in the sub clause (c) above - then the rates for such
composite work item shall be worked out on the basis of the concerned
Schedule of Rates minus/plus the percentage quoted by the contractor.

e. If the rates for a particular part or parts of the item is not in the Schedule of
Rates and the rates for the altered, or substituted work item cannot be
determined in the manner specified in sub clause (b) to (d) above, the rate
for such part or parts will be determined by the Competent Authority as
defined in the Contract Data on the basis of the rate analysis derived out of
prevailing market rates when the work was done.

f. But under no circumstances, the contractor shall suspend the work on the
plea of non-acceptability of rates on items falling under sub clause (a) to
(d). In case the contractor does not accept the rate approved by the
Engineer in Charge for a particular item, the contractor shall continue to
carry out the item at the rates determined by the Competent Authority. The
decision on the final rates payable shall be arrived at through the dispute
settlement procedure.

Page 48 of 92
22. No compensation for alterations in or restriction of work to be carried out.

22.1 If at any time after the commencement of the work, the JSCL, for any reason
whatsoever, not require the whole or any part of the work as specified in the bid to
be carried out; the JSCL shall give notice in writing of the fact to the Contractor and
withdraw that whole or any part of the work.

22.2 The Contractor shall have no claim to any payments or compensation whatsoever,
on account of any profit or advantage which he might have derived from the
execution of work in full or on account of any loss incurred for idle men and
machinery due to any alteration or restriction of work for whatsoever reason.

22.3 The JSCL may supplement the work by engaging another agency to execute such
portion of the work, without prejudice to his rights.

23. No Interest Payable

No interest shall be payable to the Contractor on any payment due or awarded by


any authority.

24. Recovery from Contractors

Whenever any claim against the Contractor for the payment arises under the
contract, the JSCL may be entitled to recover such sum by:

(a) Appropriating, in part or whole of the Performance Security and


Additional Performance Security, if any; and/or Security Deposit and / or any
sums payable under the contract to the contractor.
(b) If the amount recovered in accordance with (a) above is not sufficient, the
balance sum may be recovered from any payment due to the contractor
under any other contract of the Nigam, including the securities which become
due for release.
(c) The JSCL 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 quoted by the Contractor shall be deemed to be inclusive of the
commercial tax and other levies, duties, cess, toll, taxes of Central and State
Governments, local bodies and authorities.

25.2 The liability, if any, on account of quarry fees, royalties, octroi and any other taxes and
duties in respect of materials actually consumed on public work, shall be borne by
the Contractor.

25.3 Any changes in the taxes due to change in legislation or for any other reason shall
not be payable to the contractor.

26. Check Measurements


Page 49 of 92
26.1 The Nigam reserves to itself the right to prescribe a scale of check
measurement of work in general or specific scale for specific works or by other
special orders. 100% measurement of work done shall be recorded or checked by
concerning Assistant Engineer of the Contract work and 10% measurement of
contract amount shall be checked by Executive Engineer of the Contract work.

26.2 Checking of measurement by superior officer shall supersede measurements by


subordinate officer(s), and the former will become the basis of the payment.

26.3 Any over/excess payments detected, as a result of such check measurement or


otherwise at any stage up to the date of completion of the defect liability period
specified in this contract, shall be recoverable from the Contractor, as per clause
24 above.

27. Termination of Contract

27.1 If the Contractor fails to carry out any obligation under the Contract, the Executive
Director/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 Executive Director 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’ s 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 JSCL may, upon giving 14 days’ notice to
the Contractor, terminate the Contract and expel the Contractor from the Site.

Page 50 of 92
However, in the case of sub-paragraph (b) or (g) of clause 27.2, the Executive
Director may terminate the Contract immediately.

27.4 Notwithstanding the above, the Executive Director may terminate the Contract
for convenience by giving notice to the Contractor.

28. Payment upon Termination

28.1 If the contract is terminated under clause 27.3, the Engineer shall issue a
certificate for value of the work accepted on final measurements, less Advance
Payments and Penalty as indicated in the Contract Data. The amount so arrived at
shall be determined by the Engineer and shall be final and binding on both the
parties.

28.2 Payment on termination under clause 27. 4 above -

If the Contract is terminated under clause 27.4 above, the Engineer shall issue a
certificate for the value of the work done, the reasonable cost of removal of
Equipment, repatriation of the Contractor's personnel employed solely on the
Works and the Contractor's costs of protecting and securing the Works and less
advance payments received up to the date of the certificate, less other recoveries
due in terms of the contract and less taxes due to be deducted at source as per
applicable law.

28.3 If the total amount due to the Employer exceeds any payment due to the
Contractor, the difference shall be recovered as per clause 24 above.

29. Performance Security

The Contractor shall have to submit performance security and additional


performance security, if any, as specified in the Bid Data Sheet at the time of signing
of the contract. The contractor shall have to ensure that such performance security
and additional performance security, if any, remains valid for the period as specified
in the Contract Data.

30. Security Deposit

30.1 Security Deposit shall be deducted from each running bill at the rate as specified in
the Contract Data. The total amount of Security Deposit so deducted shall not
exceed the percentage of Contract Price specified in the Contract Data.

30.2 The security deposit may be replaced by equivalent amount of bank guarantee or
fixed deposit receipt assigned to the Employer, with validity up to 3 (three) months
beyond the completion of Defect Liability Period/ extended Defect Liability Period.

30.3 The Security Deposit shall be refunded on completion of Defect Liability Period.

31. Price Adjustment

Page 51 of 92
31.1 Applicability

1. Price adjustment shall be applicable only as per Contract Data.

2. The price adjustment clause shall apply only after the 12 (twelve) months from
the date of signing of the agreement (as per clause 23.2 of ITB) and shall apply
only on the remaining part of the work i.e. the work amounting unexecuted after
deducting the amount of work scheduled to be executed in aforesaid twelve
months from the contract value. Further, it is clarify that in case when time
extension is granted due to any reason whatsoever it may be with or without
penalty, the price adjustment shall not be applied for this extended period of
time. The price adjustment shall apply only for the remaining period after 12
months (remaining period of 6 months in this contract) i.e. after deducting initial
twelve months from the stipulated time period of contract. Base month for the
price adjustment shall be 12th (Twelfth) month from the date of signing of
agreement.

3. In the Force Majeure event the price escalation clause shall apply.

31.2 Procedure

1. Contract price shall be adjusted for increase or decrease in rates and price of
labour, materials, fuels and lubricants in accordance with following principles
and procedures and as per formula given in the contract data.

2. The price adjustable shall be determined during each quarter after the
twelfth month from the date of signing of agreement as per 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 aforesaid quarter.

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


Data.

31.3 To the extent that full compensation for any rise or fall in costs to the contractor is
not covered by the provisions of this or other clauses in the contract, the unit rates
and prices included in the contract shall be deemed to include amounts to cover
the contingency of such other rise or fall in costs.

31.4 The index relevant to any quarter, for which such compensation is paid, shall be
the arithmetical average of the indices relevant of the calendar month.

31.5 For the purpose of clarity it is pointed out that the price adjustment may be either
positive or negative, i.e. if the price adjustment is in favour of the Employer, the
same shall be recovered from the sums payable to the Contractor.

Page 52 of 92
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 Executive Director shall make interest bearing advance payment to
the contractor of the amounts stated in the Contract Data, against provision by the
contractor of an unconditional Bank Guarantee in a form and by a
nationalized/ scheduled banks, in the name as stated in the Contract Data, in
amounts equal to the advance payment. The guarantee shall remain effective until
the advance payment has been repaid, but the amount of the guarantee shall be
progressively reduced by the amounts repaid by the contractor.

32.3 The rate of interest chargeable shall be as per Contract Data.

32.4 The construction machinery advance, if applicable, shall be limited to 80% of the
cost of construction machinery and admissible only for new construction machinery.

32.5 The advance payment shall be recovered as stated in the Contract Data by
deducting proportionate amounts from payment otherwise due to the Contractor.

No account shall be taken of the advance payment or its recovery in assessing


valuations of work done, variations, price adjustments, compensation events, or
liquidated damages.

33. Secured Advance

33.1 Payment of Secured Advance shall not be applicable.

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

34. Payment Certificates

The payment to the contractor will be as follows for construction work:

(a) The Contractor shall submit to the Engineer monthly statements of the value
of the work executed less the cumulative amount certified previously,
supported with detailed measurement of the items of work executed.

(b) The Engineer shall check the Contractor’s monthly statement and certify
the amount to be paid to the Contractor.

(c) The value of work executed shall be determined, based on the


measurements approved by the SQC and Engineer.

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

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

Page 53 of 92
(f) All payments shall be adjusted for deductions for advance payment,
security deposit, other recoveries in terms of contract and taxes at source
as applicable under the law.

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

(h) Payment of intermediate certificate shall be regarded as payments by way of


advance against the final payment and not as payments for work actually
done and completed.

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

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

E. Finishing the Contract

35. Completion Certificate

35.1 A Completion Certificate in the prescribed format in Contract Data shall be


issued by the Nigam after physical completion of the Work.

35.2 After final payment to the Contractor, a Final Completion Certificate shall be
issued in the prescribed format as given in the Contract Data .

36. Final Account

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

Page 54 of 92
36.2 In case the account is not received within 21 days of issue of Certificate of
Completion as provided in clause 35.1 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. Labour

38.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for
their payment, housing, feeding and transport.

38.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in
detail, in such form and at such intervals as the Engineer may prescribe,
showing the staff and the numbers of the several classes of labour from time to
time employed by the Contractor on the Site and such other information as the
Engineer may require.

39. Compliance with Labour Regulations

39.1. During continuance of the Contract, the Contractor and his sub-Contractors shall
abide at all times by all existing labour enactments and rules made there under,
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that
may be passed or notification that may be issued under any labour law in future
either by the State or the Central Government or the local authority. Salient
features of some of the major labour laws that are applicable to construction
industry are given in the Contract Data. The Contractor shall keep the Employer
indemnified in case any action is taken against the Employer by the competent
authority on account of contravention of any of the provisions of any Act or rules
made their under, regulations or notifications including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be necessary to cause
or observe, or for non-observance of the provisions stipulated in the
notifications/byelaws/Acts/Rules/ regulations including amendments, if any, on
the part of the Contractor, the Engineer/Employer shall have the right to deduct
from any money due to the Contractor including his amount of performance
security. The Employer/Engineer shall also have right to recover from the Contractor
any sum required or estimated to be required for making good the loss or damage
suffered by the Employer. The employees of the Contractor and the Sub-Contractor
in no case shall be treated as the employees of the Employer at any point of time.

40. Audit and Technical Examination

Page 55 of 92
Nigam/Government shall have the right to cause an audit and technical
examination of the works and the final bill of the contract including all supporting
vouchers, abstract etc. to be made after payment of the final bill and if as a result of
such audit and technical examination any sum is found to have been overpaid in
respect of any work done by the contractor under the contract or any work claimed
by him to have been done under the contract and found not to, have been
executed, the Contractor shall be liable to refund the amount of overpayment and
it shall be lawful for Nigam 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 Nigam/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 JSCL Jabalpur is satisfied about the competence of the
survivors, then the M.D., JSCL Jabalpur shall enter into a fresh agreement for the
remaining work strictly on the same terms and conditions under which the contract
was awarded.

42. Jurisdiction

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

[End of GCC]

Page 56 of 92
Contract Data
GCC
Clause Particulars Data

1.14 Employer Executive Director, Jabalpur Smart City


Limited (Jabalpur).
1.15 Engineer Jabalpur Municipal Corporation

1.16 Engineer in Charge Jabalpur Municipal Corporation

1.22 Stipulated Period of 3 (Three) months, excluding rainy seasons


Completion
3 Language & Law of Contract English & Indian Contract Act 1872

4 Address & contact details of As per 'Annexure-H'


the Contractor

Address & contact details of


the Employer – Jabalpur Smart City Limited (Jabalpur).
9826658651
Phone, Fax, e-mail.

5 Subcontracting permitted for Yes


the Contract Value

6 Technical Personnel to be As per 'Annexure-I' (Format I-3)


provided by the contractor

Penalty, if Technical Rs. Thirty thousand per month for each


Personnel not employed Graduate Engineer and
Rs. Eighteen thousand per month for each
Diploma Engineer

Page 57 of 92
GCC
Clause Particulars Data

7 Specifications As per 'Annexure - E'


Drawings As per 'Annexure - N'
8 Competent Authority for Executive Director, Jabalpur Smart City Limited
(Jabalpur).
deciding dispute under
Dispute Resolution System
Appellate Authority for Executive Director, Jabalpur Smart City Limited
(Jabalpur).
deciding dispute under
Dispute Resolution System
9 Period for submission of (a) Every 1 months or
updated construction program (b) at the end of every milestone, whichever is
less

Amount to be withheld for @ 1 % (one) percent of contract amount,


not submitting construction subject
program in the prescribed period to a maximum of Rs. 50,000/-.

10 Competent Authority for Executive Director, Jabalpur Smart City Limited


(Jabalpur).
granting Time Extension
e-mail : JSCL_2006@yahoo.co.in
11 Milestones laid down for the Yes
contract
If Yes, details of Milestones As per 'Annexure - O' or
as below, if not mentioned in Annexure -O:
Mile Stone 1:-
1/8th of the whole work before 1/4th of the
whole time allowed has elapsed,
Mile Stone 2:-
3/8th of the whole work before 1/2th of the
whole time allowed has elapsed
Mile Stone 3:-
3/4th of the whole work before 3/4th of the
whole time allowed has elapsed
Liquidated damage Mile
As perStone 4:- - P'
'Annexure
12 List of equipment for lab complete work -within
As per 'Annexure Q' the stipulated time

Time to establish lab 30 days from date of signing of the Agreement


Penalty for not establishing 1% of Contract Amount per month,
field Laboratory subject to a maximum of Rs. 50,000/- per month of
delay

Page 58 of 92
13 Defect Liability Period 5 Years from the date of completion of contract work

To execute, complete and maintain works in


accordance with agreement and special
conditions of contract (SCC) after issue of
physical completion certificate as per
"Annexure-U"
Note: in accordance with clause 18.3 (GCC), the
Engineer in Charge shall intimate the contractor about
the cost assessed, for making good the defects, and If
the contractor has not corrected defects, action for
correction of defects shall be taken by the Engineer in
Charge as below:
(a) deploy departmental labour and material or
(b) engage a contractor by issuing a work order at
contract rate/SOR rate
or
(c) sanction supplementary work in a existing
agreement to a contractor for zonal works or similar
other work
or
(d) invite open tender or
(e) combination of above

Please refer Sheet No. 6 :- Quality assurance,


maintenance manual Jabalpur
Executive Director, and ScopeSmart
of work during
City defect
Limited
14 Competent Authority for
liability period and performance guarantee period
determining the rate (Jabalpur).

Any other condition for Yes as below:


breach of contract If the contractor fails to achieve 50%
financial progress in any milestone and
15
/or
fails to achieve 75% financial progress
in two consecutive mile stones

Page 59 of 92
Contract Data
GCC
Clause Particulars Data
16 Penalty Penalty Shall include :
(a) Security deposit as per clause 30 of General
Conditions of Contract, and
(b) Liquidated Damages imposed as per clause 15 or
Performance Security (Guarantee) including
Additional Performance Security (Guarantee), if any,
as per clause 29 of General Conditions of Contract,
whichever is higher
Performance guarantee Three months beyond the completion of Defect
17 (Security) shall be valid up to Liability Period (Maintenance Guarantee Period)

Security Deposit to be At the rate of 5% of Gross Amount of Running


deducted from each running Bill
18 bill
Maximum limit of deduction 5% of Final Contract Amount.
of Security Deposit
19 Clause 31.1(1) Price As per Annexure R and as below:
adjustment shall be applicable (a) The price Adjustment shall apply only in respect of
Cement, Steel, Bitumen and POL components.
(b) Price Adjustment shall be applicable
Clause 31.2.4 Weightages of Percentage of Component in the work
Component in the work Road Bridge Building
Component
Work Work Work
Cement - P c 0 22.5% 18%
Steel - P s 0 7.5% 13%
Bitumen - P b
15% 0 0
POL - Pf 7.5% 5% 5%

20 Clause 32.1 Mobilization and Yes


Construction Machinery
Advance Applicable

Clause 32.2 If yes, Yes


Unconditional Bank Guarantee
Clause 32.3 If yes, Rate of 10%
interest chargeable on advances

Page 60 of 92
Contract Data
GCC
Clause Particulars Data

Clause 32.4 If yes, Type & 10%


Amount of Advance payment that can be paid
Clause 32.5 If yes, Recovery of advance Yes as mentioned
payment

21 Clause 33.1 Secured Advance Applicable Not Applicable

Clause 33.2 if yes, Not Applicable


Unconditional Bank
Guarantee
Clause 33.2 if yes, Not Applicable
Amount of Secured Advance
Clause 33.3 if yes, Not Applicable
Conditions for secured advance
Clause 33.4 if yes, Recovery Not Applicable
of Secured advance
Completion Certificate –
after physical completion of the Work As per 'Annexure - U'
Final Completion Certificate
22 – after final payment on completion of the As per 'Annexure- V'
Work
Competent Authority Executive Director,
23 Jabalpur Smart City Limited
(Jabalpur).

Salient features of some of


24 the major labour laws that are applicable As per 'Annexure-W'

Page 61 of 92
ANNEXURE – N
(See clause 10 of Section 3 -GCC )

Drawings
Note : Drawings are annexed

Page 62 of 92
ANNEXURE – O
(See clause 15 of Section 3 -GCC )

Details of Milestone
Refer Clause 15 of GCC

Page 63 of 92
ANNEXURE – P
(See clause 15 of Section 3 –GCC)

Compensation for Delay

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

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


consideration

— 2.5% of the work remained unexecuted in the related time span.

ii. Slippage exceeding 25% but Up to 50% in financial target during the
milestone under consideration

- 5% of the work remained unexecuted in the related time span..

iii. Slippage exceeding 50% but Up to 75% in financial target during the
milestone under consideration

-7.5% of the work remained unexecuted in the related time span..

iv. Slippage exceeding 75% in financial target during the milestone under
consideration

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

Note: For arriving at the dates of completion of time span related to different
milestones, delays which are not attributable to the Contractor shall be
considered. The slippage on any milestone is if made good in subsequent
milestones or at the time of stipulated period of completion, the amount retained
as above shall be refunded. In case the work is not completed within the
stipulated period of completion along with all such extensions which are granted to
the Contractor with penalty, the compensation shall be levied on the contractor at
the rate of 0.05% of contract value per week of delay limited to a maximum of 10%
of contract price.

The decision of Executive Director shall be final and binding.

ANNEXURE – Q

Page 64 of 92
(See clause 17 of Section 3 –GCC)

List of Equipment for Quality Control Lab

1. Providing and maintaining fully equipped laboratory for testing and site
office at his own cost during the complete project period and nothing extra
shall be payable on this account, including the supply of testing equipment
and consumables; all as prescribed in the relevant specifications. After
establishment of such laboratory the contractor shall get it approved by SQC
and Engineer. The list of minimum required equipments is shown below –
1. Set of I .S. sieves
2. Liquid Limit Apparatus
3. Compaction Limit Apparatus
a) For I. S .Light Compaction
b) For I.S. heavy Compaction
4. C.B.R. Apparatus
5. Compression Testing Machine, Capacity 5 Tones.
Part II Test on Aggregates
1. Indian Standard sieves for aggregates.
2. Apparatus for determining Angularity Number.
3. Compression Testing Machine, Capacity 50 tonnes.
4. Aggregate Crushing value Apparatus.
5. Los Angeles Abrasion Machine.
6. Aggregate Impact Test Machine.
7. Length and Thickness Gauges

Part V Test on Cement and Cement Concrete and Flexible Pavement:


1. Vicat apparatus for testing setting times 1 set
2. Slump testing apparatus 2 sets
3. Needle Vibrator 2 No.
4. Air Meter 1 No.
5. Bitumen Extractor 2 No’s
Note:

The items and their numbers listed above in this Clause shall be decided by the Engineer’s/
SQC Consultant as per requirements of the Project and modified accordingly.

Page 65 of 92
ANNEXURE - R
(See clause 31 of Section 3 –GCC)

Price Adjustment

The formulas for adjustment of price are as follows:

R= Value of work as defined in Clause 31.2(3) of General Conditions of Contract

Weightages* of component in the work

Percentage of
S.No Component component in the work
1 Cement - P c To be calculated for the period defined in earlier pages/clauses
2 Steel - P s To be calculated for the period defined in earlier pages/clauses
3 Bitumen - P b To be calculated for the period defined in earlier pages/clauses
4 POL - P f To be calculated for the period defined in earlier pages/clauses

* Weightages of various components of the work shall be as determined by the


competent technical sanction authority.

Adjustment for cement component

(ii) Price adjustment for increase or decrease in the cost of cement procured by the
contractor shall be paid in accordance with the following formula:

Vc= 0.85 x P C /100 x R x (C 1 -C 0 )/C 0

V c= increase or decrease in the cost of work during the month under


Consideration due to changes in rates for cement.

C o= The all India wholesale price index for Grey cement on the 12th month
after signing the contract, as published by the Ministry of Industrial
Development, Government of India, New Delhi.
(www.eaindustry.nic.in)

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

Page 66 of 92
Pc= Percentage of cement component of the work

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

Adjustment of steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by
the Contractor shall be paid in accordance with the following formula:
V s= 0.85 x P S x /100 x R x (S 1 -S 0 )/S 0

V s = 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
12th month after signing the contract, as published by the
Ministry of Industrial Development, Government of India, NewDelhi
(www.eaindustry.nic.in)

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

P s= 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


th
nearest center on the 12 month FROM signing the contract .

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.

Page 67 of 92
Adjustment of POL (fuel and lubricant) component

(v) Price adjustment for increase or decrease in cost of POL ( fuel and lubricant)
shall be paid in accordance with the following formula:

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

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


under consideration due to changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing
th
consumer pumps of IOC at nearest center on the 12 month from
signing the contract

Fi = The official retail price of HSD at the existing consumer pumps of


IOC at nearest center for the 15th day of month of the under
consideration.

Pf = Percentage of fuel and lubricants component of the work.

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

Page 68 of 92
Annexure – S
(See clause 32 of Section 3 –GCC)

Bank Guarantee Form for Mobilization and Construction Machinery Advance

To,

…………………………… (name of Employer)

…………………………… (address of Employer)

…………………………… (name of Contractor)

In accordance with the provisions of the General Conditions of Contract, clause


31 ("Mobilization and Construction Machinery Advance") of the above-
mentioned Contract …………………………… (name and address of Contractor)
(hereinafter called "the Contractor") shall deposit with ................................. (name
of Employer) a bank guarantee to guarantee his proper and faithful performance
under the said Clause of the Contract in an amount of …………………….. (amount
of Guarantee)* …………………………… (in words).

We, the …………………… (bank of financial institution), as instructed by the Contractor,


agree unconditionally and irrevocably to guarantee as primary obligator and not as
surety merely, the payment to ………………. (name of Employer) on his first demand
without whatsoever right of obligation on our part and without his first claim to the
Contractor, in the amount not exceeding ……………… (Amount of guarantee)*
……………………………….. (In words).

We further agree that no change or addition to or other modification of the terms of


the Contractor or Works to be performed there under or of any of the Contract
documents which may be made between …………………… (Name of Employer) and the
Contractor, shall in any way release us from any liability under this guarantee, and
we hereby waive notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance
payment under the Contract until ……………………. (Name of Employer) receives full
repayment of the same amount from the Contractor.

Yours truly,

Signature and Seal :- ………………….


Page 69 of 92
Name of Bank/Financial Institution :- ………………….

Address : ………………………………………………...

Date :- …………………………..

* An amount shall be inserted by the Bank of Financial Institution representing the amount
of the Advance Payment, and denominated in Indian Rupees.

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

Page 70 of 92
Annexure – U
(See clause 35 of Section 3 –GCC)

Physical Completion Certificate

Name of Work:

……………………………………………….…………………………………………………

……………………………………………….…………………………………………………

……………………………………………….…………………………………………………

Agreement No. ………..……………..…………. Date ………………………..……………..

Amount of Contract Rs. ………………………………………………………………….…….

Name of Agency : ………………………………………………………………………….…

Used MB No. ------------------------------------

Last measurement recorded

1. Page No & MB No. …………………………..

2. Date ……………………….

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

Date of issue

Chief executive officer Executive Engineer

…..................................... ………………………

…..................................... ………………………

…..................................... ………………………

Page 71 of 92
Annexure – V
(See clause 35 of Section 3 –GCC)

Final Completion Certificate

Name of Work:

……………………………………………….…………………………………………………

……………………………………………….…………………………………………………

……………………………………………….…………………………………………………

Agreement No. ………………………………………….… Date……………………………

Name of Agency : ……………………………………………………………………………

Used MB No. ----------------------------------------

Last measurement recorded

1. Page No & MB No. …………………………..

2. Date ……………………….

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

Agreement amount Rs. …………………..

Final Amount paid to contractor Rs. ---------------------- Incumbency of officers for the work

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

Date of issue

Chief executive officer Executive Engineer

…..................................... ……………………….

…..................................... ……………………….

…..................................... ……………………….

Page 72 of 92
Annexure – W
(See clause 39 of Section 3 –GCC)

Salient Features of Some Major Labour Laws Applicable

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

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

c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for
monthly contributions by the Employer plus workers at the rate prescribed (say,
10% or 8.33%). The benefits payable under the Act are:

i. Pension or family pension on retirement or death as the case may be. ii.
Deposit linked insurance on the death in harness of the worker.

iii. Payment of P.F. accumulation on retirement/death etc.

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

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

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

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

Page 73 of 92
h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for
work of equal nature to male and female workers and for not making discrimination
against female employees in the matters of transfers, training and promotions etc.

i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing
prescribed minimum (say, 20) or more workmen. The Act provides for payments of
annual bonus within the prescribed range of percentage of wages to
employees drawing up to the prescribed amount of wages, calculated in the
prescribed manner. The Act does not apply to certain establishments. The newly set-
up establishments are exempted for five years in certain circumstances. States may
have different number of employment size.

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

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


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

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

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

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


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

o) The Building and Other Construction workers (Regulation of Employment and


Conditions of Service) Act 1996 and the Cess Act of 1996: - All the establishments
Page 74 of 92
who carry on any building or other construction work and employs the prescribed
minimum (say, 10) or more workers are covered under this Act. All such
establishments are required to pay cess at the rate not exceeding 2% of the cost of
construction as may be modified by the Government. The Employer of the
establishment is required to provide safety measures at the building or construction
work and other welfare measures, such as canteens, first-aid facilities, ambulance,
housing accommodations for workers near the work place etc. The Employer to
whom the Act applies has to obtain a registration certificate from the Registering
Officer appointed by the Government.

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

Page 75 of 92
SECTION 3
Part – II Special Conditions of Contract [SCC]

1. Royalty clearance certificate from the concerned Mining Department of the concerned
District is must before preparation of Final Bill or Affidavit of source of purchase of
material consumed in the work in accordance with compliance of Hon’ble High Court
Jabalpur will also be accepted for clearing of final bill subjected to verification of
Affidavit from concerned mining branch of the district. Please refer MP PWD Order No.
F/23/4/19 dated 03.02.2003

2. Supervision and Quality Control SQC consultant will be appointed by JSCL for the
supervision and quality control related work under the contract project. The contract
work will be executed on the General arrangement drawings and designs prepared/
approved Nigam’s authorized Engineer’s shall also be supervising the contract work and
the contractor(s) shall make available to the SQC consultant full access to the site of
work and the site-testing laboratory and Contractor and their representative will have to
be present during such supervision and inspections. All instruction given by the SQC
consultant shall be followed in full and compliance done.

3. Mobilization Advance – Mobilization advance not exceeding 10% (Ten percent) of the
tendered contract against equal amount of bank Guarantee value may be given, if
requested by the contractor in writing, within one month of the order to commence the
work. Such advance shall be paid in two instalments to be determined by Executive
Director, JSCL, at his sole discretion. The first instalment of such advance shall be
released to the contractor on the request made by the contractor. The second
instalments shall be released only after the contractor furnishes a proof of the
satisfactory utilization of the earlier instalment of Mobilization advance is released, the
contractor shall submit a Bank Guarantee Bond from Schedule Bank for the amount of
advance. This shall be renewed from time to time to cover the balance amount and
likely period of complete recovery, together with interest.

4. Interest and Recovery of mobilization advance: The mobilization advance as above will
bear a simple interest at the rate of 10% (Ten percent) per annum, and shall be
calculated from the date of payment to the date of recovery, both days inclusive, on the
outstanding amount of advance. Recovery of such advance shall be made by the
deduction from the contractor’s bills.

5. For delay in execution of the project the compensation to SQC shall be payable by
the contract agency. The amount of compensation shall be decided by MD JSCL
Jabalpur in the light of the claim raised by SQC.

Page 76 of 92
6. The tenderer shall acquaint himself with the proposed site of work, its sub soil
strata, soil investigation reports, underground water tables and its approach roads
before quoting his rates. The construction of any diversion road or repair of any
existing diversion and its maintenance during the execution of the work shall all be
carried out by the tenderer for which no extra payment would be made to him.
The contractor shall furnish the detail programme for completion of work within 15 days
from the date of issue of work order. He will also submit the monthly progress report of
the work done.

If, for any reasons, any part of the site is not available temporarily for some time, for
part of the work under the contract, the agreed construction schedule shall be suitably
modified and contractor shall diligently divert his men and materials to utilize them
appropriately, profitably and no claim of damages whatsoever shall be entertained on
this account. However, the contractor shall be allowed extension of time for completing
the work as deemed fit by the competent authority. The contractor shall also not be
entitled for any compensation for any loss suffered by him and revision in the rates
quoted by him:-

1. On account of delay in commencing the work by the contractor.

2. On account of reduction in the scope of work.

3. On account of suspension of work or abandoned after award of work.

1. The contractor shall make his own arrangement for obtaining electric
connection required for execution of work and make necessary
payments directly to the concerned departments and nothing extra
shall be payable on this account. The contractor shall make his own
arrangement for water required for construction

Subletting shall be allowed only for specialized works like Electrical, Water supply work such
as overhead tank, with prior intimation/permission of MD JSCL, Jabalpur, but the Principal
contractor shall not be relieved of any responsibilities as per agreement.

1. The water for construction work shall be got tested quarterly from the laboratory
stalled at site and approved by the Engineer’s and SQC agency to ensure its
suitability for construction. The charges for these tests and related arrangements
shall be borne by the Contractor. In the event of water found unsuitable for
construction, the contractor shall make alternative arrangement for suitable water
from any other source to the satisfaction of the Engineer’s and SQC agency.
However, the contractor shall not be paid any extra on this account.
Page 77 of 92
2. On account of security consideration, some restrictions may be imposed by the
security staff on the working movement of men and materials etc. The contractor
shall be bound to follow all such restrictions/ instructions and he shall organize his
work accordingly. No claim on this account, whatsoever, shall be entertained.
3. The contractor shall take all precautions to avoid accidents by exhibiting necessary
caution boards day and night, speed limit boards, red flags, red lights and providing
barriers. He shall be responsible for all damages and accidents caused to existing/
new work due to negligence on his part. No hindrance shall be caused to traffic
during the execution of the work. The contractor will have to work out and take
approval of any diversion plan needed for execution of work from appropriate
authority.

4. The contractor shall take all preventive measures against any damage caused by
rain, snowfall, floods or any other natural calamity, whatsoever during the execution
of the work. The contractor shall be fully responsible for any damage to the Owners
property and to the work for which the payment has been advanced to him under
the contract. This will also cover the defect liability period. Nothing extra on this
account shall be payable to the contractor on this account.

5. The work shall be carried out, complying in all respects, with the requirements of
relevant bye-laws of the local body under the jurisdiction of which the work is to be
executed, specifications, condition of contract, drawings or as directed by the
Engineer’s and SQC consultant.

6. The contractor shall comply with proper and legal orders and directions of the local
or public authority or municipality and abide by their rules and regulations and pay
all fees and charges which are liable to be paid.

7. All materials to be incorporated in the work shall be arranged by the contractor and
shall be in accordance with the specifications laid down and as directed by the
Engineer’s and SQC consultant.

8. The contractor shall submit samples of material to the JSCL Engineer and SQC
consultant for approval. Such samples of materials which affect aesthetics of the
work shall also be got approved from the Engineers and SQC consultant of the
project before procuring bulk supplies. These approved samples shall be preserved

Page 78 of 92
and retained in the custody of the Engineer’s and SQC agency as standards of
materials till the completion of the work. The cost of such samples shall be borne by
the Contractor and nothing shall be payable on this account over the Agreement
rates.

9. In order to ensure quality of work during its execution the contractor shall be
required to get all the necessary mandatory and other tests as per MORTH
specifications / IS codes, carried out on materials / work from the site laboratory as
per the direction of the Engineer’s and SQC consultant. The cost of all material,
testing charges and conveyance from the site may be borne by the contractor. In
addition to it, JSCL shall conduct a random of 10% tests as instructed by Engineer’s
and SQC agency, which shall be conducted at JEC Jabalpur or VNIT Nagpur or in
MPPWD Lab or in LUN Lab or other Government or Semi Government lab as
instructed by Engineer’s and SQC agency and the cost of the same shall be borne by
contractor. Test can also be conducted at PWD NABL lab in addition to above.

10. In case any material at work is found sub-standard the same shall be rejected by the
Engineer’s and SQC consultant representative and the same shall be removed from
the site of work within 48 hours, failing which the same shall be got removed by the
Engineer’s and SQC agency at the risk and cost of the contractor without giving any
further notice and time.

11. Cement
1. The contractor shall procure 43 grade (conforming to IS: 8112)/53 grade
Ordinary Portland Cement only as required for the work from the reputed
manufacturers of cement, i.e. from A.C.C., Ultratech, J.K., or Birla only.
Supply of cement shall be taken in 50 kg bags bearing manufacturers name
and ISI marking. Samples of cement arranged by the contractor shall be taken
by the Engineer’s and SQC agency and got tested in accordance with
provisions of relevant IS codes. In case test results indicate that the cement
arranged by the contractor does not conform to the relevant IS codes, the
same shall stand rejected and shall be removed from the site by the
contractor at his own cost within a week‘s time of written order from the
Engineer’s and SQC agency, to do so. Portland Pozzolana Cement will not be
permitted.
2. The cement shall be brought at site in not less than 25 tones lots.

12. The contractor shall procure steel reinforcement bars TMT-FE-415/500 (Thermo
Page 79 of 92
Mechanically Treated bars) conforming to relevant IS codes IS- 32, IS- 1139 and IS-
1786 from SAIL, TISCO, VIZAG RINL, GOYAL, ZINDAL, AMBA, SURYA. Structural steel
of main Producer only shall be permitted for use. The contractor shall have to obtain
and furnish test certificates to the Engineer’s and SQC agency in respect of all
supplies of steel brought by him to the site of work. Samples shall also be taken and
got tested by the Engineer as per the provision in this regard in relevant IS codes. In
case the test results indicate that the steel arranged by the contractor does not
conform to BIS codes the same shall stand rejected and shall be removed from the
site of work by the contractor at his cost within a week's time from the written
orders from the Engineer’s and SQC agency to do so. The cost of steel, testing
charges and to & fro cartage shall be borne by the contractor.

The steel reinforcement shall be stored by the contractor at site of work in such a way as to
prevent distortion and corrosion and nothing extra shall be paid on this account. Bars of
different sizes and lengths shall be stored separately to facilitate easy counting and checking
at any time as and when desired by the Engineer’s and SQC agency.

13. Service Tax on above contract shall be liability of Contractor/Contract Agency only.

14. Signboard size 2’ x 4’ in angle Iron 50 x 50 x 5 mm MS sheet i/c civil work Painting,
Writing work as per direction of Nigam shall be supplied and installed at site free of
cost before start of work. Location of signboard shall be decided by Nigam.

15. Necessary test report on the expense of Contractor performed by Govt. Deptt./Semi
Govt. Deptt./ Engg. College/Govt. Polytechnic College, Jabalpur will be accepted
before preparation of bill in addition to field test to be conducted at work site by
own installed lab of Contract agency.

16. Proof of purchase of cement bags and bitumen & its consumption duly certified by
concerned AE and SQC is must along with running bills.

17. Security deposit deducted from bills shall be refunded as per special terms and
condition for defect liability and maintenance period from the date of completion.
Rectification of defects of contract work i /c maintenance shall be responsibility of
contractor during five years period. 50% amount will be refundable after 3 years and
50% amount will be refundable after 5 years period subject to satisfactory
completion of performance guarantee and defect liability work duly verified by SQC
and client.

18. The contractor shall be responsible for completing the work and for satisfying all
terms and conditions of the Contract without any extra payment over his quoted
Page 80 of 92
rates unless otherwise specified. The contractor shall quote his rate for various items
of work accordingly and no claim whatsoever shall be entertained for any incidental
or extra work involved in the execution of the work as per nomenclature of the item
and the specifications indicated in the tender documents.

19. The contractor shall provide, at his own cost instruments for surveying, weighing and
measuring purpose at the site of work as may be necessary for execution of the
work.

20. The Contractor shall conduct Total Station Survey of the site, including, Bench
Marking Pillars, DTM, GTS Bench Triangulation, 3d-Polylines, etc., as per IRC-SP-19,
IRC-5 and MORT&H specifications and soil investigations as required. The contractor
shall get the methodology and output model approved by the SQC Consultant. The
survey shall include validation wherever required. The contractor shall use Digital
GPS if required; Total Station based Method for layout of proposed work including
vertical profiling as per approved Design and Drawings.

21. Extension of time in Consequence of Alterations

The time for the completion of the work shall be extended in the proportion of the
work altered or added.

22. Rates for works/items Not in Bill of Quantities

a) During the execution of work there is likelihood of such items of work which
do not find place in the bills of quantities for which the contractor has not
quoted his rates. On such items, rates printed in SORs (MPPWD for Road and
Bridge works w.e.f 06.06.2016; MPPHED for Water Supply works and
sewerage system w.e.f 01.06.2016. & MP PWD building works SOR w.e.f
01.08.2014 ; MP PWD Electrical SOR w.e.f 01.08.2014, and JSCL Jabalpur SOR
of year 2014-15 with all amended upto date of issue of NIT). Execution of
extra items will be binding on the contractor. The item, rate and unit
mentioned in relevant SORs’ shall be binding for execution. The above or
below shall be applicable as per quoted percentage in bid.

b) If during the course of execution where it is found necessary that certain


item/items of work are not provided in the B.O.Q. require to be carried out
then the Engineer shall identify such item/items including approximate
quantity of the work and ask the contractor to submit his rates in writing
supported by the requisite data within a period of 7 days. The Engineer-in-
Charge shall obtain approval/modification of the proposed rate from the
Executive Director and communicate the same to the contractor. Rates as
fixed by the Executive Director then they shall form a part of the
supplementary schedule of the contract agreement. The contractor will not
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however be entitled to any compensation due to delay or hindrance or loss
or profit accruing on account of this extra work be executed.

The quantities of any item in the Bill of Quantities are approximate indicate the
extent of work, which may vary to any extent and may even, be omitted, thus
altering the aggregate value of contract. The JSCL reserve rights to increase/decrease
the amount of contract value up to 10% (Ten Percent). and further that, with mutual
consent works may be increased up to 25%. No claim shall be entertained on this
account.

23. Contractor has to set up a central site office suitably located in project area at his
own cost making it accessible from all the work area. The site office shall have
computer facilities with required configuration, numbers and accessories.

24. The Contractor shall have to provide and maintain furnished temporary Site Office
minimum 50 sqm area for the Staff of the Nigam and SQC consultant at his own cost,
it shall include all items like Electric Supply, electrical Fittings, internal Partitions,
Telephone, Lights, Fans, Air Coolers, Drinking Water Facilities, etc. The Site Office
with all required Furniture fittings shall be the property of Contractor and same shall
be removed by the contractor on completion of the Works.

25. 3 Android Mobile phones (preferable Group Mobiles service with billing limits of Rs
3,000 pm for 3 mobiles) shall be provided and maintained by the contractor at his
own cost during full Construction Period for the JSCL Officials supervising the project.

26. Submission of Completion Drawings/as built drawings and Coloured photographs of


completed works in Hard + Soft Copy. Any other item as directed by the SQC
consultant including appropriate Indemnity and Insurance policies as specified and
as required.

27. All stipulated measures regarding labour employment and their welfare are to be
complied with. Contractor will pay the minimum wages to workers according to the
rates fixed by Collector, Jabalpur

28. Cleaning of site before handing over of the Works; to the JSCL.

29. The Nigam shall provide the right-of-way for road and other works to the contractor.
However, the contractor shall have to make his own arrangements for the land
required by him for borrow areas, quarries, ancillary site offices except central,
installation of Plants, crusher, casting yard, testing laboratories, including labour
camps, other camps, etc.

30. JSCL reserve the right to change the location of works to be constructed.

31. Traffic Management and Safety


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a) The Traffic Management Plan shall be evolved in close co-ordination with
SQC consultant and. Suitable precautions shall be taken to ensure safety of
Road Users and work Personnel during execution by all proper means.

b) The contractor shall prepare traffic diversion plan and provisions for smooth
flow of traffic during execution at site.

c) The Contractor has to arrange for complete safety of the persons working for
the project, users of the Road, i.e. Public and vehicles. The contractors
Personnel shall ensure the safety by provision of Traffic Diversion where ever
necessary by using diversion signs, traffic drums traffic cones, blinkers, safety
tapes, and thermoplastic paint markings etc. securing the area of work from
traffic flow. No extra payment shall be given for the same.

d) For night working, necessary florescent Marking on Traffic Signs/barricading


to be provided that it should be visible at night. The safety in charge
Personnel shall be provided with florescent jackets. Proper illumination of
the work site shall be ensured by the contractor during night working.

32. Insurance

The Contractor shall provide, in the joint names of the JSCL and the Contractor,
insurance cover from the Start Date to the end of the Defects Liability Period, in the
amounts and deductibles stated in the Contract Data for the following events which
are due to the Contractor’s risks:

a) Loss of or damage to the Works, Plant and Materials and equipment;


b) Loss of or damage of property (except the Works, Plant, Materials and
Equipment) in connection with the Contract; and

Policies and Certificates for Insurance shall be delivered by the Contractor to the
MD-JSCL before the Start Date. All such insurance shall provide for compensation to
be payable in the types and proportions of currencies required to rectify the loss or
damage incurred.
If the Contractor does not provide any of the policies and certificates required, the
MD-JSCL may affect the insurance which the Contractor should have provided and
recover the premiums the MD has paid from payments otherwise due to the
Contractor or, if no payment is due, the payment of the premiums shall be a debt
due.
Alterations to the terms of insurance shall not be made without the approval of the
M.D., JSCL Jabalpur.

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33. The Contractor shall take photographs of site prior to the commencement of work,
during construction fortnightly and at the end of Completion of Work and shall
submit soft and hard copies to the JSCL, Jabalpur.

34. DI pipes, shall be supplied at site after third party inspection at manufacturing plant.
The third party quality agencies such as RITES or SGC. The payment to third part
quality agency shall be borne by the contractor.

Page 84 of 92
BOQ
PAYMENT BREAKUP SCHEDULE
OF NMT
PAYMENT BREAKUP SCHEDULE
CONSTRUCTION OF NMT LANE

SNo. Item Percentage Cumulative


cost percentage

Excavation-Excavation for roadway in soil including loading in truck for


01 carrying of cut earth to embankment site with all lifts and lead upto1000
metres and as per relevant clauses of section-300 3% 3%
Earthwork for NMT Widening of road work for sub grade
02 5% 8%
material
Construction of Hard Shoulder with approved material/selected soil
having CBR >12 i/c excavation all lifts & leads i/c grading to required
slope & camber of 4% and compacting using vibratory roller of 80 to 100
kN static weight to meet requirement as per relevant clause of 400.

03 GSB ( granular sub-base) 10% 18%


Construction of granular sub-base by providing coarse graded material,
spreading in uniform layers with on prepared surface, mixing by mix in
place method at OMC, and compacting with vibratory roller to
achieve the desired density, complete in all respect and as per relevant
clauses of section- 400.Grade III
04 Water Bound Macadam 20% 38%
Providing, laying, spreading and compacting stone aggregates of specific
sizes to water bound macadam specification including spreading in
uniform hand racking, rolling with vibratory roller 8-10 tonnes in stages to
proper grade and camber, applying and booming requisite type of reining/
binding materials to fill up the tices of coarse and compacting to the
required density and as per relevant clauses of section-400
05 Primer Coat 12% 50%
Providing and applying primer coat with bitumen emulsion on prepared
surface of granular Base including clearing of road surface and spraying
primer at the rate of 0.75 kg/sqm using mechanical / Manual means and
as per relevant clauses of section 502.
06 Tack Coat 10% 60%
Providing and applying tack coat with bitumen emulsion using emulsion
pressure distributor on the prepared bituminous / granular surface
cleaned with mechanical broom and as per relevant clauses of section
503.
'@0.25 kg per sqm ….

07 Open-Graded Premix Surfacing 10% 70%


Providing, laying and rolling of open-graded premix surfacing of 20mm
thickness composed of 13.2mm to 5.6mm aggregates using 60/70 grade
bitumen to required line, grade and level to serve as wearing course on a
previously prepared base, including mixing in hot mix plant, laying with
paver finisher and rolling with a smooth wheeled roller 8-10 tonne
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capacity, finished to required level and grades excluding primer and tack
coat and as per relevant clauses of section-511.

08 Seal Coat 5% 75%


Providing and laying seal coat sealing the voids in a bituminous surface
laid to the specified levels, grade and cross fall using Type A and B seal
coats and as per relevant clauses of section-513 with bitumen.
( ii) Type B (Premixed Seal Coat with hot mix plant
& paver finisher) ( ii) Type B (Premixed Seal Coat with hot mix plant
& paver finisher)

09 M20 Wheel Guard/ boundary pillars 10% 85%


Providing and laying Plain/Reinforced cement concrete (mixed in
concrete mixture) in open foundation including form work shuttering etc.
complete as per drawing and technical specifications and as per relevant
clauses of sections 1500, 1700 & 2100 With RCC Grade M20 with 20 mm
maximum size of Aggregate
Wheel Guard
STEEL
Supplying, fitting and placing HYSD bar reinforcement in sub-structure
10% 95%
complete as per drawing and technical specifications and as per relevant
clauses of sections 1600.
NMT Marking
11 Painting lines, dashes, arrows etc. on roads in two coats on new work
5% 100%
with ready mixed road marking paint conforming to IS:164 on bituminous
surface, including cleaning the surface of all dirt, dust and other foreign
matter, demarcation at site and traffic control as per relevant clauses of
section-800 & I.R.C.-67

Note:-

1. Above Percentage Break-up will be applicable to price quoted in BOQ-Schedule for


above Work. Payment of work executed, in accordance with the break-up will be
made.

Notes :

1. Rates and Item printed in Concerning SOR’s in BOQ shall be final and binding for
execution. There might be typographical mistake.

2. Rate and Item mentioned in Non SOR items in BOQ in this Bid shall be final and
binding for the execution of work.

3. Tender rate approved either below or above will be applicable either below or above
will be applicable for above items.

Page 86 of 92
SECTION 5
AGREEMENT FORM
AGREEMENT

This agreement, made on the ……………. Day of …………………………… between ……………..


(name and address of Employer) (hereinafter called " the Employer) and ……………… (name
and address of contractor) hereinafter called "the Contractor" of the other part.

Whereas the Employer is desirous that the Contractor execute …………………… (and
identification number of Contract) (hereinafter called "the Works") and the Employer has
accepted the Bid by the Contractor for the execution and completion of such Works and the
remedying of any defects therein, at a cost of Rs. ………………………………………

NOW THIS AGREEMENT WITNESSED AS FOLLOWS :

1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to and they
shall be deemed to form and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the Works and remedy any defects therein in conformity in all aspects with
the provisions of the contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and the remedying the defects wherein Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.

4. The following documents shall be deemed to form and be ready and construed as part of
this Agreement viz.
i. Letter of Acceptance
ii. Contractor's Bid

iii. Condition of Contract: General and 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.

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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 ……………………………………

Sheet : 3

Page 88 of 92
Sheet : 4
Proforma for Application for Extension
of Time Period
PROFORMA FOR APPLICATION FOR EXTENSION OF TIME PERIOD

1. Name of the Contractor :

2. Name of the work as given in the agreement :

3. Agreement no :

4. Estimated tender amount :

5. Date of commencement of work as per :

Agreement

6. Period allowed for completion of works as :

Per agreement
7. Date of completion stipulated in agreement :

8. Period for which extension of time has been :

given previously
9. Reasons for which extensions have been :

previously given.(Copies of the previous

extensions to be attached).

10. Period for which extension is applied for :

11. Hindrances on account of which extension :

is applied for with dates on which

hindrances occurred and the period for which

these are likely to last.

1.Serial no :
2.Nature of hindrance
3.Whether contractor is responsible for delay: :
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4.Date of occurrence :
5.Period for which it is likely to last :
6.Period for which extension required :
for this particular hindrance
7.Overlapping period if any, with :
8.Reference to item(e) above :
9.Net extension applied for :
10. Amount of penalty i/e to be levied if contractor is responsible for delay. :
11. Extension of time required for extra work :

12. Details of extra works and amount involved

1.Total value of extra works :


2.Proportionate period of extension of time :
on estimated amount put to tender.
Total extension of time required for 11) & 12):

Signed by SQC Consultant


Signed by Assistant Engineer
Signature of Contractor
Date:

Sheet: 5

Page 90 of 92
Sheet : 6
1. Quality Assurance and maintenance manual-

A. To ensure the specified quality of the work, the contractor shall prepare a quality
assurance plan within one month from the date of work order.

B. The contractor shall also prepare and submit a maintenance manual giving
procedure for maintenance with the periodicity of maintenance works including
inspection, tools and equipments to be used. The manual shall be submitted
within the contract period.

2. Scope of work during Defect Liability Period and Maintenance -

A. The Specification shall apply to all items of road maintenance works as required
to be carried out under the contract or as directed. The work shall be carried out
in conformity with relevant specifications to the required levels, grade and lines
using approved materials. In execution of maintenance works, a reference is
made to the “IRC publications manual for maintenance of Roads” and MORT&H
Specifications for guidance and compliance, wherever applicable. Wherever the
specification is not clear good engineering practice shall be adopted in the
construction/maintenance to the satisfaction of the Engineer.

3. Defect liability and Maintenance period shall be of 60 (sixty) months,

The scope of work for Road, Drain, Culvert, Water Supply Works, 33 Kv, 11 KV
Electric Line, 33/11 KV Substation, Street Light, and Plantation during 5 years period
shall be as follows:

1. The cost of maintenance and rectification of defects shall be deemed to be


included in tender and no extra shall be paid.

2. Upkeep and repairing of road pavement and side shoulders, rain cuts, cutting of
grass etc. at regular intervals and immediately after defects seen/informed.

3. Re-check top and side levels at the interval of 3 (three) months and any
deterioration or change in slope should be rectified within a period of one
month.

4. Cleaning road side drains monthly.


a) Keeping the sign boards and other traffic aids and furniture in good
conditions.
b) Maintenance of road side Drains, culverts, plantation, water supply works,
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etc.
c) Pot holes, patch repair, rectification of settlement of bituminous pavement.

The scope of work for Water Supply works during this period shall be as follows:

1. Complete Maintenance & Repair of all Mechanical Equipments, Pipe line, OH Tank,
Sump Well etc. will be done by Contractor for the time period of 5 year (five year).

2. Complete Maintenance & Repair of Sealant of contraction, longitudinal or expansion


joints and leakage of OH etc. will be done by Contractor till the end of defect liability
period.

3. Any defect, Shrinkage or other fault appear in works during the defect liability period
of 60 months, after certificate of completion issued to contractor, due to defective or
improper material or workmanship, the contractor on receipt of the written notice shall
make good the defect at his own expense. In case of default, the same would be made
good at the expense of the contractor, to be adjusted from any outstanding dues or the
performance guarantee available with the Nigam.

4. Any Delay or inconvenience caused by delay in carrying out repairs/


Defect Removal will be assessed by the Nigam and penalties not exceeding Rs. 75,000/-
(Rupees Seventy Five Thousand only) Per month be imposed during a period of
noncompliance for maintenance and defect liability.

Page 92 of 92

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