UJJAIN DEVELOPMENT AUTHORITY

Pradhikaran bhawan bharatpuri ujjain, Email [email protected] Website : www.udaujjain.org

NIT
d No.: UDA/ET/25/14 Date : 12/02/2025

Tender Document
For Percentage Rate only

II CALL
Agreement Number and Date

Name of Work ORNAMENTAL SHED (WITH GRILL AND GATE)

WORK AT MAHAKAL MANDIR PARISAR,
UJJAIN

Name of Contractor

Probable Amount of Contract :-

(Rs. in Figure) 3,20,70,000.00

(Rs. In Words) THREE CRORE TWENTY LACS

SEVENTY THOUSAND ONLY
Contract Amount :-

(Rs. in Figure)

(Rs. In Words)

Stipulated Period of Completion 03 Months including rainy season

Tender Rate (on S.O.R.) MP PWD SOR -

(i) For Building works in force from 1-1-2024
(iii) Rates of items not included in SOR but included
in the BOQ shall be treated as SOR items for
this work and tender percentage shall be
counted accordingly

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Pradhikaran bhawan bharatpuri ujjain, Email [email protected] Website : www.udaujjain.org

Tender Document
Table of Contents

Section No. Particulars Page

Section 1 NIT (Notice Inviting Tender) 3-4
Instructions to Bidders (ITB) 5-11
Bid Data Sheet 12-15
Annexure - A to M-1 16-43
Key dates Annexure - A
Affidavit Annexure - B
Prequalification Annexure - C
special eligibility criteria Annexure - D
specifications Annexure - E
Procedure for participating in Etendering Annexure-F
Joint venture Annexure - G
Organization details Annexure - H
Technical Proposal Annexure - I
Financial Bid Annexure - J
Material to be issued by the Department Annexure-K
Letter of Acceptance Annexure - L
Performance Security Annexure - M
Section 2 Bank guarantee Annexure - M-1
Part – I General Conditions of Contract (GCC) 44-61
Contract Data 62-66
Annexure - N to X 67-85
Drawings Annexure - N
Details of mile stones Annexure - O
Compensation of Delay Annexure - P
List of Equipments Annexure - Q
Price Adjustment Annexure - R
BG for Mobilization Advance Annexure - S
BG for Secured Advance Annexure - T
Physical Completion Certificate Annexure - U
Financial Completion Certificate Annexure - V
Salient Feature of Law Annexure - W
Calculation of Bid Capacity Annexure - X

Section 3 Bill of Quantities (BOQ) 86

Section 4 Agreement Form 87
Section 5 Part-II Special Conditions of Contract (SCC) 88

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Pradhikaran bhawan bharatpuri ujjain, Email [email protected] Website : www.udaujjain.org

SECTION - 1
Notice Inviting Tender
II-CALL

Online tenders are invited on Percentage rate tender on key dates from the
Civil Contractor registered under centralized e-registration system in MP PWD OR
Authorised Manufacturer (certificate has been issued by Govt. Organisation)

Tender documents can be purchased from website

https://www.mptenders.gov.in. Help manual to the contractors can be seen on
the portal of e-procurement system.

S. Name of Probable amount of Earnest Cost of Time allowed for completion

No. work contract Money tender including/ including rainy
form season
+ GST
(Rs.)
(Rs.) (Rs.)

01 ORNAMENTAL SHED 3,20,70,000/- 320700/- 17700/ 03 Months

(WITH GRILL AND - including rainy
GATE) WORK AT season
MAHAKAL MANDIR
PARISAR, UJJAIN

Note :-
1. All details relating to the Bid Document(s) can be viewed and downloaded
free of cost on the website.
2. Bid Document can be purchased after making online payment of portal fees
through Credit / Debit / Cash Card / internet banking.
3. At the time of submission of the Bid the eligible bidder shall be required to
submit:-
i) Scanned copy of proof of Cost of Bid Document
ii) Scanned copy of proof of EMD
iii) PAN Card
iv) Valid registration copy of :- PF,GST,MPPWD/ Authorised
Manufacturer
v) An affidavit duly notarized as per Annexure-B.
vi) Organizational details as per Annexure-H
vii) Envelope-B (Technical Proposal )
viii) Experience certificate of similar nature of work
Details can be seen in the Bid Data Sheet, “C. Preparation of Bid” and “D.
Submission of Bid” in the ITB (Instruction to Bidders).

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4. ELIGIBILITY FOR BIDDERS:

a) At the time of submission of the Bid the bidder should have valid
registration with the Government of Madhya Pradesh, PWD in
appropriate class. However, such bidders who are not registered with
the Government of Madhya Pradesh and are eligible for registration
can also submit their bids but such bidders would be required to have
valid registration at the time of signing of the Contract.
b) Failure to sign the contract by the selected bidder for whatsoever
reason shall result in forfeiture of the earnest money deposit.

5. Pre-qualification – Pre qualification conditions, wherever applicable, are

given in the Bid Data Sheet.
6. Special Eligibility - Special Eligibility Conditions, if any, are given in the Bid
Data Sheet.
7. Amendments to NIT, if any, would be published on website only, and not in
newspaper.
8. Any type of exemption in Tender Form Fees / EMD will not be allowed and
Tender without Tender form Fees / EMD shall be rejected prima-facie.
KEY DATES
S. UDA Stage Contractor Key Dates
No. Stage & time
1 Tender Preparation - 12/02/2025
and release of NIT 17:00hrs

2 - Purchase of Tender 12/02/2025

Online Start Date & 17:30hrs
Time
3 Pre-Bid Meeting at -
UDA
4 - Tender Purchase and 28/02/2025
Submit Bid Online 17:30hrs
End Date & Time
5 Opening of EMD, Cost - 03/03/2025
of tender document 10:30hrs
and Technical
Bid/Financial Bid

K.C. PATIDAR
Executive Engineer
Ujjain Development Authority Ujjain
Mobile- 98265 79595

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SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)

A. GENERAL

1. SCOPE OF BID

The detailed description of work, hereinafter referred as ‘work’, is given in

the Bid Data Sheet.
2. General Quality of Work:

The work shall have to be executed in accordance with the technical

specifications specified in the Bid Data sheet/ Contract Data, and shall have
to meet high standards of workmanship, safety and security of workmen and
works.
3. PROCEDURE FOR PARTICIPATION IN E-TENDERING
The procedure for participation in e-tendering is given in the Bid Data Sheet.
4. ONE BID PER BIDDER

4.1 The bidder can be an individual entity or a joint venture . In case the J.V. ,
the requirement of joint venture shall be as per the Bid Data Sheet.

4.2 No bidder shall be entitled to submit more than one bid whether jointly or
severally. If he does so, all bids wherein the bidder has participated shall
stand disqualify.
5. Cost of Bidding

The bidder shall bear all costs associated with the preparation and
submission of his bid, and no claim whatsoever for the same shall lie on the
Government.
6. Site Visit and examination of works

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

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B. Bid Documents
7. CONTENT OF BID DOCUMENTS
The Bid Document comprises of the following documents:
1. NIT with all amendments.
2. Instructions to Bidders, Bid Data Sheet with all Annexures
3. Conditions of Contract:
i. Part I General Conditions of Contract and the Contract Data with all
Annexure; and
ii. Part II Special Conditions of Contract.
4. Specifications
5. As Built Drawings
6. Priced Bill of Quantities
7. Technical and Financial Bid
8. Letter of Acceptance
9. Agreement, and
10. Any other document(s), as specified.
8. The bidder is expected to examine carefully all instructions, conditions of
contract, the contract data, forms, terms and specifications, bill of
quantities, forms and drawings in the Bid Document. Bidder shall be solely
responsible for his failure to do so.
9. Pre-Bid Meeting (where applicable)
Wherever the Bid Data Sheet provides for pre-bid meeting:

9.1 Details of venue, date and time would be mentioned in the Bid Data
Sheet. Any change in the schedule of pre-bid meeting would be
communicated on the website only, and intimation to bidders would
not be given separately.
9.2 Any prospective bidder may raise his queries and/or seek clarifications
in writing before or during the pre-bid meeting. The purpose of such
meeting is to clarify issues and answer questions on any matter that
may be raised at that stage. The Employer may, at his option, give
such clarifications as are felt necessary.
9.3 Minutes of the pre-bid meeting including the gist of the questions
raised and the responses given together with any response prepared
after the meeting will be hosted on the website.
9.4 Pursuant to the pre-bid meeting if the Employer deems it necessary to
amend the Bid Document, it shall be done by issuing amendment to
the online NIT.
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10. Amendment of Bid Documents

10.1 Before the deadline for submission of bids, the Employer may amend
or modify the Bid Documents by publication of the same on the
website.
10.2 All amendments shall form part of the Bid Document.
10.3 The Employer may, at its discretion, extend the last date for
submission of bids by publication of the same on the website.

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

12. DOCUMENTS COMPRISING THE BID

The bid submitted online by the bidder shall be in the following parts:
Part 1 – This shall be known as Online Envelope A and would apply for all
bids. Online Envelop A shall contain the following as per details given in the
Bid Data Sheet:
i) Scanned copy of proof of Cost of Bid Document
ii) Scanned copy of proof of EMD
iii) PAN Card
iv) Valid registration copy of :- PF,GST,MPPWD
v) An affidavit duly notarized as per Annexure-B.
vi) Organizational details as per Annexure-H
vii) Valid A-Class Electrical License of Competent Authority of state of
MP (if required).
Part 2 – This shall be known as Online Envelope B and required to be
submitted only in works where pre-qualification conditions and/or special
eligibility conditions are stipulated in the Bid Data Sheet. Online Envelop B
shall contain a self-certified sheet duly supported by documents to
demonstrate fulfillment of pre-qualification conditions.
Part 3 – This shall be known as Online Envelope C and would apply to all
bids. Envelop C shall contain financial offer in the prescribed format
enclosed with the Bid Data Sheet.

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

purposes of interpretation of the bid, such translation shall govern.

14.TECHNICAL PROPOSAL

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

14.2 All the documents/ information enclosed with the Technical Proposal
should be self-attested and certified by the bidder. The Bidder shall be
liable for forfeiture of his earnest money deposit, if any document /
information are found false/ fake/ untrue before acceptance of bid. If it
is found after acceptance of the bid, the bid sanctioning authority may
at his discretion forfeit his performance security/ guarantee, security
deposit, enlistment deposit and take any other suitable action.
15. FINANCIAL BID
i. The bidder shall have to quote rates in format referred in Bid Data
Sheet, in overall percentage, and not item wise. If the bid is in absolute
amount, overall percentage would be arrived at in relation to the
probable amount of contract given in NIT. The overall percentage rate
would apply for all items of work.
ii. Percentage shall be quoted in figures as well as in words. If any
difference in figures and words is found, lower of the two shall be taken
as valid and correct.
iii. The bidder shall have to quote rates inclusive of all duties, taxes,
royalties and other levies; and the Employer shall not be liable for the
same.
iv. The material along with the units and rates, which shall be issued, if
any, by the department to the contractor, is mentioned in the Bid Data
Sheet.
16. PERIOD OF VALIDITY OF BIDS
The bids shall remain valid for a period specified in the Bid Data Sheet after
the date of “close for biding” as prescribed by the Employer. The validity of
the bid can be extended by mutual consent in writing.
17. EARNEST MONEY DEPOSIT (EMD)

17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit
(EMD), in the amount specified in the Bid Data Sheet.
17.2 The EMD shall be deposited online only.
17.3 Bid not accompanied by EMD shall be liable for rejection as non-
responsive.
17.4 EMD of bidders whose bids are not accepted will be returned within
ten working days of the decision on the bid.
17.5 EMD of the successful Bidder will be discharged when the Bidder has
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signed the Agreement after furnishing the required Performance

Security.
17.6 Failure to sign the contract by the selected bidder, within the specified
period, for whatsoever reason, shall result in forfeiture of the earnest
money deposit.
17.7 Once tender submitted by the bidder and the bidder desires to
withdraw before opening of financial bid, the bidder shall not be
permitted to do so. Except lowest bidder earnest money can be
released on request of rest of the bidder even before validity period.

D. Submission of Bid

18. The bidder is required to submit online bid duly signed digitally.

E. Opening and Evaluation of Bid

19 PROCEDURE

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

19.2 Wherever Envelop ‘B’ (Technical Bid) is required to be submitted, the

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

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

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

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

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

20. Confidentiality
20.1 Information relating to examination, evaluation, comparison and
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recommendation of contract award shall not be disclosed to bidders or

any other person not officially concerned with such process until final
decision on the bid.

20.2 Any attempt by a bidder to influence the Employer in the evaluation of

the bids or contract award decisions may result in the rejection of his
bid.

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

22. Performance Security

22.1 Prior to signing of the Contract the bidder to whom LOA has been
issued shall have to furnish performance security of the amount in the
form and for the duration, etc. as specified in the Bid Data Sheet.

22.2 Additional performance security, if applicable, is mentioned in the Bid

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

23. Signing of Contract Agreement

23.1 The successful bidder shall have to furnish Performance Security and
Additional Performance Security, if any, and sign the contract
agreement within time mentioned in bid data sheet.

23.2 The signing of contract agreement shall be reckoned as intimation to

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

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

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

24. CORRUPT PRACTICES

The Employer requires that bidders observe the HIGHER SECONDARY

standard of ethics during the procurement and execution of contracts. In
pursuance of this policy, the Employer:
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i. may reject the bid for award if it determines that the bidder
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, or coercive practices in competing for the
Contract; and

ii. may debar the bidder declaring ineligible, either indefinitely or for a
stated period of time, to participate in bids, if it at any time determines
that the bidder has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, or coercive practices in competing for, or in
executing, a contract.

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

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

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

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

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

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

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

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

parties designed to achieve an improper purpose, including
influencing improperly the actions of another party.
[End of ITB]

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Bid Data Sheet

GENERAL
SR. No. PARTICULARS DATA
1 Office Inviting Tender UJJAIN DEVELOPMENT AUTHORITY
Ujjain (MP)
Email : [email protected]

2 NIT No.

3 Date of NIT

4 Website link https:// www.mptenders.gov.in

SECTION 1 - NIT
NIT
PARTICULARS DATA
CLAUSE
1 Cost of Tender Form Fees As notified in E-Tendering Website
(Any type of exemption in Tender Form Fees / EMD
will not be allowed and Tender without Tender form
Fees / EMD shall be rejected prima-facie.)
2 Affidavit Format As per 'Annexure- B'
3 Pre-qualifications required Yes.
If Yes applicable as below :
(a) In case of Roads and Bridge works
costing more than Rs. Five Cr.
And
(b) In case of Building works costing more
than Rs. Two Cr.
If Yes, details As per 'Annexure- C' separately attached
4 Special Eligibility NO
If Yes Annexure D
5 Key dates As per 'Annexure -A'

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 UJJAIN DEVELOPMENT AUTHORITY
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Bid Data Sheet

SECTION 2 - ITB1
ITB
CLAUSE PARTICULARS DATA
1 Name of the ‘Work’ ORNAMENTAL SHED (WITH GRILL AND GATE) WORK
AT MAHAKAL MANDIR PARISAR, UJJAIN

2 Specifications and SOR Annexure - E (SOR applicable)

MP PWD SOR -
(i) For Building works in force from 15-09-2022
and adopted by UDA from 26-09-2022 OR Authorised
Manufacturer (certificate has been issued by Govt.
Organisation)

(ii) Rates of items not included in SOR but included in

the BOQN as a NONSOR shall be treated as SOR items
for this work and tender percentage shall be counted
accordingly

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

e-tendering
Whether Joint Venture is NO
4 allowed.
If Yes (As per 'Annexure – ‘G' )
Envelope-A containing : Online
i) Scanned copy of proof of Cost of
Bid Document
ii) Scanned copy of proof of EMD
iii) PAN Card
iv) Valid registration copy of :-
PF,GST,MPPWD.
5
v) An affidavit duly notarized as per
Annexure-B.
vi) Organizational details as per
Annexure-H
vii) Valid A-Class Electrical License
of Competent Authority of state
of MP (if required)
6 Envelope-B Technical Proposal As per Annexure-I (Format I-1 to I-5)
Envelope-C Financial Bid As per Annexure-J to be submitted online only
7 Materials to be issued by the As per 'Annexure - K'
department
8 Period of Validity of Bid 120 Days

Page 14 of 75
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Bid Data Sheet

ITB
CLAU PARTICULARS DATA
SE
Earnest Money Deposit Rs. 320160/-
Forms of Earnest Money Online payment through Debit Card /
Deposit Credit Card/ Net Banking or system
generated challan
9 EMD valid for a period of Six months or more
Account details for Online 1) Name of A/c.Holder…………………..
EMD payment 2) A/c.No………………………………….
3) Bank Name……………………………
4) IFS Code……………………………….
10 Letter of Acceptance (LoA) As per Annexure -L
11 Amount of Performance 5% of Contract amount in form of FDR /
Security Bank guarantee.
Additional Performance Equal to an amount arrived at, by multiplying
Security, if any the contract amount with difference of
percentage between percent rates
(below/minus) of successful bid and 10 percent
(below / minus), considering bid rates less than
TEN percent below PAC, to be unworkable and
shall require additional performance security
(guarantee).
Performance Security in the As per 'Annexure- M'
format
Performance Security in UJJAIN DEVELOPMENT AUTHORITY,
favour of UJJAIN
Performance Security valid up Time period plus DLP plus 3 months
to2
Additional Performance Till stipulated time of completion plus three
Security as per clause – 22.2 months
of ITB valid upto
12 Signing of contract The bidder shall require to sign the contract
agreement within 10 days from the date of issue of
LOA.
Note: The conditions / information as mentioned above in the Bid-data
sheet, shall supersede the relevant clause of ITB (Instructions to
Bidders) of the tender document.

Page 14(a) of 75
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Annexure – A

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Annexure – B
|| Affidavit ||
(To be contained in Envelope A)
(On Non Judicial Stamp of Rs. 100/-)
I/We _____________________________who is/ are________________
(status in the firm/ company) and competent for submission of the affidavit on
behalf of M/S ______________________ (contractor) do solemnly affirm on oath
and state that:
I/We am/are fully satisfied for the correctness of the certificates/records
submitted in support of the following information in bid documents which are being
submitted in response to notice inviting e-tender No. ______________ for
__________________________ (name of work) dated _______ issued by the
Executive Engineer, UDA Ujjain.
I/We am/ are fully responsible for the correctness of following self-certified
information/ documents and certificates:
1. That the self-certified information given in the bid document is fully true and
authentic.
2. That:
a. Term deposit receipt deposited as earnest money, demand draft for cost
of bid document and other relevant documents provided by the Bank are
authentic.
b. Information regarding financial qualification and annual turnover is
correct.
c. Information regarding various technical qualifications is correct.
3. No close relative of the undersigned and our firm/company is working in the
department.
OR
Following close relatives are working in the department:
Name _______________ Post ____________ Present Posting________

Signature with Seal of the Deponent (bidder)

I/We, _____________________ above deponent do hereby certify that the

facts mentioned in above paras 1 to 3 are correct to the best of my knowledge and
belief.
Verified today _____________ (dated) at ______________ (place).

Signature with Seal of the Deponent (bidder)

Note: affidavit duly notarized in original shall reach at least one calendar day before opening of the
bid.

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Annexure – C

PRE-QUALIFICATIONS CRITERIA

The bidder should have:

A. Financial
i. experience of having successfully executed work:
a) three similar workseach costing not less than the amount equal to 20% of the
probable amount of contract during the last 5 financial years (2022-23, 2021-22, 2020-
21, 2019-20, 2018-19) in any Govt. / Semi Govt. / Govt. undertaking organization; or
development authority.
b) two similar works each costing not less than the amount equal to 30% of the probable
amount of contract during the last 5 financial years (2022-23, 2021-22, 2020-21, 2019-
20, 2018-19) in any Govt. / Semi Govt. / Govt. undertaking organization; or
c) one similar work costing not less than the amount equal to 50% of the probable
amount of contract during the last 5 financial years (2022-23, 2021-22, 2020-21, 2019-
20, 2018-19) in any Govt. / Semi Govt. / Govt. undertaking organization.
Definition of Similar nature of work - (The work of decorative ornamental grill, gate and
shed (cast iron, Aluminium and MS fabricated) should be done by the contractor)
ii. Average annual construction turnover on the construction works not less than 50% of
the probable amount of contract during the last 5 financial years.

iii. Executed similar items of work in any one financial year during the last 5 financial
years, which should not be less than the minimum, physical requirement, if any, fixed
for the work.

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

B. Physical
Physical qualifications for the work shall be as below:

(The Employer shall specify all physical qualifications required).

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Annexure – D
SPECIAL ELIGIBILITY CRITERIA
The bidder should have experience of :-

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ANNEXURE - E

Specifications
1. MP PWD Department Specifications.
2. CPWD Specifications (if specification are not available for any item of the
work CPWD specification shall be applicable).
3. NBC (National building Code) specifications.
4. IS Code.
5. IRC Codes.
6. MoRTH (5th edition).
7. Electrical:
7.1 External / Internal Electrification work will be executed as par latest
CPWD, Specification & N.B.C. 2016.
7.2 All Electrical material should be as per latest IS / IEC Standard and
as per technical specification documents.
8. HVAC: Work will be executed as per ISHRAE.

(Whichever is applicable for the work put to this NIT)

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

elsewhere in the bid document, as well as execution drawings and notes, or other
specifications issued in writing by the EE prior approval from CE shall form part of
the technical specifications of this work.3

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Annexure -F

Procedure for Participation in e-Tendering

1. Registration of Bidders on e-Tendering System:

All the PWD registered bidders are already registered on the new e-
procurement portal https://www.mptenders.gov.in. The user id will be the
contractor ID provided to them from MP Online. The password for the new
portal has been sent to the bidders registered email ID. For more details may
contact National Information Centre email id: [email protected].
Helpdesk phone numbers are available on website.

2. Digital Certificate:

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

Note:
i. It may take upto 7 working days for issuance of Class III Digital Certificate;
hence the bidders are advised to obtain the certificate at the earliest.
Those bidders who already have valid Class III Digital Certificate need not
obtain another Digital Certificate for the same. The bidders may obtain
more information and the application form required to be submitted
for the issuance of Digital Certificate from CCA.GOV.IN.

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

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

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

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

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

In case of Private Limited Company, Public Limited Company, the Managing

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 UJJAIN DEVELOPMENT AUTHORITY
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Director has to authorize a specific individual through Authority Letter.

Unless the certificate is revoked, it will be assumed to represent adequate
authority of the specific individual to bid on behalf of the organization for
online bids as per information Technology Act 2000. This Authorized User
will be required to obtain a Digital Certificate. The Digital Signature executed
through the use of Digital Certificate of this Authorized User will be binding
on the firm. It shall be the responsibility of Management / Partners of the
concerned firm to inform the Certifying Authority, if the Authorized User
changes, and apply for a fresh Digital Certificate for the new Authorized
User.
3. Set Up of Bidder’s Computer System:

In order for a bidder to operate on the e-tendering System, the Computer

System of the bidder is required to be set up for Operating System, Internet
Connectivity, Utilities, Fonts, etc. The details are available at
https://www.mptenders.gov.in.
4. Key Dates:
The bidders are strictly advised to follow the time schedule (Key Dates) of
the bid on their side for tasks and responsibilities to participate in the bid, as
all the stages of each bid are locked before the start time and date and after
the end time and date for the relevant stage of the bid as set by the
Department.
5. Preparation and Submission of Bids
The bidders have to prepare their bids online, encrypt their bid Data in the
Bid forms and submit Bid of all the envelopes and documents related to the
Bid required to be uploaded as per the time schedule mentioned in the key
dates of the Notice inviting e-Tenders after signing of the same by the Digital
Signature of their authorized representative.
6. Purchase of Bid Document
For purchasing of the bid document bidders have to pay Service Charge
online ONLY which is Rs. [as per Bid Data Sheet]. Cost of bid document is
separately mentioned in the detailed NIT. The Bid Document shall be
available for purchase to concerned eligible bidders immediately after online
release of the bids and upto scheduled time and date as set in the key
dates.
The payment for the cost of bid document shall be made online through
Debit/Credit card, Net banking or NEFT challan through the payment
gateway provided on the portal.
7 Withdrawal, Substitution and Modification Of Bids
Bidder can withdraw and modify the bid till Bid submission end date.

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Annexure – G

JOINT VENTURE (J.V.)

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

1. Bids submitted by a joint venture of two or more firms as partners shall comply with
the following requirements :

a. one of the partners shall be nominated as being Lead Partner, and this
authorization shall be evidenced by submitting a power of attorney signed by
legally authorized signatories of all the partners;

b. the bid and, in case of a successful bid, the Agreement, shall be signed so as to be
legally binding on all partners;

c. the partner in charge shall be authorized to incur liabilities and receive instructions
for and on behalf of any and all partners of the joint venture and the entire
execution of the contract, including payment, shall be done exclusively with the
partner in charge;

d. all partners of the joint venture shall be liable jointly and severally for the
execution of the contract in accordance with the contract terms, and a statement
to this effect shall be included in the authorization mentioned under [c] above, as
well as in the bid and in the Agreement [in case of a successful bid];

e. The joint venture agreement should indicate precisely the role of all members of JV
in respect of planning, design, construction equipment, key personnel, work
execution, and financing of the project. All members of JV should have active
participation in execution during the currency of the contract. This should not be
varied/modified subsequently withoutprior approval of the employer;

f. The joint venture agreement should be registered, so as to be legally valid and

binding onall partners; and

g. a copy of the Joint Venture Agreement entered into by the partners shall be
submitted with the bid.

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

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

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

5. Attach the agreement among all partners of the joint venture [and which is legally

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 UJJAIN DEVELOPMENT AUTHORITY
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binding on all partners], which shows the requirements as indicated in the Instructions
to Bidders’.

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

DETAILS OF PARTICIPATION IN THE JOINT VENTURE

PARTICIPATION DETAILS FIRM”A” (lead partner) FIRM”B”

Financial

Name of Banker(s)

Planning

Construction Equipment

Key personnel

Execution of Work

(give details on contribution of each)

The partners of J.V. should satisfy the qualification criteria as below :

i) The lead partner must have the share minimum of 51% in the JV.
ii) The other partner(s) must have the share of minimum 26% in the JV.
iii)The lead partner and the other partners must also meet 51% and 26% of the all
qualifications criteria respectively except for the requirement of work experience described
in Annexure-1 (A). However both the partners must satisfy the full 100% qualification
criteria jointly. For this purpose the qualification of individual partners shall be added (for
Annual Average Turnover and for Bid Capacity only).
iv) Following clarification/amendment is hereby done in requirement contained in
Annexure I-1(A) for J.V.
(iv) Out of 3 Similar Work of value more than 40% of PAC at least 2 Works must be done
by lead partner and one Work to be done by the other partner.
(v) Out of 2 Similar Work of Value more than 60% of PAC, at least ( One ) work must be
done by lead partner and 1 (One) Work is done by other partner, OR
(vi) In case of One similar work of value more than 80% of PAC the lead partner must
satisfy the criteria. However the other partner satisfy the criteria in (i) above i.e at
least one work of 20% of PAC

8. For the meeting the minimum qualification criteria of experience of similar nature
work. Every partner can have experience of different works as defined in similar nature
works and together should have the experience of all type of works described in similar
nature works.

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Annexure – H

ORGANIZATIONAL DETAILS
(To be contained in Envelope-A)

S.No. Particulars Details

1 Registration number issued by (If applicable, scanned copy
Centralized Registration system of of proof of application for
Govt. of M.P. or proof of application for registration to be uploaded)
registration
2 Valid registration of bidder in Registration No…… Date……
appropriate class through centralized (Scanned copy of registration
registration of Govt. of M.P. to be uploaded)
3 Valid GST, PAN and PF Registration
No.
4 Name of Organization / Individual /
Proprietary Firm / Partnership firm
5 Entity of Organization Individual /
Proprietary firm / Partnership firm
(Registered under Partnership Act) /
Limited company (Registered under the
Companies Act 1956) / Corporation /
Joint Venture
6 Address of communication
7 Telephone number with STD code
8 Fax Number with STD code
9 Mobile Number
10 Email Address of all communication
Details of Authorized Representative
11 Name
12 Designation
13 Postal Address
14 Telephone number with STD Code
15 Fax Number with STD code
16 Mobile Number
17 Email Address
Note: In case of partnership firm and limited company certified copy of partnership deed/ Articles of
Association and Memorandum of Association along with registration certificate of the company
shall have to be enclosed.

Date: Signature of Bidder with Seal

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Annexure – I

ENVELOPE – B, TECHNICAL PROPOSAL

Technical Proposal shall comprise the following documents:

S.No. Particulars Details to be submitted

1 Pre-Qualification Criteria Annexure - C

2 Experience – Finance & Annexure – I (Format : I-1)

Physical

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

4 Bid Capacity Annexure - X

5 List of Technical Personnel for Annexure – I (Format : I-3)

the key positions

6 List of Key equipments / Annexure – I (Format : I-4)

machines for quality control
labs

7 List of Key Equipments / Annexure – I (Format : I-5)

Machines for construction
work

Note:
1. Technical Proposal should be uploaded duly page numbered and indexed.
Each page must be signed by the bidder.
2. Technical Proposal uploaded otherwise will not be considered.

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Annexure - I (Format: I-1)

FINANCIAL & PHYSICAL EXPERIENCE DETAILS4

A. Financial Requirement:

The bidder should have executed either of the below:

a) three similar works, each costing not less than the amount equal to 20% of the
probable amount of contract for any Govt. / Semi Govt. / Govt. undertaking organization
during the last 5 financial years; or
b) two similar works, each costing not less than the amount equal to 30% of the
probable amount of contract for any Govt. / Semi Govt. / Govt. undertaking organization
during the last 5 financial years; or
c) one similar work, each costing not less than the amount equal to 50% of the probable
amount of contract for any Govt. / Semi Govt. / Govt. undertaking organization during
the last 5 financial years.

a) To be filled-in by the contractor:

i.
Details of successfully completed similar works shall be furnished in the following format.
Certificate duly signed by the employer shall also be enclosed for each completed similar
ii.
work.
Agreement Name of Work Date of Date of Amount of Employer's
Number & Year Work Completion Contract Name and
Order Address

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

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

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

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B. Physical Requirement:
Execution of similar items of work in any one financial year during the last 3 financial years
should not be less than the minimum physical requirement fixed for the work.

S. Particulars Actual Quantity Executed

No. (To be filled in by the contractor)
Year – 1 Year – 2 Year – 3

1 Physical qualification required

2 Earthwork

3 Concrete work

Note:
1. Certificate duly signed by the employer not less than the Executive Engineer shall be enclosed
for the actual quantity executed in any one year during the last 3 financial years.
2. Similar works: The similarity shall be based on the physical size, complexity, methods
technology or other characteristics of main items of work viz. earth work, cement concrete,
Reinforced cement concrete, brick masonry, stone masonry etc.
3. Above annexure and each of the documents in support must be signed by the bidder.

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 UJJAIN DEVELOPMENT AUTHORITY
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Annexure - I (Format: I -2)

ANNUAL TURN OVER

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

To be filled-in by the contractor:

Financial Year Payments received for contracts in progress or completed

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

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

ENHANCEMENT FACTOR: The base year shall be taken as 2022–23. Following enhancement
factors will be used for the cost of works executed and the financial figures bring to a common base
for the value of works completed in India, for above clause only.
Year Multiplying factor

2022- 23 1.00

2021 – 22 1.10

2020 – 21 1.21

2019 – 20 1.33

2018 – 19 1.46

Note:
1. Above annexure and each of the documents in support must be signed by the
bidder.

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Annexure - I (Format: I -3)

List of Technical Personnel for the Key Positions5

Minimum requirement at work site Available with the bidder

Qualification

Qualification
Similar work

Similar work
Key Position

Key Position
requirement

Total Work

Total Work
experience

Experience

experience

Experience
Personnel
Name of
Minimum
S. No.

S. No.
Age

Age
1 Project
Manager
2 Civil Engineer

3 Field
Engineer
4 Material
Engineer
5 Quantity
surveyor
6 Bill Engineer

7 Lab
Technician
8 Electrical
Engineer
9 Field Electrical
Engineer
10 Mechanical
Engineer

11 Field
Mechanical
Engineer
12 Safety
Engineer

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Annexure I (Format: I -4)

List of Key Equipments/ Machines for Quality Control Labs

1. Contractor Should Have his own automatic 1 weight batching plant of min.60 cu.m/hr
capacity Equipped as per requirement - transit mixer. He may submit ownership papers /
lease Agreement.
2. Well Equipped Lab Having Following equipments
a. Chemical Analysis Set For Concrete And Mortar
b. Density test :Sand replacement Appartus + oven
c. Small containers=20 nos
d. Rapit Moisture Meter Set
e. Electronic Weighing Machine of Sensitiveness 0.01 kg
f. Balance Capable for measuring 2000 kg
g. Sieve Set :-
i) 20mm Down metal
ii) 40mm Down metal
iii) sand
h. Electronic Bar detector (Bar Spacer)
i. Mohar’s Hardness scale
j. Universal testing Machine :-
a. Compressive testing Machine
b. Rebound hammer
k. Concrete Cube Set
l. Ovens: Electrically operated, thermostatically controlled up to 110 degree C –
Sensitivity 1 decre C.
m. Sieves – As per IS 460
n. Enamel Trace (For efflorescene test for bricks)
o. Micrometer Screw 25mm gauge
p. Moisture meter for timber
q. Other instrument like Steel tapes – 3m, 10m, 15m, 30m, 50m and 100m, verneer
calipers, good quality plumb bobs, spirit level minimum 30cm long with 3 bubbles for
horizontal vertical, wire gauge (circular type) Disc, foot rule, long nylon thread,
magnifying glass, screw driver 30 cms long hammer 100 gms, plastic bags etc.

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 UJJAIN DEVELOPMENT AUTHORITY
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Annexure - I (Format: I -5)

List of Key Equipments / Machines for Construction Work

Minimum requirement Available with the bidder

Name of
Name of Equipment/
S. Quantity Equipment/ Quantity
No. Machinery
Machinery
1 RMC Plant of 30 cum/hr. 0 Nos.

2 Transit Mixer 0 Nos.

3 Tower Crane 0 Nos.

4 Hoist Crane 0 Nos.
5 Cage Lift (For Inspection 0 Nos.
purpose)
6 Plate vibrator 1 Nos.
7 Pin vibrator 40 m.m., 2 Nos.
60m.m Diesel/Electric
8 JCB 1 Nos.
Proclane 0 Nos
9 Loader 0 Nos.
10 Dumper 0 Nos.
11 Electric / Petrol or diesel 0 Nos.
steel saw
12 DG Set 0 Nos.
13 Auto level 0 Nos.
14 Total Station point survey 0 Nos.
instrument
15 Diamond core cutter 0 Nos.

16 Compactor
Vibrator Roller 0 Nos.
Ordinary Roller 0 Nos.
Hydraullic Roller 0 Nos.

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SCHEDULE 'A'
STRUCTURE AND ORGANISATION

1. Name of Bidder..

2. Head Office Address

Fax No. …………………. Telephone No. …………………………

E- mail address-.............. Mobile no- ......................

3. Regional Office Address.

Fax No. ……………… Telephone No. …………………………

E- mail address-........... Mobile no- ......................

4. Description of bidder (e.g. General, Civil Engineering contractor)

5. Name and address of bankers ……………………………………………

6. Attach an organization chart showing the structure of the company including

names and positions of Directors and key personnel.

Signature of Bidder

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SCHEDULE 'B'

PERSONAL CAPABILITIES

S.No. Name & Address of the Technical Post held Date of Construction
Employee Employment Experience
Qualifications

1.

2.

3.

4.

5.

6.

7.

Signature of Bidder

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SCHEDULE 'C'

EQUIPMENT CAPABILILTIES

(List of Plants and equipments owned by the bidder)

S.No. Particulars of Machineries, Tools, Plant, etc. owned by Bidder Quantity Approximate
Value

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

NOTE: - Please attach documents of ownership.

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Signature of Bidder

SCHEDULE 'D'

DETAILS OF COMPLETED WORKS OF SIMILAR NATURE

(During last Five years)

S. Name of the Name of the Brief Date Date of Date of Value

Contract Client Description of of completion as actual
No. the works start per contract completion

1.

2.

3.

4.

Signature of Bidder

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SCHEDULE 'E'

DETAILS OF WORKS OF SIMILAR NATURE IN HAND

S. Name of the Name of Brief Date of Date of Total value of

Work the Description start completion Value of work
No.
Client of the works the work executed
As per
contract

Value of balance works of existing contract commitments _________

NOTE: -

1. Contractor must submit the work order copies of projects mentioned.

2. Contractor must submit the certificate of executed work signed by not less then
Executive Engineer

3. Please attach supported documents and photographs for the above Information.

Signature of Bidder

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SCHEDULE 'F'

INFORMATION REGARDING LITIGATION, DEBARRING/EXPELLING AND

ABANDONMENT DURING LAST THREE YEARS

1. (a) Is the bidder currently involved in any litigation

related to the contract works. YES/NO

(b) If yes, give details

2. (a) Has the bidder or any of its constituent partners

been debarred/expelled by any department

during the last three years. YES/NO

(b) If yes, give details

3. (a) Has the bidder or any of its constituent partners

Failed to perform any contract work during the

last three years. YES/NO

NOTE: - If any information in this schedule is found to be incorrect or concealed,

application/tender will be rejected.

Signature of Bidder

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Annexure – J

FINANCIAL BID
(To Be Contained in Envelope-C)
Name of Work:
I/We hereby bid for the execution of the above work within the time specified at the
rate (in figures) _______ (in words) _______________________ percent below/ above
or at par based on the Bill of Quantities and item wise rates given therein in all respects
and in accordance with the specifications, designs, drawings and instructions in writing in
all respects in accordance with such conditions so far as applicable. I/We have visited the
To be submitted
site of work and am/ are fully aware of all the difficulties and conditions likely to affect
carrying out the work. I/We have fully acquainted myself/ourselves about the conditions in
regard to accessibility of site and quarries/kilns, nature and the extent of ground, working
Online only
conditions including stacking of materials, installation of tools and plant conditions effecting
accommodation and movement of labour etc. required for the satisfactory execution of
contract.
Should this bid be accepted, I/We hereby agree to abide by and fulfill all the terms
and provisions of the said conditions of contract annexed hereto so far as applicable, or in
default thereof to forfeit and pay to the Governor of Madhya Pradesh or his successors in
office the sums of money mentioned in the said conditions.
Note:

i. Only one rate of percentage above or below or at par based on the Bill of Quantities
and item wise rates given therein shall be quoted.
ii. Percentage shall be quoted in figures as well as in words. If any difference in
figures and words is found lower of the two shall be taken as valid and correct rate.
If the bidder is not ready to accept such valid and correct rate and declines to
furnish performance security and sign the agreement his earnest money deposit
shall be forfeited.
iii. In case the percentage "above" or "below" is not given by a bidder, his bid shall be
treated as non-responsive.
iv. All duties, taxes, and other levies payable by the bidder shall be included in the
percentage quoted by the bidder.
Signature of Bidder Name of Bidder

The above bid is hereby accepted by me on behalf of the Governor of Madhya

Pradesh dated the _________ day of __________ 20______________

Signature of Officer by whom accepted

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Annexure – K

MATERIALS TO BE ISSUED BY THE DEPARTMENT

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

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Annexure – L

LETTER OF ACCEPTANCE (LOA)

No. Dated:
To

Subject : -
Reference :-
Dear Sir
Your bid for the work mentioned above has been accepted on behalf of the Ujjain Development
Authority, Ujjain (MP) at your bided percentage ................................... PWD SOR Building,
Electrical works in force from 15-09-2022 and Road & Bridge works in force from 25-03-
2022.
.
You are requested to submit within 15 (Fifteen) days from the date of issue of this letter.
a) The performance security/ performance guarantee of
...................................................................................................................................................
.................................................. And Additional Performance Guarantee Rs.
........................................................ The performance security shall be in the shape of term
deposit receipt/ bank guarantee of any nationalized/schedule commercial bank valid up to
three months after the expiry of defects liability period.
b) Sign the contract agreement.
Please note that the time allowed for carrying out the work as entered in the bid is
....................................... months including rainy season, shall be reckoned from the date of signing
the contract agreement.
Signing the contract agreement shall be reckoned as intimation to commencement of work
and no separate letter for commencement of work is required. Therefore, after signing of the
agreement, you are directed to contact the Engineer-in-charge for taking the possession of site and
necessary instructions to start the work.
Note :- The Non judicial stamp of .............................................. to be required at the time of
Agreement. In case the Agreement is not executed within the Stipulated Time period, the
earnest money deposited ...........................................will be Forfieted in the Favour of the Ujjain
Development Authority.

Executive Engineer
UDA, UJJAIN

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Annexure – M
PERFORMANCE SECURITY
To
_____________________[name of Employer]
_____________________
_____________________[address of Employer]
_____________________

WHEREAS ________________________[name and address of Contractor]

(Hereinafter called "the Contractor") has undertaken, in pursuance of Letter of Acceptance
No.__________ dated ____________ to execute _____________[name of Contract and
brief description of Works] (hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the
Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum
specified therein as security for compliance with his obligation in accordance with the
Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you on behalf of the Contractor, up to a total of ___________ [amount of guarantee]*
___________ ___(in words), such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you, upon your
first written demand and without cavil or argument, any sum or sums within the limits of
_________________[amount of guarantee] as aforesaid without your needing to prove or
to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the contractor
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of
the Contract of the Works to be performed there under or of any of the Contract
documents which may be made between you and the Contractor shall in any way release
us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.
This guarantee shall be valid until 3 (three) months from the date of expiry of the
Defect Liability Period.
Signature, Name and Seal of the guarantor
__________________________________________
Name of Bank _____________________________________________________
Address__________________________________________________________
Phone No., Fax No., E-mail Address, of Signing Authority ___________________
Date ___________________
* An amount shall be inserted by the Guarantor, representing the percentage the
Contract Price specified in the Contract including additional security for unbalanced
Bids, if any and denominated in Indian Rupees.

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Annexure – M-1
BID SECURITY (BANK GUARANTEE)
WHEREAS, ____________________________ [Name of Bidder] (hereinafter
called “the Bidder”) has submitted his bid dated _________ [Date] for the construction
of___________________________ [Name of Contract] (hereinafter called “the Bid”).
KNOW ALL MEN by these presents that We, ________________________ [Name
of Bank] of _________________________________ [Name of Country] having our
registered office at__________________________ (hereinafter called “the Bank”) are
bound unto Ujjain Development Authority, ujjain (here in after called “Pradhikarani”) in the
sum of _______(__________________________________________) for which payment
well and truly to be made to the said Pradhikaran the Bank binds himself, his successors
and assigns by these presents.
SEALED with the Common Seal of the said Bank this_____day of______201__

THE CONDITIONS of this obligation are:

(1) If the Bidder withdraws his Bid during the period of bid validity specified in the tender
documents; or
(2) If the Bidder does not accept the correction of arithmetical errors of his Bid Price in
accordance with the Instructions to Bidder; or
(3) If the Bidder having been notified of the acceptance of his Bid by the Pradhikaran
during the period of bid validity,
(a) Fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Bidders, if required: or
(b) Fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Bidders,
(c) Fails or refuses to furnish the Domestic Preference Security, where required.
We undertake to pay to the Pradhikaran up to the above amount upon receipt of his
first written demand, without the Pradhikaran i having to substantiate his demand, provided
that in his demand the Pradhikaran will note that the amount claimed by him is due to him
owing to the occurrence of one or any of the conditions, specifying the occurred condition
or conditions.
This Guarantee will remain in force up to and including the date 120 (one hundred
and twenty) days after the deadline for submission of bids as such deadline is stated in the
Instructions to Bidders or as it may be extended by the Pradhikaran notice of which
extension(s) to the
Bank is hereby waived. Any demand in respect of this Guarantee should reach the
Bank not later than the above date.
DATE___________________
SIGNATURE OF THE BANK___________________________________________
SEAL OF THE BANK ____________________________________________
SIGNATURE OF THE WITNESS _______________________________________
NAME AND ADDRESS OFTHE WITENESS________________________________
* AND ADDRESS OFTHE WITENESS________________________________

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SECTION 2

Conditions of Contract
Part – I General Conditions of Contract [GCC]

Table of Clauses of GCC

Clause Particulars Clause Particulars

No. No.
A.General 21 Payments for variations and / or
Extra Quantities
No compensation for alterations
1 Definitions 22 in or restriction of work to be
carried out
Interpretations and
2 23 No Interest Payable
Documents
3 Language and Law 24 Recovery from contractors
4 Communications 25 Tax
5 Subcontracting 26 Check Measurements
Termination by Engineer in
6 Personnel 27
charge
7 Force Majeure 28 Payment upon Termination
8 Contractor’s Risks 29 Performance Security
Liability for Accidents to
9 30 Security Deposit
Person
Contractor to construct the
10 31 Price Adjustment
works
Mobilization and Construction
11 Discoveries 32
Machinery Advance
12 Dispute Resolution System 33 Secured Advance
B.Time Control 34 Payments Certificates
13 Programme E. Finishing the Contract

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Clause Particulars Clause Particulars

No. No.
14 Extension of Time 35 Completion Certificate
15 Compensation for Delay 36 Final Account
Contractor’s quoted
16 F.Other Conditions of
percentage Contract
C.Quality Control 37 Currencies
17 Tests 38 Labour
Correction of Defects
18 noticed during the Defect 39 Compliance with Labour
Regulations
Liability Period

D.Cost Control 40 Audit and Technical

Examination
Variations – Change in
19 original Specifications, 41 Death or Permanent Invalidity
of Contractor
Designs, Drawings etc.
20 Extra Items 42 Jurisdiction
43 Insurance

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A. General
1. DEFINITIONS

1.1. Bill of Quantities: means the priced and completed Bill of Quantities forming part of the
Bid.
1.2. Chief Engineer: means Chief Engineer of the UDA. In case CE is not appointed posted
SE shall perform the duty of CE.
1.3. Completion: means completion of the work as certified by the Engineer-in-Charge, in
accordance with provisions of agreement.
1.4. Contract: means the Contract between the Employer and the Contractor to execute,
complete and/or maintain the work. Agreement is synonym of Contract and carries the
same meaning wherever used.
1.5. Contract Period: means from date of LOA to date of defect liability period.
1.6. Contract Data: means the documents and other information which comprise of the
Contract.
1.7. Contractor: means a person or legal entity whose bid to carry out the work has been
accepted by the Employer.
1.8. Contractor's bid: means the completed bid document submitted by the Contractor to the
Employer.
1.9. Contract amount: means the amount of contract worked out on the basis of accepted bid.
1.10. Completion of work: means completion of the entire contracted work. Exhaustion of
quantity of any particular item mentioned in the bid document shall not imply completion of
work or any component thereof.
1.11. Day: means the calendar day.
1.12. Defect: means any part of the work not completed in accordance with the specifications
included in the contract.
1.13. Department: means Ujjain Development Authority.
1.14. Drawings: means drawings including calculations and other information provided or
approved by the Engineer-in-Charge.
1.15. Employer: means the party as defined in the Contract Data, who employs the Contractor
to carry out the work. The Employer may delegate any or all functions to a person or body
nominated by him for specified functions. The word Employer means Ujjain Development
Authority.
1.16. Engineer: means Executive Engineer of UDA

1.17. Engineer in charge: means Executive Engineer of UDA.

1.18. EE: means Executive Engineer of UDA.

1.19. Equipment: means the Contractor's machinery and vehicles brought temporarily to the Site
for execution of work.
1.20. In Writing: means communicated in written form and delivered against receipt / Email.
1.21. Material: means all supplies, including consumables, used by the Contractor for
6
incorporation in the work.
1.22. Superintending Engineer: means Superintending Engineer-in-Charge of UDA.

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1.23. Stipulated period of completion: means the period in which the Contractor is required to
complete the work. The stipulated period is specified in the Contract Data.
1.24. Specification: means the specification of the work included in the Contract and any
modification or addition made or approved by the Engineer-in-Charge.
1.25. Start Date: means the date of signing of agreement for the work.
1.26. Sub-Contractor: means a person or corporate body who has a Contract with the
Contractor, duly authorised to carry out a part of the construction work under the Contract.
1.27. Temporary Work: means work designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the work.
1.28. Tender/Bid, Tenderer / Bidder: are the synonyms and carry the same meaning where
ever used.
1.29. Variation: means any change in the work which is instructed or approved as variation
under this contract.
1.30. Work: The expression "work" or "works" where used in these conditions shall unless there
be something either in the subject or context repugnant to such construction, be construed
and taken to mean the work by virtue of contract, contracted to be executed, whether
temporary or permanent and whether original, altered, substituted or additional.
2. INTERPRETATIONS AND DOCUMENTS

2.1 Interpretations

In the contract, except where the context requires otherwise:

a. words indicating one gender include all genders;
b. Words indicating the singular also include the plural and vice versa.
c. provisions including the word “agree”, “agreed” or “agreement” require the
agreement to be recorded in writing;
d. “written” or “in writing” means hand-written, type-written, printed or electronically
made, and resulting in a permanent record;

2.2 Documents Forming Part of Contract:

1. NIT with all amendments.

2. Instructions to Bidders (ITB, Bid Data Sheet with all Annexures)
3. Conditions of Contract:
i) Part I General Conditions of Contract and the Contract Data with all Annexures
ii) Part II Special Conditions of Contract.
4. Specifications
5. Drawings
6. Bill of Quantities
7. Technical and Financial Bid
8. Agreement, and
7
9. Any other document(s), as specified.
3. Language and Law

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

4. Communications

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

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

5. Subcontracting- Not Allowed

6. Personnel

6.1 The Contractor shall employ for the construction work and routine maintenance the
technical personnel as provided in the Annexure I-3 of Bid Data Sheet, if applicable. If
the Contractor fails to deploy required number of technical staff, recovery as specified
in the Contract Data will be made from the Contractor.
6.2 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within three days and has no further connection with the Works
8
in the Contract.

7. Force Majeure

7.1 The term “Force Majeure” means an exceptional event or circumstance:

(a) Which is beyond a Party’s control,
(b) Which such Party could not reasonably have provided against before entering into the
Contract,
(c) Which, having arisen, such Party could not reasonably have avoided or overcome, and
(d) Which is not substantially attributable to the other Party.
Force Majeure may include, but is not limited to, exceptional events or circumstances of
the kind listed below, so long as conditions (a) to (d) above are satisfied:

(i) War, hostilities (whether war be declared or not), invasion, act of foreign enemies,
(ii) Rebellion, terrorism, sabotage by persons other than the Contractor’s Personnel,
revolution, insurrection, military or usurped power, or civil war,
(iii) Riot, commotion, disorder, strike or lockout by persons other than the Contractor’s
Personnel,
(iv) Munitions of war, explosive materials, ionising radiation or contamination by radio-
activity, except as may be attributable to the Contractor’s use of such munitions,
explosives, radiation or radio-activity, and
(v) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.
7.2. In the event of either party being rendered unable by force majeure to perform any duty or
discharge any responsibility arising out of the contract, the relative obligation of the party
affected by such force majeure shall upon notification to the other party be suspended for
the period during which force majeure event lasts. The cost and loss sustained by either
party shall be borne by respective parties.

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7. 3 For the period of extension granted to the Contractor due to Force Majeure the price
adjustment clause shall apply but the penalty clause shall not apply. It is clarified that this
sub clause shall not give eligibility for price adjustment to contracts which are otherwise
not subject to the benefit of price adjustment clause.

7.4 The time for performance of the relative obligation suspended by the force majeure shall
stand extended by the period for which such cause lasts. Should the delay caused by
force majeure exceed twelve months, the parties to the contract shall be at liberty to
foreclose the contract after holding mutual discussions.9

8. Contractor's Risks

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

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

9. Liability for Accidents to Person

The contractor shall be deemed to have indemnified and saved harmless the UDA against
all action, suits, claims, demands, costs etc. arising in connection with injuries suffered by
any persons employed by the contractor or his subcontractor for the works whether under
the General law or under workman's compensation Act, or any other statute in force at the
time of dealing with the question of the liability of employees for the injuries suffered by
employees and to have taken steps properly to ensure against any claim there under.

10. Contractor to Construct the Works

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

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

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

11. Discoveries

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Anything of historical or other interest or of significant value unexpectedly discovered on the

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

12. Dispute Resolution System

12.1 No dispute can be raised except before the Competent Authority as defined in Contract
Data in writing giving full description and grounds of dispute. It is clarified that merely
recording protest while accepting measurement and/or payment shall not be taken as
10
raising a dispute.

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

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

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

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

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

B. Time Control

13. Programme

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

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

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

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13.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does
not submit an updated Programme within this period, the Engineer may withhold the
amount stated in the Contract Data from the next payment certificate and continue to
withhold this amount until the next payment after the date on which the overdue
Programme has been submitted.

13.5 The Engineer's approval of the Programme shall not alter the Contractor's obligations.
11

14. Extension of Time

14.1. If the Contractor desires an extension of time for completion of the work on the ground
of his having been unavoidably hindered in its execution or on any other grounds, he
shall apply, in writing, to the Engineer-in-charge, on account of which he desires such
extension. Engineer-in-Charge shall forward the aforesaid application to the
Competent Authority as prescribed.

14.2 The competent authority shall grant such extension at each such occasion within a
period of 30 days of receipt of application from contractor and shall not wait for finality
of work. Such extensions shall be granted in accordance with provisions under clause-
15 of this agreement.

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

15. Compensation for delay

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

15.2 The time allowed for execution of the contract shall commence from the date of signing
of the agreement. It is clarified that the need for issue of work order is dispensed with.

15.3 In the event milestones are laid down in the Contract Data for execution of the works,
the contractor shall have to ensure strict adherence to the same.

15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract such
liquidated damages as is laid down in the Contract Data.

15.5 In the event of delay in execution of the Works as per the timelines mentioned in the
Contract Data the Engineer-in-charge shall retain from the bills of the Contractor
amount equal to the liquidated damages liveable until the Contractor makes such
delays good. However, the Engineer-in-charge shall accept bankable security in lieu of
retaining such amount.

11

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

15.7 In the event the Contractor fails to make good the delay until completion of the
stipulated contract period (including extension of time) the sum so retained shall be
12
adjusted against the liquidated damages levied.

16. Contractor's quoted percentage

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

C. Quality Control

17. Tests

17.1 The Contractor shall be responsible for:

a. Carrying out the tests prescribed in specifications, and
b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.
17.2 The contractor shall have to establish field laboratory within the time specified and
having such equipments as are specified in the Contract Data.

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

18. Correction of Defects noticed during the Defect Liability Period

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

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

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

D. Cost Control

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

12

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

19.2 The time for the completion of the work shall be adjusted in the proportion that the
altered, additional or substituted work bears to the original contract work and the
certificate of the Engineer-in-charge shall be conclusive as to such proportion.

20. Extra items

20.1 All such items which are not included in the priced BOQ shall be treated as extra items.

21. Payments for Variations and / or Extra Quantities

21.1 The rates for such additional (Extra quantity), altered or substituted work / extra items
under this clause shall be worked out in accordance with the following provisions in
their respective order:-

a. The contractor is bound to carry out the additional (Extra quantity), work at the
same rates as are specified in the contract for the work.
b. If the item is not in the priced BOQ and is included in the SOR of the department,
the rate shall be arrived at by applying the quoted tender percentage on the SOR
rate.
c. If the rates for the altered or substituted work are not provided in applicable
SOR - such rates will be derived from the rates for a similar class (type) of work as
is provided in the contract (priced BOQ) for the work.
d. If the rates for the altered, substituted work cannot be determined in the
manner specified in the sub clause (c) above - then the rates for such composite
work item shall be worked out on the basis of the concerned Schedule of Rates
minus/plus the percentage quoted by the contractor.
e. If the rates for a particular part or parts of the item is not in the Schedule of Rates
and the rates for the altered, or substituted work item cannot be determined in the
manner specified in sub clause (b) to (d) above, the rate for such part or parts will
be determined by the Competent Authority as defined in the Contract Data on the
basis of the rate analysis derived out of prevailing market rates when the work was
13
done.
f. But under no circumstances, the contractor shall suspend the work on the plea of
non-acceptability of rates on items falling under sub clause (a) to (d). In case the
contractor does not accept the rate approved by the Engineer in Charge for a
particular item, the contractor shall continue to carry out the item at the rates
determined by the Contractor Data sheet. The decision on the final rates payable
shall be arrived at through the dispute settlement procedure.

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

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

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

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

23. No Interest Payable

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

24. Recovery from Contractors

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

(a) Appropriating, in part or whole of the Performance Security and Additional Performance
Security, if any; and/or Security Deposit and / or any sums payable under the contract
to the contractor.
(b) If the amount recovered in accordance with (a) above is not sufficient, the balance sum
may be recovered from any payment due to the contractor under any other contract of
the department, including the securities which become due for release.
(c) The department shall, further have an additional right to effect recoveries as arrears of
land revenue under the M.P. Land Revenue Code.
25. TAXES:

25.1 Goods and Service Tax (GST) which includes IGST, CGST, SGST/UTGST, GST
Compensation Cess (if applicable) shall be paid extra. Tender Price (quoted rates) shall
be excluding GST. All duties, taxes, Octroi, Royalties, cess, and any other direct or
indirect taxes except GST, levied or to be levied, and/or any change in the rates of such
taxes, duties, cess, surcharge etc. from time to time, by the Central Government, State
Government, Local Bodies and any other Government Agency or private individuals on
the contractor’s work shall be inclusive in the quoted rates of the contract and such
taxes and duties will be paid by the contractor. Wherever TDS/TCS is required to be
deducted by the UDA under the Income Tax Act, GST Acts, or any other Act, such
taxes and duties shall be deducted at the specified rates from the contractor’s
bills/deposits. It is clarified that the burden/incidence of all such taxes and duties is on
the contractor and shall deemed to be included into the quoted rates of the contract
except GST. The tender price should be quoted after taking into account Input Tax
Credit available to the contractor. The list given in the clause is an illustrative list and
not the exhaustive list.

The registered contractor shall issue the Tax Invoice showing the amount of CGST,
SGST, IGST as the case may be, separately. The TDS under GST when applicable
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shall be deducted @2% (1% CGST & 1% SGST) on the taxable value by the
UDA. The other deduction like TDS under Income Tax, Labour Welfare Cess etc. shall
be deducted separately.

25.2 The contractor shall have to furnish a ROYALTY CLEARANCE CERTIFICATE from the
Distt. Collector before final bill.

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

26. Check Measurements

26.1 The department reserves to itself the right to prescribe a scale of check measurement
of work in general or specific scale for specific works or by other special orders.

26.2 Checking of measurement by superior officer shall supersede measurements by

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

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

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

27. Termination by Engineer in Charge

27.1 If the Contractor fails to carry out any obligation under the Contract, the Engineer in
Charge may by notice require the Contractor to make good the failure and to remedy it
within a specified reasonable time.

27.2 The Engineer in Charge shall be entitled to terminate the Contract if the Contractor

a) abandons the Works or otherwise plainly demonstrates the intention not to continue
performance of his obligations under the Contract;
b) the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation;
c) without reasonable excuse fails to comply with the notice to correct a particular
defect within a reasonable period of time;
d) the Contractor does not maintain a valid instrument of financial security as
prescribed;
e) the Contractor has delayed the completion of the Works by such duration for which
the maximum amount of liquidated damages is recoverable;
f) If the Contractor fails to deploy machinery and equipment or personnel or set up a
field laboratory as specified in the Contract Data;
g) If the contractor, in the judgment of the Engineer in charge has engaged in corrupt
or fraudulent practices in competing for or in executing the contract;

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14
h) Any other fundamental breaches as specified in the Contract Data.

27.3 In any of these events or circumstances, the Engineer in Charge may, upon giving 14
days’ notice to the Contractor, terminate the Contract and expel the Contractor from the
Site. However, in the case of sub-paragraph (b) or (g) of clause 27.2, the Engineer in
Charge may terminate the Contract immediately.

27.4 Notwithstanding the above, the Engineer-in-Charge may terminate the Contract for
convenience by giving notice to the Contractor.

28. Payment upon Termination

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

28.2 Payment on termination under clause 27. 4 above -

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

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

29. Performance Security

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

30. Security Deposit-

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

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

30.3 The Security Deposit shall be refunded as specified in the contract data on completion
15
of Defect Liability Period.

31. Price Adjustment

31.1 Applicability

1. Price adjustment shall be applicable only if provided for in the Contract Data.

2. The price adjustment clause shall apply only for the works executed from the date
of signing of the agreement until the end of the initial intended completion date or
extensions granted for reasons attributed to the Employer by the Engineer.

3. The Contractor shall not be entitled to any benefit arising from the price adjustment
clause for extension in the contract period for reasons attributed to the Contractor.

4. No price variation applicable on such items which are derived from current market
rate.

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

31.2 Procedure

1. Contract price shall be adjusted for increase or decrease in rates and price of
labour, materials, fuels and lubricants in accordance with following principles and
procedures and as per formula given in the contract data.
2. The price adjustable shall be determined during each quarter from the formula
given in the contract data.
3. Following expression and meaning are assigned to the work done during each
quarter:
R= Total value of work during the quarter. It would include the amount of
secured advance granted, if any, during the quarter, less the amount of secured
advance recovered, if any during the quarter, less value of material issued by
the department, if any, during the quarter.
4. Weightages of various components of the work shall be as per the Contract Data.
31.3 To the extent that full compensation for any rise or fall in costs to the contractor is not
covered by the provisions of this or other clauses in the contract, the unit rates and
prices included in the contract shall be deemed to include amounts to cover the
contingency of such other rise or fall in costs.

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31.4 The index relevant to any quarter, for which such compensation is paid, shall be the
arithmetical average of the indices relevant of the calendar month.
31.5 For the purpose of clarity it is pointed out that the price adjustment may be either
positive or negative, i.e. if the price adjustment is in favour of the Employer, the same
16
shall be recovered from the sums payable to the Contractor.
32. Mobilization and Construction Machinery Advance

32.1 Payment of advances shall be applicable if provided in the Contract Data.

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

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

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

32.5 The advance payment shall be recovered as stated in the Contract Data by deducting
proportionate amounts from payment otherwise due to the Contractor. No account shall
be taken of the advance payment or its recovery in assessing valuations of work done,
variations, price adjustments, compensation events, or liquidated damages.

33. Secured Advance

33.1 Payment of Secured Advance shall be applicable if provided in the Contract Data.

33.2 If applicable, the Engineer shall make advance payment against materials intended for
but not yet incorporated in the Works and against provision by the contractor of an
unconditional Bank Guarantee in a form and by a nationalized/ scheduled bank, in the
name as stated in the Contract Data, in amounts equal to the advance payment. The
guarantee shall remain effective until the advance payment has been adjusted, but the
amount of the guarantee shall be progressively reduced by the amounts adjusted by
the contractor.

33.3 The amount of secured advance and conditions to be fulfilled shall be as stipulated in
the Contract Data.

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

34. Payment Certificates

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

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(a) The Contractor shall submit to the Engineer monthly statements of the value of the
work executed less the cumulative amount certified previously, supported with detailed
measurement of the items of work executed.
(b) The Engineer shall check the Contractor’s monthly statement and certify the amount to
17
be paid to the Contractor.
(c) The value of work executed shall be determined, based on the measurements
approved by the Engineer/ Engineer-in-charge.
(d) The value of work executed shall comprise the value of the quantities of the items in the
Bill of Quantities completed.
(e) The value of work executed shall also include the valuation of Variations and
Compensation Events.
(f) All payments shall be adjusted for deductions for advance payment, security deposit,
other recoveries in terms of contract and taxes at source as applicable under the law.
(g) The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.
(h) Payment of intermediate certificate shall be regarded as payments by way of advance
against the final payment and not as payments for work actually done and completed.
(i) Intermediate payment shall not preclude the requiring of bad, unsound and imperfect or
unskilled work to be removed and taken away and reconstructed or be considered as
an admission of the due performance of the contractor any part thereof, in any respect
or the occurring of any claim.
(j) The payment of final bill shall be governed by the provisions of clause 36 of GCC.

E. Finishing the Contract

35. Completion Certificate

35.1 A Completion Certificate in the prescribed format in Contract Data shall be issued by
the Engineer-in-Charge after physical completion of the Work.

35.2 After final payment to the Contractor, a Final Completion Certificate in the prescribed
18
format in the Contract Data shall be issued by the Engineer-in-Charge.

36. Final Account

36.1 The Contractor shall supply the Engineer with a detailed account of the total amount
that the Contractor considers payable for works under the Contract within 21 days of

17
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issue of certificate of physical completion of works. The Engineer shall issue a Defects
Liability Certificate and certify any payment that is due to the Contractor within 45 days
of receiving the Contractor’s account if it is correct and complete. If the account is not
correct or complete, the Engineer shall issue within 45 days a schedule that states the
scope of the corrections or additions that are necessary. If the Account is still
unsatisfactory after it has been resubmitted, the matter shall be referred to the
Competent Authority as defined in the Contract Data, who shall decide on the amount
payable to the Contractor after hearing the Contractor and the Engineer in Charge.

36.2 In case the account is not received within 21 days of issue of Certificate of Completion
as provided in clause 35.1 above, the Engineer shall proceed to finalise the account
and issue a payment certificate within 28 days.

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F. Other Conditions of Contract

37. Currencies
All payments will be made in Indian Rupees.
38. Labour

38.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport.
38.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in
detail, in such form and at such intervals as the Engineer may prescribe, showing the
staff and the numbers of the several classes of labour from time to time employed by
19
the Contractor on the Site and such other information as the Engineer may require.
39. Compliance with Labour Regulations

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

40. Audit and Technical Examination

Government as well as UDA shall have the right to cause an audit and technical examination
of the works and the final bill of the contract including all supporting vouchers, abstract etc. to
be made after payment of the final bill and if as a result of such audit and technical
examination any sum is found to have been overpaid in respect of any work done by the
contractor under the contract or any work claimed by him to have been done under the
contract and found not to, have been executed, the Contractor shall be liable to refund the
amount of overpayment and it shall be lawful for UDA to recover the same from him in the
manner prescribed in clause 24 above and if it is found that the Contractor was paid less

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than what was due to him, under the contract in respect of any work executed by him under it,
20
the amount of such under payment shall be duly paid by UDA to the Contractor.
41. Death or Permanent Invalidity of Contractor
If the Contractor is an individual or a proprietary concern, partnership concern, dies during the
currency of the contract or becomes permanently incapacitated, where the surviving partners
are only minors, the contract shall be closed without levying any damages/ compensation as
provided for in clause 28.2 of the contract agreement. However, if the competent authority is
satisfied about the competence of the survivors, then the competent authority shall enter into
a fresh agreement for the remaining work strictly on the same terms and conditions under
which the contract was awarded.
42. Jurisdiction

This contract has been entered into the State of Madhya Pradesh and its validity, construction,
interpretation and legal effect shall be subjected to the courts at the place where this
21
agreement is entered into. No other jurisdiction shall be applicable.

Insurance:
43.1 The Contractor at his cost shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the date of completion of amount equal to
the contract amount for the following events which are due to the Contractor's risks:
(a) loss of or damage to the Works, Plant and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant,
Materials, and Equipment) in connection with the Contract; and
(d) Personal injury or death.
43.2 Insurance policies and certificates for insurance shall be delivered by the Contractor to
the Engineer for the Engineer's approval before the Start Date. All such insurance shall
provide for compensation to be payable in Indian Rupees to rectify the loss or damage
incurred.
43.3 (a) The Contractor at his cost shall also provide, in the joint names of the Employer and
the Contractor, insurance cover from the date of completion to the end of Defects Liability
Period, Loss of or Damage to the completed works, personal injury or death which are due to
the Contractor's risks:
43.3(b) Insurance policies and certificates for insurance shall be delivered by the Contractor
to the Engineer for approval before the completion date/start date. All such insurance shall
provide for compensation to be payable in Indian Rupees.
43.4 Alterations to the terms of insurance shall not be made without the approval of the
Employer.
43.5 Both parties shall comply with any condition of the insurance policies.
43.6 If Insurance as stated above is not complied by the contractor, the amount will be
deductible as stated in Contract Data.

[End of GCC]

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Contract Data22
GCC
Particulars Data
Clause
1 Employer Ujjain Development Authority
1.1 Engineer
1.2 Engineer in Charge
1.3 Stipulated Period of 03 Months including rainy season.
Completion
2 Special Condition Yes. If Yes, separately attached.
Language & Law of English & Indian Contract Act 1872
3
Contract
Address & contact As per Annexure-H
details of the
Contractor
4 Address & contact EXECUTIVE ENGINEER
details of the UJJAIN DEVELOPMENT AUTHORITY
Employer/ Engineer – Mobile No.: 9826579595
phone, Fax, e-mail. Email : [email protected]
Subcontracting Applicable for the works of more than Rs. Five
5 permitted for the Crores only.
Contract Value
Technical Personnel As per 'Annexure-I' (Format I-3)
to be provided by the
contractor
Penalty, if required Rs. 45,000/- per month for each Graduate
6 Technical Personnel Engineer
not employed Rs. 30,000/- per month for each Diploma
Engineer
Rs. 20,000/- per month for Computer Operator
cum typist
Specifications As per 'Annexure - E'
7
Drawings As per 'Annexure - N'
Competent Authority EXECUTIVE ENGINEER
for deciding dispute UJJAIN DEVELOPMENT AUTHORITY
under Dispute ujjain (M.P.)
Resolution System
8
Appellate Authority for SUPERINTENDING ENGINEER
deciding dispute under UJJAIN DEVELOPMENT AUTHORITY
Dispute Resolution ujjain (M.P.)
System

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GCC
Particulars Data
Clause
Period for submission Every 2 months at the end of every milestone,
of updated whichever is earlier.
construction program
Amount to be withheld @ 1 % (one) percent of contract amount,
9
for not submitting subject to a maximum of Rs. 50,000/-.
construction program
in the prescribed
period
Competent Authority (a) Upto 30 days – Executive Engineer, UDA
10 for granting Time (b) More than 30 days – Superintending
Extension Engineer / Chief Engineer, UDA
Milestones laid down
Yes
for the contract
If Yes, details of As per 'Annexure - O' or
Milestones as below, if not mentioned in Annexure -O:
Mile Stone 1:-
1/8th of the whole work before 1/4th of the
whole time allowed has elapsed,
11 Mile Stone 2:-
3/8th of the whole work before 1/2th of the
whole time allowed has elapsed
Mile Stone 3:-
3/4th of the whole work before 3/4th of the
whole time allowed has has elapsed
Mile Stone 4:-
complete work within the stipulated time
liquidated damage As per Annexure-P
List of equipment for As per Annexure-Q
lab
Time to establish lab 30 days from date of signing of the Agreement
12 Penalty for not 1% of Contract Amount per month,
establishing field subject to a maximum of Rs. 50,000/- per
Laboratory month of delay
13 Defect Liability Period Guideline as below: A ) For Road work:-
(i) For New Road (Bituminous) Construction along
with granular crust:- 5 years:
(ii) For New Road (Concrete) Construction: - 5
years;
(iii) For Renewal with BT layer equal to or less than
30 mm thick: 3 years;
(iv) For Renewal with BT layer more than 30 mm
thickness: 5 years
(B) For Bridge works - 3 years
(C) For Building works 3 years (Three Year) to
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GCC
Particulars Data
Clause
execute, complete and maintain works in
accordance with agreement and special conditions
of contract (SCC) after issue of physical completion
certificate as per "Annexure-U
Note: In accordance with clause 18.3 (GCC), the
Engineer-in-Charge shall intimate the contractor
about the cost assessed, for making good the
defects, and If the contractor has not corrected
defects, action for correction of defects shall be
taken by the Engineer in Charge as below:
(a)deploy departmental labour and material, OR
(b)engage a contractor by issuing a work order at
contract rate/SOR rate, OR
(c)sanction supplementary work in a existing
agreement to a contractor for zonal works or
similar other work, OR (d)invite open tender, OR
(e) Combination of above.
14 Competent Authority for As per book of financial power (updated)
determining the rate
Any other condition for Yes as below:
breach of contract If the contractor fails to achieve 50% financial
15 progress in any milestone and /or
fails to achieve 75% financial progress in two
consecutive mile stones
16 Penalty Penalty Shall include :
(a) Security deposit as per clause 30 of General
Conditions of Contract, and the percentage to
apply to the value of work not completed
representing the Employers additional cost for
completing the works shall be 20 percent.
(b) liquidated Damages imposed as per clause 15
or Performance Security (Guarantee)
including Additional Performance Security
(Guarantee), if any, as per clause 29 of
General Conditions of Contract, whichever is
higher.
Performance The upfront Bank Guarantee against Performance
guarantee (Security) Security shall be taken for a period as mentioned below –
(a) Works having Performance Guarantee of 5 Years-
shall be valid up to Construction Period + 5 Years + 3 Months.
(b) Works having Performance Guarantee of 3 Years-
Construction Period + 3 Years + 3 Months.
17 (c) Works having Performance Guarantee of 1 Years-
Construction Period + 1 Years + 3 Months.

It is clarified that in case the construction period of the

work is extended beyond the stipulated completion
period, the Bank Guarantee against PG shall have to be

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GCC
Particulars Data
Clause
got extended by the contractor for the relevant period so
as to satisfy the validity criteria mentioned above.
(Amended vide Govt.of MP, PWD Memo No.
1400/1246/2018/19/Yo Bhopal, dated. 06-04-2018)
Security Deposit to be At the rate of 5% of Gross Amount of Running Bill.
deducted from each
18 running bill
Maximum limit of deduction Up to 5% of Final Contract Amount.
of Security Deposit
Release of a. For Building and road works
Performance Security
01 After 18 months 25%
and Security Deposit
19 02 After 24 months 25%
from the date of the
actual completion of 03 After 36 months 50%
the work

20 Clause 31.1(1)Price 1. Price Adjustment shall be applicable only in case of

adjustment shall be contracts in which PAC is more than Rs. 10 (Ten)
Crores and shall be paid as per the provisions in
applicable
Annexure-R.
2. Price Adjustment will not be applicable in the non-
SOR items included in BOQ or non-SOR items
executed during the contract period.
21 Clause 32.1 NO
Mobilization and
Construction
Machinery Advance
Applicable
Clause 32.2 If yes, Not Applicable
Unconditional Bank
Guarantee
Clause 32.3 If yes, Not Applicable
Rate of interest
chargeable on
advances
Clause 32.4 If yes, Not Applicable
Type & Amount of
Advance payment that
can be paid
Clause 32.5 If yes, Not Applicable
Recovery of advance
payment
22 Clause 33.1 Secured NO
Advance Applicable
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GCC
Particulars Data
Clause
Clause 33.2 if yes, NO
Unconditional Bank
Guarantee
Clause 33.2 if yes,
Amount of Secured Applicable
Advance
Clause 33.3 if yes, Applicable
Conditions for secured
advance
Clause 33.4 if yes, Recovery from running account bill as per
Recovery of Secured consumption in the running account bill.
advance
Completion Certificate
– after physical
As per 'Annexure - U'23
completion of the
Work
23 Final Completion
Certificate – after final
payment on As per 'Annexure- V'
completion of the
Work
24 Competent Authority Executive Engineer of UDA
Salient features of
some of the major
25 As per 'Annexure-W'
labour laws that are
applicable
26 Competent Authority Executive Engineer of UDA
27 Insurance

Note: The conditions / informations as mentioned above in the Contract-

data sheet, shall supersede the relevant clause of GCC (General
Conditions of Contract) of the tender document.

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ANNEXURE – N

Drawings
List of drawings –

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ANNEXURE – O

Details of Milestones

1. Mile Stone 1:-

1/8th of the whole work before 1/4th of the whole time allowed has elapsed,
2. Mile Stone 2:-
3/8th of the whole work before 1/2th of the whole time allowed has elapsed
3. Mile Stone 3:-
3/4th of the whole work before 3/4th of the whole time allowed has has elapsed
4. Mile Stone 4:-complete work within the stipulated time

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ANNEXURE – P

Compensation for Delay

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

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

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

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

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

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

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

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

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

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

The decision of Superintending Engineer shall be final and binding upon both the
parties.

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ANNEXURE – Q

List of Equipment for Quality Control Lab

S.No. Equipment Description Capacity Required Callibration

Nos./Set Frequency
1 Electronically Operated Compression 3000KN 1 year
Testing Machine
2 Electronic Weigh Balance 200kg 1 year
3 Electronic Weigh Balance Range 50kg 1 year
4 Electronic Weigh Balance Range 10kg 1 year
5 Electronic Weigh Balance Range 03/05kg 1 year
(least count 1
gm)
6 Rapid moisture meter 1 year
7 Hot air oven
8 Digital Thermometer
9 Pocket TDS Meter
10 Sieve shaker
11 GI Test Sieves – (40mm to 2.36mm)
450mm dia
12 Slump cone with tamping rod
13 Sand pouring cylinder
14 Brass Test Sieves (10mm to pan)
250mm dia
15 Cement mortar cube vibrator
16 Concrete cube Mould 150*150*150
17 Concrete cube mould 100*100*100
18 Vicat apparatus with sieve pot &
needle
19 Trowel
20 GI Tray
21 Flakiness / Elongation gauge
22 Pycnometer
23 Measuring Jar glass 500 ml
24 Measuring Jar glass 1000 ml
25 Water test kit (chloride / sulphate)
26 Digital Rebound hammer
27 Universal testing machine (UTM)
28 Ultrasonic pulse velocity equipment

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ANNEXURE - R

Price Adjustment
Clause No.

31. Price Adjustment

The formulas for adjustment of price are as follow:

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

Weightages* of component in the work

Percentage of component
S.No Component
in the work

1 Labour – PL 0%

2 Cement - Pc 18%

3 Steel - Ps 13%

4 POL - Pf 5%

5 Other Material – PM 0%

* Weightage’s of various components of the work shall be as determined by the

competent technical sanction authority.

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

(a) The price adjustment shall apply for the work done from the start date given in the
contract data upto the end of the initial intended completion date or extensions
granted by the Engineer and shall not apply to the work carried out beyond the
stipulated time for reasons attributable to the contractor.

(b) The price adjustment shall be determined during each month from the formula
given in the contract data.

(c) Following expression and meaning are assigned to the work done during each
month :

R = Total value of work during the month. It would include the amount of
secured advance granted, if any, during the month, less the amount of secured
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advance recovered, if any during the month. It will exclude value of worked
executed under variations for which no price adjustment shall be payable.

The formula for adjustment of prices are :

R = Value of work as defined in Clause 31.1 of Conditions of Contract

Adjustment for Labour Component

(i) Price adjustment for increase or decrease in the cost due to labour shall be paid in
accordance with the following formula.

VL = 0.85 × PL /100 × R(Li-Lo)/L0

VL = Increase or decrease in the cost of work during the month under consideration
due to changes in rates for local Labour.

L0 = The Price Index will be payable from date of issuance of SOR (For Road & Bridge
works in force from 25-03-2022 of MP PWD and adopted by UDA.) as per PWD
circular No. F53/16/2012/19/YO/1653 Bhopal dated 06-05-2022.

Li = The consumer price index for industrial workers for the state for the month under
consideration as published by Labour Bureau, Ministry of Labour component of the
work.

PL = Percentage of Labour component of the work.

Adjustment for OPC Grey cement component

(ii) Price adjustment for increase or decrease in the cost of cement procured by the
contractor shall be paid in accordance with the following formula.
VC= 0.85 x PC/100 x R x (Ci-C0)/C0

Vc= increase or decrease in the cost of work during the month under Consideration
due to changes in rates for cement.

C o= The Price Index will be payable from date of issuance of SOR (For Road &
Bridge works in force from 25-03-2022 of MP PWD and adopted by UDA.) as per PWD
circular No. F53/16/2012/19/YO/1653 Bhopal dated 06-05-2022.

Ci= The all India average wholesale price index for OPC grey cement for the month
under consideration as published by the Economic Advisor, DIPP, Ministry of Commerce
& Industry Government of India New Delhi.

P c= Percentage of cement component of the work

Adjustment of steel component

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(iii) Price adjustment for increase or decrease in the cost of steel procured by the
Contractor shall be paid in accordance with the following formula:24

Vs= 0.85 x PS x /100 x R x (S1-S0)/S0

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

S0= The Price Index will be payable from date of issuance of SOR (For Road &
Bridge works in force from 25-03-2022 of MP PWD and adopted by UDA.) as per PWD
circular No. F53/16/2012/19/YO/1653 Bhopal dated 06-05-2022.

Si = The all India average wholesale price index for mild steel Long products for
the month under consideration as published by the Economic Advisor, DIPP, Ministry of
Commerce & Industry Government of India New Delhi.

Ps= Percentage of steel component of the work.

Note : For the application of this clause, index of mild steel Long products has been
chosen to represent steel group.

Adjustment of POL (fuel and lubricant) component

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

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

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

consideration due to changes in rates for fuel and lubricants.

Fo = The Price Index will be payable from date of issuance of SOR (For Road &
Bridge works in force from 25-03-2022 of MP PWD and adopted by UDA.) as per PWD
circular No. F53/16/2012/19/YO/1653 Bhopal dated 06-05-2022.

Fi = The official retail price of HSD at the existing consumer pumps of IOC nearest
to work site for the 15th day of month under consideration.

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

Note : For the application of this clause, the price of high speed diesel oil has been chosen
to represent fuel and lubricants group.

Adjustment of other material component.

24

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(v) Price adjustment for increase or decrease in cost of local materials other than cement
steel, Bitumen and POL procured by the contractor shall be paid in accordance with the
following formula :

Vm = 0.85× Pm/100 × R×(Mi-Mo)/ Mo

Vm = Increase or decrease in the cost of work during the month under consideration
due to changes in rates for local materials other than cement, steel, Bitumen and POL.

Mo = The Price Index will be payable from date of issuance of SOR (For Road & Bridge
works in force from 25-03-2022 of MP PWD and adopted by UDA.) as per PWD
circular No. F53/16/2012/19/YO/1653 Bhopal dated 06-05-2022.

Mi = The all India wholesale price index (all commodities) for the month under
consideration as published by the Economic Advisor, DIPP, Ministry of Commerce &
Industry Government of India New Delhi.

Pm = Percentage of local material component (other than cement, steel, Bitumen

and POL) of the work. plant and machinery spares component of the work.

Note :Price Adjustment / Escalation will be payable. The condition of

maximum limit 8%. increase and decrease of work executed is
payable to Maximum upto 8%.
Note: For the application of this clause, the price of HIGHER SECONDARY
Speed Diesel has been chosen to represent fuel and lubricants
group.

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Annexure – S

Bank Guarantee Form for Mobilization and Construction Machinery Advance

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

Signature and Seal : ____________________________

Name of Bank/Financial Institution: _________________

Address : _____________________________________
Date : ____________
_____________________________________________________________________
* An amount shall be inserted by the Bank or Financial Institution representing the
amount of the Advance Payment, and denominated in Indian Rupees.

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Annexure – T

Bank Guarantee Form for Secured Advance

INDENTURE FOR SECURED ADVANCES

This indenture made the _____ day of ______ 20___ BETWEEN

____________ (hereinafter called the contractor which expression shall where the
context so admits or implies be deemed to include his executors, administrators
and assigns) or the one part and the Employer of the other part.

Whereas by an agreement dated ______________ (hereinafter called the

said agreement) the contractor has agreed.

AND WHEREAS the contractor has applied to the Employer that he may be
allowed advanced on the security of materials absolutely belonging to him and
brought by him to the site of the works the subject of the said agreement for use in
the construction of such of the works as he has undertaken to executive at rates
fixed for the finished work (inclusive of the cost of materials and labour and other
charges)

AND WHEREAS the Employer has agreed to advance to the Contractor the
sum of Rupees _________________________ on the security of materials the
quantities and other particulars of which are detailed in Accounts of Secured
Advance attached to the Running Account Bill for the said works signed by the
Contractor on _________ and the Employer has reserved to himself the option of
making any further advance or advances on the security of other materials brought
by the Contractor to the site of the said works.

Now THIS INDENTURE WITNESSETH that in pursuance of the said

agreement and in consideration of the sum of Rupees ___________ on or before
the execution of these presents paid to the Contractor by the Employer (the receipt
where of the Contractor doth hereby acknowledge) and of such further advances (if
any) as may be made to him as a for said the Contractor doth hereby covenant and
agree with the President and declare as follows:
That the said sum of Rupees ________________ so advanced by the
Employer to the Contractor as aforesaid and all or any further sum of sums

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advanced as aforesaid shall be employed by the Contractor in or towards

expending the execution of the said works and for no other purpose whatsoever.
(1) That the materials details in the said Account of Secured Advances which
have been offered to and accepted by the Employer as security are
absolutely the Contractor's own propriety and free from encumbrances of
any kind and the contractor will not make any application for or receive a
further advance on the security of materials which are not absolutely his own
property and free from encumbrances of any kind and the Contractor
indemnified the Employer against all claims to any materials in respect of
which an advance has be made to him as aforesaid.
(2) That the materials detailed in the said account of Secured Advances and all
other materials on the security of which any further advance or advances
may hereafter be made as aforesaid (hereafter called the said materials)
shall be used by the Contractor solely in the execution of the said works in
accordance with the directions of the Engineer.
(3) That the Contractor shall make at his own cost all necessary and adequate
arrangements for the proper watch, safe custody and protection against all
risks of the said materials and that until used in construction as aforesaid the
said materials shall remain at the site of the said works in the Contractor's
custody and on his own responsibility and shall at all times be open to
inspection by the Engineer or any officer authorized by him. In the event of
the said materials or any part thereof being stolen, destroyed or damaged or
becoming deteriorated in a greater degree than is due to reasonable use
and wear thereof the Contractor will forthwith replace the same with other
materials of like quality or repair and make good the same required by the
Engineer.
(4) That the said materials shall not be removed from the site of the said works
except with the written permission of the Engineer or an officer authorized by
him on that behalf.

(6) That the advances shall be repayable in full when or before the Contract
receives payment from the Employer of the price payable to him for the said
works under the terms and provisions of the said agreement. Provided that if
any intermediate payments are made to the Contractor on account of work
done than on the occasion of each such payment the Employer will be at
liberty to make a recovery from the Contractor's bill for such payment by
deducting there from the value of the said materials than actually used in the
construction and in respect of which recovery has not been made previously,
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 UJJAIN DEVELOPMENT AUTHORITY
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the value for this purpose being determined in respect of each description of
materials at the rates at which the amounts of the advances made under
these presents were calculated.

(7) That if the Contractor shall at any time make any default in the performance
or observance in any respect of any of the terms and provisions of the said
agreement or of these presents the total amount of the advance or advances
that may still be owing of the Employer shall immediately on the happening
of such default be re-payable by the Contractor to be the Employer together
with interest thereon at twelve percent per annum from the date or
respective dates of such advance or advances to the date of repayment and
with all costs, charges, damages and expenses incurred by the Employer in
or for the recovery thereof or the enforcement of this security or otherwise by
reason of the default of the Contractor and the Contractor hereby covenants
and agrees with the Employer to reply and pay the same respectively to him
accordingly.

(8) That the Contractor hereby charges all the said materials with the repayment
to the Employer of the said sum of Rupees________________________
and any further sum of sums advanced as aforesaid and all costs, charges,
damages and expenses payable under these presents PROVIDED
ALWAYS and it is hereby agreed and declared that notwithstanding anything
in the said agreement and without prejudice to the power contained therein if
and whenever the covenant for payment and repayment here-in-before
contained shall become enforceable and the money owing shall not be paid
in accordance there with the Employer may at any time thereafter adopt all
or any of the following courses as he may deem best:

(a) Seize and utilise the said materials or any part thereof in the completion
of the said works on behalf of the contractor in accordance with the
provision in that behalf contained in the said agreement debiting the
contractor with the actual cost of effecting such completion and the
amount due to the contractor with the value of work done as if he had
carried it out in accordance with the said agreement and at the rates
thereby provided. If the balance is against the contractor, he is to pay
same to the Employer on demand.

(b) Remove and sell by public auction the seized materials or any part
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 UJJAIN DEVELOPMENT AUTHORITY
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thereof and out of the moneys arising from the sale retain all the sums
aforesaid repayable or payable to the Employer under these presents
and pay over the surplus (if
any) to the Contractor.

(C) Deduct all or any part of the moneys owing out of the security deposit or
any sum due to the Contractor under the said agreement.

(9) That except in the event of such default on the part of the contractor as
aforesaid interest on the said advance shall not be payable.

(10) That in the event of any conflict between the provisions of these presents
and the said agreement the provisions of these presents shall prevail and in
the event of any dispute or difference arising over the construction or effect
of these presents the settlement of which has not been here-in-before
expressly provided for the same shall be referred to the Employer whose
decision shall be final and the provision of the Indian Arbitration Act for the
time being in force shall apply to any such reference.

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Annexure – U

Physical Completion Certificate

Name of Work:

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

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

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

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

Last measurement recorded

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

Certified that the above mentioned work was physically completed on

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

Date of issue

EXECUTIVE ENGINEER
UJJAIN DEVELOPMENT AUTHORITY

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Annexure – V

Final Completion Certificate

Name of Work:

Agreement no. ………………………………………….………. Date ………………

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

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

Last measurement recorded

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

Certified that the above mentioned work was physically completed on

………………. (date) and taken over on ……………….. (date).
Agreemented amount Rs. …………………..
Final Amount paid to contractor Rs. ----------------------

Incumbency of officers for the work

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

Date of issue
EXECUTIVE ENGINEER
UJJAIN DEVELOPMENT AUTHORITY

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 UJJAIN DEVELOPMENT AUTHORITY
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Annexure – W
Salient Features of Some Major Labour Laws Applicable

a) Workmen Compensation Act 1923:- The Act provides for compensation in

case of injury by accident arising out of and during the course of
employment.

b) Payment of Gratuity Act 1972:- Gratuity is payable to an employee under

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

c) Employees P.F. and Miscellaneous Provision Act 1952:- The Act

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

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

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

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

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

h) Equal Remuneration Act 1979:- The Act provides for payment of equal
wages for work of equal nature to male and female workers and for not
making discrimination against female employees in the matters of transfers,
training and promotions etc.
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 UJJAIN DEVELOPMENT AUTHORITY
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i) Payment of Bonus Act 1965:- The Act is applicable to all establishments

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

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

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

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

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

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

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

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

o) The Building and Other Construction workers (Regulation of

Employment and Conditions of Service) Act 1996 and the Cess Act of
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 UJJAIN DEVELOPMENT AUTHORITY
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1996: - All the establishments who carry on any building or other

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

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

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Annexure – X

CALCULATION OF BID CAPACITY

Bid Capacity = (1.5 A X B) – C

Where -
A = Maximum value of civil engineering works executed in any one year during
the last five year (10% weightage per year shall be given to bring the value
of work executed at present price level)

B = Proposed contract period in years.

C = Amount of work in hand at present as per Table-2 of Format I-1

(to be enclosed)

Calculation of Bid Capacity as per formula above is submitted by bidder as

below :-
A = ……………….
B = ……………….
C = ……………….

Bid Capacity = ( 1.5 A X B ) – C

Bid Capacity = ……………..

Note: In the Bid Capacity “B” shall be considered as follows :-

Contract Period “B” shall be considered as
Upto 6 Months 0.5
More than 6 Months and Upto 12 Months 1.0
More than 12 Months and Upto 18 Months 1.5
More than 18 Months and Upto 24 Months 2.0
More than 24 Months and Upto 30 Months 2.5
More than 30 Months and Upto 36 Months 3.0

Signature of Bidder

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 UJJAIN DEVELOPMENT AUTHORITY
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SECTION - 3
SECTION 3

BILL OF QUANTITIES (BOQ)

As per Bill of Quantities (BOQ) attached

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SECTION 4
AGREEMENT FORM
This agreement no………………. is made herewith this day ……….. 2023 between
In Ujjain Development Authority, Ujjain and M/s……………………
(name of contractor) ………………….. (Address of contractor) for construction of
………..(name of work) as per terms and conditions annexed hereto for the execution and
completion of such Works and the remedying of any defects therein, at a cost of
Rs.______________.

NOW THIS AGREEMENT WITNESSED as follows:

1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to
and they shall be deemed to form and be read and construed as part of this
Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to
execute and complete the Works and remedy any defects therein in conformity in
all aspects with the provisions of the contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying the defects wherein
Contract Price or such other sum as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be ready and construed as
part of this Agreement viz.
i. Letter of Acceptance
ii. Contractor's Bid
iii. Condition of Contract: General and Special
iv. Contract Data
v. Bid Data
vi. Drawings
vii. Bill of Quantities and
viii. Any other documents listed in the Contract Data as forming part of the
Contract.
In witnessed whereof, the parties there to have caused this agreement to be
executed the day and year first before written.

Binding Signature of Employer ___________________________________________

Binding Signature of Contractor ______________________________________

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 Name of Work : CONSTRUCTION OF MASTER PLAN
UDA ROAD IN TPS-10 VILLAGE PALAKHEDI BANGARDA,
ujjain DEVELOPMENT AUTHORITY TIGARIYA BADSHAH, LIMBODAGARI ujjain
7] jsldkslZ jksM+ bankSj & 452003 - 7,Race course Road, ujjain - 452003
Fax no. 0731- 2430553, Email : [email protected],
Website : www.UDAujjain.org

SECTION 5
Special Conditions of Contract
Part – II Special Conditions of Contract [SCC]
1. The security deposit may be deposited as FDR but it shall be produced before payment of the running bill.
After completion of work SD will not be converted into FDR.
2. The contractor will have to submit compulsorily paid challan of EPF of labours according to labour report
with every running bill.
3. The Earnest money of the successful bidder will be refunded after the issuing of work order, .
4. The contractor shall arrange the water and electricity connection at site at own cost, on his own name and
also ensure the regular payment of the same.
5. Quantity shown in the schedule of items may vary as per requirement of site condition. No claim for such
variation will be entertained.
6. The contractor will be responsible for providing proper barricading, fencing, lighting and taking of the
necessary safety measures for all works. All the arrangements made for barricading, fencing; lighting shall be
maintained by the contractor at his own cost as per the instruction of Engineer-in-charge.
7. The excavated stuff/material shall be dumped at the suitable place and after completion of work site shall
be cleared as directed by the Engineer-In-Charge.
8. Site Visit and examination of works - The bidder is advised to visit and inspect the Site of Works and its
surroundings on its own responsibility all information that may be necessary for preparing the bid and
entering into a contract for construction of the work. All costs in this respect shall have to be borne by the
bidder.
9. For any legal dispute, the Jurisdiction will be Ujjain (M.P.)
10. It is mandatory to use material as per make list approved by Ujjain Development Authority/EIC.
11. If there is any discrepancy in the drawing then contractor shall discuss with EIC before execution. After
completion of work contractor will submit one copies of complete drawing in with final bill.
12. Final payment to the contractor shall only be made after submitting Royalty clearance certificate from
District Collector (Mining).
13. The employee provident fund act and other related labour law of central and state govt shall be applicable
to the contractor for every person employed or working on the site of the contractor and the contractor shall
be solely responsible for all litigation and compensation. In case of any accident contractor will be responsible
for all type of claim and litigation.
14. Amendments to NIT, if any, would be published on website only, and not in newspaper.
15. Any type of exemption in Tender Form Fees / EMD will not be allowed and Tender without Tender form
Fees / EMD shall be rejected prima-facie.
16. In case of any accident contractor will be responsible for all type of claim and litigation.
17. In the case of pandemic, successful bidder, shall follow the protocol/ guidelines issued by government of
India, state (provincials) government health department & local administration. All such protocols/guidelines
shall be mandatory to follow & will supersede all clauses of NIT, & shall be binding on employer &
employee.
18. All the uploaded documents should be clearly visible and readable, otherwise the bid will be rejected of the
selected bidder.
19. In case of any discrepancies in any item of BOQ then SOR item will be final.
20. The tender must obtain for himself, at his own responsibility and at his own expenses all the
information, which must be necessary for purpose of submitting the tender and for entering into a
contract. He is presumed to have examined the drawing and inspected the site of work, access to the
work, nature of the work, availability and quality of the materials pertaining to the work, No claim
for extra on account of non-availability of materials or otherwise shall be entertained.
21. Contractor Shall have to submit Royalty Clearance certificate for the material consumed
from the concerned authority along with the Final bill.

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