office of the executive engineer - mpmandiboard.gov.inmpmandiboard.gov.in/tender/tend1233.pdf ·...

Page No. 1

OFFICE OF THE EXECUTIVE ENGINEER

Madhya Pradesh State Agricultural Marketing Board

Regional Office Bhopal

ITEM RATE TENDER DOCUMENTS

FOR

NAME OF WORK : ...................................

LOCATION : .............................

PROBABLE AMOUNT OF CONTRACT (Rs.) ............ Lakh s

MADHYA PRADESH STATE AGRICULTURAL

MARKETING (MANDI) BOARD

Page No. 2

S. No. ______________


Madhya Pradesh State Agricultural Marketing Board

Regional Office Bhopal

N.I.T.

NAME OF WORK : .........................................................

ESTIMATED COST : ................ Lacks

EARNEST MONEY : ................/- Rs.

PLACE OF WORK : ............................

Page No. 3

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Page No. 4

INDEX S.No. CONTENTS PAGE No.

01 Notice Inviting Tender -- ---to ----

02 Annexure “A” Model Rules Relating to Labour, Water supply and Sanitation in

labour camps

-- ---to ----

03 Annexure “B” Contractor’s labour regulations

-- ---to ----

04 Annexure “C” Statement showing the Lead of Materials

-- ---to ----

05 Annexure “D” Form of certificate of Income Tax to be submitted by contractor

tendering for woks costing Rs. 2.00 lakhs or more.

-- ---to ----

06 Annexure “E” Specification of the work

-- ---to ----

07 Item rate tender for works ( farm “B” PWD)

-- ---to ----

08 Annexure “F” Schedule of items to be executed.

-- ---to ----

Certified that this N.I.T. contains page ----- to -----

EXECUTIVE ENGINEER

M.P. Agriculture Marketing Board Bhopal Division Bhopal

Page No. 5


BHOPAL DIVISION BHOPAL

Chapter 2 DETAILED NOTICE INVITING TENDERS

1. Tender Document issued to M/s /Shri ………....................................................................... 2. Due date of receipt of tender ....................................…………..........(Date)up to 5:00 PM. 3. Name of Work and Location .............................................................

4. Probable Amount of contract Rs ............................ Lacks 5. Amount of earnest money deposit Rs. .................../- 6. Cost of tender documents Rs. ...................../- 7. Money Receipt Number and date

Vide which cost of tender documents deposited………………………………………………… 8. Time allowed for completion : 02 Months. Of work (including / excluding rainy season from the

Date of issue of order to commence the work) 9. Work to be done on Schedule of Rates (As per details given in Para 2.1 of N.I.T.)………………………………………………………. Date : ...........................

EXECUTIVE ENGINEER M.P. Agriculture Marketing Board Bhopal

Division Bhopal

Page No. 6

(APPENDIX 2.10)

OFFICE OF THE EXECUTIVE ENGINEER BHOPAL DIVISION BHOPAL

DETAILED NOTICE INVITING TENDERS

( In Form B)

Date of issue of N.I.T. : ………………………… Date of Receipt of Tender : …………………………… 1 INTRODUCTION :

Sealed item rate tenders are invited on behalf of the M.P. State Agricultural Marketing Board for the following work in form ‘B’ and will be received at the office of the Executive Engineer Mandi Board Regional office Bhopal 3.00 PM on dated ............................. from the Contractors registered in C & above category .

The tenderer, whose tender is accepted and is not r egistered in the

Madhya Pradesh State Agricultural Marketing Board ( MPSAMB) will have to get himself registered in the appropriate category with in 15 days after the acceptance of tender and before the execution of ag reement .

1.1.1 Name of Work : - .................................................. 1.1.2 Amount of Estimate Rs ................... Lacks 1.1.3 Probable amount of Contract ................. Lacks

1.1.4 Amount of earnest money Rs .................../-

1.1.5 Time allowed for completion 02 months Including rainy season from the date of

written order to commence the work.

The electrical work shall be executed only through the contractors who posses proper valid A class electric license from the Chief Electrical Advisor to the Government. He should also attach a copy of the license.

Not more than one tender shall be submitted by a contractor or by a firm of contractors.

Two or more concerns in which an individual is interested as a proprietor and/or partner shall tender form the execution of the same work. If they do so, all such tenders shall be liable to be rejected.

The Chief Engineer, Mandi Board shall be accepting officer hereinafter referred to as such for purpose of this contract.

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Application issue of tender document shall be submitted to the Executive Engineer Mandi Board Regional office Bhopal as to reach the office not later than dated ………………….. upto 5.00 PM

The Tender documents consisting of plans specifications, schedule(s) of quantities of the various classes of work to be done, the conditions of contract and other necessary documents, together with addressed envelopes to be used for return of forms and other documents will be open for inspection and issued for sale on payment of Rs. ……………. on before ……………… up to 5.00 PM .

The copies of the drawings and documents pertaining to the work signed for the purpose of identification by the accepting officer or his accredited representative and samples of materials to be arranged by the contractor will be open for inspection by tenders at the following office during working hours between the dated mentioned in clause 1.7 above.

1.9 The structural and architectural drawings shall at all time be properly correlated

before executing any work. However, in case of any discrepancy in the terms given in the schedule of quantities appended with the tender and architectural drawings relating to the relevant item, the former shall prevail unless and otherwise given in writing by the Engineer-in-charge.

1.10 Approval by the Engineer in Charge, of the drawings shall not relieve the contractor of

any part of his obligation to meet all the requirements of the contract or of the correctness of the drawings. The Contractor shall be responsible for and pay for all alterations of the works due to discrepancies or omission in the drawings or other particulars supplied to him whether such drawings have been approved by the Engineer in charge or not.

1.11 The intending tenderer are requested to go through architectural drawings mentioned

on page No. ___ . These drawings are available in the Office of Executive Engineer Mandi Board Regional office Bhopal. The architectural drawings show the type of building to be constructed, stories, plant and machineries and other architectural features. No claim whatsoever shall be entertained for the same and also for lack of information on this account, which the tenderer is expected to have.


Division Bhopal

Page No. 8

2.0 RATES: 2.1 THE SCHEDULE OF ITEMS

The schedule of main items of work to be executed is enclosed as Annexure(F)

2.2.1 Item rate tenders in form ‘B’ in respect if item rate tender contractor shall quote his

rate for the items mentioned in the schedule of item in Annexure of N.I.T. only rates quoted shall be considered. The rates shall be expressed in figures as well as words and the unit shall be as given by the Department. The contractor will not have the freedom to change the unit

2.2.2 Rate quoted in the tender for the various items of work will not be altered by the contractor during the time of contract.

2.3 Lead and lift of water – No lead and lift for carting of water will be paid. Contractor

should arrange water for construction himself. 2.4 Lead and lift of materials – No lead and lift for carting of materials shall be payable to

the contractor. 2.5 Non Schedule items of work – During the execution of the work there is likelihood of

such items of work, which do not find place in the current schedule of rates, referred to above in respect of percentage rate contractors or such items which are given in the schedule of items in respect of items contractors for which contractor has not quoted for his rates. Contractor will have to carry out these items of work.

2.5.1 Rates of such items of work which do not find place in the current schedule of Rates

of such items of work referred to above, in respect of percentage rate contractors or such items in respect of item rate contractors shall be decided by the Executive Engineer and the decision of the Chief Engineer, Mandi Board shall be binding on the contractor. The quantum of such work will not exceed 20% of amount of contract unless accepted by the department and the contractor. Note - If there is any difference between the percentage in words and figures written in the tender form by the contractor the lesser of the two will be treated as valid. If the contractor is not ready to accept the percentage so fixed in the above manner and declines to do the work earnest money deposit of the contractor shall be forfeited.

3.0 SUBMISSION OF TENDER 3.1 Form of Earnest Money Deposit : The amount of earnest money deposit shall be

accepted in one of the following prescribed forms:-

(i) National Saving Certificates duly pledged by the Post Office in favour of The Executive Engineer, M.P. State Agricultural Marketing Board, Division, Bhopal (M.P.)

(ii) Term Deposit Receipt / Fixed Deposit Receipt of any scheduled bank valid upto the validity of tender and duly pledged in favour of The Executive Engineer, M.P. State Agricultural Marketing Board, Division, Bhopal (M.P.)

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(iii) Demand Draft in favour of The Executive Engineer, M.P. State Agricultural Marketing Board, Division, Bhopal (M.P.) of any scheduled bank on its local branch.

3.2 Tenderer shall submit tenders in 3 cover system either by registered post or speed

post. Tenders received through courier shall not be accepted. Tenders received after

the specified time after entering into inward register shall be returned to the

tenderers.

• Cover ‘A’ shall contain – Earnest Money Deposit.

• Cover ‘B’ shall contain – Technical Qualifications of Tenderer in the formats

given in Annexure ‘A’.

• Cover ‘C’ shall contain – Detailed item wise financial proposal with complete set

of Tender Documents.

Note- Demand draft of any scheduled bank on its local branch being the cost of tender

documents downloaded from website shall be enclosed in a separate cover which shall be

opened before opening Cover ‘A’.

3.3 Cover ‘B’ shall be opened only if the earnest money deposit kept in cover ‘A’ is found

in accordance with the prescribed mode as mentioned in Clause 3.1 of the NIT.

Otherwise the tender shall be returned unopened to the tenderer.

Cover ‘C’ shall be opened of those tenderers only who technically qualify for the

work.

3.4. Eligibility Criteria :-

A tenderer shall technically qualify for the work only if he fulfills all the criterion mentioned hereunder :-

3.4.1. Tenderer must have executed work costing twice the cost of this work in the last

three years upto the date of issue of NIT.

3.4.2 Tenderer must have executed one work of similar nature which should not be less than 50% cost of this work in any of the last three years up to the date of issue of NIT. For this purpose value of the work shall be assessed on the basis of payment received by the contractor for the said work. Similar nature of work is clarified as under:- (i) Building work – Construction of civil structures which will also include shed, godown, platform, boundary wall, RCC over head tank, etc. (ii) Road work - Construction of road including culverts. (iii) Electrification - All electric work. (iv) Bridge work - All bridge work. As a proof of value of the work executed details of payment received should be submitted in the following format : (i) Name of Department ……………(ii) Name of work …………………………. (iii) Estimated cost …………………(iv) Tendered rate …………………………… (iv) Total cost with tendered rate …… (vi) Work order No. & date ….…………

Page No. 10

S. No. Running A/c Bill No.

Gross Amount

Deductions Net Payment

Payment Details Cheque

No & Date

Name of Bank & Branch

1 2 3 4 5 6 7 Total

3.4.3. Cost of on going works with the tenderer plus the cost of this work should not exceed the value

of work for which he is capable of executing as per category of his registration. 3.4.4. In case of work of more than Rs. 2.00 (two) crore, tenderer must produce documentary

evidence of possession of at least 50% of the construction equipments mentioned in Annexure ‘E’ and ‘K’ and must undertake to procure the remaining equipments on award of the contract. For the work less than Rs. 2.00 (two) crore, the tenderer has to either furnish a certificate/proof regarding possession of the required equipments or must undertake to the effect that he will ensure procurement and deployment of all required equipments at the site and these will remain there till the completion of the work.

3.4.5. Tenderer must have technical personnel as per Annexure ‘J’ and ‘N’ on his roll or must

undertake to provide such staff on award of the contract. 3.4.6. Tenderer must have not been involved grossly in litigation cases. 3.4.7. Tenderer must not have left any work incomplete wherein action under clause 3 of contract

was taken against him in the last three years. 3.4.8. In case of work of more than Rs. 2.00 (two) crore the tenderer will be technically qualified only if his available bid capacity is found equal to the probable amount of contract. The available bid capacity will be calculated as under:-

Available Bid Capacity = (A x N X 2.00 – B)

Where :-

A- Maximum value of turnover in civil engineering works executed in any one year during the last three years {updated to price level of the last year (in which contact is to be awarded) at the rate of 8 (eight) percent a year}.

N- No. of years prescribed for the present contract. (Period up to 6 months to be taken as half year and more than 6 months and up to 12 months as one year)

B- Value of balance works of existing contract commitments. 3.4.9 For the purpose of determining the bid capacity of such tenderer, who is registered on the basis of retired engineers, following limits shall be applicable:-

• For category A-4 and A-5 the bid capacity should be Rs. 4 crore and 10 crore respectively as per provisions of M.P.P.W.D.

• For the rest of the categories the bid capacity shall be equivalent to the limit prescribed for the eligibility of the concerned category.

3.4.10 The tenderer mentioned in clause 3.4.10, shall also be exempted from the

eligibility criteria mentioned in this clause regarding execution of similar nature of work, turn over and execution of quantities.

Page No. 11

3.5 Relationship : - The contractor shall not be permitted to tender for the work if his near relative is posted in the Mandi Board. He shall also intimate the name of persons who are working with him in any capacity or subsequently employed by him and who are near relative to any executive officer in the Mandi Samiti. Any breach of this condition by the contractor would render himself liable to be removed from the approved list of contractors of M.P. State Agricultural Marketing Board, - Bhopal (M.P.).

Note - By the term near relative is meant wife, husband, parents, son, grandson, brothers, sisters, brother-in-laws, sister-in-laws, father-in-law and mother-in-law.

3.6 The tender for the works shall be witnessed by a contractor. Failure to observe this condition shall render the tender of the contractor liable to rejection. 4.0 OPENING AND ACCEPTANCE OF TENDER : - 4.1 Place and Time of Opening: - The cover A & B shall be opened on dated

…………………… at ……………..AM/PM by The Executive Engineer, M.P. State Agricultural Marketing Board, Division, Bhopal (M.P.) in the presence of the tenderers or their duly authorised agents who may choose to attend. The Executive Engineer, M.P. State Agricultural Marketing Board, Division, Bhopal (M.P.), under unavoidable circumstances, may depute another officer in his absence to open tenders on his behalf. Cover ‘C’ shall be opened on the date and time notified by the Executive Engineer, M.P. State Agricultural Marketing Board, Division, Bhopal (M.P.) to all the technically qualified tenderers.

4.2 Powers of M.P. State Agricultural Marketing Board: M.P. State Agricultural

Marketing Board is not bound to accept or recommend for the acceptance to the competent authority the lowest or any tender or to give any reason for his decision.

4.3 Conditional Tender : Percentage Rate of any conditional tender shall not be taken in

record and the tender shall be returned to the tenderer along with the earnest money deposit.

4.4 Canvassing : Canvassing for support in any form for the acceptance of any tender is

strictly prohibited. Any tenderer doing so will render him self liable to penalties which may include removal of his name from the register of approved contractors or penal action under section-8 of the M.P. Vinirdishtta Bhrasta Acharan Nivaran Adhiniyam 1982.

4.5 Tender Documents: The tender shall be rejected if tender documents are not

properly sealed. Photocopy of valid solvency certificate of Rs………. Lakh , commercial tax

clearance certificate and permanent account number of income tax shall also be enclosed with the tender documents. Certified copy of TIN issued by commercial tax department and PAN issued by income tax department shall also be enclosed with tender document

Note :- Bank Solvency Certificate shall not be required for work costing upto Rs. 2 lakh 4.6 Authority of Mandi Board : The authority competent to accept a tender reserves the

right of accepting the tender for the whole work or for a distinct part of it, or distributing the work between one or more tenderers.

Page No. 12

The competent authority reserves the right to reject the tenders without assigning any reason.

4.7 Validity of Offer : 4.7.1 The tender shall remain valid and open upto 120 days from the date of its receipt.

Note 1- The tenders wherein negotiation is considered necessary the validity of

tender shall stand extended automatically by 30 days over and above the period of validity as aforesaid.

Note 2- In the event of the tenderer withdrawing the offer before the aforesaid period, for any reason, whatsoever, earnest money deposited with the tender shall be forfeited by The Executive Engineer, M.P. State Agricultural Marketing Board, Division, Bhopal (M.P.) .

4.7.2 In the event tenderer withdrawing his offer before the expiry of the period of validity of

offer or failing to execute the contract agreement as required by the clause 8.1 of the notice inviting tender (NIT) will not be entitled to tender for this work in the case of recall of tenders and he shall also be debarred for tendering for the next one year.

5.0 SPECIFICATION 5.1 Brief Specification – A brief note on specification of the work is enclosed in

Annexure-E. 5.2 Material of Construction – The material of construction to be used in the work be

governed by the provision of part-V of the National Building Code of India, 1970 , the relevant Indian Standard Specification and the relevant Indian Electricity rule with amendments and revisions issued upto the date of tender notice.

5.3 Workmanship – The work shall carried out according to the specification referred

hereinafter and according to sound engineering practice, the decision of the Executive Engineer in respect of workmanship will be final.

5.4 Specification for building works – ( including water supply and sanitary fittings) 5.4.1 The contractor shall executive the work in conformity with the standards and

procedure laid down in the National Building Code of India, 1970 and as per C.P.W.D. specifications or ISI specification in force, or special specification whenever enclosed separately( ………. TO ………. ), and in accordance with the approved drawings.

5.5 TESTING MATERIALS

a) Samples of various materials involved in items, required for testing shall be provided free of charge by the contractor himself. The cost of packing, sealing, transportation, loading, unloading and testing charges etc. of samples shall be borne by the contractor.

Page No. 13

b) The contractor shall produce all the materials in advance so that there is sufficient time for testing and approving of the materials and clearance before use in works.

c) With view to avoid controversy about quality of cement concrete as revealed in

the test results of 7 days cubes falling short of the prescribed standards by over 10 % to 20% and pending testing of balance 3 cubes for 28 days as final confirmatory acceptance tests, crushed samples of cement concrete from the failed 7 days cubes should be preserved in sealed bag.

d) In case of concrete and reinforced concrete work, the contractor shall be required

to make arrangement for carrying out crushing strength tests at his own cost. He shall render all assistance for the preparation of cubes, safe custody of the same, proper curing and carriage up to the laboratory where the test is to be performed. The cubes test can be performed at any laboratory approved by the Engineer-in-charge.

5.6 SPECIFICATION OF ELECTRICAL WORKS. ELECCTRICAL ERECTION:

The electrical installation shall generally be carried out as per requirements of IS and IER as amended up to date and latest regulations of the State Electricity Board/Undertaking. The scope will cover the laying of interconnecting cables between switchboard, various motors, safety cutouts, installation of switchboard ets as follows.

a) Armoured aluminium PVC cables of conforming to ISS shall be used. b) Cables above ground shall be either fixed on walls or inrays with necessary clamps,

bolts etc. c) Wherever necessary junction boxes and isolators of appropriate size near each motor

of air handling units shall be provided and installed. d) Necessary interlocking arrangement shall be provided between the starters of

condenser water pump motors and compressor motors. Selector switches shall be provided in the interlocking so that any compressor can run when any pump set is running.

e) Busbar chamber shall be of 400 Amps rating with suitable size of Aluminium strips 4 f) Nos. for R.Y.B. and neutral mounted on insulators. g) Connections both ends of the cables shall be made with necessary glands, lugs cable

compound as required. J) The contractor will take the responsibility of obtaining approval of all the electrical

installation done by him, for the Electrical Inspector or any other competent authority (if required) . Any modification or alteration, suggested by the authority will have to be carried out by the Contractor without any extra charges.

5.6.1 Electrical Erection work will be carried out as per the approved drawing and as

directed by the Executive Engineer. The work will be governed by ‘General Specification’ for the Electrical works in Government buildings in Madhya Pradesh in

Page No. 14

force from 1972 and as per latest Indian Electric Rules along with latest I.S. Codes for Industrial Electric work.

5.6.2 All samples of electrical accessories should be got approved from the Engineer-in- Charge. Contractor will have to arrange and afford all facilities for their inspection and rectify the defects pointed out by them. 5.6.3 The period of testing and refund of deposit will be 6 months after completion of work. 5.6.4 The contractor should submit wiring diagram on tracing cloth showing the point

position switch, length of point, position of D.B. and main switch circuit No. in which points fall at time of final bill. Otherwise deduction of ½% (half percent) will be made from the bill.

5.6.5 Supply of Material :

Material Supplied by M.P. State Agricultural Marketing Board: – No material shall be supplied by the department.

6.0 MISCELLANEOUS CONDITOINS

6.1 The contractor shall make his own arrangements for obtaining electric connections, if

required, and make necessary payments directly to the department concerned. 6.2 Other agencies doing works related with this project will also simultaneously execute

the work and the contractor shall afford necessary facilities for the same. The contractor shall leave such necessary hole, opening etc. for laying/burying in the work pipes, cables, conduits, clamps, boxes and hooked for fan clamps etc. as may be required for other agencies. Conduits for electrical wiring cables will be laid in a way that they leave enough space for concreting and do not adversely affect the structural members. Nothing extra over the agreement rates shall be paid for the same.

6.3 Some restrictions may be imposed by the security staff etc on the working and for

movement of labor, materials etc. The contractor shall be bound to follow all such restrictions/instructions and nothing extra shall be payable on this account.

6.4 The Contractor shall indemnity the Executive Engineer against all claims in respect of patent rights, design trade marks of name or other protected rights in respect of any plant , machine, work or material used for or in connection with works or temporary works and form and against all claims, demands, proceedings, damage, costs, charges and expenses whatsoever in respect thereof or in relation thereto. The Contractor shall defend all actions arising from such claims, and shall himself pay all royalties license fees, damages, costs and charges of all and every sort that may be legally incurred in respect there of. 6.5 The full nomenclature of the items shall be adopted in preparing abstract of final bill

in the measurement book and also in the bill form for final bill. 6.6 The work in items of internal finishing should be started as soon as the structure of

two floors is completed.

Page No. 15

6.7 All the material to be used on works shall bear ISI certifications mark unless otherwise is specified in the item or special conditions appended with this tender document. In case ISI mark materials or the materials mentioned in the tender documents are not available, as per opinion of Engineer-in-charge, which shall be final, the material to be used shall conform to PWD specifications applicable in this tender or IS code. In such cases Engineer-in-charge shall satisfy himself about the quality of such materials and give his approval in writing. Only articles classified, as first quality by the manufactures shall be used unless otherwise specified. All materials not having ISI mark shall be tested as per relevant ISI specifications. The Engineer-in-charge may release the conditions regarding testing if the quantity of the materials required for the work is small. In all cases of used of ISI marked materials, proper proof of procurement of materials from authentic manufactures shall be provided by the contractor to the entire satisfaction of Engineer-in-charge.

6.8 All material equivalent to the one specified should be got approved by the Engineer-

in-Charge before using the said materials in the work. 6.9 Any damage to work resulting from rains or from any other causes until the work is

taken over by the Department after completion of work shall be made good by the contractor, at his own cost.

7.0 MATERIALS BROUGHT BY THE CONTRACTOR . 7.1 The day-to-day receipt and issue quantity account of Cement bags in mix Disigen

work shall be maintained by the Junior Engineer and signed daily by the contractor or his authorized agent.

7.2 Empty bages should not be removed without the written permission of the Engineer-

in-charge.

7.3 Subletting – The contractor shall not without the prior approval of the competent authority in writing, sublet or assign to any other party or parties, the whole or any portion of the work under the contract. Where such approval is granted, the contractor shall not be relieved of any obligation or duty or responsibility which he undertakes under the contract.

7.4 Taxes – All dues regarding taxes, including the sales tax, other duties etc. levied on

the contractor work by government and local bodies or private individuals will be payable by the contractor. The Engineer-in-charge will grant a certificate for the quantities actually used for the work but will not entertain any claim on this account. Even then in income tax, commercial tax and other tax, if any, will be deducted as per rules and orders of Central/State government from the bills of the contractor.

7.5 Rules of Labour Camps – The contractor will be bound to follow the Madhya Pradesh

Model Rule relating to lay-out , water supply and sanitation on labour camps ( Annexure-A) and the provision of the National Building Code of India in regard to construction and safety.

7.6 Fair Wages – The contractor shall pay not less than fair wages to labourers engaged by him on the works ( rules enclose vide Annexure-B)

Page No. 16

7.7 Works in the Vicinity – The Executive Engineer reserves the right to take up departmental work or to award on contract in the vicinity without prejudice to the terms of contract.

7.8 Removal of Undesired persons- The contractor shall on receipt of the requisition from

the Executive Engineer at once remove any person employed by him on the work who if in the opinion of the Executive Engineer is unsuitable undesirable.

7.9 Amount due from contractor – Any amount due to Mandi samiti from the contractor

on any account concerning work may be recovered from him as arrear of land revenue.

7.10 Tools and Plants – The contractor shall arrange at his own cost tools and plant

required for the proper execution of the work. Certain plants may however may be issued to the contractor as a special case.

7.11 Rights to increase or decrease work – The competent authority reserves the right to

increase or decrease work. The competent authority reserves the right to increase or decrease any item of the work during the currency of the contract and the contractor will be bound to comply with the order of the competent authority without any claim for compensation.

7.12 Time Schedule – The work shall be done by the contractor according to the time

schedule fixed by the competent authority as below 7.13 Time of Contract- Time allowed for carrying out the work as entered in the N.I.T.

shall be strictly observed by the contractor and shall be reckoned from the date of work order to commence the work.

7.14 Payment by cheques – The payment will be made by cheques. Bank commission

charges on releasing such payments will be borne by the Executive Engineer. 7.15 Transport of Materials – The contractor shall make his own arrangements for

transport of all materials. The Executive Engineer is not found to arrange for priority in getting wagon or any other material through all possible assistance by way of recommendation will be given. If it is found necessary in the operation by the Engineer-in-Charge. If it proves to be in-effective, the contractor shall have no claim for any compensation on the account.

8.0 SPECIAL CONDITION . 8.1 AGREEMENT 8.1.1 Execution of Agreement – The tenderer whose tender has been accepted hereinafter

referred to as contractor, shall produce an appropriate solvency, certificate if so required by the Executive Engineer and will execute the agreement in the prescribed form, within a fortnight of the date of communication of the acceptance of his tender by competent authority. Failure to do so will result in the earnest money being forfeited to Executive Engineer, M.P.S.A.M. BOARD Div. Bhopal and tender being cancelled.

8.1.2 (a) The contractor shall employ the following Technical Staff during the

Page No. 17

Execution of work.

(i) One graduate engineer when the work to be executed is more than Rs. 5 lakhs. (ii) One Diploma holder, sub engineer when the cost of work to be executed is

from Rs. 2 lakhs or more but not more than 5 lakhs. (b) The contractor should give the name and other details of the Graduate

Engineer/Diploma Holder Sub-Engineer whom he intends to employ or who is under employment on the work at the time he commences the work.

( c) The contractor should give a certificate to the effect that the Engineer/Diploma holder sub-Engineer is exclusively in his employment.

Chapter 3 Chapter 4 Provided that – (i) A Engineer or sub-Engineer may look after more than one work in the same

locality but the total value of such work under him should not exceed Rs. 25 lakhs in the case of an Engineer and Rs. 5 lakhs in case of a sub-Engineer.

(ii) It is not necessary for the contractor’s partner in the case of firm/company, who is

himself an Engineer, Sub-Engineer to employ another Engineer, sub Engineer for the Supervision of work.

(iii) The retired assistant Engineer who is holding a Diploma may be treated at par

with a Graduate for the operation to the above clause. 8.1.3 In case the contractor fails to employ the Technical staff as aforesaid he shall be

liable to pay to Mandi Samiti sum of Rs. 7000 ( Seven thousand only) for each month of default in the case of Graduate Engineer and Rs. 5000 ( Five thousand only) for each month of default in case of Diploma Holder Sub-Engineer.

8.1.4 Discipline to which the Principal Technical Representative should belong

1) For Building work Civil Engineering

2) For Plant and Machinery Mechanical Engineering

3) For Electrical Work Electrical Engineering 8.1.5 Conditions Applicable for Contract – All the condition of the tender notice will be

binding on the contractors in addition to the Conditions of the contract in the prescribed form.

8.1.6 No escalation for any material, machine or other plant/building material shall be paid to the contractor during construction / erection of the project. This clause supersedes all clause if mention anywhere in the contract /agreement.

8.1.7 the completion period for the projects including all construction, erection, commissioning, testing etc. shall be 18 months including rainy season from the date of work order for the construction.

8.1.8 Following documents annexed to this N.I.T. shall form a part of the contract.

Annexure ‘A’ Model rules relating to labour, water supply etc. Annexure ‘B’ contractors labours regulations. Annexure ‘C’ Source of materials ( not applicable for building works)

Page No. 18

Annexure ‘D’ Form of Income Tax Clearance Certificate ( Applicable to works costing more than Rs. 2.00 lakhs).

Annexure ‘E’ Brief specifications. Annexure ‘F’ Schedule of items.

Page No. 19

ANNEXURE “A”

MODEL RULES RELATING TO LABOUR, WATER SUPPLY AND SANITATION IN LAB OUR CAMPS.

Note : These model rules are intended primarily for labor camps which are not of a permanent nature. To lay down the minimum desirable standard which should be adhered to. Standards in permanent or semi permanent labour camps should not obviously be lower than those for temporary camps.

1. Location – The camp should be located in elevated and well drained ground in the

locality 2. Labour huts to be constructed for one family, of 5 persons each. The lay out to be

shown in the prescribed sketch. 3. Hutting- The huts to be built of local materials,. Each hut should provide atleast 20

Sq. m of living space. 4. Sanitary facilities – Latrines and urinals shall be provided atleast 15 meters away

from the nearest quarters separately for men and women and specially so marked on the following scale.

5. Latrine – Pit provided at the rate of 10 users or two families per seat, separate urinals

as required as the privy can also be used for this purpose. 6. Drinking Water – Adequate arrangements shall be made for the supply of drinking

water. If practicable filtered and chlorinated supplies shall be arranged, when supplies is from intermittent sources overhead storage tank shall be provided with a capacity of five liters a parson per day. Where the supply is to be made from a well, it shall confirm to be sanitary standard laid down in the report of the Rural Sanitation Committee. The well should be atleast 30 meters away from any latrine or other source of pollution. If possible hand pump should be installed for drawing the water from the well. The well should be effectively disinfected once every month and the quality of water should be got tested at the Public Health Institution between each work of disinfecting.

7. BATHING AND WASHING – Separate bathing and washing place shall be provided

for men and women for every 25 persons in the camp. These shall be one gap and space 2 sq. m for washing and bathing. Proper drainage for the water should be provided.

8. WATER DISPOSAL – Dustbin shall be provided at suitable places in camp and the

residents shall be directed to throw all rubbish into those dustbins. The dustbins shall be provided with covers. The shall be removed everyday and disposed off by trenching .

9. MEDICAL FACILITIES – (A) Every camp where 1000 or more persons reside shall

be provided with whole time doctor and dispensary. If there are women in the camp a whole time nurse shall be employed.

Page No. 20

(B) Every camp where less than 1000 butmore than 250 persons reside shall be provided with a dispensary and part time doctor and a part time nurse/midwife. ( C) IF there are less than 250 persons in any camp a first aid kit shall be maintained in charge of whole time persons trained in first aid.

All the medical facilities mentioned above shall be for all residents in the camp including a dependant of the worker, if any free of cost.

SANITARY STAFF – For each labour camp there should be qualified sanitary inspector and sweepers should be provided in the following scales:-

1. For camps with strength over 200 but not exceeding 500 persons – one

sweeper for every 75 persons above the first 200 for which 3 sweepers shall be provided.

2. For camps with a strength over 500 persons once sweeper for every 100 persons above first 500 for which 6 sweepers should be provided.

3. For a camp with a strength of 200 persons, four sweepers.

Page No. 21

ANNEXURE “B” CONTRACTOR’S LABOUR REGULATIONS The contractor shall pay not less than fair wages to labourers engaged by him in the work. EXPLANATION – (a) “ Fair Wages” means wages whether for time or piece work as notified on the date of inviting tenders, and where such have not been so notified the wages, prescribed by the Labour department for the division in which the work is done. (b) The contractor shall not withstanding the provision of any contract to the contrary, causes to be paid a fair wages to laboures indirectly engages on the work including any labour engaged by his sub-contractor in connection with the said work as if labourers had been immediately employed by him. ( c) In respect of all labour directly or indirectly employed on the works or the performance of his contract, the contractor shall comply with clause to be complied with the labour Act in force. (d) The Executive Engineer/Sub Divisional Officer shall have the right to deduct from the money due to the contractor any sum required of estimated to be required for making good the loss suffered by worker or workers by reason of no fulfillment of the conditions of the contractor for the benefit of the workers, non payment of wages or of deductions made from his or their wages which are not justified by their terms of the contract or no-observance of regulations. (e) The contractor shall be preliminary liable for all payment to be made under and for the observance of the regulations aforesaid without prejudice his right to claim indemnity from his sub-contractors. (f) The regulation aforesaid shall be deemed to be a part of his contract and any breach thereof shall be deemed to be a breach of this contract.

(g) The contractor shall obtain a valid license under the Contract Regulation and Abolition Act in force and rules made there under by the competent authority from time to time before commencement of work, and continued to have a valid license until the completion of the work. Any failure to fulfill this requirement shall attract the penal provision of this contract arising out of the resulted non-execution of the work assigned to the contractor.

Page No. 22

ANNEXURE “C”

STATEMENT SHOWING THE LEAD OF MATERIALS S.NO. Description Lead 1 ------------------------------------------ 2 ------------------------------------------ 3 ------------------------------------------- 4 ------------------------------------------- Note : This statement is only for guidance of the contractor. The tenderer should satisfy himself regarding the availability of the required and quantity of materials.

Page No. 23

ANNEXURE “D”

FORM OF CERTIFICATE OF INCOME TAX TO BE SUBMITTED BY CONTRACTOR TEN DERING FOR WOKS COSTING RS. 2.00 LAKHS OR MORE. 1. Name and style ( of The company, firm H.U.F or individual ) in which the applicant

assessed to income tax and address for purposes of assessment. 2. The Income Tax Cirecle/Ward/District in which the applicant is assessed to Income

Tax. 3. Following particulars concerning the last income tax assessment made:- 3.1 Reference No. ( of G.I.R./PAN No.) of the assessment 3.2 Assessment year and accounting year. 3.3 Amount of total income assessed 3.4 Amount of tax assessed I.T., S.T.E.P.T., B.P.T. 3.5 Amount of tax paid I.T., S.T., E.P.T., B.P.T. 3.6 Balance being tax not yet paid and reason for such arrears. 4. Whether any attachment or certificate proceedings pending in respect of the arrears. 5. Whether the company or firm or H.U.F. on which the assessment was made has been

or is being liquidated, wound up, dissolved, partitioned or being declared insolvent, as the case may be.

6. The position about later assessment namely, whether returns submitted under section

22(1) or (2) of the income tax act and whether tax paid under section 18-A of the act and the amount of tax so paid or in arrears.

7. In case there has been no Income tax assessment at all in the past, whether returns

submitted under section 21(1) or (2) and 18-A (3) and if so, the amount of Income tax returned or tax paid and the income tax circle/ward/district concerned.

8. The name and address of branch(s) verified the particulars set out above and found

correct subject to the following remarks,

Dated ---------------------- Signature of I.T.O Circle/Ward/District

Page No. 24

ANNEXURE “E”

SPECIFICATION OF THE WORK

Specification of the work : - ...........................................................


Division Bhopal

Page No. 25

ANNEXURE “F”

SCHEDULE OF ITEMS TO BE EXECUTED .

Item No. Item of Work Unit Per Rate in

Figures Tendered in

words 1 2 3 4 5 6

(Rates to be quoted in Annexure “C” Attached.) ATTACHED IN ANNEXURE – ‘F’ FROM PAGE 01 TO ------ --

Schedule : A-1 S. No. Particulars Qty. Unit Rate Amount

In Figure

In Words

In Figure

In Words

1 H-Beam 152 x 152 mm 37.10 kg. /mtr. 13 mtr. long

2 H-Beam 152 x 152 mm 37.10 kg. /mtr. 13 mtr. long for stud

3 33 KVA Top Clamps 75x75 mm angle.

4 33 KV 'V' cross-arms with two back clamps 75x75x6 mm Angle.

5 Earthling Set (Coil earth as per Drg. No. G/007)

6 33 KV Pin Insulator with G.I. Pins

7 DOG Eq. AAAC Conductor (100 Sq.mm Al Eq.) with 3% Sad

8 Jointing Sleeves suitable for 100 Sq. mm AL Eq AAAC conductor

9 Stay Set 20mm complete with back clamps, stay wire 7/4.0 mm (8.5 kg stave wire per stay set) and turn cackle.

10 Concreting of H Beam supports @0.65 cmt. per pole and @0.3 cmt per stay

11 Red oxide paint

12 Aluminum Paint

13 Anti climbing devices

14 Danger Boards

15 Binding wire and tape

16 M.S. Nuts and Bolts

Note: All item inclusive labour, Transportation etc.

Page No. 26

Schedule : "B" 33 K.V. D.P. Structure on H- Beam Poles

S. No. Particulars Qty. Unit Rate Amount

In Figure

In Words

In Figure

In Words

1 H-Beam 152 x 152 mm 37.1 kg.

/mtr. 13 mtr. long

2 D.C. Cross arm of 100 x 50 x

6mm ISMC channel suitable for

8' centre DP

3 33 KV Strain set with hard ware

4 33 KV Pin Insulator with G.I.

pins

5 Horizontal and cross bracing 8'

centre with set of four back

clamps

6 Stay set 20 mm. complete with

back clamps stay wire 7/4.0mm

(8.5kg. stay wire per stay set)

and turn backles.

7 Concreting of rail supports

@0.66 Cmt. per rail pole. H

beam &0.5 cmt per PCC pole

and @0.3 cm. per stay.

8 Earthing Set (Coil earth as per

Drg. No. G/007)

9 Red oxide paint

10 Aluminum Paint

11 Anti climbing devices

12 Danger Boards



Page No. 27

Schedule : "C" Metering Equipment for HT- Consumer


In Figure

In Words

In Figure

In Words

1 H-Beam 152 x 152 mm 37.1 kg.

/mtr. 13 mtr. long


6mm ISMC channel 5' centre)


6mm ISMC channel 4' centre)

4 33 KV Strain set with hardware


Pins

6 11 KV Strain set with hardware


Pins.

8 Stay set 20mm complete with

back clamps stay wire 7/4.0 mm

(8.5 kg. stay wire per stay set)

and turn buckles

9 Stay set 16mm complete with

back clamps stay wire 7/3.15

mm (6.5 kg. stay wire per stay

set) and turn buckles

10 Concreting of rail supports @

0.65 Cmt. per rail pole H-beam

& 0.5 cm. per PCC Pole and

@0.3 cmd per stay

11 Earthing Set (DTR earthing ) as

per circular no. 1516 dated

17.03.08

12 33 KV Lighting Arrestors

13 11 KV Lighting Arrestors

14 Danger Boards



Page No. 28

Schedule : "D" Schedule for Road & 11 KV line Crossig (6 No. Location)


In Figure

In Words

In Figure

In Words

1 33 KV Guarding channel 75 x 40 x6 mm

2 Stay Set 20mm complete with back clamps stay wire 7/4 0mm (8.5kg. stay wire per stay set) and turn backles.

3 G.I Wire 8 SWG for 9.8 mtr. per KG.

4 G.I Wire 6 SWG for 8 mtr. per KG

5 I Bolt


7 Red Oxide paint

8 Aluminum Paint


EXECUTIVE ENGINEER

M.P. Agriculture Marketing Board Bhopal Division Bhopal

Page No. 29

(APPENDIX 2.14)

OFFICE OF THE EXECUTIVE ENGINEER Ganj Basoda DIST - Vidisha

FORM –B ( as per printed proforma attached )

Issued to Shri./Mr. : _____________________________________

Name Of Work : ...............................................................................

Amount Of Contract Rs : ................... Lakhs

Amount Of E.M. Rs. : .........................

Cost Of Tender form Rs. : .............................

Vide M.R. No. & Date : _________________________________________

Time Allowed for Completion : 02 Months (Including rainy season) From date of Work order.

Date Of Opening Tender : ………………………………..

General Rules and Direction for the Guidance of Contractors 1. All work proposed for execution by contract will be notified in a form of invitation

posted in public places and signed by the competent authority. This form will state the work to be carried out as well as the date for submitting and opening tenders and the time allowed for carrying out the work, also the amount of earnest mony to be deposited with the tender and the amount of the security deposit to be deposited by the seccessful tenderer and the percentage if any, to be deducted from bills it will also state whether refund of quarry fees. Royalties octroi duties and ground rents will be granted. Copies of the specification, drawing and schedule of quantities and rates of the various descriptions of work and any other documents required in connection with the work signed for the purpose of identifivation by the

Page No. 30

competent authority shall also be open for inspection by the contractor at the office of the competent authority during office hours.

2. In the event of the tender being submitted by a firm it must be signed separtely by each member there of, or in the event of the absence of any partner, it must signed on his behalf by a person holding of power of attorney authorising him to do so. Such power of attorney should be produced with the tender and it must disclose that the firm is duly registered under the Indian Partnership Act.

3. Any person who submits a tender shall fill up the usual printed form stating at what rate he is willing to undertake each item of work. tenders which propose any alteration in the work specified, in the said form of invitation to tender or in the time allowed for carrying out the work or which contain any other conditions of anysort will be liable to rejection No single tender shall include more then one work, but contractors, who wish to tender for two or more works shall submit a separate tender for each. tender shall have the name and number of the work to which they refer written outside the envelope.

4. The competent authority or his duly authorised assistant, will open tenders in the presence of any intending contractors who may be present at the tine and will enter the amount of the several tenderers in a comparative statement in a suitable form. receipts for earnest money will be give to all tenders except those whose tenders are rejected, and whose earnest money is refunded on the day tenders are opened.

5. The officer competent to dispose of the tenders shall have the right rejected all or any of the tenders.

6. The recept of a clerk for any money paid by the contractor will not be considered as any acknowedgement of payment to the competent authority and the contractor shall be resposiable for seeing that he procures a recipt signed by the competent authority of any other person duky authorised by him.

7. The memorundum of the work tendered for the schedule of materials to be supplied by the public work department and their issue rates shall be filled in and completed in the office of the competent authority before the tender form issued. If a form is issued to an intending tenderer without having been so filled in and completed he shall request the office to have this done before he completes and delivers his tender.

TENDER FOR WORKS

I / We here by tender for the execution for the MANDI BOARD of the works specified by in the under written memorandum within the time specified in such memorandum at the rate specified therein and in accordance in all respects with specifications, desigens, drawings, and instructions in writing.

referred to in rule 1 hereof and in clause 12 of the annexed conditions, and with such

materials as are provided for by an in all other respects in accordance with such conditions so for applicable.

MEMORANDUM (a) General discription : 139 KVA H.J. Connection with 33 KV Line work in new yard at OFFICE OF THE EXECUTIVE ENGINEER Madhya Pradesh State Agricultural Marketing Board Regional Office BhopalGanjbasoda

(b) Estimated Cost : .............. Lakhs (c) Earnest Money : .....................

Page No. 31

(d) Security Deposite : 5% (e) Percentage if any to be deducted from the bills : As per Govt. rule (f) Time allowed for the work from the date of written order in commence : 02 Months

Including rainy sesion.

Item No. Item of Work Unit Per Rate in Figures

Tendered in words

1 2 3 4 5 6

(Rates to be quoted in Annexure “C” Attached.)

Should this tender be accepted, I/We hereby agree to abide by and fulfill all the terms and provisions of the said conditions of contract annexed here to so far as applicable or in the default there of to forfeit and pay to the Executive Engineer or his successors in officer the sums of money mentioned in the said conditions.

The sum of Rs. 1* (……………………………………..) is here with, forwarded in currency notes as earnest money (a) 2* the full value of which is to be absolutely forfeited to the or his in accordance with clause 1 (A) of the said condition of contract otherwise the sum of Rs. ………………………….. shall be retained by Executive Engineer as of account of such security deposit as foresaid, or (b) 3* full value of which shall be retained government on account of the security deposit specified in clause 1 (B) of the said conditions of the contract. Dated the ………………………….. Day of ……………………2006

Signature of Contractor before Submission of tender

Name & Address ________________________________ _________________________________ _________________________________

4* Witness _________________________________

Occupation _________________________________ Address _________________________________ _________________________________

The above tender is hereby accepted by me on behalf of the Chairman Mandi Board Dated the …………………….. Day of …………………..2006

Page No. 32

Signature of officer by

Whom accepted Note: The Agreement of work will be executed between Mandi Samiti & the

Tenderer * If several sub-works are included, they should be detailed in separate list. ** This deposit will very from 1 percent to 10 percent of the estimated cost of the

work according to the requirements of the case. *** This percentage where no security deposit is taken, will very from 5 percent to

10 percent according to the requirements of the case where security deposit is taken, see note to clause 1 of the conditions of contract.

Conditions of Contract Definition:

1. The “Contract” means the documents forming the Notice inviting Tenders and tender documents submitted by the tenderer and the acceptance thereof including the formal agreement executed between the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal and the contractor.

2. In the Contract the following expressions shall unless otherwise required by the context have the meanings hereby respectively assigned to them:

(a) The expressing “works” or work shall unless there by mean something either in the subject or context repugnant to such construction he constructed and taken to mean the work or by virtue or the contract contracted to be executed whether temporary of permanent and whether original altered substituted or additional.

(b) The “Site” shall mean the land or other places on into or though which work is to be executed under the contract or any adjacent land, path or street through which may be allotted or used for the purpose of carrying out the contract.

(c) The President Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal means President Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal and his successors in office.

(d) The “Engineer-in-charge” means the Executive Engineer who shall supervise and be in charge of the work, the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal shall sign the agreement.

(e) “Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal ” shall means the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal Bhopal Distt. Bhopal.

(f) The tern “Chief Engineer” means the Chief Engineer of M.P. State Agricultural

Marketing Board. Note: “Words” in parting the singular numbers include plural number and vice – versa.

Page No. 33

Security Deposit Clause 1- The person whose tender may be accepted (hereinafter called the contractor, which

expression shall unless excluded by you refulgent the context include his heirs, executors, administrators, representative and assigns) shall permit Mandi Samiti at the time of Making any payments to him for the values of work done under the contract to deduct the security deposit as under.

The security deposit to be taken for the due performance of the contract under

the terms & conditions printed on the tender from will be earnest money plus a deduction of 5 percent from the payment made in the Running bills, till the two together amount to 5 percent of the cost of work put to the tender of 5 percent of the cost of the works executed when the same executed the cost put to tender.

Compensation for Delay Clause 2 - The time allowed for the carrying out the work, as entered in the tender from shall be

strictly observed by the contractor and shall be deemed to be the essence of the contract and shall be reckoned from the fifteenth day after the date on which the order to commence the work is issued to the contractor for a work where completion is up to 6 months.

For works, which the completion period is beyond six months: - The period will be reckoned from the thirteenth day after the date on which the order to commence the works is issued to the contractor. The work shall throughout the stipulated period of contract shall be proceeded with all due diligence keeping in view that time is the essence of the contract. The contractor shall be bound in all cases, in which the time allowed for any work exceeds one month, to complete 1/8th of the whole work before 1/4 of the whole time allowed under the contract has elapsed, 3/8th of the work before ½ of such time has elapsed and 3/4th of the work before 8/4 of the work before 8/4th of such time has elapsed in the event of the contractor falling to comply with the above condition the Executive Engineer shall levy on the contractor compensation an amount equal to :- (1) ½ Percent of the value of work per week in respect of work costing up to Rs. 2,00,000 (2) 3/8 Percent of the value of work per week in respect of work costing above Rs.

2,00,000 and up to 5,00,000 (3) ¼ Percent of the value of work per week in respect of work costing above Rs.

5,00,000 and up to 10,00,000 (4) 1/8 Percent of the value of work per week in respect of work costing above Rs.

10,00,000 and up to 25,00,000 (5) 1/16 Percent of the value of work per week in respect of work costing Rs. 25,00,000

and above. The total amount of compensation under the provision of the clause shall be limited to 6

Percent of the value of work. The decision of the Chief Engineer shall be final. The delay departmental assistance ingrained in the contract will be taken duly into account

while recovering any compensation for the delay in the scales prescribed above. Where the Engineer-in-charge decides that the contractor is liable to pay compensation for not giving Proportionate progress under this clause and the compensation is recommended during the intermediate period such compensation shall be kept in deposit and shall be refunded in the contractor subsequently make up the progress for the lost time within the period of contract including extension granted if any.

Action when the work is left incomplete a banded or delayed beyond the Permitted by Limit Allowed by the E.E. Mandi Board Bhopal

Clause 3 - In any case in which under any clause or clauses of the contract shall have rendered

himself liable to pay compensation amounting to the whole of his security deposit (whither paid

Page No. 34

in one sum or deducted by installment) or committed a breach of any of the rules contained in clause-24 or in the case of abandonment of the work except due to permanent disability or death of the contractor or any other cause, the President Krishi Upaj Mandi Sa Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal shall give a notice before 15 days for work costing up to Rs. 1,000 lacks and before 30 days for work costing above Rs. 1,000 lacks, and the event of the contractor failing to comply with the directions contained in the said notice, shall have power to adopt any of the following course as he may deem best in the interest of Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal

To rescind the contract (of which rescission notice in writing to the contractor, under the hand of the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal shall be conclusive evidence) and in which case the security deposit of the contractor shall stand forested and be absolutely at the disposal of Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal .

(a) To employ a labour paid by the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal and to supply material to carry out the work or any part of the work debiting the contractor with the cost of the labour and the price of the materials (of the amount of which cost and price certificate of the Executive Engineer shall be final and conclusive against the contractor) and crediting him with value of the work done in all respects in the same manner and the same rates as if it had been carried out by the contract or the cost of the labour and price of the materials as certified by the Assistant Engineer whichever is less. The certificate of the Executive Engineer as to the value of the work done shall be final and conclusive against the contractor.

(b) To measure up work of the contractor and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor, if the whole work had been executed by him (Of the amount of which excess certificate original contractor and may be deducted from any money due to him by Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal under the contract or otherwise or from his security deposit or the proceeds of sale thereof or a sufficient part thereof. In the event of any of the above course being adopted by the Mandi Samiti the contractor shall have no claim to compensation for any loss sustained by him reason of his having purchased or procured any materials or entered into any agreements of made any advances on account of, or with a view to the execution of the work or the performance of the contract. And in case the contract shall be rescinded under the provision aforesaid the contractor shall not be entitled to recover or be paid any sum for any work there to for actually performed under the contract unless & until the Assistant Engineer/Executive Engineer will have certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid the value so certified. Whenever price in taken under clause 3(a) the contractor’s bill shall be finalized up within three months in the date of rescission born in the case of building work and Road Bridge works.

Power to take Possession of or require Removal Materials

Tools and Plants or sale Contractor’s Plants etc. Clause 4 – In any case in which any of the powers, conferred upon the Executive Engineer,

M.P.S.A Mkt Board, Div.-Bhopal by clause 3 thereof shall be become exercisable and the same shall not be exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions thereof and such powers shall not withstanding be exercisable in the event of any future case of default by the contractor for which by any clause or clauses hereof he is declared liable to pay compensation amounting to the whole of his security deposit and the liability of the contractor for the past and future compensation shall remain unaffected in the event of the

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Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal putting in force either of the power (a), (b) or (c) vested in him under the proceeding clause he may, if he so desires, take possession of all or any tools plant materials and stores in or upon the works, or the site thereof or belonging to the contractor or procured by him and intended by him and intended to be used to the execution of the work of any part thereof, allowing for the same in account of the contract rates, or in case of these not being applicable, at current market rates by certified by Executive Engineer, whose certificate thereof shall be final, otherwise the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal may by notice in writing to the contractor or his clerk of the works, foreman or other authorized agent required him to remove such tools, plants, materials stores from the premises (within a time to be specified in such notice) and in the event of the contractor failing to comply with any such requisition, the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal may remove them at contractor’s expenses or sell them by auction or private sale on account of the contractor and at his risk in all respects and the certificate of the Executive, Engineer as to the expense of any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the contractor.

Extension of Time

Clause 5 – If the contractor shall desire on extension of time for completion of the work on the

grounds of his having been unavoidably hindered in its execution or any other ground he shall apply in writing to the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal within 30 days of the date of hindrance on account of which he desires such extension as aforesaid and the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal with whom he has signed the agreement shall if in his opinion, (which shall be final) reasonable grounds are further extension shall be subject to previous sanction of the Executive Engineer (grounds to be shown thereof), Provided always where the Executive Engineer/Assistant Engineer has recommended the grant of the extension/Permitted the contractor to carry out the work reserving the right of the Department to impose the liquidated damages (as provided for under the agreement) the running bills shall continue to be paid to him.

Provided further if any extension applied for is proposed to be refused, the competent authority shall give the contractor an opportunity to be heard before taking final decision.

Final Certificate

Clause 6 - On completion of the work, the contractor shall be furnished with a certificate by the

Assistant Engineer/Executive Engineer (hereinafter called the Engineer-in-Charge) of such completion in the from appended at the end, but no such certificate shall be given, nor shall the work be considered to be complete until the contractor shall have removed from the premises on which the work shall be executed, all scaffolding, surplus materials and rubbish, and cleaned of the dirt from all wood-work, windows, walls, floors, or other parts of any building in upon or about which the work is to be executed, or of which he may have been measured by the Engineer-in-Charge whose measurements shall be binding and conclusive against the contractor, if the contractor, shall fail to comply with the requirements of this clause as to removal of scaffolding surplus materials and rubbish and cleaning of dirt on or before the date fixed for the completion of the work, the Engineer-in-Charge may, at the expense of the contractor remove such scaffolding surplus materials and rubbish, and dispose off the same as he thinks fit and clean off such dirt as aforesaid and the contractor shall forthwith pay the amount of all expenses so incurred, and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid, kept for any sum actually realized by the sale thereof.

Payments on Intermediate Certificate to be regarded as Advances

Clause 7 – No payments shall ordinarily by make for works estimated to cost less than Rs. 1000

(Rs. One thousand) till after the whole of the works shall have been completed and certificate of completion given, but if intermediate payment during the course of execution of work is considered desirable in the interest of work, the contractor may be paid at the discretion of the

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Engineer-in-Charge. But in the case of works estimated to cost more than rupees one thousand the contractor shall on submitting the bill thereof, be entitled to receive a monthly payment proportionate to the part thereof then approved and passed by the Engineer-in-Charge, whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payments shall be regarded as payments by way of advance against the final payments for works unskiful work to be removed and taken away and reconstructed, or be considered as an admission of the due performance of the contract, or any such part thereof, or the accruing of any claim, nor shall it conclude, of affect in any way the powers of the Engineer-in-Charge under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise, or in any other way vary of effect the contractor. The final bill shall be submitted by the contractor within one month of the date fixed for completion of the work otherwise the Engineer-in-Charge certificate of the measurement and of the total amount payable for the work accordingly shall be final and binding on all parties.

Bill to be submitted Monthly

Clause 8 – A bill shall be submitted by the contractor each month on or before the date fixed by

the Engineer-in-Charge, for all work executed in the previous month, and the Engineer-in-Charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim, as for as admissible, adjusted, if possible, before expiry of ten days from the presentation of the bill, if the contractor does not submit the bill within the time fixed as aforesaid the Engineer-in-Charge may depute a subordinate to measure up the said work in the presence of the Contractor, whose countersignature to the Measurement list will be sufficient warrant, and the Engineer-in-Charge may prepare a bill from such list which shall be binding on the contractor in all respects.

Bills to be submitted on Printed Forms Clause 9 - The contractor shall submit all bills on printed forms to be had on application at the

office of the Engineer-in-Charge, and the charges in the bills shall always be entered at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions, and not mentioned or provided for in the tender at the rates hereinafter provided for such work.

The deduction or addition as the case may be of the percentage will be calculated on the amount of the bill for the work done, after deducting the cost of materials supplied departmentally at the rates specified in the agreement.

Receipts to be signed by Partners or Persons having Authority to do so

Clause 10 - Receipts for payment made on account of a work when executed by a firm must also

be signed by the several partners, except where the contractors are described in their tender as a firm, in which case the receipt must be signed in the name of the firm by one of the partners, or by some others person having authority to give effectual receipt for the firm.

Advances to Contractors

Clause 11 B - No advanced to be paid to contractors against awarded work. Work to be executed in Accordance with Specification, Drawings.

Clause 12 - The contractor shall execute the whole and every part of the work in most substantial

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

Central P.W.D. Specifications shall apply along with the various I.S.I. Codes in the case of any variance the following order of precedence shall prevail.

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(1) Specifications as per N.I.T. (2) Specifications as per SOR applicable. (3) I.S.I. code/ I.R.C... Specification. (4) C. P.W.D. Specification.

Where such mode of measurement for building shall be as provided in the O.S.R. it shall be done as per I.S.I. code of building measurement however, if any mode of measurement is specifically mentioned in the N.I.T. the same will get precedence over all the above.

Clause 13 - The Engineer-in-Charge shall have power to make any alterations in omissions from, additions to, or substitutions for the original specifications drawings designs and Instructions, that may appear to him to be necessary of advisable during the progress of the work, and the contractor shall be bound to 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 omissions additions or substitutions shall not invalidate the contract and any altered, additional or substituted work which the contractor may be director to do in the manner above specified as part of the work shall be carried out by the contactor on the same conditions in all respects on which he agreed to do the main work and at the same rates as are specified in the tender for the main work provided the total value of such increased or altered or substituted work does not exceed 25% of the amount put to tender, inclusive of contractor’s percentage if such value exceed 25% it shall be open to the contractor either to determine the contract or apply for extension.

Extension of time in Consequence of Alterations

Time for the completion of the work shall be extended in the proportion that altered additional

of substituted work bear to the original contractors work and certificate of the Engineer-in-Charge shall be conclusive as to such proportion.

No. Claim to Any Payment or Compensation for Alteration in or Restriction of Works

Clause 14 - If at any time after the execution of the contract documents. The Mandi Samiti or

Engineer-in-Charge shall, for any reason whatsoever require the whole or any part of the work as specified in the tender to be stopped for any period or shall not require the whole or part of the work to be carried out at all or to be carried out by the contractor, he shall give notice in writing of the fact to the contractor who shall there upon suspend or stop the work totally, or partially as the case may be.

In any such case except as provided, the contractor shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full, but which he did not so derive in consequence of the full amount of the work not having been carried out, or on account of any loss that he may be put to on account of materials purchased or agreed to be purchased, or on account of any loss that he maybe put to on account of materials purchased or agreed to be purchased, or for alterations having made in the original specifications drawings and instructions, which may involve any curtailment of the work as originally contemplated. Where however, materials have already been purchased or agreed to be purchased by the contractor shall be paid for such materials at the rates determined by the Engineer-in-Charge, provided they are not in excess of requirements and are of approved quality and/or shall be compensated for the loss, if any, any he may be put to in respect of materials agreed to be purchased by him, the amount of such compensation to be determined by the Engineer in charges during the period during which the stoppage of work has been ordered under this clause, the contractor shall, on application be entitled to such compensation on account of labour charges as the Engineer-in-charge whose decision shall be final may consider reasonable, Provided that the contractor shall not be entitled to any compensation on account of labour charges, if in the opinion of the Engineer-in-Charge the labour could have been employed by the contractor else where for the whole or part of the period during which the stoppage of the work has been ordered as aforesaid.

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Time Limit for Unforeseen Claims

Clause 15 – Under no circumstances whatever shall the contractor be entitled to any compensation

from Government on any account unless the contractor shall have submitted a claim in writing to the Engineer-in-charge within one month of the cause of such claim occurring.

Action and compensation Payable in the Case of Bad Work Clause 16 – If at any time before the security deposit is refunded to the contractor, it shall appear

to the Engineer-in-charge or his subordinate in charge of the work, that any work has been executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality, or that any materials of articles provided by him for the execution of the work are unsound, or of a quality inferior to that contracted for, or all otherwise not in accordance with the contract, it shall be lawful for the Engineer-in-charge to intimate this fact in writing to the contractor and then notwithstanding the fact that the work materials or articles complained of may have been inadvertently passed, certificate and paid for, the contractor shall be bound forthwith to rectify, or remove and reconstruct the work so specified in whole or in part, as case may require, or if so required shall remove the materials so specified and provide other proper and suitable materials or articles at his own proper charge and cost and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in the written intimation aforesaid, the contractor shall be liable to pay compensation at the rate of one percent on the amount of contract, put to tender every day not exceeding ten days, during which the failure so continues and in the case of any such failure eth Engineer-in-charge may rectify of remove and, re-execute the work or remove and replace the materials or articles complained of as the risk and expense in all respects of the contractor, should the Engineer-in-charge consider that any such inferior work or material as described above may be accepted or made use of it shall be within his discretion to accept the same at such reduced rate as he may fix therefore.

Work to be open for inspection-Contractor of responsible Agent to be Present

Clause 17 – All work under or in course of execution or executed in pursuance of the contract

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

Notice to be given Before Work is covered up

Clause 18 – The Contractor shall give not less than five days notice in writing to the Engineer-in-

Charge or his subordinate in charge of the work before covering up or otherwise placing beyond the reach of measurement an work in order that the same may be measured, and correct dimensions there of be taken before the same is so covered up or placed beyond the reach of measurement, any work without the consent in writing of the Engineer-in-Charge or his subordinate in charge of the work and if any work shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained, the same shall be uncovered at the contractor’s expenses, or in default thereof, no payment or allowance shall be made for such work or the materials with which the same was executed.

Contractor Liable for Damage Done and for imperfection for

Twelve Months after Certificate

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Clause 19 – If the contractor or his work people or servants shall break deface, injure or destroy any part of building in which they may be working or any building road, road curbs, fences, enclosures, water pipes, cables, drainage, electric or telephone posts or wires tress grass or grass land or cultivated ground continuous to the premises on which the work or any part of it is being executed, or if any damage shall happen to the work, while in progress, from any cause whatever, or any imperfections become apparent in it within three months (six months in the case of a road work) after a certificate final or otherwise of its completion shall have been given by the Engineer-in-Charge as aforesaid, the contractor shall made good the same at his own expense or in default the engineer-in-Charge may cause the same to be made good by other workmen and deduct the expense ) of which certificate of the Engineer-in-Charge shall be final) from any sums that may be then or at any time his security deposits, or the proceeds or sale thereof, or of a sufficient portion thereof.

The contractor here by also convenience that it shall be his responsibility to see that the building constructed under this contract do/does not leak during the period of two consecutive rainy seasons after its (their) completion and if any defects are pointed out to him by the Engineer-in-Charge during the said period the same shall be removed by him own expenses or in default the Engineer-in-Charge may get them removed and deduct the expenses thereof from any sum that may be then due to or may become due to the contractor or from the security deposits of the contractor, an amount equal to 20% cost of the roof shall not withstanding anything contained in this clause be retained till the roofs are tested during two consecutive rainy seasons as aforesaid and the defects are fully removed and if any amount still remains due to this account after making deductions as aforesaid the same may be recovered from him as an arrears of land revenue/cash security. The security deposit of the contractor to the extent of 50% shall be refunded of his getting the completion certificate provided that all the recoveries outstanding against him are realized 25% of the amount shall be refunded on maintenance period being over even if the final bill is not passed balance 25% shall be refunded after the final bill passed.

Contractor to supply plant, ladders, Scaffolding etc.

Clause 20 – The contractor shall supply his own cost materials (except such special materials if

any as may in accordance with the contract be supplied from the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal stores) plant, tools appliances implements, ladders cordage tackle scaffolding and temporary works requisite for the proper execution of the work, whether or substitute, and whether including in the specification or other documents forming part of the contract referred to in these conditions or not which may be necessary for the purpose of satisfying or complying with the Requirement of the Engineer-in-Charge as to any matter as to which under these conditions he is entitled to be satisfied or which he is entitled to require together with carriage therefore to any from the work. The contractor shall also supply without charge, requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting weighing and assisting in the measurement or examination at any time and from time to time of he work or materials. Falling his so doing the same may provided by the Engineer-in-Charge at the expense of the contractor and the expenses may be deducted from any money due to the contractor under the contractor, or form his security deposit or from his security deposit or the proceeds of sale thereof, of a sufficient portion thereof.

Contractor is liable for damages arising form non-provision of lights fencing etc. The contractor shall also provided at on his own cost except when the contract specifically provides other wise and except for payments due under clause all necessary fencing and lights required to protect to protect the public from accident and shall be bound to bear the expenses of defense of every of every suit, action or other proceedings at law that sustained owing to the above precautions and to pay any damage and costs which may be such persons or which may with the contractor be paid to compromise any such person.

Compensation under Section 12 Sub-section (1) of the Workmen’s Compensation Act.

1923

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Clause 21 – In every case in which by virtue of the provisions of section 12, sub-section (1) of the workmen’s compensation Act, 1923 Government is obliged to pay compensation to a workman employed by the contractor in execution of the works, Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal will recover from the contractor the amount of compensation so paid and without prejudice to the rights of Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal under section (1) sub-section (2) of the said Act Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal shall be at liberty to recover the amount or any part thereof by deducting it from the security deposit or from any sum due by Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal to the contractor whether under this contract or otherwise Government may not be bound to contest any claim made against them under section 12, sub-section (1) of the said Act except on the written request of the contractor and upon his giving to Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal full security for all cases for which Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal Might become liable in consequence contesting such claim.

Labour

Clause 22- The contractor should get himself registered under contract labour regulations and

abolitions Act 1970 including its amendments after getting a certificate from the principal employer, who will be the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal.

Clause 23 – Labour below the age of 12 years No labour the age of 12 years shall be employed on

the work.

Clause 24 – The contract may be rescinded and security deposit forfeited for subletting, bribing or if

contractor becomes insolvent. The contractor shall not be assignees or sublet without the written

approval of the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal and if the contractor shall assign or sublet his contract, or attempt so to do or become insolvent commence any insolvency proceedings or make any composition with his creditors, or attempt to do so or if any bribe gratuity, gift loan perquisite, reward advantage pecuniary or otherwise, shall either or indirectly be given, promised or offered by the contractor, or any of his servants or agents to any public officer or person in the employ of Mandi Board in any way relating to his office or employment, or if any such officer or persons shall become in any way directly or indirectly interested in the contract, the Division Officer may there upon by notice in writing rescuing the contract, and the S.D. of the contractor shall thereupon stand forfeited and be absolutely at the disposal of Government and the same consequences shall ensure as if the contract had been rescinded under clause 3 hereof, and in addition the contractor shall not be entitled to recover or be paid for any work there to far actually performed under the contract.

If the contractor gets item/items of work executed on a task rate basis with or without materials this shall not amount to subletting of the contract.

Sum Payable by way of compensation to be considered as

Reasonable Compensation without Reference to Actual Loss. Clause 25 – All sums payable by way of compensation under any of these shall be considered, as

reasonable compensation to be applied to the use of Government / Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal without reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.

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Changes in the constitution of Firm Clause 26 – In the case of a tender by partners any change in the constitution of the firm shall be

forthwith notified by the contractor to the President Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal for his information.

Work to be under the Direction of Executive Engineer/Chief Engineer

Clause 27 – All works to be executed under the contract shall be executed under the direction and

subject to the approval in all respect of the Executive Engineer/Chief Engineer for the time being who shall be entitled to direct at what point or point and in what manner they are to be commenced from time to time carried on.

Arbitration Clause

Clause 28 – Except as otherwise provided in this contract all question and dispute relating the

Meaning of the Specification drawings and instructions herein before mentioned and as to thing whatsoever, if any way arising out of or relating to the contract, designs, drawing specification estimates, concerning the works, or the execution of failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to chief Engineer in Writing for his decision within a period of 60 days of such request. This period can be extended by mutual consent of the parties.

Upon receipt of written instructions or decisions, the parties shall promptly proceed without delay to comply such instructions or decisions. If the Chief Engineer fails to give his instructions or decisions in Writing within a period of 60 days of mutually agreed time after being requested if the parties are aggrieved against the decision of the Chief Engineer the parties may within 30 days prefer an appeal to the Director Mandi who shall afford an opportunity to the parties of being heard and to offer evidence in support of his appeal. The Director will give his decision within 90 days. If any party is not satisfied with the decision of the Director he can refer such disputes for arbitration by an Arbitration Board to be constituted by the State Government which shall consist of three members of whom one shall be chosen from among the officers belonging to the Department and one serving officers not below the rank of S.E. one Retired Chief Engineer of any Technical Department, and one serving officer not below the rank of S.E. belonging to another technical Department.

The following are also the terms of this contract namely: a. No. Person other then the aforesaid Arbitration Board constituted by the Government (to

handle cases of all Technical Departments) Shall act as Arbitrator and if for any reason that is not possible, the matter shall not be referred to Arbitration at all.

b. The State Government may at any time effect any change in the personnel of the Board, and the new members or members appointed to the Arbitration Board shall be entitled to proceed with the reference from the stage at which it was left by his or their predecessors.

c. The party invoking arbitration shall specify the dispute or disputes to be referred to Arbitration under this clause together with the amount or amount claimed of each dispute(s).

d. Where the party invoking arbitration is the contractor, no reference for arbitration shall be maintainable, unless the contractor furnished a security deposit of a sum determined according to the table given below and the sum so deposited shall on the determination of Arbitration proceedings be adjusted against the cost if any awarded by the Board against the party and the balance remaining after such adjustment or in the absence of the such cost being awarded, the whole of the sum shall be refunded to him within one month from the date of the award.

Amount of claim Rate of security Deposits For claim below Rs. 10,000 5% of the amount claimed

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For claim of Rs. 10,000 & above but 3% of the amount claimed subject to a minimum Rs. 500.00 For claims of Rs. 1,00,000.00 & above but 2% of the amount claimed subject to a minimum Rs. 3000.00

(e) If the contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days on receiving intimation from the Executive Engineer that the final bill is ready for payment, the claim of the contractor shall be deemed to have been waived and absolutely barred and the Government shall be discharged or released of all liabilities under the contract in respect of such claims.

(f) The Arbitration Board may from time to time, with the consent of the parties extend the time for making the award.

(g) A reference to the Arbitration Board shall be no ground for not continuing the work on the part of the contractor and payment as per terms and conditions of the agreement shall be continued by the Department.

(h) Except where otherwise provided in this contract, the provision of the Arbitration Act, 1940 and the rules made there under for the time being Inforce shall apply to the arbitration proceedings under this clause.

Lump sump in Estimate

Clause 29- When the estimate on which a tender is made includes lump sums in respect on parts

on the work, the contractor shall be entitled to payment in respect of the items of work involved or the part of the work in question is not, in the opinion of the Engineer-in-charge at his discretion pay the lump-sump amount entered in the estimates and the certificate in witting of the Engineer-in-charge shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of this clause.

Action where no specification

Clause 30- In the case of any class of work for which there is not such specification a sis

mentioned in rule such work shall be carried out in accordance with the specification approved by Chief Engineer for application to works in the district and in the event of there being no such specification then such case the work shall be carried out in respects in accordance with the instructions and requirements of the Engineer-in-charge.

Claim for Compensation for Delay in starting the work

Clause 31 – No compensation shall be allowed for any delay caused in the Starting of the work

on account of acquisition of land, or in the case of clearance works, on account of any delay in according sanction to estimates.

Refund of quarry Fees and Royalties

Clause 32 – All quarry fees, royalties, octopi duties and ground rent for staking materials, if any

should be paid by the contractor as per existing mineral rules. In the case of quarries, which have been leased out (trade Quarries) the contractor

should make all payments of royalty charges at Government approved rates. In the case of any dispute about payment of royalty decision of the Chief Engineer

will be final. Technical Examination

Clause 33 – The Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal shall have the right to cause Audit and Technical Examination of the works and the final bills of the contractor including all supporting vouchers abstracts, etc. to be made as per payment of the final bill and if as a result of such Audit and Technical Examination the sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work

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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 over payment and it shall be lawful for the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal to recover the same from the security deposit of the contractor from any dues payable to the contractor from the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal account. If it is found that the contractor paid lesser than what was due to him under the contract is respect of any work executed by him under it, the amount of such under payment shall be duly paid by the Executive Engineer, M.P.S.A Mkt Board, Div.-Bhopal to the contractor.

In the case of any audit examination and recovery consequent on the same the contractor shall be given an opportunity to explain his case and the decision of the Chief Engineer shall be final.

In the case of Technical Audit, consequent on which there is a recovery from the contractor, no recovery should be made without orders of the Chief Engineer, whose decision shall be final, all action under this clause should be initiated and intimated to the contractor with in a period of twelve months from the date of completion.

Death of Permanent invalidity of Contractor Clause 37 - If the contractor is an individual or a proprietary concern, Partnership concern dies

during the currency of the contractor 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 3 of the contrary agreement.

However, if the competent authority is satisfied about the competence of the survivors, then the competent authority shall enter into a fresh agreement for the remaining work strictly on the same terms and conditions, under which the contract was awarded.

Penalty for breach of Contract

Clause 38 – On the breach of any term of condition of this contract by the contractor the said

president shall be entitled to forfeit the security deposit or the balance thereof, that may at that time –be remaining, and to realize an retain the same damages and compensation for the said breach but without prejudice to the right of the President to recover further sum as damages from any sums due or which may become due to contractor by Government or otherwise howsoever.

Note: The Person of firm submitting the tender should see that the rates in the schedule showing materials to be supplied by the department are filled up by the engineer-in-charge on the issue of the form prior to the submission of the tender.

Notice to the Contractor to start work Your contract for the……………..has been accepted by me on behalf of the Managining Director Mandi Board Bhopal…. on the………………day of…………..200… and you are hereby ordered to commence the work


Division Bhopal _______________

The notice to the contractor(s) to start work from ………………….day of … … 200…was issued vide the office memorandum No………………dated the……………200…



Page No. 44

Completion Certificate In Pursuance of clause 6 of the agreement in Form “B” date the ………………………… between the contractor Shri……………………………………………………………And the E.E. Mandi Board Gwalior, it is here by Certified that the said Contractor has duly completed the executing of the work under taken by him there under on the ………….day of…………………200…………..



SCHEDULE Material to be supplied by the Mandi Board under clause 11 for the work to be executed at the rates to be charged for -

Particulars

( 1)

Rates at which material will be charged to the contactor

(2)

Place of delivery

(3)

Note- The tenderer while submitting the tender should see that the rates in the above schedule

have been filled in by the Mandi Board

Page No. 45

ANNEXURE – ‘A’

(Referred to in Clause 3.2 of NIT)

TECHNICAL QUALIFICATION OF TENDERER FOR PRE QUALIFI CATION

1.1 Constitution or legal status of Tenderer :-…………………………………………. (Attach copy)

Place of Registration : :-…………………………………………. Principal Place of Business : :-…………………………………………. Power of Attorney of Signatory of Tender :-…………………………………………. (Attach) Class of contractor :-…………………………………………. (Attach Photo Copy of Registration)

1.2 Total value of civil engineering construction works executed and payment received in the last three years

Attach certificate of Chartered Accountant for Turn Over of more than Rs. 40.00 lakh.

1.3 Works performed of a similar nature in the last three years.

Description of Work

Work Order

Number and date

Name and Address

of Employer

Value of contract (Rs. In lakh)

Date of issue of

work order

Stipulated period of

completion

Actual date of

completion

Remarks explaining reasons for delay

1 2 3 4 5 6 7 8

Attach certificate(s) from the Engineer(s)-in-Char ge 1.4 Information on tender capacity of tenderer (works for which tenders have been

submitted and works which are yet to be completed) as on the date of this tender:-

(A) Existing commitments and on-going works:-

Description Work Name and Value of Stipulated Value of work Anticipated

Year

Total value of works executed

(turn over) (Rs. In lakh)

Payment received

(Rs. In lakh)

20.…. 20….. 20.…. 20….. 20.…. 20…..

Page No. 46

of work Order Number and date

Address of Employer

Contact (Rs. in lakh)

period of completion

remaining to be completed (Rs. in lakh)

date of completion

1 2 3 4 5 6 7

Attach certificate(s) from the Engineer(s)-in-Charg e. (B)

In case of work of more than Rs. 2.00 (two) crore minimum required quantities physically executed of major items of work in any of the last 3 years shall not be less than 50% of the respective quantities of major items of work shown in the schedule of items of this work.

Name of work

Major Item of work

Quantity physically executed in Cum / Sqm.

Name of Department

Year Year Year 1 2 3 4 5 6

Attach certificate(s) from the Engineer(s) –in –cha rge.

1.5 Construction equipments essential for carrying out the works are given in Annexure ‘E’ & ‘K’. The tenderer should list all the information required below.

Name of

equipment Requirement Available / To be procured Remarks

(From whom to be purchased)

No. Capacity Owned / leased / to

be procured

No. Capacity Age / condition

1 2 3 4 5 6 7 8

1.6 Qualification and experience of key personnel proposed for deployment as per

Annexure ‘J’ and ‘N’ for execution of the Contract. Attach biographical data.

Position Name Qualification Years of experience

Years of experience in the proposed position

1 2 3 4 5

1.7 Financial reports for the last three years: balance sheets, profit and loss statements,

auditors’ report (in case of company / corporation), etc. List them below and attach copies. (applicable for the work costing more than Rs. 2.00 crore).

1.8 Information on litigation history in which the tenderer is involved.

Description of Work

Name and Address of

Cause of dispute

Amount involved

Remarks showing present status

Page No. 47

Employer 1 2 3 4 5

1.9 Information regarding action taken against the tenderer under Clause – 3 of contract in the last three years.

Description of

Work Name and Address of Employer

Contract Number

Amount of Contract

Value of work left incomplete

Remarks if any

1 2 3 4 5 6

1.10 Work Programme and Methodology of Construction:- The tenderer should attach descriptions, drawings and charts as considered necessary for execution of the work. He should also furnish programme of construction for execution of work within stipulated time schedule together with methodology of construction for each item of work.

1.11 Attach photo copy of documents as required in Claus e 4.5 of Detailed Notice

Inviting Tenders . 1.12 General: - The tenderer shall be disqualified if it is found that he has made

misleading or false representation in the form, statements and attachments submitted with the tender documents. Every page of the submitted documents should be self attested by the tenderer. An affidavit (Notarized) on Non–Judicial stamp of Rs.100/- (or as applicable) should also be submitted along with the documents in which it must be clearly stated that the enclosed papers and information are true in all respect.

Page No. 48

ANNEXURE – ‘B’


Brief Specifications for the Construction: -

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Page No. 49

ANNEXURE – ‘C’


Schedule of Items to be Executed for the Construction: - …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

S.No. Particulars of item of work Unit Quantity Rate per unit

1 2 3 4 5

Page No. 50

ANNEXURE- ‘D’

(Referred to in Clause 5.4.1 (b) & 5.5.2 of NIT)

Page No. 51